The second webinar will cover the overlap of FCRA and Chapter 7 (liquidation) bankruptcy. Mr. Krumbein will be discussing very briefly how Chapter 7 works (again familiarity with bankruptcy is helpful but not required), and then go into the substantive law including the White/Acosta/Hernandez settlement. Emphasis will be on e[b] claims and the advisability of doing a dispute under i/s-2[b].
Spotting and Investigating the Legal Issue
Individuals who file joint returns with their spouses are on the hook if the taxes are not paid even if the other spouse is the sole income earner. Tax debts can be difficult to get rid of in bankruptcy, and of course bankruptcy comes with its own set of downsides. Relief is available for some spouses, including victims of domestic violence, through a series of statutes and procedures in the tax law.
The webinar will focus on businesses that hold themselves out to consumers as credit repair organizations, a consumer’s rights under the Act, and available remedies under the Act when an organization fails to meet its requirements.
The Fair Debt Collection Practices Act (FDCPA) is one of the most consumer-friendly statutes out there. And, with about one in seven consumers in the U.S. currently subject to collection by third party debt collectors, the potential harvest of FDCPA claims is plentiful. Learn the basics of the FDCPA so that you can spot potential claims and help consumers.
Justin Baxter will discuss litigation strategies, trial practice, and themes that resulted in an $18.5 million jury verdict against Equifax for violations of the Fair Credit Reporting Act. Beginning in 2009, Equifax merged Julie Miller's credit file with that of another person with a different Social Security number, birthdate and address. Ms. Miller disputed the account repeatedly, but Equifax failed to perform any reinvestigations. The case was tried in federal district court in Oregon in July of 2013.
Part 3 will cover the overlap of FCRA and the additional complexity of Chapter 13 bankruptcy. Mr. Krumbein will be discussing slightly more of the process of Chapter 13 and then go into the substantive law including the Bk D. Wisc. Case on correct credit reporting while in bankruptcy, and the VERY bad cases on credit reporting as a discharge violation- Helmes (Bk EDVA) and Mahoney (BK, WDTX). He will also briefly discuss the good case- Torres (Bk, SDNY). This is more about technical accuracy and less about the litigation and law.
It has long been recognized that residential tenants are consumers. Consumer protection laws and landlord/tenant laws ovelap in many ways.One growing area where consumer rights and tenants’ rights intersect involves the FCRA. Tenants are an excellent source of cases for FCRA lawyers in a variety of settings. For example, the 9th Cir. decision in Dennis v.
The law on individual and class action mootness is changing rapidly. New Supreme Court and Ninth Circuit cases undermine established precedent on the effect of offers of settlement and give you new arguments to avoid dismissal for mootness. This webinar will review these developments. Among the topics covered:
We will identify issues in Auto Fraud Litigation. The following subjects will be covered:
Even if you know the basics of calculating monthly payments on ordinary car loans, this webinar is designed to start with the basics, and then look at some of the “tweeks” that dealers use in structuring a deal that can impact true cost of borrowing to a consumer.Learn how to handle irregular payments structures such as bi-weekly/semi-monthly payments, and how to identify the impact these have on the actual APR of a loan, such as deferred down payments/pick-up payments, deferred first payments/balloon payments, using APRWIN (free software from the Office of the Comptroller of th