In recent years, litigation brought by the National Collegiate Student Loan Trusts (NCSLT) has become an epidemic. Defending these cases can be fun and rewarding. Often, consumers are faced with a lawsuit for tens of thousands of dollars on a loan they barely remember, from a trust they have never heard from. The deficiencies in the collectors’ proof have been well documented.
Strategy: Structuring and Plotting the Case
The FDCPA has come under an onslaught of resistance. Besides many companies cleaning up their collection calls, Spokeo and other creative defenses have hampered the effectiveness of consumer lawyers assisting debtor-clients. One statute that is often overlooked as a means for providing some protections to consumers is the Electronic Funds Transfers Act (EFTA).
Although recent law changes have made reverse mortgages less potentially catastrophic for seniors, these financial products remain problematic. Older adults will continue to struggle to keep their homes, especially as the baby boomer population ages. As long as reverse mortgages exist, attorneys will be needed to fight abusive practices. This webinar is geared to attorneys with an intermediate knowledge of foreclosures who are seeking to understand how to handle reverse mortgage cases.
Discovery in FCRA litigation is complex and compounded by defense counsel that feign ignorance and systematically work to maintain a veil of secrecy over their clients’ credit reporting activities. This seminar is intended to lift that veil by discussing common defense tactics aimed at frustrating your ability to conduct discovery as well as providing an overview of evidence essential to building your case.
What You Will Learn
• How to identify the evidence you need to win your case.
Have you ever had a client who was taken for a ride and lost significant money when buying a new or used car? In this webinar, staff from the Federal Trade Commission (FTC) will discuss some of the current consumer protection issues around one of the most expensive consumer purchases. Presenters will describe various deceptive and unfair acts and practices consumers may face when reviewing auto advertising, considering after-market or add-on products such as extended warranties or service contracts, and financing their vehicles.
Lawsuits brought by a National Collegiate Student Loan Trusts (NCSLT) have proliferated in the last three years. Consumer attorneys can raise multiple defenses to these lawsuits. This webinar will cover what these defenses are and how to plead them, while also discussing some of the litigation strategies that have been used to have the cases dismissed.
Many consumer cases are expert driven, and the court will benefit from the industry experience that a well-qualified expert can bring. Attorneys who are just developing their practice, who are not overly familiar with the auto industry, or who have had unfavorable experiences with experts from either side would benefit from the discussion. By attending, you will gain a more complete understanding of how to effectively find and utilize the skills of an auto fraud expert.
With the right storytelling and common law theories, you can maximize actual and punitive damages under the Fair Debt Collection Practices Act (FDCPA). Use of recent trial verdicts and arbitration awards can strengthen your case as well.
The rules of the road for residential mortgage servicing have changed significantly over the past several years and they’re about to shift again as we approach the expiration of the Treasury Department’s Making Home Affordable (MHA) loan modification and other loss mitigation programs.
This intermediate-level presentation is geared to consumer attorneys with some experience representing homeowners and borrowers but will also provide a basic overview suited to attorneys interested in adding residential mortgage servicing cases to their practices.
Foreclosures arise for many reasons. Sometimes loan modification agreements are broken, other times servicers are not reviewing people properly or using dual tracking within a case. In more than half of the country, lenders do not have to go to court in order to foreclose on a home. Since homeowners cannot defend themselves against this foreclosure, they need to file a lawsuit to temporarily stop the foreclosure.