Strategy: Structuring and Plotting the Case

Litigating Identity Theft Cases under the FCRA and State Law Claims

Identity theft cases under the FCRA go well beyond the reporting and disputing process. Lawyers must dig into the actual theft and strategically conduct discovery to obtain all the good, the bad, and the ugly facts to prepare for trial. This webinar will discuss what discovery tools were used in the Kim v. BMWFS trial won by Robert Brennan and Stephanie Tatar.  They will also discuss what discovery was purposely NOT conducted in order to obtain the best result at trial.

Development and Anticipated Impact of Recent FCC TCPA Rules

The Telephone Consumer Protection Act (TCPA) is a growing area of consumer law. In 2014, nine key rulings against Capital One, Jiffy Lube, Bank of America, Sallie Mae, and others settled for more than $200 million dollars for claims such as autodialing wireless phones, using prerecorded voice messages without consent, and sending unsolicited text messages. Understanding the anticipated impact of the June 2015 FCC TCPA Rules and recent case law is essential for filing TCPA lawsuits.

Alleging Affirmative Consumer Claims in Housing Cases

To maintain a successful practice, consumer lawyers need to be able to identify local trends and be prepared to respond to the incredibly high volume of lawsuits being filed against consumers in state courts across the country. Consumer attorneys often overlook affirmative claims that can be raised when a consumer is sued in housing court or in foreclosure, in both judicial and non-judicial foreclosure states.

Debt Defense 101 Trial Preparation

This webinar will discuss how to defend a consumer debt collection case at trial. It will first very briefly review the information, documents, and testimony you should optimally obtain in discovery for a typical collection defense case. It will then give an introductory-level overview of motions in limine, trial supoenas, evidence format and presentation, stipulations, opening statement and closing argument, cross examination of the plaintiff’s witnesses, and directed verdict motions/renewed motions.

That Could Be A Class Action!

How many times have you thought to yourself “this could make a great class action!” but you never followed through because you just didn’t know whether a consumer or employee class action was feasible or appropriate. This is a beginner’s webinar focusing on how to identify consumer or employee complaints that can be turned into great class actions – or when you should reject any notion of filing a class action.

FCRA Claims against Resellers

With mortgage loans being the “gold standard” for actual damages in FCRA cases, a consumer’s claims are greatly enhanced by mining all resellers’ liabilities for your consumer clients. Paul Mengedoth will discuss the overlay of additional liabilities involving claims against a “reseller” under the FCRA, common reseller defenses asserted in an FCRA case and practical pre- and post-litigation tips unique to reseller cases.


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