Interested in handling consumer class action cases? Want to know how to combat common defense challenges to a motion for class certification? This webinar will provide you with recommendations, backed by case law from multiple circuits, to help you prepare a successful class certification motion and respond to common defense challenges to certification.
Strategy: Structuring and Plotting the Case
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].
Are you considering or have you just started your own firm? Are you thinking about transitioning into another sub-specialty of consumer protection law? In this webinar, the presenters will discuss the practicalities of choosing specific practice areas in which to grow or expand, or in some cases, which to leave.
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.
This Webinar will focus on effective strategies for noticing and taking depositions in FCRA cases. When should depositions be noticed? Where and how should they be noticed? How should they be recorded? What should be the order of witnesses? What are the purposes of the depositions that the plaintiff seeks? What happens when the witness is unprepared or uncooperative? How should you deal with an obstructionist defense attorney? How should you mange deposition exhibits? Are you effectively taking a trial deposition?
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.