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According to the Federal Trade Commission, approximately 20 percent of Americans have serious mistakes on their credit reports. This impacts their abilities to purchase homes and cars and even to secure jobs. With many Americans currently and projected to be struggling to make ends meet, the need to access credit is crucial to allow families to stay in their homes and avoid car repossessions. Incorrect credit reporting makes home and car loans unaffordable to those most vulnerable. The Fair Credit Reporting Act (FCRA) delineates consumer rights regarding reporting of consumer data and responsibilities of Credit Reporting Agencies (CRAs) and furnishers to provide accurate information.

About the eCourse

The FCRA eCourse is a self-paced primer for attorneys interested in adding FCRA cases to their practice. The goal of the course is to prepare beginner and intermediate practitioners to litigate an FCRA case from the ground up. The eCourse includes information about claims and issue spotting, navigating the dispute process, and litigating through settlement and summary judgment. It contains an interactive story, sixteen webinars, and key sample documents including complaints and discovery requests.

Participants will have access to the course for three months and will receive a certificate of completion upon completion of the course for 17 CLE credits. In order to receive the certificate, you must complete the course. NACA is an approved multi-provider of CLE credits for the State of California and the State of Pennsylvania.

The Internet-based course allows participants a personalized experience, where they set their learning pace, rather than go at the pace of the group. Learners can focus on elements they need to learn and can skip what they already know. There is no travel time and no associated travel costs. Learn when it is convenient for you. Research shows that advantages to eLearning, like this eCourse, include reduced training time and better comprehension and retention.

What You Will Learn

  • Conduct effective intake to determine and identify privately enforceable FCRA violations
  • Issue spot damages and other pre-suit factors such as client goals and litigation timeline, and decide whether the client and case are a good fit for your firm
  • Determine the best strategy to litigate common credit reporting cases against CRAs and furnishers
  • Identify and litigate the following claims: 1681e(b), 1681i, and 1681s-2(b)
  • Understand damages and civil liability available for willful and negligent noncompliance per 15 USC Sections 1681n and 1681o
  • Draft effective Complaints and appropriately respond to motions to dismiss, motions to strike punitive damages, and standing/Spokeo motions
  • Strengthen cases through cost-effective discovery and respond to pre-settlement demand requests
  • Effectively value cases and negotiate fair and reasonable FCRA settlements
  • Defeat summary judgment motions filed by CRAs and furnishers

Course Developers

Justin Baxter is a trial attorney with Baxter & Baxter, LLP. He has obtained jury verdicts in state and federal court under the Fair Credit Reporting Act and Fair Debt Collection Practices Act, including Miller v. Equifax ($18.5 million), Valentine v. Equifax ($200,000), and Macik v. Chase ($190,000). He co-counsels cases with NACA members in all fifty states.

Matthew Loker is the founder of Loker Law, APC and Professor of Contracts at the San Luis Obispo College of Law. In practice, 100% of the cases handled by Loker Law, APC are consumer related. Said cases range from defending consumers who have been sued by creditors or debt collectors to large Multi-District Class Actions. Specifically, a majority of Matthew’s practice focuses on the FDCPA, the FCRA, the TCPA, California’s Identity Theft Act, and false advertising claims.

Craig Marchiando of Consumer Litigation Associates focuses his practice on representing consumers in lawsuits brought under the Fair Credit Reporting Act. Litigating mainly class action cases, Craig has represented thousands of consumers in successfully obtaining benefits under the FCRA’s broad protections and has been appointed class counsel by numerous courts across the country.

Robert S. Sola is the founding member of Robert S. Sola, P.C., a consumer law firm based in Portland, OR. He specializes in cases under the Fair Credit Reporting Act and has been handling such cases since 1996. Mr. Sola represents consumers across the country and has litigated FCRA cases in more than twenty-five states. Mr. Sola has obtained large jury verdicts against all three major credit reporting agencies. In 2002, he was lead counsel in Thomas v. Trans Union, where the jury awarded the consumer $5.3 million. In 2007, he was co-counsel in Williams v. Equifax, which resulted in a judgment of $3.4 million. Mr. Sola was named NACA Trial Lawyer of the Year in 2003. In 2018, Mr. Sola was a featured speaker at a credit reporting conference in Lagos, Nigeria.

Aaron M. Swift graduated cum laude from Dickinson College in Carlisle, PA, and then attended Stetson University College of Law. In 2012, Aaron accepted a position at LeavenLaw, where he managed the Consumer Law department. In October 2017, Aaron decided to hang a shingle of his own, and Swift, Isringhaus & Dubbeld, P.A. has grown to four attorneys representing consumers throughout Florida. Swift Law is dedicated to fighting debt collectors and credit reporting agencies as well as mortgage, credit card, and timeshare companies.

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