Liar, Liar: What to do When Your Client Lies
Whether they are confused, scared, or just plain dishonest, sometimes clients don’t tell the truth. In this webinar, you will learn what ethical choices and responsibilities a lawyer may face upon learning that a client has lied either to the lawyer, in non-litigation documents, or to a tribunal. What You Will Learn The ethical rules…
The Profitable Consumer Law Practice: Being A Good Lawyer is Not Good Enough, Part 1
The goal of the National Association of Consumer Advocates’ two-part webinar series: The Profitable Consumer Law Practice: Being a Good Lawyer is Not Good Enough, is to assist attendees in strengthening their consumer law practice and maximizing its profitability. The first webinar in this series will walk attendees through the basics of choosing practice areas,…
The Profitable Consumer Law Practice: Being a Good Lawyer is Not Good Enough, Part 2
The goal of the National Association of Consumer Advocates’ two-part webinar series: The Profitable Consumer Law Practice: Being a Good Lawyer is Not Good Enough, is to assist attendees in strengthening their consumer law practice and maximizing its profitability. The first webinar in this series will walk attendees through the basics of choosing practice areas,…
How Much is My FCRA Case Worth?
Why You Should Attend This webinar is for anyone who wants to get a better handle on how to valuate FCRA cases. We will look at the types of recovery available, examine factors that make good (and bad) cases, and survey FCRA verdicts with various fact patterns. You will get materials for finding and citing…
Don’t Leave Money on the Table: Settle FCRA Cases
What You Will Learn Valuation of case for settlement and materials needed Composing the settlement demand letter Effective negotiating techniquesStrategies in multiple defendant cases Contents of the settlement agreement Presenter Robert S. Sola has his own practice in Portland, Oregon, where he has been handling Fair Credit Reporting Act cases since 1996. He represents consumers…
Ethics in Consumer Cases: How Not to Look Sleazy
Consumer attorneys frequently encounter a specific set of ethics dilemmas that are unique to consumer cases. Unlike the typically broad, sweeping Ethics Overview CLE, this interactive online course is designed specifically with the consumer attorney in mind. Ethics expert and Director of Litigation at the Center for Science in the Public Interest, Stephen Gardner, will…
Basic Car Loan Math
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…
How to Build Your Practice One Hour at a Time
If you could get paid for all the time you give away, wouldn’t you? As consumer lawyers, we often feel we have to give our time generously because our clients and potential clients are usually in terrible financial straits; but not every consumer in need of assistance is a pro bono case. This webinar will…
Ethical Considerations for FDCPA Practitioners
Maintaining a practice concentrating on claims under the Fair Debt Collection Practices Act comes with its own ethical challenges. Join us July 1st for a webinar by David J. Philipps, a NACA founding member with over 25 years of experience in working with the FDCPA. A range of topics taken directly from his experience as…
Let’s Get Ethical
Legal ethics is a minefield for the unwary lawyer. The program will address common ethics issues that arise in handling consumer matters, including whether one can ethically suggest that a client record telephone calls, issues raised in representing multiple consumers against a single defendant, defendants' efforts to keep information and settlement terms confidential, and ethical…
Debt Defense with Peter Holland
In this 60 minute webinar, Peter covers background, insights and litigation tips for debt defense cases. Topics include: overview of debt buyer industry; Forward Flow Agreements and bank liability; current regulatory response; debt buyer default judgment business model; client intake; screening for affirmative claims; trial preparation; trial tips; essential settlement terms; and significant case law…
Networking for the Consumer Attorney
A wise lawyer friend said to me once, “I’ve gone solo but I’m not going to sit around and wait for the phone to ring.” His wife was in marketing, so he made key chains and got an 800-number and was a sponsor of rock concerts in our area, and that was great for getting…
How to Recover the Full Amount of Attorneys Fees
Many consumer protection cases are litigated under fee-shifting laws. If you prevail on behalf of the consumer in your case, you may be able to recover attorney fees from the other side. Many consumer protection attorneys are well versed on the substantive law that allows them to prevail on behalf of their clients. This webinar…
Guerrilla Marketing in the Jungle
A consumer practice is often very different than other law business models. Therefore, the approach to marketing should be different as well. This webinar provides an overview of the basics for those that didn’t go to business school, tools to evaluate off-the-shelf marketing products and practical takeaways that can be used in their practice. Presenter…
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,…
How to Jumpstart Your Practice
Whether you have been in private practice for years, or if you are just thinking about hanging your own shingle, we can all benefit from giving our careers a "jump start." We will cover an entrepreneurial angle of the practice of consumer law, including insight on creating a business plan, the basics of setting up…
Tax Initiative Update – 2015
Benjamin Franklin quipped that “nothing can be certain, except death and taxes.” It is surprising, however, that your clients are taxed on the attorney’s fees that you earn while representing them. This webinar will explain why this is the case by looking at attorney’s fees through the lens of tax law. What You Will Learn…
FTC Update: Simplifying Communications
The Center for Applied Linguistics (CAL), experts in communicating with English-language learners and people with low literacy levels, will share how to write for your clients in ways they will understand. CAL taught the FTC how to think and write for lower-level readers, resulting in consumer.gov; this webinar will give you many of the same…
Trees and Fruit: How Fee Agreements May Change the Taxation of Attorneys’ Fees
The structure of fee agreements plays a significant role in the taxation of attorneys' fees. The Supreme Court has held that traditional contingency fee agreements constitute impermissible assignments of taxable income ("fruit") from clients to their attorneys. The NACA Tax Initiative, however, has been exploring an as-of-yet untested theory that a nontraditional structure for fee…
1099s and Attorneys’ Fees
It's tax season and by now you and your clients should have received 1099s for settlements and judgments from last year. These forms are often misunderstood and raise many questions, especially regarding their implications for the taxation of attorneys' fees. In this session, you will have the opportunity to have your own questions about 1099s…
“As Is” Ain’t No Absolution
“As is” disclaimers are found in all used car contract. Defeating "as is" disclaimers is not impossible you just need to know how. Expand and improve your practice by learning how to defeat “as is” disclaimers. What You Will Learn Attendees will learn about the latest theories and case laws available to consumer advocates who…
How Consumer Law Specialties Choose You
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. What You Will Learn Techniques…
Finance Company Liability in Auto Fraud Litigation
The sharp and outright fraudulent business practices of many auto dealerships are well known and are the subject of much consumer litigation. And, as vehicle financing has grown, particularly for sub-prime auto loans, questions of finance company or “holder” liability have become central to auto fraud litigation. Rather than accept the caps on liability set…
How to Start/Maintain a Consumer Practice within a Legal Services Agency
According to the Legal Services Corporation (LSC), consumer issues account for eleven percent of all complaints in LSC-funded programs. Yet, the numbers of low income and economically vulnerable individuals impacted by debt collection, bankruptcy and other consumer problems are quite significant. For example, one in seven adults in the U.S. is being pursued by debt…
Turning Debt Defense Cases into a Consumer Practice
As advocates representing consumer collection defendants, we have all heard about how to use the FDCPA to turn the tables on debt buyers. But do you know how to turn the tables on other types of collection plaintiffs using other weapons in the consumer arsenal? An auto loan deficiency case, for example, can present a…
Gathering, Preserving, and Leveraging Evidence in FDCPA and TCPA Cases
Evidence handling is crucial to efficiently and effectively winning your FDCPA/TCPA cases. You can win these cases if you approach evidence gathering and preservation early—long before a case is ever filed—and then leverage it to overwhelm a short-sighted defendant. Every practitioner interested in improving his/her evidence-handling strategies ought to attend this important webinar. What You…
Fighting Unauthorized Billing and Charges on Consumer Accounts
Join this webinar to get practical information to help clients who have experienced unauthorized charges on their credit card, debit card, or bank accounts as well as their telephone bills or app store accounts. The FTC has sued operators of a variety of schemes that defrauded consumers with unauthorized charges and will share information about…
Used Car Cases Can Be More Profitable Than You Think
The used automobile sales industry is well known for its consumer protection abuses. However, because used car consumer cases often do not involve financially stable dealerships or claims against manufacturers, many consumer attorneys shy away from them. If you pick the right cases, you can build a viable auto fraud practice dealing with used car…
Maximizing Damages under the FDCPA
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. We’ll cover the authorities that help you establish the correct standard for determining actual damages (e.g. emotional distress)…
Navigating Consumer Protection Issues in Auto Buying
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…
Discovering Evidence in Credit Reporting 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…
Basic Concepts of the Electronic Funds Transfers Act
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). More and…
Mortgage 101
Webinars How to Handle Mortgage Loan Modifications After Forbearance How to set up a Successful Mortgage Practice Practice Tips for Litigating Regulation X Cases Strategies for Deposing Corporate Fact Witnesses The Da Vinci Code—How to read and understand Mortgage Life of Loan Histories using Black Knight’s LoanSphere Magnified MSP Why These Videos Are Helpful Are…
Practice Tips for Litigating Regulation X Cases
Now that HAMP has expired, it is more important than ever to utilize the provisions of Regulation X to ensure that servicers provide your clients with timely, thorough evaluations for all loss mitigation options. Regulation X has important protections in place for your clients in seeking options to save their homes. These actively litigated protections…
Consumer Defense Clinics: Building a Courthouse Clinic from the Ground Up
More than two-thirds of litigants in civil debt collection cases in the U.S. go through the court process unrepresented. As a result, many unrepresented consumers do not know how to defend themselves and often receive judgments for debts that have viable defenses or counter-claims. The key to addressing this problem is collaboration between pro bono…
Henson v. Santander Consumer USA Inc.
More than one-third of the $11.7 billion debt collection industry revenue comes from debt buyers who buy third-party debt for just a few cents on the dollars. The 9–0 Supreme Court’s Henson v. Santander Consumer USA Inc. 2017 WL 2507342 decision now exempts banks that buy third party debt from the Fair Debt Collection Practices…
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