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…
Maximizing the Value of a TCPA Lawsuit
The TCPA is a hot bed of litigation and the time to file is yesterday. Anybody who is litigating or considering litigating TCPA cases could benefit from finding out how to make defendants pay top dollar on their cases. What You Will Learn How to put on your “$1500 Per Call” case from the client intake…
Litigating Adversary Proceedings in Consumer Bankruptcy Cases
Expand your consumer bankruptcy practice by learning how to file adversary proceedings in bankruptcy court and to maximize the value of your current cases. This webinar is geared to beginner and intermediate bankruptcy practitioners so that they can spot potential opportunities to help consumers in bankruptcy cases. What You Will Learn How to file an…
How to Set up a Successful Mortgage Practice
Dodd-Frank Mortgage Servicing Rules, alone or in conjunction with Chapter 13 Bankruptcy, are effective tools to assist homeowners with mortgage-related financial problems. You have heard about the rules, but how do you avoid having Chapter 7 as your own exit strategy? This webinar is for those practitioners who cannot resist these legal challenges but still…
Debt Collection Issues and Other Updates from the FTC
Join us to hear about some of the recent issues the Federal Trade Commission has been seeing in debt collection matters. These issues include phantom debt, unlawful third-party communications, collectors not disclosing their identity, and other misrepresentations regarding the nature of the debt. Staff from the FTC will talk about recent cases involving violations of…
Building your FDCPA Practice Using your Current Stock of Consumer Debt Work
If you have a consumer bankruptcy or debt defense practice, this webinar is for you. Our speakers will help you identify the opportunities for income-generating FDCPA cases you may already have in your files. Find the low-hanging fruit that these practice areas provide and learn how to build an FDCPA practice from the ground up.…
Strategies for Deposing Corporate Fact Witnesses
Mortgage companies and other industry players usually designate professional witnesses who know next to nothing and waste our time. To pin down what went wrong, we need to identify and depose fact witnesses. We can gather both facts and admissions from these fact witnesses. These depositions often help focus our strategy for deposing a corporate…
Identifying 1681e(b) Claims and Knowing when/if to Dispute with the CRAs
If you never (or rarely ever) file stand-alone 1681e(b) claims (or you don't know what an e(b) claim is), you should definitely attend this webinar! This webinar is intended to educate attorneys who are new to Fair Credit Reporting Act (FCRA) litigation or who have not thought about bringing a lawsuit against a credit reporting…
Telephone Consumer Protection Act (TCPA) 101
Webinars Decoding the Rules for Electronic Transactions and Electronic Signatures, Including Applications to the TCPA Gathering, Preserving, and Leveraging Evidence in FDCPA and TCPA Cases Maximizing Value of TCPA cases Stop the Insanity! – Learn how TCPA Can Turn Spam into Cases Why These Videos Are Helpful Are you interested in litigating TCPA claims? Do…
Debt Defense 101
Webinars Defending Debtors against First- and Third-Party Creditors Turning Debt Defense Cases into a Consumer Practice Debt Defense 101 Trial Preparation Debt Defense with Peter Holland What to ask when you don't know: 30b6 of a debt buyer Residential Rental Debt Collection Why These Videos Are Helpful Are you interested in developing a thriving debt…
Maximizing Case Value
Webinars Maximizing Value of TCPA cases Maximizing Actual and Punitive Damages under the FDCPA How to Keep the Lights On How to Succeed in Consumer Arbitration Why These Videos Are Helpful Are you handling affirmative claims under the FDCPA, TCPA, and FCRA and want to earn more for your cases? Do you want strategies and…
Student Loans and Bankruptcy
Webinars Managing Student Loans in Bankruptcy Student Loans: Is Bankruptcy the Right Choice How and When to Discharge Private Student Loans in Bankruptcy How to become a Successful Student Loan Lawyer Why These Videos Are Helpful Are you interested in litigating student loans cases? Do you want to learn which cases can be resolved in…
Fair Credit Reporting Act (FCRA) 201
Webinars Intersection between FCRA, Chapter 7, Mortgages, and Loan Modification Don’t Make this Mistake—Accuracy: Avoiding the Landmine in FCRA Cases Preparing to Beat the Credit Reporting Agencies in Summary Judgment in Federal Court Preparing to Beat a Furnisher Summary Judgment Motion in Federal Court Understanding the Metro 2 Reporting Format Suing the Government under the…
Fair Credit Reporting Act (FCRA) 101
Webinars Discovering Evidence in Credit Reporting Cases How Much FCRA Cases Are Worth Find FCRA Cases within Your Current Client Pool and Spot FCRA Violations Identifying 1681e(b) Claims and Knowing when/if to Dispute with the CRAs Identifying Claims against Furnishers Setting up your FCRA Case for Success Settlement: When to Hold Em and When to…
Bankruptcy and Consumer Cases
Webinars Litigating Adversary Proceedings in Consumer Bankruptcy Cases Managing Student Loans in Bankruptcy Student Loans: Is Bankruptcy the Right Choice Discharge Violations Reimagine Damages: Automatic Stay and Discharge Violation in Bankruptcy Court Why These Videos Are Helpful Are you interested in handling both consumer cases and bankruptcy cases? Do you want to file adversary proceedings…
Legal Services Package
Webinars Consumer Defense Clinics: Building a Courthouse Clinic from the Ground Up How to Start/Maintain a Consumer Practice within a Legal Services Agency Starting a Student Loan Practice for the Legal Services Practitioner Online Roundtable: Auto Fraud in a Legal Aid Setting Bring the FCRA into Your Legal Aid Practice Why These Videos Are Helpful…
Fair Debt Collection Practices Act (FDCPA) 101
Webinars Building your FDCPA Practice Using your Current Stock of Consumer Debt Work Maximizing Damages under the FDCPA A Beginner’s Guide to FDCPA Cases Powerful FDCPA Intake: Taking Great Cases and Making Great Money Gathering, Preserving, and Leveraging Evidence in FDCPA and TCPA Cases Why These Videos Are Helpful Are you interested in developing a thriving…
Auto Fraud 101
Webinars Mastering Wrongful Repossession Cases Developing an Auto Fraud Practice Part 2 Finance Company Liability in Auto Fraud Litigation Hands-On Tools for TILA Closed-End Credit Cases How to Make Money as an Auto Fraud Practitioner Introduction to Auto Fraud Finance Used Car Cases Can Be More Profitable Than You Think Why These Videos Are Helpful…
Developing a Consumer Law Practice
Webinars Building your FDCPA Practice Using your Current Stock of Consumer Debt Work Developing an Auto Fraud Practice Part 1 Developing an Auto Fraud Practice Part 2 How to Become a Successful Student Loan Lawyer How Consumer Law Specialties Choose You How to Set Up a Successful Mortgage Practice Triage Your FCRA Practice Why These…
Disputable Me: Tools and Tricks for Challenging Credit Card Debt
Nearly fifty percent of Americans have been victims of credit card fraud in the past five years. The fallout from fraudulent charges can extend beyond the simple hassle of being placed on a “brief hold” when calling the card issuer into taking the time, creditworthiness, and sanity away from even the most sophisticated consumer. Fortunately,…
Hands-On Tools for TILA Closed End Credit Cases
Consumer lawyers routinely review loans, including auto loans, payday loans, tax loans, and pawn loans. All of this paper is an opportunity: experience teaches that many loans violate the Truth in Lending Act (TILA). TILA claims can take many forms and serve many purposes, from creating powerful counterclaims in individual debt collection cases, to forming…
Litigating NCSLT Cases after the CFPB Consent Order
National Collegiate Student Loan Trust (NCSLT) cases continue despite the Consumer Financial Protection Bureau (CFPB) getting involved by issuing a consent order barring NCSLT and their collection company, Transworld Systems Inc, from suing on unverified debts. Defending consumers in these cases can be both frustrating and rewarding. Often, consumers are sued for tens of thousands…
Tax Implications of Attorney Fees in Consumer Cases
The recently passed federal tax law may have significant consequences for all consumer lawyers and their clients. All legal aid and private consumer lawyers need to understand the potential impact of this new tax law. What You Will Learn Why and how attorney fees in consumer cases are being treated as income for your clients…
Tax Initiative Professional Development Package
Webinars Tax Implications of Attorneys' Fees in Consumer Cases 1099s and Attorneys' Fees Trees and Fruit: How Fee Agreements May Change the Taxation of Attorneys' Fees NACA Tax Initiative NACA Tax Update 2019 Why These Videos Are Helpful Under our current understanding of tax law, attorneys' fees may be taxable income for your clients. Understanding…
Reg X Claims: The Unqualified Written Request
The Real Estate Settlement Procedures Act (RESPA), as implemented through Regulation X, applies to all federally related mortgage loans with few exceptions. RESPA requires specific disclosures and procedures in connection with the application, settlement, and servicing of one to four dwelling secured consumer loans. In this webinar, Max Gardner will review how to effectively use Reg…
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