Account Stated and Credit Card Debt

November 21, 2019, 2:00 p.m. ET–3:00 p.m. ET
Filed under: 
| Skill areas: 
Combating Common Defense Themes

Private Members: $50
Legal Aid, Military, and Public Interest Members: $30
Nonmembers: $90 (Nonmembers must be verified to purchase the webinar. Please email training@consumeradvocates.org to start the verification process.)

Debt collectors often run into evidentiary problems with proving applicable contracts for breach of contract claims arising from credit card debts. In 2014, the Consumer Financial Protection Bureau (CFPB) ordered Midland et. al and PRA to stop filing breach of contract claims unless they had proof of the cardholder agreement at the time of filing the collection action. It would appear that in order to avoid those problems, debt collectors turned to the claim of account stated. This arguably raises more problems for debt collectors than it solves because the defending consumers will almost certainly lose at the trial level, but they might prevail on appeal. 

The accounts stated theory is surprisingly complicated for such a simple claim. This webinar is geared to practitioners who are willing to dig deep on these issues and not for those who want cookie cutter defenses.

What You Will Learn

  • How debt collectors use the accounts stated argument in court
  • What the components are of the account stated theory

Speaker

Bret Knewtson is a sole practitioner in Oregon specializing in Bankruptcy Litigation, Bankruptcy Chapter 7, Bankruptcy Chapter 13, Personal Bankruptcy, Small Business Bankruptcy, Consumer Bankruptcy, Substantive Debt Defense (not settlement negotiation), Debtor Bankruptcy, Debtors Rights, FDCPA, Creditor Harassment, and HOA Collection Defense. Bret has been a member of the Oregon State Bar since 2003. He received his Juris Doctorate from the Northwestern School of Law of Lewis & Clark College. Bret was the treasurer of the Washington County Bar Association in 2009–2010, the chair of the Oregon chapter of National Association of Consumer Lawyers from 2008n2010, and the chair of the Oregon State Bar Consumer Law Section in 2009.

CLE Credit

Are you interested in receiving CLE credit for this webinar? NACA does not seek CLE approval for each webinar in each individual state.  Individual attorneys can generally apply for, and receive CLE credit, in their respective states. Please note that NACA is now a State Bar of California MCLE Provider and this webinar is considered pre-approved for CLE credits for lawyers practicing in California. NACA will provide, upon request, certificates of attendance to be used in state bar applications and for records required by California attorneys. Email training@consumeradvocates.org to request a certificate of attendance. 

Refund Policy

Please note that there are no refunds for webinars since participants can view the presentation after it has taken place. If your registration was submitted less than two hours prior to the event, it is not guaranteed that you will receive access to participate in the live presentation. However, you will receive access to the recorded webinar in the coming days.

Why You Should Register Even If You Can’t Attend the Live Webinar

For each webinar you register for, regardless of whether you attend live, you will automatically receive an email inviting you to view a recording of the webinar and also containing attachments of the Power Point presentation and any other supplemental materials within two business days of the live webinar. This way, if you have a time conflict, you will be able to listen to the webinar and study the course materials at your convenience. If you have any questions, please email training@consumeradvocates.org.