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.
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 providers, the judiciary, and private consumer attorneys.
Nothing attracts a juror’s attention or ignites our passions like a good story. As consumer rights lawyers, our clients bring us amazing stories of dishonesty, deception, and injustice. It is our job to ensure that our clients’ stories are told in the most compelling and powerful manner possible. Learn the techniques and secrets of the storytelling craft and how their application can bring larger recoveries to our clients and more business and income to our practices.
The 2016 elections and the new Presidential Administration will bring significant changes to consumer protection and consumer protection advocacy. During the campaign, President-Elect Trump spoke, among other things, about economic populism and addressing the needs of millions who may feel ignored by government. Yet recent moves by the Administration since the elections indicate that corporate and industry influences may lead to harmful changes in our laws that weaken consumer protection and civil liberties, including civil and economic justice for American consumers.
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 variety of potentially lucrative counterclaims for a consumer defendant.
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 collectors, according to the Federal Reserve Bank of New York. Furthermore, recent studies show that Legal Aid offices often turn away nearly 50 percent of all individuals seeking legal remedies.
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 founding and senior partner in his firm will include:
As the saying goes, your case is only as good as your client. And success in any FDCPA case starts with a great client intake. Asking all the right questions, at the right time, will make all the difference in the success of your FDCPA case. The right intake will also determine how much money you'll put in your pocket at the end of day. Don't shortcut the critical intake process and create nightmares down the road. Rather, learn the right way to do an intake to get great results and happy clients.
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.
Scott R. Kaufman has been licensed by the CA Bar since November of 1997, representing individuals in their disputes with businesses since 2003. He’s worked on well over 1,000 cases and achieved a positive outcome for the client in virtually all of them. Mr. Kaufman is a former member of the Southern California advanced litigation chapter of the “Inn of Court.” Pursuant to that membership he’s organized and taught multiple California certified Mandatory Continuing Legal Education classes.