Combating Common Defense Themes

Student Loans

Webinars

•    Managing Federal Student Loans in Changing Times
•    How and When to Discharge Private Student Loans in Bankruptcy
•    How to become a successful Student Loan Lawyer
•    Presenting Winning Defenses in Private Student Loan Collections Actions

Accounts Stated and Credit Card Debt

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.

Preparing to Beat the Credit Reporting Agencies in Summary Judgment in Federal Court

The credit reporting agencies (CRAs) are large, powerful, and loaded with money to pay lawyers to beat you. Summary Judgment is their most powerful tool. They seek not only to defeat your case, but to obtain favorable opinions that they can use for every case moving forward. Larry Smith and SmithMarco, P.C. have battled and defeated the CRAs for fifteen years. Learn how to prepare your cases for their inevitable attacks.

Preparing to Beat a Furnisher Summary Judgment Motion in Federal Court

Furnishers will almost always file summary judgment motions against you if your last demand asks for anything beyond walk-away money.  Smart lawyers prepare for the inevitable summary judgment motion weeks and months before the motion hits their desk.  Bob Brennan has defeated countless furnisher summary judgment motions in his twenty-odd years of doing FCRA work and hopes to share some pertinent tips in this webinar.

Understanding Rent-to-Own Transactions and Litigation Strategies

Since the collapse of the mortgage lending market in 2008, many would-be homebuyers have found themselves locked out of the traditional lending market. What is old is new again: “rent-to-own” transactions have emerged to fill this gap. These transactions are being advertised on the internet and in local communities as the affordable alternative to buying a home. They go by many names: rent to own, lease purchase, contract for deed, and lease with option to purchase, to name a few.

State Retail Installment Sales Act and Truth in Lending Act Claims in Vehicle Purchases

State retail installment sales laws are useful tools for litigating auto cases that are at times overlooked. Those statutes and the Truth in Lending Act (TILA) can provide important remedies to victims of dealer wrongdoing. By attending, you will gain insight on the overlap between federal laws, such as TILA and state retail installment sales laws, and the provisions of the state laws that place additional requirements upon retail installment sellers beyond TILA.

Don’t Make this Mistake—Accuracy: Avoiding the Landmine in FCRA Cases

Credit Reporting Agencies (CRAs) and furnishers rely on three main defenses in FCRA cases: accuracy, damages, and willfulness. Accuracy is the most dangerous defense. When CRAs or furnishers take the position that the reporting was accurate, there can be serious and costly consequences for a consumer’s claim and hopes of settlement.

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