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.
Combating Common Defense Themes
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.
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In Obduskey v. McCarthy & Holthus LLP (139 S. Ct. 1029 (2019)), the Supreme Court addressed the scope of the FDCPA’s application to non-judicial foreclosures. The court held that under certain conditions, the full range of FDCPA prohibitions do not apply to collection attorneys when they implement the steps required to conduct a non-judicial foreclosure.
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 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.
Interacting with the web of private student loan debt holders and debt collectors continues to be a developing part of practice for consumer attorneys. To litigate this area of law, one needs to keep up to date with the latest news in defending claims by the National Collegiate Student Loan Trust (NCSLT), Transworld Systems, and AES.
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.
- FCRA Claims against Resellers
- FCRA Deposition Tactics and Strategies
- Intersection between FCRA, Chapter 7, Mortgages, and Loan Modification
- FCRA Class Action Litigation: Overview and Recent Developments
- Don’t Make this Mistake—Accuracy: Avoiding the Landmine in FCRA Cases
Why These Videos Are Helpful
Do you want to take on more complex FCRA claims, including class action claims? Do you want to learn what types of FCRA claims are appropriate for class actions?