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.
Combating Common Defense Themes
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 cases. This introductory presentation is geared to consumer attorneys who have incorporated or are considering incorporating used auto claims into their 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 variety of potentially lucrative counterclaims for a consumer defendant.
John Roddy's practice is devoted to representing consumers in class actions challenging unfair and deceptive business practices, and serving as relators' counsel in qui tam "whistleblower" actions. For his successful representation of consumers victimized by predatory business practices, John has been recognized as a Massachusetts Super Lawyer. For the past fourteen years he has co-chaired the Practising Law Institute's Annual Institute on Consumer Financial Services Litigation, held in New York and Chicago.
Judicial Estoppel is being raised more and more frequently as a defense against FDCPA and other consumer rights claims, as well as in personal injury cases where a plaintiff did not list such action in a bankruptcy filing. In addition to covering the latest case developments that help protect against this defense and rectify errors, this webinar will highlights practical tips such as convincing bankruptcy trustees who are the owners of your client’s causes of action to retain you to continue to pursue the lawsuit.
Identity theft cases under the FCRA go well beyond the reporting and disputing process. Lawyers must dig into the actual theft and strategically conduct discovery to obtain all the good, the bad, and the ugly facts to prepare for trial. This webinar will discuss what discovery tools were used in the Kim v. BMWFS trial won by Robert Brennan and Stephanie Tatar. They will also discuss what discovery was purposely NOT conducted in order to obtain the best result at trial.
The Telephone Consumer Protection Act (TCPA) is a growing area of consumer law. In 2014, nine key rulings against Capital One, Jiffy Lube, Bank of America, Sallie Mae, and others settled for more than $200 million dollars for claims such as autodialing wireless phones, using prerecorded voice messages without consent, and sending unsolicited text messages. Understanding the anticipated impact of the June 2015 FCC TCPA Rules and recent case law is essential for filing TCPA lawsuits.
To maintain a successful practice, consumer lawyers need to be able to identify local trends and be prepared to respond to the incredibly high volume of lawsuits being filed against consumers in state courts across the country. Consumer attorneys often overlook affirmative claims that can be raised when a consumer is sued in housing court or in foreclosure, in both judicial and non-judicial foreclosure states.
“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 are faced with an "as is" disclaimer in a used car transaction when no other theories of liability are available. The webinar will explore how to combat the following premises:
Many FDCPA claims can be brought as a class action. Rand Bragg will review the elements for class certification of FDCPA cases, defenses to certification asserted by debt collectors, class definition, and other issues surrounding the certification of FDCPA cases, class definition and ascertainability, settlement of FDCPA class actions, and other current issues regarding certification of FDCPA claims.