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.
Conducting Negotiations and Settlement
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:
In this 60 minute webinar, Peter covers background, insights and litigation tips for debt defense cases. Topics include: overview of debt buyer industry; Forward Flow Agreements and bank liability; current regulatory response; debt buyer default judgment business model; client intake; screening for affirmative claims; trial preparation; trial tips; essential settlement terms; and significant case law developments. A few sample pleadings will be provided. A portion of the session will be reserved for live Q and A.
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.
Part 3 will cover the overlap of FCRA and the additional complexity of Chapter 13 bankruptcy. Mr. Krumbein will be discussing slightly more of the process of Chapter 13 and then go into the substantive law including the Bk D. Wisc. Case on correct credit reporting while in bankruptcy, and the VERY bad cases on credit reporting as a discharge violation- Helmes (Bk EDVA) and Mahoney (BK, WDTX). He will also briefly discuss the good case- Torres (Bk, SDNY). This is more about technical accuracy and less about the litigation and law.
The webinar will discuss the practice skills necessary for the effective representation of consumers in arbitration. With the pervasiveness of arbitration provisions in consumer transactions, advocates need to become familiar with the practice and procedures of the arbitration forum. The speaker will review the potential benefits and significant limitations of consumer arbitration claims.
The law on individual and class action mootness is changing rapidly. New Supreme Court and Ninth Circuit cases undermine established precedent on the effect of offers of settlement and give you new arguments to avoid dismissal for mootness. This webinar will review these developments. Among the topics covered:
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.
The sharp and outright fraudulent business practices of many auto dealerships are well known and are the subject of much consumer litigation. And, as vehicle financing has grown, particularly for sub-prime auto loans, questions of finance company or “holder” liability have become central to auto fraud litigation.
This webinar will cover the following topics that always come up in an auto fraud practice: