In recent years, litigation brought by the National Collegiate Student Loan Trusts (NCSLT) has become an epidemic. Defending these cases can be fun and rewarding. Often, consumers are faced with a lawsuit for tens of thousands of dollars on a loan they barely remember, from a trust they have never heard from. The deficiencies in the collectors’ proof have been well documented.
The FDCPA has come under an onslaught of resistance. Besides many companies cleaning up their collection calls, Spokeo and other creative defenses have hampered the effectiveness of consumer lawyers assisting debtor-clients. One statute that is often overlooked as a means for providing some protections to consumers is the Electronic Funds Transfers Act (EFTA).
Discovery in FCRA litigation is complex and compounded by defense counsel that feign ignorance and systematically work to maintain a veil of secrecy over their clients’ credit reporting activities. This seminar is intended to lift that veil by discussing common defense tactics aimed at frustrating your ability to conduct discovery as well as providing an overview of evidence essential to building your case.
What You Will Learn
• How to identify the evidence you need to win your case.
Have you ever had a client who was taken for a ride and lost significant money when buying a new or used car? In this webinar, staff from the Federal Trade Commission (FTC) will discuss some of the current consumer protection issues around one of the most expensive consumer purchases. Presenters will describe various deceptive and unfair acts and practices consumers may face when reviewing auto advertising, considering after-market or add-on products such as extended warranties or service contracts, and financing their vehicles.
Lawsuits brought by a National Collegiate Student Loan Trusts (NCSLT) have proliferated in the last three years. Consumer attorneys can raise multiple defenses to these lawsuits. This webinar will cover what these defenses are and how to plead them, while also discussing some of the litigation strategies that have been used to have the cases dismissed.
Evidence handling is crucial to efficiently and effectively winning your FDCPA/TCPA cases. You can win these cases if you approach evidence gathering and preservation early—long before a case is ever filed—and then leverage it to overwhelm a short-sighted defendant. Every practitioner interested in improving his/her evidence-handling strategies ought to attend this important webinar.
Successfully prosecuting a TCPA action involves more than simply alleging that the defendant placed an unwanted call to your client’s cell phone using an auto dialer. It begins with effective identification of your target client base. Are you marketing your services efficiently, i.e., reaching the right client? Next, are you effectively vetting potential clients and claims? Does your pre-suit investigation reveal that you have a winnable case against a solvent defendant? Careful attention to every detail is especially important in today’s uncertain legal environment.
If you are interested in improving your pre-trial investigation and trial skills who better to learn from than Lance Cooper, a master practitioner, who uncovered one of the largest automotive defect scandal in history. By the conclusion of the webinar, you will be able to make your cases stronger by deploying some of the tactics and strategies Mr. Cooper used, such as analyzing discovery, exploring key documents and videos of crucial depositions, making the best use of case turning points, and bringing in expert witnesses to strengthen the case.
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.
In an era of tightened credit markets, more consumers are falling prey to scams promising improved credit. Millions of dollars are lost annually by consumers trying to achieve a higher credit rating. The Credit Repair Organizations Act (CROA) governs the conduct of those (including lawyers) that provide certain services— including mere promises of such services. With its fee-shifting provisions, CROA can successfully be used by consumer advocates to pursue fraudulent claims.