According to the Consumer Financial Protection Bureau, “Tens of millions of consumers use financial products or services like credit cards and student loans that include pre-dispute arbitration clauses in their agreements.” This means that as consumer rights litigators, we often find that our clients are prevented from having their day in court due to the existence of a binding arbitration clause. Countless webinars and seminars focus on tips for avoiding or challenging arbitration agreements.
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.
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.
This webinar will discuss how to defend a consumer debt collection case at trial. It will first very briefly review the information, documents, and testimony you should optimally obtain in discovery for a typical collection defense case. It will then give an introductory-level overview of motions in limine, trial supoenas, evidence format and presentation, stipulations, opening statement and closing argument, cross examination of the plaintiff’s witnesses, and directed verdict motions/renewed motions.
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.
Justin Baxter will discuss litigation strategies, trial practice, and themes that resulted in an $18.5 million jury verdict against Equifax for violations of the Fair Credit Reporting Act. Beginning in 2009, Equifax merged Julie Miller's credit file with that of another person with a different Social Security number, birthdate and address. Ms. Miller disputed the account repeatedly, but Equifax failed to perform any reinvestigations. The case was tried in federal district court in Oregon in July of 2013.
It has long been recognized that residential tenants are consumers. Consumer protection laws and landlord/tenant laws ovelap in many ways.One growing area where consumer rights and tenants’ rights intersect involves the FCRA. Tenants are an excellent source of cases for FCRA lawyers in a variety of settings. For example, the 9th Cir. decision in Dennis v.
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.
We will identify issues in Auto Fraud Litigation. The following subjects will be 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.