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.
This webinar will focus more on the WHY and only a little on the HOW of basic discovery. After working in varied fields of litigation and in different communities, I came to realize that there is no one right way to approach discovery; however, using the exact same practice and procedure for each case may be the wrong way.The goal is to push attendees to look at their discovery practices with fresh eyes, and to encourage experimenting.
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.
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.
Consumer reporting agencies and furnishers often serve “shock and awe” discovery. Proper case evaluation, especially in multi-party litigation, is essential to mapping your discovery plan.You will learn the factors to consider when preparing your discovery strategy and the areas of inquiry for each of the Big 3 CRAs and various creditors.This webinar will cover FCRA case evaluation and discovery, including: interrogatories; request for production of documents; and requests for admission.
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.
Getting a defendant’s attention to the claim or claims which will be pursued through trial in a case requires careful preparation and strategy. Too often, plaintiffs’ lawyers do not seek to communicate directly or effectively with the defendant or its counsel about its true potential liability and the amount of damages that a jury could award.
FCRA litigator Leonard Bennett provides a detailed walk through of the e-Oscar dispute system created by the national credit reporting agencies to electronically communicate, process and profit from consumer credit reporting disputes. Topics include the origin and current operation of e-Oscar by CRA-owned OLDE, LLC, its business relationship with creditors and other FCRA furnishers, the practical appearance and use of e-Oscar, available documents and discovery from and through e-Oscar and related sources, and reading the documents and information obtained.
This webinar will cover the following topics that always come up in an auto fraud practice:
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.