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.
Spotting and Investigating the Legal Issue
Recent decisions are challenging the old rap that there’s little room for consumer advocates to press RICO claims. If the facts are right, it can be the perfect tool to target companies that knowingly support and enable wrongful behavior. We will walk you through the elements of a Civil RICO claim and provide practical examples of when it is—and is not—the proper claim to assert.
On May 5, the CFPB released a proposed rule to bar the use of forced arbitration clauses that prohibit customers from participating in class actions. Because it is not proposing to eliminate forced arbitration clauses outright, the proposed rule also requires companies to report information to the Bureau on individual, non-class disputes forced into arbitration. The CFPB’s proposal will potentially restore remedies for millions of consumers. The CFPB is accepting comments for 90 days from its publication in the Federal Register. .
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.
Litigation based on food marketing practices is one of the fastest growing areas of the law. From consumer protection to antitrust, hundreds of cases related to food have been filed over the past decade. Indeed, in 2015 alone, over 100 class actions related to food law were filed in the United States.
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.
Deceptive food marketing has become one of the most fertile areas for litigation. Everyone needs to eat and processed foods marketers are continuously looking for new ways to distinguish their products from their competitors. Oftentimes, the buzzwords that manufacturers use on product labels and ads reflect the latest hype associated with the health benefits of particular ingredients or nutrients, e.g., kale, whole grain, and protein.
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.
Clients in bankruptcy or financial peril who need out of their car loan and a chance for a financial recovery? Friends or family having problems with cars or car dealers? Want tips on how to save thousands on car deals yourself? This presentation will provide the best methods to save thousands on car deals and will provide the fundamentals of California Consumer Law as applied to cars and car dealers. Although it will concentrate on California law, much will have general application to consumer law and car buying nationally.
The FTC recently introduced its newly improved and enhanced identitytheft.gov website. Attendees will learn how they can help clients who have been victims of identity theft use the new website to obtain personal recovery plans. In addition to demonstrating this new tool, the FTC will discuss tips for preventing and addressing identity theft, and the growing problem of tax identity theft.
Lisa Schifferle, Federal Trade Commission
Michael Waller, Federal Trade Commission