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.
Spotting and Investigating the Legal Issue
A recent Human Rights Watch report examined how debt buyer corporations are abusing the US court system and sidelining due process through the bundling of debt buyer lawsuits. Debt buyers file hundreds of thousands of lawsuits every year. Default judgment is often handed to the debt buyers without requiring them to provide credible evidence to support their claims and demonstrate that they actually served notice against the person being sued. Errors are commonplace with cases being brought against the wrong people, for the wrong amounts, and beyond the statute of limitations.
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.
Your clients may be falling victim to scams that target job-seekers and pose as opportunities for legitimate employment. These scams can cost consumers time and money, and can put their private information at risk. Knowing what these scams look like can help you identify them for your clients as you help them navigate to productive job searches.
The Telephone Consumer Protection Act (TCPA) is a growing area of consumer law. In 2014, nine key rulings against Capital One, Jiffy Lube, Bank of America, Sallie Mae, and others settled for more than $200 million dollars for claims such as autodialing wireless phones, using prerecorded voice messages without consent, and sending unsolicited text messages. Understanding the anticipated impact of the June 2015 FCC TCPA Rules and recent case law is essential for filing TCPA lawsuits.
To maintain a successful practice, consumer lawyers need to be able to identify local trends and be prepared to respond to the incredibly high volume of lawsuits being filed against consumers in state courts across the country. Consumer attorneys often overlook affirmative claims that can be raised when a consumer is sued in housing court or in foreclosure, in both judicial and non-judicial foreclosure states.
Many FDCPA claims can be brought as a class action. Rand Bragg will review the elements for class certification of FDCPA cases, defenses to certification asserted by debt collectors, class definition, and other issues surrounding the certification of FDCPA cases, class definition and ascertainability, settlement of FDCPA class actions, and other current issues regarding certification of FDCPA claims.
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:
As the saying goes, your case is only as good as your client. And success in any FDCPA case starts with a great client intake. Asking all the right questions, at the right time, will make all the difference in the success of your FDCPA case. The right intake will also determine how much money you'll put in your pocket at the end of day. Don't shortcut the critical intake process and create nightmares down the road. Rather, learn the right way to do an intake to get great results and happy clients.
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.