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.
Spotting and Investigating the Legal Issue
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.
Part 3 will cover the overlap of FCRA and the additional complexity of Chapter 13 bankruptcy. Mr. Krumbein will be discussing slightly more of the process of Chapter 13 and then go into the substantive law including the Bk D. Wisc. Case on correct credit reporting while in bankruptcy, and the VERY bad cases on credit reporting as a discharge violation- Helmes (Bk EDVA) and Mahoney (BK, WDTX). He will also briefly discuss the good case- Torres (Bk, SDNY). This is more about technical accuracy and less about the litigation and law.
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 law on individual and class action mootness is changing rapidly. New Supreme Court and Ninth Circuit cases undermine established precedent on the effect of offers of settlement and give you new arguments to avoid dismissal for mootness. This webinar will review these developments. Among the topics covered:
We will identify issues in Auto Fraud Litigation. The following subjects will be covered:
Even if you know the basics of calculating monthly payments on ordinary car loans, this webinar is designed to start with the basics, and then look at some of the “tweeks” that dealers use in structuring a deal that can impact true cost of borrowing to a consumer.Learn how to handle irregular payments structures such as bi-weekly/semi-monthly payments, and how to identify the impact these have on the actual APR of a loan, such as deferred down payments/pick-up payments, deferred first payments/balloon payments, using APRWIN (free software from the Office of the Comptroller of th
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.
The sharp and outright fraudulent business practices of many auto dealerships are well known and are the subject of much consumer litigation. And, as vehicle financing has grown, particularly for sub-prime auto loans, questions of finance company or “holder” liability have become central to auto fraud litigation.