The TCPA is a hot bed of litigation and the time to file is yesterday. Anybody who is litigating or considering litigating TCPA cases could benefit from finding out how to make defendants pay top dollar on their cases.
Strategy: Structuring and Plotting the Case
FDCPA and collection defense practitioners regularly see collection letters, complaints, judgments, and post-judgment execution attempts that seek collection on purported interest. In many instances, these charges are unlawful and can provide the basis for successful FDCPA claims. This webinar will explore how to respond to various types of interest-related violations and relevant case law and how to vet claims and avoid common pitfalls.
There is $1.3 trillion in outstanding student loan debt. Many of these students turn to bankruptcy lawyers as their best hope for relief. Student loan analysis is vital to a successful bankruptcy practice. This webinar is geared to bankruptcy practitioners and those interested in student loan law.
This webinar will focus on time-barred debts and the impact of the Midland Funding v. Johnson ruling. The Supreme Court’s May 2017 decision in Midland Funding v. Johnson, 2017 WL 2039159 (U.S. May 15, 2017) put to rest questions about claims under the FDCPA for creditors’ pursuit of time-barred debt in both the bankruptcy and civil arenas.
This webinar will give bankruptcy and consumer lawyers an overview of this important decision and of what types of time-barred debt claims will have the best chance of success moving forward.
More than one-third of the $11.7 billion debt collection industry revenue comes from debt buyers who buy third-party debt for just a few cents on the dollars. The 9–0 Supreme Court’s Henson v. Santander Consumer USA Inc. 2017 WL 2507342 decision now exempts banks that buy third party debt from the Fair Debt Collection Practices Act (FDCPA).
More than two-thirds of litigants in civil debt collection cases in the U.S. go through the court process unrepresented. As a result, many unrepresented consumers do not know how to defend themselves and often receive judgments for debts that have viable defenses or counter-claims. The key to addressing this problem is collaboration between pro bono providers, the judiciary, and private consumer attorneys.
Now that HAMP has expired, it is more important than ever to utilize the provisions of Regulation X to ensure that servicers provide your clients with timely, thorough evaluations for all loss mitigation options. Regulation X has important protections in place for your clients in seeking options to save their homes. These actively litigated protections provide specific details and requirements a borrower must follow to eventually be entitled to relief if a servicer fails to comply.
In recent years, litigation brought by the National Collegiate Student Loan Trusts (NCSLT) has become an epidemic. Defending these cases can be fun and rewarding. Often, consumers are faced with a lawsuit for tens of thousands of dollars on a loan they barely remember, from a trust they have never heard from. The deficiencies in the collectors’ proof have been well documented.
The FDCPA has come under an onslaught of resistance. Besides many companies cleaning up their collection calls, Spokeo and other creative defenses have hampered the effectiveness of consumer lawyers assisting debtor-clients. One statute that is often overlooked as a means for providing some protections to consumers is the Electronic Funds Transfers Act (EFTA).
Although recent law changes have made reverse mortgages less potentially catastrophic for seniors, these financial products remain problematic. Older adults will continue to struggle to keep their homes, especially as the baby boomer population ages. As long as reverse mortgages exist, attorneys will be needed to fight abusive practices. This webinar is geared to attorneys with an intermediate knowledge of foreclosures who are seeking to understand how to handle reverse mortgage cases.