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.
Strategy: Structuring and Plotting the Case
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
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.
According to the Consumer Financial Protection Bureau, “Tens of millions of consumers use financial products or services like credit cards and student loans that include pre-dispute arbitration clauses in their agreements.” This means that as consumer rights litigators, we often find that our clients are prevented from having their day in court due to the existence of a binding arbitration clause. Countless webinars and seminars focus on tips for avoiding or challenging arbitration agreements.
Judicial Estoppel is being raised more and more frequently as a defense against FDCPA and other consumer rights claims, as well as in personal injury cases where a plaintiff did not list such action in a bankruptcy filing. In addition to covering the latest case developments that help protect against this defense and rectify errors, this webinar will highlights practical tips such as convincing bankruptcy trustees who are the owners of your client’s causes of action to retain you to continue to pursue the lawsuit.
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.
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.