Strategy: Structuring and Plotting the Case

"As Is" Ain't No Absolution

“As is” disclaimers are found in all used car contract. Defeating "as is" disclaimers is not impossible you just need to know how. Expand and improve your practice by learning how to defeat “as is” disclaimers.

What You Will Learn

Attendees will learn about the latest theories and case laws available to consumer advocates who are faced with an "as is" disclaimer in a used car transaction when no other theories of liability are available. The webinar will explore how to combat the following premises:

FCRA FDCPA and Bankruptcy Part One

The first webinar will cover the overlap of FDCPA and Bankruptcy- both Chapter 7 and Chapter 13. Mr. Krumbein will be discussing a LITTLE bit about how each bankruptcy works, so some familiarity with bankruptcy is helpful. He will be focusing primarily on the substantive law of FDCPA and how it interacts with bankruptcy- some of this is doing well while doing good material ie: your client can get a free bankruptcy and you get paid for getting the money and the bankruptcy.

Debt Defense with Peter Holland

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.

Debt Defense 101 Trial Preparation

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.

A Beginner’s Guide to FDCPA Cases

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.

The Verdict Against Equifax for FCRA Violations

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.

FCRA, FDCPA and Bankruptcy Part 3

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.

Arbitration 101

The webinar will discuss the practice skills necessary for the effective representation of consumers in arbitration. With the pervasiveness of arbitration provisions in consumer transactions, advocates need to become familiar with the practice and procedures of the arbitration forum. The speaker will review the potential benefits and significant limitations of consumer arbitration claims.

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