Consumer Law

The only treatise to detail consumer defenses to debt buyer and creditor collection lawsuits on credit card, medical, criminal justice, and other consumer debts.

How to Defend a Collection Lawsuit
Steps debt buyers need to prove debt ownership
When collectors cannot use the state’s courtst
Common errors the creditor’s complaint, attachments
Surprising use of statute of limitations defense
Abusive use of requests for admissions
Limits on creditor attorney fees and interest charges
The consumer’s counterclaims and class counterclaims
Special Tactics for Special Types of Collections
Medical debt: financial assistance; surprise out-of-network charges; limits on credit reporting, refusal of medical care
Defending debt owed to the government
Minimizing criminal justice debt, harsh consequences of non-payment
Stopping unfair collection on dishonored checks
Steps to Take After Judgment for the Collector or Consumer
How to set aside a default judgment
Federal rule protecting Social Security, SSI in bank accounts
Avoiding wage garnishment, bank account freezes, seizure of homes and cars
Stopping unfair collection on dishonored checks
Debtor examinations and imprisonment for debt
Seven ways for consumers to obtain their attorney fees
Cleaning up the consumer’s credit report after the consumer prevails

A how-to manual for handling every aspect of a class action, even for small law offices, written by experienced consumer class action litigators.

First Considerations
Case selection
Class definition
Jurisdiction
Protecting the rights of the planned class
And What to do Next
Class discovery
The named plaintiff's deposition
Defendant's delaying tactics
The class motions and briefs
Settlement terms and objections to settlement
Appeals
Attorneys' fees
Keep Up with the Latest Law Changes
Standing law since Spokeo
FRCP discovery amendments
State-by-state analysis of state class action developments

In almost every area of consumer litigation today, the first question is whether the case can be forced into binding arbitration. This treatise now in its eighth edition is the definitive treatment on the subject, written by some of today’s most active consumer attorneys in the field.

Experts Explain the Latest on How to Defeat Arbitration Requirements
Federal limits on arbitration enforceability for mortgages, manufactured homes, credit to active duty military, students attending schools, claims in bankruptcy, and even written warranties.
New wave of cases finding arbitration agreements not validly consummated
Either initial participation in litigation or failure to pay for arbitration as waiver of arbitration requirement
Consumers, defendants and claims not subject to an arbitration agreement
Continued viability of unconscionability challenges and where arbitration prevents effective vindication of federal claims
When state law limits on arbitration in insurance and other transactions survive FAA preemption
Experts Explain How to Succeed in an Arbitration Proceeding
Tips on winning in arbitration proceedings from a successful consumer arbitration practitioner
Arbitrator selection, preliminary hearings, discovery, trials, briefing, and punitive damages
Construing arbitration clauses as allowing class-wide arbitration and class arbitration procedures
Review of arbitration awards, including punitive damage awards