Using the Truth in Lending Act to Challenge Predatory Auto Lending

(882 Ratings)

Produced on: February 08, 2017

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 61 minutes
Difficulty Intermediate

Fraud at auto dealerships is unfortunately routine in New York and around the country, with dealerships regularly engaging in a  wide variety of deceptive practices.  While many general practitioners are aware of state lemon laws and UCC provisions aimed at providing redress for consumers sold defective vehicles, tools available to help clients who have been treated unfairly with regard to auto financing are sometimes skipped over.

The Truth In Lending Act (TILA) is one such tool and can provide powerful remedies and other litigation advantages that state laws may not provide.

Learning Objectives: 

  1. Review relevant provisions of TILA and how they apply to common fact patterns
  2. Identify common pitfalls and best practices regarding structuring TILA claims
  3. Understand TILA’s limitations on assignee liability, and exceptions to these limitations 

Faculty

Daniel Schlanger

Kakalec & Schlanger, LLP

Daniel Schlanger is the managing partner at Kakalec & Schlanger, LLP, and heads its consumer practice. His practice focuses on class actions and other affirmative litigation, predominantly in Federal Court.

Dan joined Kakalec & Schlanger, LLP in 2007 after working as a staff attorney at Legal Aid Society of Cleveland, where he was a member of that organization’s consumer law unit, and helped to found a program focused on wage and hour litigation on behalf of low-income workers. Prior to that, Dan clerked for the Hon. R. Lanier Anderson, III on the United States Court of Appeals, 11th Circuit.

Dan received his law degree from Harvard Law School, cum laude, in 2004. He received his undergraduate degree from Carleton College, magna cum laude, in 1994.

Dan’s work as a lawyer is guided by his passion for assisting victims of lending fraud, collection abuse, and other types of marketplace injustice, such as hidden fees and dangerous or deficient products.

His notable results include:

Class Actions

Coble, et al. v. Cohen & Slamowitz, et al., 11-CV-01037 (S.D.N.Y.) (FDCPA class action regarding alleged filing of fraudulent affidavits in tens of thousands of state court collection cases). See, 824 F. Supp. 2d 568 (S.D.N.Y. Oct. 11, 2011) (denying defendants’ motion to dismiss).

In re Porsche Cars North America, Inc., Plastic Coolant Tubes Products Liability Litigation, 11-MD-2233 (N.D. Ohio) (multidistrict products liability class action) (member, executive committee). See, 880 F. Supp. 2d 801 (S.D. Ohio 2012); 2014 U.S. Dist. LEXIS 88693 (S.D. Ohio June 30, 2014), aff’dsummary order (6th Cir. 14-3421, 7/13/15);

Madden v. Midland Funding et al., 11-CV-814 (S.D.N.Y.) (class action). See, 2015 U.S. App. 8483, 786 F.3d 246 (2d Cir. 2015) (reversing district court’s denial of class certification and holding that National Bank Act Preemption of state usury laws did not extend to non-bank taking assignment of loans from a national bank), rehearing denied 8/15/2015;

Moy v. Eltman, Eltman & Cooper, P.C., 12-CV-02382 (E.D.N.Y.) (Approved FDCPA class action regarding allegedly false and misleading collection letters sent to judgment debtors.)

De La Paz v. Rubin & Rothman, LLC, et al., 11-CV-9625 (S.D.N.Y.) (Approved FDCPA class action against high volume debt collection law firm involving alleged mistatements regarding debt collectors’ standing to sue, and alleged failure to meaningfully review state court collection pleadings.)


Reviews

NS
Nadia S.

Interesting subject and presentation

AE
Arthur E.

Met expectations.

AT
Adam T.

Very useful and informative.

WR
West R.

Very useful information. The beginning of the video was disjointed and I was skeptical of the video's value but as the video progressed, so did the effectiveness of the presentation. Glad I stuck with it.

MG
MADELINE SHEILA G.

Yo-yo claims discussion very interesting especially for someone who does not deal with this on a regular basis.

MC
Mark C.

Informative

SG
Stanley G.

Very informative and very educational to the ordinary consumer

JS
James S.

thanks

CJ
Chris J.

very informative!

CF
Christopher F.

very informative

JD
Jeff D.

Very thorough presentation

DW
David W.

Great course

SK
Steven K.

Great info on an area I knew nothing about. A possible area of expansion for my practice.

RB
Richard B.

good lecturer

CS
Clay S.

Good.

RB
Ronald B.

Very good presentation

KM
Kris M.

Very informative

MA
michael a.

very informative

MC
Marie Celine C.

The presentation was VERY informative and helpful. It was practical and the presenter did an exceptional job of explaining a difficult subject.

LT
Lynne T.

Thank you!

JB
Julie A. B.

Good overview.

HR
Heartsill R.

Thanks,

PJ
Panky J.

Excellent

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