Practice Checklists

Arbitration Practice Checklist and Cheat Sheet

Grounds to Challenge the Enforceability of an Arbitration Requirement

• Federal Limits to the Enforceability of an Arbitration Requirement

• State Law Limits on the Enforceability of an Arbitration Requirement

• Has the Arbitration Agreement Been Validly Formed?

• Is the Agreement Applicable to the Dispute and to Both Parties?

• Has the Right to Compel Arbitration Been Waived?

• Does the Arbitration Provision Prevent Vindication of Federal Statutory Rights?

• Unconscionability Preventing Enforcement of Arbitration Agreement

• When Arbitration Provider Unavailable

• Class Certification and Arbitration Requirements

The Process to Challenge an Arbitration Requirement

• Who Decides—Court or Arbitrator?

• Jurisdiction and Venue for Actions to Compel Arbitration

• Right to Discovery and Jury Trial Regarding  Enforceability of Arbitration Agreements

• Appeals of Court Decisions As to the Enforceability of Arbitration Requirements

Utilizing Individual, Class, or Mass Arbitration

• Consumer or Worker Individual Arbitration

• Business Initiation of the Arbitration Process

• Classwide Arbitration

• Mass Arbitration

• Judicial Review of Arbitration Awards

Creation of Express and Implied Warranties

✅ General

✅ Express Warranties

✅ Implied Warranty of Merchantability

✅ Implied Warranty of Fitness for a Particular Purpose

✅ Statutory Warranties

✅ Extended Warranties, Service Contracts, and Mechanical Breakdown Insurance

Restrictions on Enforcement of Consumer Warranties

✅ Warranty Disclaimers and “As Is” Sales

✅ Privity of Contract

✅ Contractual Limitations on Buyer’s Remedies

✅ Notice of Breach

✅ Proving Breach of Warranty

✅ Revocation of Acceptance and Other Self-Help Remedies

✅ Money Damages and Lemon Law Remedies

Checklist for Handling Student Loan Issues

✅ First Steps

✅ Collecting Information About a Borrower’s Federal Loans

✅ Collecting Information About a Borrower’s Private or State Loans

✅ Assessing Loan Cancellation, Forgiveness, and Discharge Options

✅ Evaluating a Borrower’s Repayment Options

✅ Getting a Borrower’s Loans Out of Default

✅ Challenging and Seeking Relief from Collection Activities

Consumer Credit Litigation Checklist

✅ Analyzing a Credit Transaction

✅ Payday Loans

✅ Installment Loans

✅ Auto Title Loans

✅ Credit Cards

✅ Motor Vehicle and Other Installment Sales

✅ Manufactured Home Loans

✅ Auto Leases

✅ Rent to Own and Leases

✅ Sale of Future Payment Streams

✅ Tax Time Financial Products

✅ Mortgage Loans

✅ Home Equity Loans

✅ Reverse Mortgages

✅ Land Installment Contracts

✅ Student Loans

Analyzing a Foreclosure Case

     First Steps

✅ Overview

✅ Identify the Type of Foreclosure

✅ Determine Time Constraints

✅ Understanding the Homeowner’s Objectives

✅ Gather and Review Loan Documents

✅ Identify the Critical Parties

✅ Follow the Money

✅ Analyze for Servicing Claims

✅ Analyze the Loan for Origination Claims

✅ Analyze the Foreclosure for Procedural Defenses

✅ Negotiating a Workout or Modification

✅ Should the Homeowner File for Bankruptcy to Protect the Home?

✅ Manufactured Home Foreclosures

✅ Real Estate Installment Sales

✅ Reverse Mortgage Foreclosures

✅ Is the Foreclosure Pursuant to a Property Tax Lien?

✅ Is It Possible to Set Aside the Foreclosure Sale?

✅ Is the Consumer Liable for a Deficiency After the Sale?

Payment Systems in a Nutshell

✅ Introduction

✅ Transfers Directly Out of the Consumer’s Bank or Prepaid Account

✅ How a Payment to or from a Bank Account Works

✅ Other Payments by or to Consumers