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