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Impact of Supreme Court’s “Major Question Doctrine” on Consumer Litigation

The Supreme Court’s June 30 decision in West Virginia v. EPA is significant in its application of the “major question doctrine” to agency rulemaking, and consumer lawyers can expect to see this doctrine raised as a defense in their cases. This article explains the doctrine, why it is inapplicable to almost all consumer litigation, and provides five tips to show that it is inapplicable.

Advising Clients When an Abusive Partner Coerces Debt

This article provides practical tips for advising clients with debt incurred by an abusive partner through coercion and fraud—developing a safety plan, documenting the coerced debt, protecting bank accounts, dealing with unauthorized credit card use, preventing the abuser from opening new accounts in the victimized partner’s name, addressing coerced debt on a credit report, and dealing with home mortgages.

CFPB Issues Three FCRA Interpretations with Widespread Implications

This article examines practice implications of three recent CFPB interpretations of the Fair Credit Reporting Act, including: tenant and background screening companies’ use of name-only matching violates the FCRA; users are strictly liable for permissible use violations; and state law can limit when medical debt, evictions, rental arrears, and criminal records can first be reported.

Just Published: Fair Credit Reporting, 2022 10th Edition

The 2022 10th edition of Fair Credit Reporting is now available in digital format on the NCLC Digital Library. Credit and consumer reporting is one of today’s most active areas of consumer litigation, involving individual and class cases against the Big Three credit bureaus, tenant screening agencies, background check companies, and furnishers and users of consumer reports. Credit and consumer report errors can cause significant injury to a consumer’s access to credit, employment, residential rentals, and insurance. Read Chapter One for free and subscribe here.

HUD Removes Significant Obstacle to FHA Mortgage Loan Modifications

This article explains that a June 29 HUD policy change eases the path for FHA borrowers to seek a loan modification even where a co-borrower cannot execute the modification because of death, divorce, separation, domestic violence, or other life events. Also covered are similar Fannie Mae and Freddie Mac policies, and borrower tactics when servicers require participation of unavailable co-borrowers.

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