Predatory lenders use rent-a-bank schemes to avoid the consumer’s home state usury limits by piggybacking onto federal rate exportation rights available only to banks. This article explains how banks and others participating in a rent-a-bank scheme could be in for a big surprise. They may not be immune from the consumer’s home state regulation of matters other than the actual interest rate, leading to powerful consumer remedies.

This article provides practical steps to respond to an Eleventh Circuit ruling prohibiting extra recoveries for class representatives—a ruling that can cause havoc with prosecution of consumer class actions. The article also explains how to use the Supreme Court’s Ramirez case to breathe new life into state court class actions and highlights available practice tools from today’s most successful consumer class action practitioners.

This article summarizes all 2022 FDCPA published circuit court of appeals decisions. Of special note are seven decisions on constitutional standing. Other topics include the unsophisticated consumer standard, attorney fees, the bona fide error defense, FDCPA intersection with TILA, FDCPA scope, third-party communications, FDCPA claims based on state law, and sanctions.

New federal Guidance should make it far easier to obtain a bankruptcy discharge of student loans. Completing a simple Attestation Form may lead to an agreement to settle the debtor’s undue hardship discharge proceeding. This article explains the new Guidance’s significance, scope, and limits, and then sets out in 10 steps the process to complete the Attestation Form and seek a discharge of student loans.