21 Treatises with Pleadings, Practice Tips, and Analysis of 50 States' Law

Instantly Access Everything
on Consumer Law

Learn More

Data Gatherers Evading the FCRA May Find Themselves Still in Hot Water

2019 decisions from three circuit courts exempt data gatherers from the Fair Credit Reporting Act (FCRA). This article explains that these firms should be careful what they wish for, as FCRA preemption no longer applies and they become subject to potentially powerful state laws.

Sup. Ct. Sets Standard for Consumer Relief for Collection on Debt Discharged in Bankruptcy

On June 3, the Supreme Court set the standard for consumer recovery of damages, punitive damages, and attorney fees for collection of debts discharged in bankruptcy. This article also explains that judgments on discharged debts are void, describes the advantages of FDCPA remedies, and provides a comparison between remedies for automatic stay violations and discharge violations.

Getting Into Court by Initiating Arbitration

A May 2019 Eleventh Circuit decision provides an important illustration of how a consumer can end up in court (even in a class action) when the business does not comply with the arbitration provider’s rules. This article sets out practice tips on how a company’s failure to pay arbitration fees or meet other requirements can make the company’s arbitration agreement unenforceable.

Supreme Court: Class & Federal Claims Can Stay in State Court

A Supreme Court May 28 ruling supports the right of consumers sued in state court to avoid removal to federal court when they bring class or federal claims in that state court action, even against third parties. As examined in this article, the ruling gives consumers some control over the decision whether to litigate in state or federal court.

Supreme Court May 13 Ruling Underscores Advantages of False Claims Act Litigation

A recent Supreme Court decision in Cochise Consultancy is favorable for private litigation under the federal False Claims Act (FCA). This article explains how the decision also underscores that FCA litigation has a number of advantages to challenge consumer abuses compared with class actions under traditional consumer causes of action.

Welcome to the NCLC Digital Library

The complete text of all NCLC treatises is now available updated and online. This site now integrates everything you need: chapters, appendices, supplemental pleadings, primary sources, practice tools, search, a bookstore, and more. Subscribe to individual titles or the complete 21 treatise set.

Want Immediate Access?

Subscribe at the digital bookstore and you will have immediate access to the full searchable text of chapters, appendices, additional pleadings, and primary source material. Just log in (upper-right) with the username and password you create when purchasing at the bookstore. If you subscribed to a print and online subscription, we will send your print books right away.

If you already have a subscription you can log in immediately to gain instant access to your treatise(s). If you have an active subscription but don't have your username or password please call 617-542-9595, 9 a.m. to 5 p.m. EST or email us anytime.

Need Help?

Visit our Help/FAQ Page or Contact Us!

phone: 617-542-9595
email: publications@nclc.org