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Schools' Use of Mandatory Arbitration Now Sharply Curtailed; Loan Discharge Rights Expanded

A court has ordered that long-delayed Dep’t of Ed. rules become effective October 16, 2018. This article explains how the rules now: prohibit schools from requiring mandatory arbitration or class waivers of certain student claims, even for preexisting agreements; increase the availability of closed school and false certification discharges; and improve the administrative process for students to raise school-related defenses on their loans.

Surviving Debt (2019) now available in print + digital formats

Surviving Debt (2019) (278 pp.) is a new edition of NCLC’s most popular book, which provides accessible, practical, and hard-hitting advice for consumers and for those helping consumers. It covers credit card, medical, and student loan debts, debt harassment, credit reporting, mortgage modifications, car repossessions, evictions, utilities, bankruptcy, and much more. Read the first chapter for free, browse the table of contents, and learn more here.

7 Ways to Recover Attorney Fees When Debtors Prevail in a Collection Lawsuit

A recent appellate court ruling highlights the availability of attorney fees for the consumer when a creditor or debt buyer fails to prevail in a credit card or other collection action. This article sets out seven ways in which consumers can recover such attorney fees if the creditor fails in its collection lawsuit.

Ninth Circuit Limits National Banks’ Free Pass to Flout State Law

An important recent Ninth Circuit ruling rejects a federal regulation as to when a national bank can ignore state law. This article explains how the decision underscores that federal regulators and some courts have been overly expansive in protecting banks from liability for violating state consumer protection laws.

The Latest on Metro 2: A Key Determinant As to What Goes Into Consumer Reports

Billions of pieces of information that creditors, debt collectors, and other “furnishers” of information send to credit reporting agencies are in a standard format called Metro 2. This article links to updated and expanded information on creditors’ liability when they report consumer data in a non-conforming manner that leads to inaccurate consumer reports.

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