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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.

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.

NCLC Releases 6th Edition of Automobile Fraud in Print and Digital Formats

Automobile Fraud (6th ed. Oct. 2018) (582 pp.) is available in print and digital formats, with the latest developments on investigating automobile fraud, title transfers, odometer fraud, undisclosed sale of wrecked and flood vehicles, lemon laundering, yo-yo sales, punitive damages, and more. Subscribers can access the digital edition now, and print subscribers receive their books in late October. The first chapter is available to all, free of charge.

Groundbreaking New Ninth Circuit TCPA Decision on Autodialers

The definition of an autodialer is key to providing effective TCPA remedies and to stopping the onslaught of unwanted calls to Americans’ cellphones. This article examines a new groundbreaking Ninth Circuit decision and other very recent case law defining auto dialer.

Fannie and Freddie Foreclosures Must Meet Constitutional Due Process Standards

As explained in this article, an August federal court decision finds that Fannie Mae and Freddie Mac are state actors, meaning their foreclosures must meet constitutional due process standards. This ruling thus has the potential to reshape most foreclosures in the majority of states that allow nonjudicial foreclosures.

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