This article helps practitioners advise clients whether they should file bankruptcy, with the top 7 reasons to file and not to file bankruptcy, the proper time to file bankruptcy, and the cost of filing. The article details 6 surprising bankruptcy facts that dispel client reluctance to file a chapter 7 bankruptcy and lists sources for finding a bankruptcy attorney and more bankruptcy resources.

This article provides 12 tips for homeowners working to recover from a natural disaster, with links to a free treatise chapter for more detail: applying for FEMA assistance and other grants; problems with insurance, home repair scams, and municipal codes; essential new options for disaster-related mortgage loan forbearance and loan modification; and key steps to prepare for the next disaster.

The article explains two big mistakes taxpayers too often make when unable to repay their taxes, and describes three alternative options the IRS offers that can eliminate IRS harsh collections and even reduce the amount owed. Also described are the “innocent spouse” relief, the impact of the taxpayer’s bankruptcy, and limits on IRS seizure of a taxpayer’s wages and Social Security and other public benefits.

This article lists 12 ways to recover for used car defects despite the dealer selling the car “as is.” Four ways provide strong consumer remedies even when an “as is” disclaimer is effective, and eight ways allow for warranty coverage despite the attempted warranty disclaimer. Also listed are shortcut ways to investigate for hidden vehicle defects and tips for used car defect litigation.

Already in 2024, the CFPB has issued 18 interpretations, rules, and enforcement actions that will aid private consumer litigation. This article explains these actions involving contracts for deed, mortgage and student loan servicing, credit reporting, new forms of credit, debt collection, auto financing, banking, remittances, credit cards, digital shopping, appraisals, unenforceable contract terms, and more.

The NCLC Digital Library contains a massive amount of free consumer law practice aids, in addition to the 21 NCLC treatises requiring a subscription. This article describes twelve available types of free resources, including free access to Surviving Debt, Federal Practice Manual for Legal Aid Attorneys, a student loan toolkit, eleven consumer law practice checklists, and 21 chapters and over 70 appendices from NCLC treatises.

Two just-decided Supreme Court rulings facilitate industry challenges to federal agency rules. This article examines the implications of these decisions for consumer attorneys bringing federal rule-based claims where defendants now argue the rule is invalid or inapplicable. The article recommends eight steps to respond to these Supreme Court decisions to preserve the consumer’s claims.

A June Supreme Court ruling disallows a scheme by individuals to use a corporate bankruptcy of their closely held business to evade individual liability for fraud, UDAP, and tort claims. This article explains the holding’s implications for consumer claims involving corporations in bankruptcy and lists 12 steps victimized consumers can take to preserve their rights when faced with a corporate bankruptcy filing.

A May 30 Supreme Court decision limits federal preemption of state laws affecting banks, with broad implications for consumer credit and banking litigation. This article explains the Supreme Court decision’s key takeaways and practice implications, and then lists state laws unlikely now to be preempted. The article also lists transactions where federal banking preemption never applies.

NCLC has just released a new Student Loan Toolkit, a free online resource, and an essential aid in advising student loan borrowers nationwide. It includes fillable forms to collect key information and point to next steps based on that data. This article describes the toolkit and explains how best to use it, as well as listing other essential resources to advise student loan borrowers.

A May 16 Supreme Court ruling makes it almost impossible to appeal a federal court ruling enforcing an arbitration provision. This article explains not only the ruling’s negative consequences, but also, surprisingly, the advantages the ruling presents for consumers and workers. The article also sets out five approaches still available to reverse a decision enforcing an arbitration provision despite the Supreme Court ruling.

A new HUD guidance explains that tenant screening companies and landlords that use them may potentially violate the Fair Housing Act’s anti-discrimination provisions, which could give rise to private remedies. As explained in this article, the guidance singles out problematic tenant screening practices involving credit history, criminal records, and eviction filings, and lists recommended landlord and screening company actions.

Effective July 1, a new Department of Education rule provides new relief for how a student loan borrower’s income-driven repayment plan is treated if the borrower is in a chapter 13 bankruptcy. The article explains four key new protections that the new rule will implement and provides four essential practice tips for dealing with student loans in a chapter 13 bankruptcy.

NCLC's new Arbitration Practice Checklist is a free tool that lists 75 ways to defeat an arbitration requirement. A new NCLC Digital Library article aggregates highlights from the new checklist. The article explains 12 lesser-known ways to defeat an arbitration requirement, 12 challenges that apply more often than expected, and the three biggest errors in challenging an arbitration requirement. Links are provided to this and ten other free practice checklists from NCLC.

On February 8, the Supreme Court held that the FCRA waives federal sovereign immunity from FCRA damage claims when federal agencies furnish inaccurate information to consumer reporting agencies. This article examines the broader implications—other FCRA claims against federal agencies, FCRA claims against state and local agencies, and which other consumer statutes waive sovereign immunity.

An advance FREE version of the much-beloved federal practice manual geared for legal aid and public interest attorneys is now available on the NCLC Digital Library. NCLEJ with contributions from 29 federal court litigators has just updated and revised the Shriver Center’s classic version. This article explains the manual’s free access and describes its content and digital tools.

Effective January 23, 2024, two new CFPB advisory opinions clarify a number of critical Fair Credit Reporting Act (FCRA) issues and should facilitate private FCRA litigation. The first advisory opinion addresses accuracy issues in background check reports used by most employers and landlords. The second advisory opinion addresses problems consumers face when seeking complete disclosure of their credit reports.

This article summarizes all 2023 Fair Debt Collection Practices Act (FDCPA) reported appellate court decisions, organized by topic. A highlight are eight appellate decisions examining standing in FDCPA cases. Some of the other topics include attorney fees, the bona fide error defense, the "debt collector" definition, and the FDCPA statute of limitations.

This article lists new federal consumer laws going into effect in 2024, including new student loan regulations, a new FTC rule on motor vehicles, a new FCC order on robocalls, and multiple changes concerning consumer bankruptcy. Also included are important state law changes in over 20 states, including California, Colorado, Massachusetts, Minnesota, New York, and Pennsylvania.