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Supreme Court Applies TCPA to Text Messages, Affirms FCC’s Vicarious Liability Principles

January 20, 2016
On Tuesday, January 20, 2016, in Campbell-Ewald Co. v. Gomez, ___ U.S. ___, 2016 WL 228345 (Jan. 20, 2016), the Supreme Court held that an unaccepted Rule 68 offer did not moot a TCPA class action. (A separate article will discuss the Rule 68 holding.) The decision includes several important TCPA holdings as well. Chapter 6 of NCLC’s Federal Deception Law (2d ed. 2016, to be released in early...

The Qualified Principal Indebtedness Exclusion Revived and Extended for Two Years

December 22, 2015
**This exclusion has been extended to income forgiven in 2017. Read more here.** On December 18, 2015, President Barack Obama signed the Consolidated Appropriations Act of 2016, Public Law 114-113 (129 Stat. 2242; 887 pages), which includes a two-year extension of the qualified principal residence indebtedness exclusion that had expired at the end of 2014. The qualified principal residence...

Supreme Court Rules Yet Again in Favor of Mandatory Arbitration—Why This Time the Impact Is Limited

December 16, 2015
On December 14, the Supreme Court issued its decision in DirecTV, Inc. v. Imburgia, reversing a California Court of Appeals decision from last year. The case involved a clause in DirecTV’s consumer arbitration agreement that expressly prohibited class actions in arbitration but also provided that, “[i]f . . . the laws of your state would find this agreement to dispense with class arbitration...

Effective October 3: Sweeping Changes to Mortgage Loan Disclosures

September 29, 2015
For closed-end mortgage loan applications received on or after October 3, 2015, a single TILA/RESPA integrated disclosure regime now applies. The former rules continue to apply to covered mortgage loans for which applications were received before October 3, 2015 and to new loans not covered by the new amendments. NCLC’s Truth in Lending (9th ed. 2015) (two volumes) and its online version describes...

New Medical Debt Developments

July 30, 2015
New IRS regulations, attorney general settlements, and CFPB actions offer key new protections relating to delinquent medical debt. These are all covered in the updated online version of Chapter 9 of NCLC’s Collection Actions (3d ed. 2014). Click on highlight updates at the top of a page to see the new changes added since the print edition. Highlights include: Section 9.3.1: in-depth discussion of...

New Changes to Federal Mortgage Servicing Requirements

July 30, 2015
New requirements, interpretations and issues have been raised in 2015 as to federal mortgage servicing requirements. These are all covered in the updated online version of Chapter 3 of NCLC’s Foreclosures and Mortgage Servicing (5th ed. 2014). Click on highlight updates to see the new changes added since the print edition: Section 3.2.2: this new section addresses the question of whether RESPA...

Military Lending Act Dramatically Expands Coverage on Oct. 3, 2016

July 23, 2015
The Talent-Nelson Military Lending Act (MLA), 10 U.S.C. § 987, enacted in 2006, imposes a 36% interest rate cap, bans mandatory arbitration, and imposes other restrictions on “consumer credit” extended to service members and their dependents. The MLA thus applies to more than 5 million Americans. The MLA though applies only to an individual who, at the time he or she becomes obligated on a...

New Magnuson-Moss Rules Aid Consumer Warranty Litigation

June 17, 2015
On May 28, 2015, the FTC announced new changes to its rules under the Magnuson-Moss Warranty Act that, effective July 20, 2015, will significantly aid private consumer warranty litigation. The details and impact of the new rules are reflected in revised versions of Chapters 2 and 13 of NCLC’s Consumer Warranty Law, now available on-line. Chapter 2 is also fully updated with all the latest Magnuson...

Supreme Court Rejects Lien Strip Off in Chapter 7 Cases

June 2, 2015
The Supreme Court on June 1 has just held in Bank of America, N. A. v. Caulkett that a wholly underwater mortgage cannot be stripped off and voided using Bankruptcy Code § 506(d) in a chapter 7 bankruptcy case. The decision should have little impact on consumer bankruptcy cases, since most courts (except those in the Eleventh Circuit) had previously held that mortgage strip off in chapter 7 was...

About the Public Justice Foundation

March 18, 2015

The Public Justice Foundation is a 501(c)(3) non-profit charitable educational and membership organization dedicated to using attorneys’ skills and resources to advance the public good. It supports the cutting-edge legal work of Public Justice, P.C., a national public interest law firm that uses high impact litigation to pursue justice for victims of corporate and government abuse, and to keep the...