Widespread misrepresentation about private student loans not being dischargeable in bankruptcy leads to significant consumer remedies. This article explains how to tell if a private student loan is dischargeable in bankruptcy, and sets out remedies where creditors misrepresent that a loan is non-dischargeable or continue collection after a bankruptcy discharges the loan. Other claims are listed against private student loan lenders.
This article provides advice to consumers in dealing with debt collectors, taking into consideration new consumer rights and new consumer risks flowing from federal rules that just went into effect on November 30, 2021. The article: provides nine ways to stop debt harassment, with sample letters; explains the limits of what collectors can really do; and lists illegal debt collection conduct that can lead to consumer claims.
This article explains the implications two new student loan developments. A Navient settlement discharges on average $25,000 of debt for 66,000 private student loan borrowers and provides $260 restitution to 365,000 federal Direct Loan borrowers. The Department of Education has extended its suspension of federal student loan payments until May 1, 2022, with the balance accruing at zero percent interest.
This article provides tenant tactics to deal with rental debt: responding to negative tenant screening reports that prevent access to new housing; challenging the rental amount claimed as due; other defenses to rental debt collection lawsuits and eight ways for the tenant to recover attorney fees in that litigation; tenant rights after a court judgment for the landlord; and tenants’ affirmative litigation for the collector’s litigation abuse.
This article reviews a very active 2021 concerning the Fair Debt Collection Practices Act (FDCPA): significant new FDCPA regulations took effect, a Supreme Court decision significantly impacts standing in FDCPA cases, and 21 appellate court panels issued important FDCPA published decisions.
In 2022 significant new federal and state consumer law rights will be effective, and other rights are set to expire or have been extended. This article sets out, as of January 1, 2022, the effective dates for all of these changes, including changes effective from November 30, 2021 through January 1, 2023.
This article provides links to the latest COVID-related homeowner protections for different types of mortgages and homeowner financial circumstances. Links go to an extensively updated NCLC chapter, which is, for a limited time, free to the public. Also linked is a discussion of an important foreclosure defense based on servicer noncompliance with these homeowner protections.
Nursing homes too often sue without justification not only residents, but family members or caregivers for amounts that can exceed $100,000. This article introduces defenses that residents and especially third parties can raise to these collection lawsuits. Affirmative claims that can be brought against the collection attorney and nursing home are examined, and additional resources are provided.
Unfair and Deceptive Acts and Practices (10th ed. 2021) (1,056 pp.) is now available in both print and digital format on the NCLC Digital Library. This is an essential revision of the most important consumer law statute in all 50 states, adding thousands of new federal and state cases since the last edition. Learn more and read Chapter One for free here.
This article provides 12 reasons for bringing reverse redlining claims against predatory lenders, under the Equal Credit Opportunity, Fair Housing, and/or Civil Rights Acts. Reverse redlining targets predatory practices at communities of color or other protected groups, whether or not better terms are offered elsewhere. Recent cases bringing reverse redlining claims are included.
This article introduces the new Fair Debt Collection Practices Act Reg. F, that went into effect November 30. The article provides links to totally rewritten NCLC chapters explaining the new rules in-depth. It also provides a handy list of new Reg. F provisions on debt collector use of emails and texts to collect debts and make required disclosures.
This article advises homeowners after natural disasters: FEMA aid and other sources of help and grants; avoiding insurance, home repair, and municipal code problems; forbearance of mortgage payments, loan modifications after exiting forbearance, and foreclosure avoidance; and preparing for the next natural disaster. Links providing far more detail are open to all readers for a limited time.
This article sets out practice implications of three recent Supreme Court cases, two FCC rulings, and other court decisions dramatically reshaping TCPA litigation: Article III standing; the autodialer definition; constitutionality of TCPA claims arising prior to an unconstitutional provision’s severance; general limits on prerecorded calls; new limits on debt collector-recorded calls to residential lines; and seller liability for “do-not-call” rule violations.
This article explains in detail important CFPB amendments to RESPA Reg. X taking effect August 31 affecting mortgage servicer early intervention and loss mitigation requirements. The rule provides new rights to homeowners exiting mortgage loan forbearances or experiencing a COVID-related payment hardships—rights applicable not just to federally insured mortgages, but to almost every home mortgage in America.
In one short month—from June 24 to July 23, 2021—the White House, FHA, VA, USDA, and FHFA (for Fannie Mae and Freddie Mac) have announced 14 separate actions helping mortgage borrowers facing financial hardship from the pandemic. This article summarizes each of the 14, links to the full text of each action, and links to specific subsections of NCLC’s Mortgage Servicing and Lo
Corporate bankruptcies pose unique challenges and opportunities for attorneys representing students at predatory schools, tenants, homeowners with mortgages, and consumers of goods, services, or credit. An online interactive flow chart is now open to the public, Corporate Bankruptcy 101 for Consumer Litigators. This article links to and describes how the free flow chart provides step-by-step instructions on representing consumers in corporate bankruptcies.
On July 1, 2021, the Consumer Financial Protection Bureau (CFPB) issued an Enforcement Compliance Bulletin (hereafter Rental Reporting Bulletin) on consumer reporting issues involving tenant screening reports as well as the reporting of rental information on credit reports. This article outlines key aspects of this “Rental Reporting Bulletin,” highlights the most important implications for...
Starting July 15, families will receive each month an advance child tax credit up to $300 per child per month. This article examines existing consumer protections to safeguard payments from judgment creditors’ bank account garnishment and from the United States’ intercept to repay defaulted federal student loans. The article also considers tactics to protect paper check payments from garnishment.
The Supreme Court’s June 25 Ramirez decision reshapes constitutional standing for federal court FCRA, FDCPA, TILA, TCPA, RESPA and other individual and class cases based on consumer statutes. This article details Ramirez’s practice implications for varied types of consumer injury, provides pleading and proof tips, and explains how initiating a case in state court may alleviate standing problems.
A new VA final rule, effective July 27, provides new rights for homeowners exiting a COVID-19 related forbearance program. Forborne payments will not be due until the end of the mortgage term and are interest-free. This article describes both this new right to defer forborne payments and options for homeowners who cannot afford their regular monthly payments that become due after exiting forbearance.