Increasingly, companies seek to bind consumers to arbitration, consent to robocalls, and other terms and conditions through the consumer’s actions on a website. This article reviews an important January court decision, describes surprising facts about bots and “click farms,” and sets out a series of practical steps to challenge consumer assent to terms found on a website.Challenging Electronic Assent to Arbitration, Robocalls, and More

New rules interpreting the Fair Debt Collection Practices Act that go into effect November 30, 2021, are a good reason to review existing law as to suits and collection contacts concerning time-barred debt. This article discusses those aspects of the new rules related to time-barred debt and also provides an overview of existing law in the area.

This article reviews a very active 2020 concerning the Fair Debt Collection Practices Act (FDCPA). The article focuses on two sets of final Consumer Financial Protection Bureau rules on the FDCPA, one published in November and the other announced in December, and then summarizes all of the relevant 2020 circuit court of appeals FDCPA cases.

This article explains the new consumer bankruptcy protections found in the Consolidated Appropriations Act that were effective December 27, 2020: the availability of a chapter 13 discharge despite missed payments, protection of stimulus payments from the bankruptcy trustee, no discrimination of debtors in bankruptcy from CARES Act protections, continued utility service without a deposit, and more.

In 2021 many significant consumer law changes will be effective and a number of programs that were to expire have been extended. This article sets out those changes and extensions that are scheduled as of January 1, 2021, including changes effective from December 1, 2020 through January 1, 2022.

This article explains scammed consumers’ best approaches to retrieve their money, depending on the method used for its payment. The article covers unusual payment methods preferred by scammers, such as gift cards, wires, prepaid cards, remotely created payment orders, express mail of cash and money orders, and not just credit or debit cards.

This article provides a summary and link to a Public Justice paper that debunks claims (successful in two district courts and popping up everywhere now) that the Telephone Consumer Protection Act (TCPA) is unconstitutional as applied to all robocalls from 2015 to July 6, 2020.

This article reviews four amendments to the bankruptcy rules, a number of changes to the bankruptcy forms, and filing fee and other fee increases that all take effect on December 1, 2020. One of the rule changes has the potential for cost savings for debtors and their attorneys in chapter 13 cases. Also of note, filing fees for chapter 7 and 13 cases are increasing modestly.

Financial distress exacerbated by the current epidemic will soon result in millions of judgments against consumers in collection lawsuits. This article details federal and particularly state law exemptions and other protections and strategies that limit these judgment creditors from garnishing consumer wages and freezing and seizing consumer bank accounts. Additional key resources are also listed.

A new CFPB interim final rule provides an exception for mortgage servicer compliance with loss mitigation evaluations for borrowers exiting a COVID-19 forbearance, but only if the borrowers are given important rights. This article explains that forborne payments are deferred, interest free, until the end of the loan term, no fees can be charged, any delinquency is canceled, and the borrower can still apply for alternative loss mitigation.

This article provides tips and explains new protections for homeowners having difficulty making mortgage payments. Included are federal and state forbearance programs and moratoria on foreclosures. Just as important, the article explains how to apply for forbearance, how forbearance prevents foreclosure, and what mortgage repayment options are available once the forbearance period expires.

A September 3, 2020, HUD action to limit Fair Housing Act disparate impact claims underscores the underutilized power of credit discrimination statutes to remedy marketplace misconduct affecting communities of color and other vulnerable consumers. This article describes the power, broad scope, and varied applications of federal and state credit discrimination statutes, and also sets out the implications for consumer lawyers of the HUD rule change.

New U.S. Department of Education rules, effective July 1, 2020, create complexity as to applicable requirements concerning the borrower defense discharge, the closed school discharge, and school use of mandatory arbitration clauses. This article explains varying rules for loans issued prior to July 1, 2017, from July 1, 2017 through June 30, 2020, and after July 1, 2020.

This article lists a growing number of actions Congress, governors, federal and state agencies, and companies are taking to respond to the COVID-19 epidemic: suspensions on foreclosures, evictions, and terminations on telecommunications and utility service, elimination of interest and forbearance on student loan payments and home mortgages, and more.

The Supreme Court’s June 29th decision in Seila Law allows the President to remove at will the Consumer Financial Protection Bureau Director, but it saves the rest of the Bureau’s authority. This article explains some of the decision’s implications for the CFPB, the FHFA, and other independent agencies. Of special note is the CFPB’s July 7th ratification of almost all of its existing rules and other past actions and its July 7th repeal of most parts of the payday loan rule.

A July 6, 2020 Supreme Court decision in Barr applies the same Telephone Consumer Protection Act restrictions on robocalls to collect government debt as apply to other robocalls. Otherwise the exemption for government debt would unconstitutionally favor one form of speech content over another. This article examines the ruling’s implications for litigation involving robocalls to collect government debt, other robocall litigation, and even First Amendment litigation regarding other consumer statutes.

During the national conversation around policing practices, the public has free access to two just-released NCLC resources on defending consumers against draconian enforcement of criminal justice debt, bail bond abuses, and price gouging by private companies offering services to those incarcerated. This article highlights their content with links to specific topics in Commercialized (In)justice Litigation Guide and, for a limited time, in Collection Actions Chapter 11.

Creditors with court judgments against consumers may seek to garnish stimulus payments from consumers’ bank accounts. This article explains the threat, lists tips to determine accounts at risk, explains how Americans will receive stimulus payments, and provides advice on preventing garnishment, depending on whether payment is by direct deposit or by paper check.

This article explains private enforcement of new credit reporting rights provided consumers by the CARES Act. The article details when the rights are applicable, how creditors must implement those rights, steps consumers can take to enforce those rights, and special enforcement rights for California consumers.

HUD created a March 21st deadline for reverse mortgage servicers to assign the reverse mortgage to HUD without financial penalty in order to protect certain surviving non-borrower spouses from foreclosure. This article explains the meaning of the deadline and what actions non-borrowing surviving spouses should take so that they can remain in their homes. For a certain category of surviving spouses, it is important to act before March 21.