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.

As states increasingly assess criminal defendants with fines, surcharges, costs, and fees, draconian actions to collect that debt are on the rise. This checklist sets out tools to help consumers avoid the worst of these collection actions that can lead to incarceration, loss of driver’s licenses, wage garnishment, seizure of bank accounts, or other drastic measures.

A new January Supreme Court decision affects the automatic stay a consumer receives upon filing bankruptcy. As discussed in this article, creditors now must file any appeal to a denial of stay relief within fourteen days. In other bankruptcy news, a new option for chapter 11 small business and individual filers became effective February 20.

The previous page (Additional Usernames) indicates how many additional usernames are available for each treatise subscription. As long as usernames are available for a particular treatise subscription, simply add a name, username and email address below to create an additional username for that subscription. That individual will receive an email explaining how to set up a private password. In...

This article sets out nine steps for reducing or eliminating hospital debt for lower-income patients. Federal law provides rights for debt owed to nonprofit hospitals and state law offers relief for debt owed to both for-profit and nonprofit hospitals. The article includes a number of practice pointers in guiding patients through the process.

Congress has just revived and extended the QPRI exclusion, an important protection for struggling homeowners. As discussed in this article, now a homeowner with a short sale or other modification of their home mortgage loan principal can avoid tax liability on debt forgiven during tax years 2018, 2019, and 2020, despite receiving a 1099 indicating the forgiven debt as income.

This article reviews all 25 published Fair Debt Collection Practices Act appellate court decisions from 2019 broken down by category. FDCPA rulings were published by the Supreme Court and the Second, Third, Sixth, Seventh, Eighth, Ninth, and Eleventh Circuits.

This article lists federal and state consumer law changes that already are scheduled to go into effect in 2020. The article also lists several changes that were effective in December of 2019. Of course, other consumer law changes will be enacted later this year and go into effect this year; this article lists those changes whose effective dates have already been scheduled for this year.

The Supreme Court this December clarified when the Fair Debt Collection Practices Act’s one-year statute of limitations begins to run. This article explains the practical import of the Court’s decision and considers other issues concerning the FDCPA’s limitations period, as well as alternative approaches where the period has run.