Almost every FDCPA (as well as TCPA, FCRA, and TILA) case these days faces a Spokeo challenge. All consumer litigant in federal court must understand the latest Spokeo rulings. This article provides a survey of all circuit court FDCPA Spokeo rulings, as well as setting out key strategic decisions in bringing federal court consumer claims.

As discussed in this article, a slew of 2019 court rulings are reshaping private litigation against robocallers. The federal student loan collectors’ exemption was declared unconstitutional; the Supreme Court issued smoke signals on the weight given FCC orders; the TCPA was ruled applicable to new types of robocalls; cases interpreted whether predictive dialers are covered; and Spokeo challenges generally lost.

This article sets out homeowner rights when homeowners get behind on their mortgage payments after a natural disaster. The article includes the new FHA policy and an overview of options for Fannie, Freddie, FHA, VA, and RHS loans, plus steps the homeowner should take to obtain relief.

NCLC just added four new features to our powerful digital search engine. This article describes the new features and provides—for both subscribers and for the general public—a quick guide to unleashing all the advantages of NCLC’s search engine to find consumer law topics, sample pleadings, and primary source material.

Recent circuit and district court decisions find federal preemption inapplicable to many state law deception claims against student loan servicers. The article lists common servicer abuses, explains how the new cases reject the Department of Education’s preemption claims, and analyzes which state law claims will be most effective in seeking remedies from student loan servicers.

This article examines three June actions showing how state law can help consumers respond to arbitration clauses: a Ninth Circuit ruling that public injunctive relief provided by a state statute must be available either in court or in arbitration, a state supreme court’s limit as to when non-parties can enforce arbitration agreements, and a Vermont statute helping consumers challenge unconscionable arbitration clauses.

This article examines new and old ways to maximize attorney fee recoveries where the consumer has used the FTC Holder Notice to sue a creditor based on seller-related claims. The article also debunks five myths that are often used to try to limit consumer recoveries under the FTC Holder Notice.

A May 2019 Eleventh Circuit decision provides an important illustration of how a consumer can end up in court (even in a class action) when the business does not comply with the arbitration provider’s rules. This article sets out practice tips on how a company’s failure to pay arbitration fees or meet other requirements can make the company’s arbitration agreement unenforceable.

2019 decisions from three circuit courts exempt data gatherers from the Fair Credit Reporting Act (FCRA). This article explains that these firms should be careful what they wish for, as FCRA preemption no longer applies and they become subject to potentially powerful state laws.

On June 3, the Supreme Court set the standard for consumer recovery of damages, punitive damages, and attorney fees for collection of debts discharged in bankruptcy. This article also explains that judgments on discharged debts are void, describes the advantages of FDCPA remedies, and provides a comparison between remedies for automatic stay violations and discharge violations.

A Supreme Court May 28 ruling supports the right of consumers sued in state court to avoid removal to federal court when they bring class or federal claims in that state court action, even against third parties. As examined in this article, the ruling gives consumers some control over the decision whether to litigate in state or federal court.

A recent Supreme Court decision in Cochise Consultancy is favorable for private litigation under the federal False Claims Act (FCA). This article explains how the decision also underscores that FCA litigation has a number of advantages to challenge consumer abuses compared with class actions under traditional consumer causes of action.

The Supreme Court has just made it harder, but not impossible, for consumers to proceed in arbitration on a class basis. An ambiguous provision is insufficient to authorize class arbitration, but this article explains how language commonly found in arbitration agreements might still be found to authorize class arbitration.

Effective April 1, the CFPB Prepaid Accounts Rule adds protections for prepaid cards, payroll cards, and person-to-person payment services, as set out in this article. The rule improves fee transparency, protects cards from unauthorized charges and errors, and addresses abusive overdraft fees. Consumers can obtain actual and statutory damages and attorney fees for violations.

As discussed in this article, a March 25 Eleventh Circuit ruling is a strong pro-consumer decision on five different fronts. A furnisher’s “data conformity review” is an FCRA violation as a matter of law. The holding also addresses the FCRA “willfulness” standard, and punitive and emotional distress damages under the FCRA. The ruling is even relevant to the bona fide error defense under the FDCPA.

The Supreme Court in 2017 ruled debt buyers do not fall under the FDCPA’s second definition of a debt collector—one who regularly collects debts owed to another. As discussed here, the Third Circuit in Barbato has just found a debt buyer covered under the FDCPA’s principal purpose definition, concluding that FDCPA coverage does not require a debt buyer to engage in overt collections.

Overview On March 20, 2019, the Supreme Court’s unanimous decision in Obduskey v. McCarthy & Holthus L.L.P. examined liability for violations of the Fair Debt Collection Practices Act (FDCPA) that are committed in non-judicial foreclosures. This article considers which FDCPA claims arising from foreclosures are viable post- Obduskey. Obduskey holds that entities whose principal purpose is...

Telephone Consumer Protection Act (TCPA) litigation is one of today’s hottest areas and this article provides new practice tips in bringing suits involving robocalls and junk faxes, based on the very latest case rulings and expert advice.

Effective April 1, consumers filing bankruptcy will be able to exempt more of their equity in their homes, cars, household goods, and even retirement accounts. This article describes all the bankruptcy dollar amount changes going into effect April 1.

The Supreme Court has just imposed the Eighth Amendment’s Excessive Fines Clause on the states, recognizing that the clause is a shield against government’s using high fines for revenue-generating purposes. This article explains that the opinion will surely be used to challenge the rising fines imposed by state and local governments and their impact on low-income defendants.