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Each Debt Collector Must Notify Consumer of Debt Verification Rights

July 27, 2016
Ninth Circuit’s July 20 Decision Important Step in Resolving Split Among the Courts In a comprehensive opinion in Hernandez v. Williams, Zinman & Parham PC, 2016 WL 3913445 (9th Cir. July 20, 2016), the Ninth Circuit held that “…the FDCPA unambiguously requires any debt collector—first or subsequent—to send a § 1692g(a) validation notice within five days of its first communication with a consumer...

Six Ways to Avoid the “One-Bite” Rule for RESPA Loss Mitigation Applications

July 26, 2016
In evaluating whether to file a court action for violations of the RESPA Reg. X loss mitigation rule, determine if the servicer evaluated any of the client’s earlier loss mitigation applications. Reg. X, 12 C.F.R. § 1024.41(i) provides that a servicer is "only required to comply with the requirements of this section for a single complete loss mitigation application for a borrower’s mortgage loan...

Exciting New Features Added to NCLC’s Digital Library

June 8, 2016
New features have just been added to our online treatises—the option to view search results ordered by section number (instead of by relevance) and flags to help you pinpoint just updated sections and significant law changes. This article contains tips on using these new features.

Spokeo Resources (for subscribers AND for non-subscribers)

May 27, 2016
Analyses and briefs to facilitate individual rights representation, addressing standing challenges based on the Supreme Court’s May 16, 2016, decision in Spokeo v. Robins: Statute-Specific Spokeo Analyses Telephone Consumer Protection Act Spokeo analysis: For subscribers to Federal Deception Law For non-subscribers Truth in Lending Act Spokeo analysis: For subscribers to Truth in Lending General...

Third Circuit: Collector Has Burden to Prove Exemption from FDCPA Liability

May 2, 2016
In Evankavitch v. Green Tree Servicing, L.L.C., 793 F.3d 355 (3d Cir. 2015), the Third Circuit holds that the mortgage servicer had the burden of persuasion with the jury that the servicer’s call to a third party was permitted by the § 1692b(3) exception. That exception allows follow-up calls to a third party for location information if “...the debt collector reasonably believes that the earlier...

The Federal Housing Finance Agency’s Principal Reduction Modification Program (Very Modest and Very Late)

April 21, 2016
On April 14, 2016 the Federal Housing Finance Agency (FHFA) announced what it described as its final loss mitigation initiative of the foreclosure crisis, a “Principal Reduction Modification Program.” The Program will apply to a limited number of loans owned or insured by Freddie Mac or Fannie Mae. Borrowers will not be able to apply for these modifications. Instead, during the latter half of 2016...

If Pending Supreme Court Consumer or Class Cases End in a 4-4 Tie

February 16, 2016
It is increasingly likely that cases currently awaiting decision before the Supreme Court will be decided by eight justices. Two of the cases argued last fall and now awaiting decision could have dramatic impacts on consumer law and class action practices, and this article describes the implications if those cases result in a 4 to 4 tie. Spokeo v. Robins Described Spokeo v. Robins is a Fair Credit...

Recent FDCPA Circuit Court of Appeals Decisions (Nov. 16, 2015 – Jan. 4, 2016)

January 22, 2016
This article summarizes six new reported FDCPA appellate decisions handed down mid-November, 2015 though early January, 2016. In addition, FDCPA practitioners should be aware of the following: The Supreme Court’s decision in Campbell-Ewald Co. v. Gomez, ___ U.S. ___, 2016 WL 228345 (Jan. 20, 2016), clarifying certain TCPA issues as discussed in this article and making it much more difficult for...