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1.1.6 How to Use This Treatise

The authors recommend a three-step approach to using this treatise. First identify and review the Part II chapter that matches the type of credit transaction at issue. Based upon a review of that chapter, step 2 would be to identify and read related discussions in other NCLC treatises that are cross-referenced in that chapter. Step 3 is to refer then to general issues discussed in Consumer Credit Regulation’s Part I that have specific relevance to the particular case at hand.

More particularly, steps 1 and 2 for the following types of credit would include:

Step 3 will depend on the facts of a case. If a case rests on a federal claim, that claim may be discussed in more detail in Chapter 2, infra. If the case instead involves a state claim, reference should also be made to Chapter 3, infra, which discusses whether federal law preempts that state claim. Chapter 2, infra, also details which state’s law applies, which state law within a state applies, and whether an amended statute should be applied retroactively.

Reference should be made to Chapter 4, infra, if a case involves issues as to what is considered interest, how points are to be treated, and whether third-party charges or late fees are legitimate. Chapter 5, infra, should be consulted where a case involves the calculation of interest, rebates of unearned interest, or other charges. Reference should be made to Chapter 6, infra, if credit insurance or a credit card “debt protection” product is involved. Finally, Chapter 7, infra, should be consulted in shaping a litigation concerning a violation of a consumer credit regulation requirement.