Significant 2017 Fair Debt Collection Practices Act Developments
Two Supreme Court oral arguments in FDCPA cases, five Circuit Court rulings on the FDCPA and foreclosures, and another on collection of time barred debt are some of the recent FDCPA highlights described in this article.
Supreme Court’s March 29 Ruling in Expressions Hair Design: Free Speech and Consumer Regulations
The Supreme Court’s March 29 decision in Expressions Hair Design may spark increased First Amendment challenges to consumer protection regulations. This article explains why the Court’s decision and prior precedents weigh against such challenges.
FDCPA’s Application to IRS’ New Private Debt Collectors
The IRS has begun hiring private collectors to collect on delinquent tax obligations, and this article explains why these collectors are subject to Fair Debt Collection Practices Act requirements and remedies.
Fannie, Freddie Create New Mortgage Loan Modification Program
With the phasing out of HAMP, Fannie Mae and Freddie Mac have created a new home loan modification program that is now in effect, as detailed in this article.
CFPB Report Details Problems, New Requirements Consumer Reporting Companies Must Implement
As detailed in this article, a March CFPB report sets out serious problems uncovered by exams at the Big Three consumer reporting companies and details significant new reforms that these companies must implement to protect consumers.
NCLC Releases New Ninth Edition of Repossessions Treatise: In Print and Online
Repossessions (9th ed. Mar. 2017) (776 pp.) is now available in print and online, updating the 2013 edition with hundreds of new cases and statutory changes—an essential resource re car, manufactured home, or household goods seizures. Subscribers' copies were mailed out late March.
Where Defendant Requires Arbitration but Refuses to Pay for It
Increasingly, consumers forced into arbitration seek to avail themselves of that process, but are frustrated by the defendant’s refusal to pay or otherwise participate in the proceeding. This article describes a state supreme court’s solution—the consumer can then go to court.
Annotate and Highlight Your NCLC Online Treatises
Subscribers can now, for their own future use, annotate text or highlight selected passages of their NCLC online treatises, and then rapidly return to those notes. This article explains these and other new NCLC online features.
The TCPA Year in Review (updated Feb. 6, 2017)
2016 was an exceptionally busy year for the Telephone Consumer Protection Act: Supreme Court decisions, FCC rulings, and extensive new case law. This article summarizes the highlights.
Defendant’s Conduct May Waive Arbitration Requirement
As detailed in this article, a defendant may waive its right to compel arbitration by refusing to pay arbitration fees, by participating in class litigation pre-certification, or by participating too long in an individual or even a related court action.
New Defenses to Student Loan Repayment Based on School Misconduct and Closures
This article describes Oct. 28 Department of Education rules providing key new rights for student loan borrowers: arbitration limits, school-related defenses to loans, and strengthened closed school and false certification discharges.
NCLC Releases Unfair and Deceptive Acts and Practices (9th ed.)—Print and Online
NCLC has just released in print and online Unfair and Deceptive Acts and Practices (9th ed. Dec. 2016) (1011 pp.). This article sets out what subscribers and non-subscribers should know about the new edition.
FTC Amends Used Car Rule; How to Challenge "As Is" Car Sales
On November 10, the FTC issued a final regulation amending its Used Car Rule. This article explains the rule changes and then lists 15 ways in which a consumer can bring an action for a defective used car despite an “as is” disclaimer.
Ban on Arbitration of Nursing Home Disputes Preliminarily Enjoined
A Mississippi federal court on November 7 preliminarily enjoined a new federal rule that would have banned arbitration clauses in nursing home and other long-term care contracts, as described in this updated article.
How to Prepare for the End of HAMP
This article highlights steps to take to prepare for the end of HAMP and other Making Home Affordable programs that sunset at the end of 2016. Reference can also be made to Treasury Supplemental Directive 16-02 and 16-03.
NCLC Releases Consumer Class Actions (9th ed.)—Print and Online
NCLC has just released the Ninth Edition of our popular Consumer Class Actions treatise, with recent major developments in class action law. This article sets out what subscribers and non-subscribers should know about the new edition.
Ruling on CFPB’s Unconstitutionality Leaves Agency Intact
The DC Circuit’s October 11 decision in PHH Corp. that the Consumer Financial Protection Bureau is unconstitutional will have far more limited impact on the agency than one might presume, as explained in this article.
New NCLC Chapter on Criminal Justice Debt
The online version of NCLC’s Collection Actions treatise has added an all-new chapter 10a on representing consumers with criminal justice debt—too often overlooked, but a major problem for millions of Americans. This article describes the chapter’s highlights.
Starting Oct. 3, New Consumer Rights for 3 Million Servicemembers & Dependents
Effective October 3, Department of Defense rules limit interest rates to 36%, prohibit arbitration, and provide strong private remedies for all non-purchase money, closed end credit offered to the country’s 3 million servicemembers and their dependents, as described in this article.
Prepaid Card Rule Latest Regulation of Fast-Changing and Novel Payment Devices
Not just the UCC anymore. As described in this article, CFPB, FTC, Treasury, NACHA, other rules are catching up to today’s novel ways payments are made to and from consumers: payroll, prepaid, gift, college, debit, Direct Express, and EBT cards, mobile wallets, P2P transfers, remittances, EFT, and much more.