The AAA's consumer arbitration rules (new rules are effective May 1) offer multiple opportunities for consumers to avoid arbitration and bring an individual or class case in court. This article outlines four common mistakes a business can make that can lead the AAA to decline to arbitrate and can allow consumers to proceed to court. Small claims court also is always an option under the AAA's rules.
The CFPB withdrew 67 guidance documents, many with significant utility in consumer litigation involving FDCPA, FCRA, TILA, UDAP, and other credit laws. This article explains the withdrawn documents continued use in consumer litigation and the withdrawal’s justification, and lists the 67 documents, organized by consumer law statute, with links for more information.
Odds are the answers to your consumer law questions can be found on The NCLC Digital Library. But pinpointing quickly what you need is not always easy, and you may not even be sure what the key issues are in a case. Here are ten insider tips for finding the answers you seek while also helping you ask the right questions.
The CFPB’s pared down Payday Loan Rule finally went into effect on March 30, 2025. This article explains three surprising facts about the rule’s importance to consumer practitioners: the rule’s provisions offer significant protections, apply to many forms of high-cost lending, and the rule offers substantial assistance in private litigation involving not only overdraft and NSF fees, but also any litigation involving high-cost lenders.
Frequently consumer claims are blocked from court, either because an arbitration provision is enforceable, or it is impractical to challenge the arbitration requirement. When a consumer’s claims are blocked from court, this article provides ten reasons why bringing the case in arbitration is always worth considering.
Effective April 1, consumers filing bankruptcy in states that use the federal bankruptcy exemptions 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.
In 2024 the FTC issued nine new or revised rules—more than any year in decades. This article summarizes each of these nine rules and their present status. The article also lists four especially noteworthy already existing FTC rules. The article sets out the major implications for individual or class litigation of each listed rule.
Fraud schemes usually include forms of consumer payment that limit consumer ability to stop or reverse payment. This article explains payment methods frequently used in fraud schemes and then sets out practical steps and legal rights that may allow consumers to get their money back, based on each of the common payment techniques fraudsters use to receive the consumer’s payment. Links are provided for further help.
The National Housing Law Project will soon publish the print version of the 6th edition of HUD Housing Programs: Tenants’ Rights (aka the Green Book ). The Green Book is the preeminent legal text on federal tenants' rights in HUD programs. The Green Book ’s treasury of information is the product of over 55 years of legal experience specifically focused on HUD housing law, decades of successful...
This article summarizes current Telephone Consumer Protection Act (TCPA) and robocall developments, including the status of three important FCC final rules, a proposed FCC rule, an enforcement action concerning spoofing of caller IDs, and a pending Supreme Court case concerning the precedential value of FCC interpretations—all of which could significantly affect TCPA litigation.
A new NCLC Digital Library article examines the most significant 2024 FDCPA developments, including summaries of all reported circuit court of appeals decisions, the latest approaches to dealing with FDCPA standing problems, CFPB guidance on collection of medical debt, and important FDCPA claims related to new legislation that limits credit reporting of medical debt.
This article lists federal and state consumer law rights scheduled to go into effect or expire from December 1, 2024, through January 1, 2026. Of special note are 11 FCC, CFPB, FTC, and bankruptcy rules with a 2025 effective date, as well as medical debt and mortgage loan developments. California alone will see 17 new consumer statutes, and law changes are noted in 30 other states.
Even though federal law prohibits nursing homes from requiring a third party to guarantee payment of their loved one’s bill, nursing homes still frequently pursue payment from friends and family of debts that can exceed $100,000. A new NCLC Digital Library article explains a new federal guidance that nixes these nursing home evasions. The article provides practice advice for consumer advocates representing the resident’s family or friends.
As the name suggests, zombie mortgages can be terrifying. They rise from the dead, appear without warning, and seize homes. And they are appearing now more than ever. A new NCLC Digital Library article explains what they are, why they are now such a problem, and fifteen ways homeowners can stop foreclosures of zombie mortgages. The article also links to additional resources.
This article explains the key implications of December 1 changes to and the renumbering of the bankruptcy rules. The rules have been completely restyled and renumbered, and a side-by-side comparison of the old and new rules is provided. Among other changes, it is now easier to recover repossessed vehicles in bankruptcy, and the article links to new forms responding to the changes.
A hidden and expensive cost homeowners increasingly face occurs when their servicers force-place hazard insurance and charge homeowners for that insurance. This article explains abuses related to force-placed insurance, why the force-placement is growing so dramatically, and homeowners’ best practices and RESPA rights and remedies to respond to both the wrongful and even the appropriate force-placement of insurance.
This article helps practitioners advise clients whether they should file bankruptcy, with the top 7 reasons to file and not to file bankruptcy, the proper time to file bankruptcy, and the cost of filing. The article details 6 surprising bankruptcy facts that dispel client reluctance to file a chapter 7 bankruptcy and lists sources for finding a bankruptcy attorney and more bankruptcy resources.
This article provides 12 tips for homeowners working to recover from a natural disaster, with links to a free treatise chapter for more detail: applying for FEMA assistance and other grants; problems with insurance, home repair scams, and municipal codes; essential new options for disaster-related mortgage loan forbearance and loan modification; and key steps to prepare for the next disaster.
The article explains two big mistakes taxpayers too often make when unable to repay their taxes, and describes three alternative options the IRS offers that can eliminate IRS harsh collections and even reduce the amount owed. Also described are the “innocent spouse” relief, the impact of the taxpayer’s bankruptcy, and limits on IRS seizure of a taxpayer’s wages and Social Security and other public benefits.
This article lists 12 ways to recover for used car defects despite the dealer selling the car “as is.” Four ways provide strong consumer remedies even when an “as is” disclaimer is effective, and eight ways allow for warranty coverage despite the attempted warranty disclaimer. Also listed are shortcut ways to investigate for hidden vehicle defects and tips for used car defect litigation.