Following a 2025 Supreme Court decision, courts are reconsidering prior settled law on Telephone Consumer Protection Act (TCPA) claims, including whether the TCPA applies to text messages, whether the FCC's written consent regulation is enforceable, and whether private remedies apply to caller ID and cell phone do-not-call list violations. This article focuses on best litigation practices in this changing environment.

On June 23 the Supreme Court decided its second property tax foreclosure case in three years, clarifying homeowner rights after a tax taking where sale proceeds are far lower than the property’s value. This article analyzes the new ruling’s implications, explores when a tax sale may not be “fairly conducted,” identifies states where tax sale law is open to challenge, and explains how recent legislative gains are protected.

As of July 21, the Equal Credit Opportunity Act's Regulation B guts core protections against credit discrimination, including claims alleging disparate impact and discouraging applicants. This article explains the changes while suggesting alternative approaches, including disparate impact claims under other statutes and reverse redlining claims against predatory and unfair lending.

[Updated to now include July 13 federal guidance.] A May 19 Executive Order and federal agency statements on June 5, June 8, and July 13 target immigrant access to banking and credit. This article explains their short-term and longer-term implications for immigrants, including the impact on those using ITINs and Matricular Consular IDs. The article discusses federal guidance on immigrant credit card, car loan, and mortgage applications and potential changes to immigrants’ ability to open and maintain bank accounts.

Effective July 1, new student loan repayment rules dramatically reduce the number and benefits of loan repayment options, particularly for new or even existing borrowers taking out new loans after July 1. Borrowers with no new loans also are losing access to the SAVE plan and in 2028 to PAYE/ICR plans. This article also highlights two June 30 court decisions vacating rules that would have sharply limited employer eligibility for public service loan forgiveness.

A surprising number of meritorious claims in all kinds of consumer cases are dismissed solely because the claims were not listed in the consumer’s prior bankruptcy schedules. A June Supreme Court case limits the use of the bankruptcy judicial estoppel defense. This article explains the decision's implications and provides advice and six litigation tips to challenge the use of judicial estoppel.

This article explains how two different Supreme Court decisions—the most recent issued on May 14, 2026—determine whether review of an arbitration award is properly in federal or state court. This in turn determines whether the procedure, timing, and standards to review the award are based on the Federal Arbitration Act or state law. The article explains how this choice can be determinative of the review’s outcome.

This article provides tips to assist clients struggling with debt incurred by an abusive partner through identity theft or coercion (coerced debt): establishing a safety plan; protecting bank accounts; dealing with credit card abuse, credit reporting, debt collection, and home mortgages; and preventing new accounts being opened in the victim’s name. Nine new state laws dealing with coerced debt are summarized.

More than 20,000 civilians receive treatment each year in Department of Defense (DoD) military treatment facilities. The DoD aggressively pursues collection for medical services provided to these civilians at military treatment facilities pursuant to its authority under the Debt Collection Improvement Act. A new NCLC Digital Library article describes new regulations that provide pathways to financial assistance, including details of eligibility and how to apply for assistance.

The new 2026 edition of NCLC's bestselling consumer guide Surviving Debt is now available for sale in print ($20) and e-book ($9.99), and available for free in digital format on the NCLC Digital Library.

This article explains how to respond to IRS tax debt. Always file a return even without paying taxes owed, almost never use a credit card, and press various exemptions against an IRS levy. Options are detailed to pay in installments, eliminate collections, and even reduce the debt owed. Special rights for spouses and debtors in bankruptcy are discussed, and sources of help are listed.

This article sets out seven key mistakes consumers make in attacking arbitration requirements: failing to first challenge delegation clauses; jumping into federal court; missing attacks on electronic consent and the contract’s language; mistaking the breadth of federal bans on arbitration; and underestimating arbitration’s ability to provide individual and even broad-based relief.

Ratio Utility Billing Systems (RUBS) is increasingly used in rental housing and creates potential for abusive landlord practices in tenants’ gas, electricity, and water bills. This article explains RUBS and the disadvantages of RUBS compared to traditional utility billing, provides a checklist to determine if a RUBS bill is accurate, mentions RUBS legislation and litigation, and links to additional resources.

FHA has announced new help for homeowners having trouble paying their FHA-insured mortgage loans. This article explains the seven key changes, including minimized documentation requirements, new home retention options, and access of successors-in-interest to FHA loss mitigation. This article describes the changes and provides links for more detail on each change.

This article examines three current forms of home equity theft: offering realtor services to create liens on homes, buying homes below market value before they are listed, and sale-leasebacks schemes. The article describes each scam, current litigation, common features of home equity theft, and twelve different legal theories for homeowners to seek relief. Links are provided for more detail.

Home equity “investment” (HEI) loans are a growing predatory loan scam. Homeowners are offered cash without monthly payments, but these loans’ true cost can be astronomical. This article examines recent Ninth Circuit and other court decisions upholding claims against HEI loans and provides practice pointers in suing HEI lenders, including claims, successfully framing a complaint, and how to avoid arbitration.

This article examines the most significant 2025 Fair Debt Collection Practices Act (FDCPA) developments, including summaries of all reported FDCPA circuit courts of appeals decisions, a discussion of withdrawn guidance at the CFPB, and the just-released Eleventh Edition of NCLC’s Fair Debt Collection treatise.

This article lists federal and state consumer law changes scheduled to go into effect or expire in 2026. Of special note are extensive changes to student loan rights, bankruptcy amendments affecting mortgages, sunset of exemptions from taxability for forgiven mortgage and student loan debt, and state laws dealing with automobile sales and coerced debt. State law changes are noted in 30 states.

A recent Tenth Circuit ruling largely bans Colorado lenders from using rent-a-bank schemes to evade the state's usury caps. A new NCLC Digital Library article explains the decision and details strategies for challenging rent-a-bank loans in other states. Such strategies include arguing that the bank is not the true lender, that there are limits on rate exportation, and that the loan may still have to comply with non-interest credit law of the state of the consumer’s residence.

Important new rules go into effect on December 1 to protect homeowners who use chapter 13 bankruptcies to stave off foreclosures and keep themselves current on their mortgages. A new NCLC Digital Library article explains eight ways that the new rules protect such homeowners by giving them information needed to successfully complete a cure plan and emerge from chapter 13 without surprise, undisclosed fees, or payment amounts due.