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FDCPA Reg. F, Now in Effect, Explained in Depth

This article introduces the new Fair Debt Collection Practices Act Reg. F, that went into effect November 30. The article provides links to totally rewritten NCLC chapters explaining the new rules in-depth. It also provides a handy list of new Reg. F provisions on debt collector use of emails and texts to collect debts and make required disclosures.

Now Available: Federal Deception Law, Fourth Edition

Federal Deception Law (4th ed. 2022), now available in digital format on the NCLC Digital Library, covers essential private remedies for marketplace deception: two all-new chapters on the TCPA and robocalls; the definitive analysis of lender liability under the FTC Holder Rule; federal and state RICO; false claims acts; the surprisingly expansive Telemarketing Sales Rule; debt relief scam remedies, and much more. Learn more and read Chapter One on the NCLC Digital Library.

Defending Nursing Home Collection Lawsuits

Nursing homes too often sue without justification not only residents, but family members or caregivers for amounts that can exceed $100,000. This article introduces defenses that residents and especially third parties can raise to these collection lawsuits. Affirmative claims that can be brought against the collection attorney and nursing home are examined, and additional resources are provided.

Twelve Reasons to Bring Reverse Redlining Claims Against Predatory Lenders

This article provides 12 reasons for bringing reverse redlining claims against predatory lenders, under the Equal Credit Opportunity, Fair Housing, and/or Civil Rights Acts. Reverse redlining targets predatory practices at communities of color or other protected groups, whether or not better terms are offered elsewhere. Recent cases bringing reverse redlining claims are included.

Now Available: Repossessions, Tenth Edition

Repossessions (10th ed. 2022) is now available in digital format on the NCLC Digital Library. Repossessions is the definitive treatise on consumer rights concerning motor vehicle, manufactured home, and household goods repossessions and deficiency claims—including defenses, substantial statutory damages and affirmative recoveries, and class actions. Learn more and read Chapter One for free here.

Twelve Tips for Homeowners After Natural Disasters

This article advises homeowners after natural disasters: FEMA aid and other sources of help and grants; avoiding insurance, home repair, and municipal code problems; forbearance of mortgage payments, loan modifications after exiting forbearance, and foreclosure avoidance; and preparing for the next natural disaster. Links providing far more detail are open to all readers for a limited time.

TCPA Litigation After Recent Supreme Court, FCC, Other Rulings

This article sets out practice implications of three recent Supreme Court cases, two FCC rulings, and other court decisions dramatically reshaping TCPA litigation: Article III standing; the autodialer definition; constitutionality of TCPA claims arising prior to an unconstitutional provision’s severance; general limits on prerecorded calls; new limits on debt collector-recorded calls to residential lines; and seller liability for “do-not-call” rule violations.

New CFPB Rule Protects Homeowners Facing Foreclosure

This article explains in detail important CFPB amendments to RESPA Reg. X taking effect August 31 affecting mortgage servicer early intervention and loss mitigation requirements. The rule provides new rights to homeowners exiting mortgage loan forbearances or experiencing a COVID-related payment hardships—rights applicable not just to federally insured mortgages, but to almost every home mortgage in America.

New Protections for Homeowners with VA Mortgages, Effective July 27

A new VA final rule, effective July 27, provides new rights for homeowners exiting a COVID-19 related forbearance program. Forborne payments will not be due until the end of the mortgage term and are interest-free. This article describes both this new right to defer forborne payments and options for homeowners who cannot afford their regular monthly payments that become due after exiting forbearance.

Effective May 3 New Federal Debt Collection Rule on Eviction Practices

This article explains a new CFPB Interim Final Rule, effective May 3, 2021, that increases information for tenants about COVID-related protection from eviction. The article also details tenants’ federal remedies against eviction attorneys and other debt collectors involved in the eviction that fail to provide or misrepresent that information.

The FDCPA Year in Review: 2020

This article reviews a very active 2020 concerning the Fair Debt Collection Practices Act (FDCPA). The article focuses on two sets of final Consumer Financial Protection Bureau rules on the FDCPA, one published in November and the other announced in December, and then summarizes all of the relevant 2020 circuit court of appeals FDCPA cases.

Debunking Claims TCPA Unconstitutional for Robocalls from 2015 to 2020

This article provides a summary and link to a Public Justice paper that debunks claims (successful in two district courts and popping up everywhere now) that the Telephone Consumer Protection Act (TCPA) is unconstitutional as applied to all robocalls from 2015 to July 6, 2020.

Protecting Wages, Benefits, and Bank Accounts from Judgment Creditors

Financial distress exacerbated by the current epidemic will soon result in millions of judgments against consumers in collection lawsuits. This article details federal and particularly state law exemptions and other protections and strategies that limit these judgment creditors from garnishing consumer wages and freezing and seizing consumer bank accounts. Additional key resources are also listed.

Major Consumer Protections Announced in Response to COVID-19

This article lists a growing number of actions Congress, governors, federal and state agencies, and companies are taking to respond to the COVID-19 epidemic: suspensions on foreclosures, evictions, and terminations on telecommunications and utility service, elimination of interest and forbearance on student loan payments and home mortgages, and more. Final Update: Aug. 13, 2020.

Essential Reading for FDCPA Practitioners

Almost every FDCPA (as well as TCPA, FCRA, and TILA) case these days faces a Spokeo challenge. All consumer litigant in federal court must understand the latest Spokeo rulings. This article provides a survey of all circuit court FDCPA Spokeo rulings, as well as setting out key strategic decisions in bringing federal court consumer claims.

Sup. Ct. Sets Standard for Consumer Relief for Collection on Debt Discharged in Bankruptcy

On June 3, the Supreme Court set the standard for consumer recovery of damages, punitive damages, and attorney fees for collection of debts discharged in bankruptcy. This article also explains that judgments on discharged debts are void, describes the advantages of FDCPA remedies, and provides a comparison between remedies for automatic stay violations and discharge violations.

Supreme Court: Class & Federal Claims Can Stay in State Court

A Supreme Court May 28 ruling supports the right of consumers sued in state court to avoid removal to federal court when they bring class or federal claims in that state court action, even against third parties. As examined in this article, the ruling gives consumers some control over the decision whether to litigate in state or federal court.

Supreme Court May 13 Ruling Underscores Advantages of False Claims Act Litigation

A recent Supreme Court decision in Cochise Consultancy is favorable for private litigation under the federal False Claims Act (FCA). This article explains how the decision also underscores that FCA litigation has a number of advantages to challenge consumer abuses compared with class actions under traditional consumer causes of action.

Increase of Federal Bankruptcy Exemptions, Other Dollar Amounts: April 1, 2019

Effective April 1, consumers filing bankruptcy 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.

Emergency Access to Surviving Debt, Other NCLC Resources

Recovery from recent natural disasters and the COVID-19 pandemic creates unusual financial stress on American families. In response, for a limited time, NCLC opens a number of our publication resources free to the public, including Surviving Debt (our one-stop resource for dealing with all types of debt) and a new chapter on homeowner rights because of COVID-19 and natural disasters. Click here for more information and links to the free digital resources.