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Impact of ACA International, Other New TCPA Circuit Court Rulings on Calls and Texts to Cellphones

The D.C. Circuit’s March decision in ACA International v. FCC is sure to be raised in any TCPA case involving unwanted calls and texts to cellphones. This article analyzes what the decision really means and also examines a number of other important 2018 circuit court TCPA rulings.

Effective April 19, New Mortgage Servicing Rights for Heirs, Spouses, and Debtors in Bankruptcy

As explained in this article, effective April 19, CFPB mortgage servicing rules expand the rights of those inheriting homes, awarded a marital home in divorce, or otherwise succeeding in interest to a mortgage loan. The rules also offer an important new right for debtors in bankruptcy to determine if mortgage servicer fees and application of mortgage payments are proper.

NCLC Releases New Fair Debt Collection Edition with Innovative Practice Tool

NCLC’s Fair Debt Collection (9th ed. March 2018) (1774 pp. in two vol.) is available in both print and digital formats. As described in this article, the digital edition includes the FDCPA Case Connector, a unique practice tool allowing incredibly flexible search options to select from over 14,000 FDCPA case holdings.

Last Minute Relief for Foreclosed and Struggling Homeowners Now Filing Their Taxes

As explained in this article, February legislation provides important tax relief to homeowners who faced foreclosure, short sales, or loan modifications in 2017. The Qualified Principal Residence Indebtedness exclusion that had expired after 2016 has been extended, allowing homeowners to continue excluding certain forgiven mortgage debt from taxable income.

How to Draft a Chapter 13 Plan Under the New Rules

Key to drafting a successful chapter 13 plan under the new Bankruptcy Rules is adding “nonstandard provisions” not found on the standardized forms. As set out in this article, NCLC now provides sample language for over thirty-five nonstandard provisions that attorneys can copy/paste into their plans.

The TCPA Year in Review: New Precedent re Challenges to Unwanted Calls, Texts, & Faxes

2017 saw hundreds of new decisions and FCC actions interpreting the Telephone Consumer Protection Act, which provides significant statutory damages for unwanted calls, texts, and faxes. This article outlines the TCPA issues that received the greatest attention in 2017.

Six Key Pointers in Advising Clients at Tax Time

Too often those who are least able to afford it are taken advantage of at tax time. Now that 2017 tax returns can be filed, this article provides six important areas of advice for clients.

Ninth Circuit: Collector Hired by State Agency Cannot Require Arbitration

The Ninth Circuit, on December 27th, ruled that the Federal Arbitration Act does not apply to check diversion company arbitration agreements, because the agreements are, in effect, required by the state. This article explains the ruling and its significant implications for the enforceability of arbitration requirements involving criminal justice debt.

Game-Changing New Bankruptcy Rules Effective December 1

This article examines new bankruptcy rule amendments, effective December 1, that significantly alter chapter 13 practice. The new rules affect the form of the chapter 13 plan, procedures for valuing and voiding liens, filing deadlines for creditor proofs of claim, objections to proofs of claims, and objections to plan confirmation.

Fair Credit Reporting, Ninth Edition, Now Available in Print + Digital Formats

The leading FCRA treatise now includes 2017 changes to reporting of public records data and medical debt, credit freezes and thaws, and thousands of new decisions. Fair Credit Reporting Print + Digital Subscribers will receive copies mid-November; all subscribers have digital access now. Learn more about what’s included, or begin reading Chapter One for free.

Effective October 19, New Rights for Homeowners Seeking Loan Modifications

Critical CFPB rules governing mortgage servicing are now in effect as of October 19. As described in this article, the rules provide essential protections for homeowners applying for loan modifications to avoid foreclosure or otherwise dealing with mortgage servicers.

12 Ways to Avoid Arbitration Even After Congress Overturned the CFPB Arbitration Rule

On October 24 the Senate joined the House in repealing the CFPB Arbitration Rule that would have eliminated forced arbitration clauses containing class action bans in consumer financial contracts. This article lists twelve ways to still defeat a forced arbitration clause, even for class actions.

New Guide to Mortgage Loan Relief for Disaster Victims

Click here for a new listing of Fannie Mae, Freddie Mac, FHA, VA, RHS, and other mortgage loan relief rights for victims of recent hurricanes and other disasters. NCLC provides this online guide for free by placing it in the first chapter of an NCLC treatise. Chapter One of each NCLC treatise is open to the public.

CFPB Issues Final Rule Regulating Payday Loans

The CFPB issued its final “payday lending rule” on October 5, not effective until 2019. This free article describes the rule’s application to high-interest loans and sets out a list of other currently applicable challenges to such lending.

Collection Actions (4th ed. Oct. 2017) Now Available in Print and Digital Formats 

Everything you need to defend lawsuits collecting credit card, medical, or other consumer debt. Print subscribers to Collection Actions receive their copies in mid-October; all subscribers have digital access now. Learn more here about what's included; read the first chapter for free.

What Every FDCPA Practitioner Needs to Know About Spokeo

This article sets out seven essential steps for FDCPA consumer litigants to deal with Spokeo standing challenges, surveys all six circuit court FDCPA decisions on Spokeo challenges, and organizes by FDCPA violation with links to analysis of over 100 federal district court decisions.

Key Steps to Minimize Risk After Equifax Data Breach

Nearly every adult with a credit history is at risk of identity theft after the recent Equifax data breach. In this free article, NCLC offers key advice for consumers, with specific steps that can be taken to minimize the risks—freezes, thaws, fraud alerts, credit monitoring, and more.

Two Novel Ways to Eliminate a Foreclosure

Lenders may lose their right to foreclose by waiting too many years after accelerating the loan or where a prior foreclosure litigation has been dismissed. This article explains these novel defenses and lists other foreclosure defenses.

Over 30 Recent Decisions Interpret New CFPB Mortgage Servicing Regs

New CFPB mortgage servicing rules offer homeowners key protections. In the last year, over thirty significant decisions interpret the new CFPB mortgage servicing rules. This article provides a roadmap to detailed analyses of the recent federal circuit and district court decisions.

Big Changes for Credit Reports, Improving Accuracy for Millions of Consumers

As described in this article, two dramatic changes to consumer credit reporting become effective this summer, scaling back reporting of tax liens, civil judgments, and medical debt. The result will be improved accuracy and higher credit scores for millions of consumers.