This article examines the most significant 2025 Fair Debt Collection Practices Act (FDCPA) developments, including summaries of all reported FDCPA circuit court of appeals decisions, a discussion of withdrawn guidance at the CFPB, and the just-released Eleventh Edition of NCLC’s Fair Debt Collection treatise.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.
This article explains why earned wage payday loans, while growing rapidly, are unsuccessful in evading federal and state consumer lending laws, resulting in significant private remedies under TILA, the Military Lending Act, state credit laws, and state UDAP statutes. The article describes the companies involved, the nature of the loans, and five recent court decisions supporting company liability.
The CFPB has issued an October 28 interpretive rule suggesting that the Fair Credit Reporting Act (FCRA) preempts the growing number of state laws limiting medical debt credit reporting. This article explains why that interpretation has limited effect and is seriously flawed. The article also explains the limits of FCRA preemption and provides suggestions to avoid preemption risks when drafting state laws.
This article advises homeowners on steps to take after natural disasters: addressing immediate needs; FEMA aid and other sources of help and grants; avoiding insurance, home repair, and municipal code problems; floodplain requirements; handling long-term financial difficulties; and preparing for the next natural disaster.
Electronic agreements in consumer transactions are on the rise, raising enforceability issues, especially for e-signatures gathered in person and for such terms and conditions as limitations on a consumer's remedies, whether the consumer has agreed to an arbitration clause or consented to receive robocalls and texts. This article sets out six keys to challenging electronic terms and conditions.
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.
One of the hottest consumer law topics is whether medical debt should be included on credit reports. A CFPB rule, 15 recent state statutes, and credit bureau voluntary actions all limit medical debt in credit reports. This article updates the very latest developments on all three fronts: litigation involving the CFPB rule; newly enacted state legislation and federal preemption; and credit bureaus’ voluntary actions.
This article discusses the massive Reconciliation Bill signed into law on July 4, which cuts essential medical and food benefits for millions of Americans, increases costs for student loan borrowers, and eliminates incentives for energy-efficient investments, among its other provisions. The article focuses on provisions of special interest to consumer law practitioners and legal services attorneys.
The NCLC Digital Library is not just for consumer lawyers. This article describes the NCLC Digital Library’s practice manuals that are of special utility for attorneys practicing in areas outside of consumer law: landlord-tenant law; employment law; public benefits law; family law; criminal law; and class actions.
A Supreme Court decision on June 20 has significantly reshaped how courts may interpret future Telephone Consumer Protection Act (TCPA) cases by fundamentally altering the way in which courts construe FCC orders and rules. This article discusses the case, its implications, and what practitioners should argue in litigation moving forward.
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.