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.
Already in 2024, the CFPB has issued 18 interpretations, rules, and enforcement actions that will aid private consumer litigation. This article explains these actions involving contracts for deed, mortgage and student loan servicing, credit reporting, new forms of credit, debt collection, auto financing, banking, remittances, credit cards, digital shopping, appraisals, unenforceable contract terms, and more.
The NCLC Digital Library contains a massive amount of free consumer law practice aids, in addition to the 21 NCLC treatises requiring a subscription. This article describes twelve available types of free resources, including free access to Surviving Debt, Federal Practice Manual for Legal Aid Attorneys, a student loan toolkit, eleven consumer law practice checklists, and 21 chapters and over 70 appendices from NCLC treatises.
Two just-decided Supreme Court rulings facilitate industry challenges to federal agency rules. This article examines the implications of these decisions for consumer attorneys bringing federal rule-based claims where defendants now argue the rule is invalid or inapplicable. The article recommends eight steps to respond to these Supreme Court decisions to preserve the consumer’s claims.
A June Supreme Court ruling disallows a scheme by individuals to use a corporate bankruptcy of their closely held business to evade individual liability for fraud, UDAP, and tort claims. This article explains the holding’s implications for consumer claims involving corporations in bankruptcy and lists 12 steps victimized consumers can take to preserve their rights when faced with a corporate bankruptcy filing.
A May 30 Supreme Court decision limits federal preemption of state laws affecting banks, with broad implications for consumer credit and banking litigation. This article explains the Supreme Court decision’s key takeaways and practice implications, and then lists state laws unlikely now to be preempted. The article also lists transactions where federal banking preemption never applies.
NCLC has just released a new Student Loan Toolkit, a free online resource, and an essential aid in advising student loan borrowers nationwide. It includes fillable forms to collect key information and point to next steps based on that data. This article describes the toolkit and explains how best to use it, as well as listing other essential resources to advise student loan borrowers.
A May 16 Supreme Court ruling makes it almost impossible to appeal a federal court ruling enforcing an arbitration provision. This article explains not only the ruling’s negative consequences, but also, surprisingly, the advantages the ruling presents for consumers and workers. The article also sets out five approaches still available to reverse a decision enforcing an arbitration provision despite the Supreme Court ruling.