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Schools' Use of Mandatory Arbitration Now Sharply Curtailed; Loan Discharge Rights Expanded

A court has ordered that long-delayed Dep’t of Ed. rules become effective October 16, 2018. This article explains how the rules now: prohibit schools from requiring mandatory arbitration or class waivers of certain student claims, even for preexisting agreements; increase the availability of closed school and false certification discharges; and improve the administrative process for students to raise school-related defenses on their loans.

The Latest on Metro 2: A Key Determinant As to What Goes Into Consumer Reports

Billions of pieces of information that creditors, debt collectors, and other “furnishers” of information send to credit reporting agencies are in a standard format called Metro 2. This article links to updated and expanded information on creditors’ liability when they report consumer data in a non-conforming manner that leads to inaccurate consumer reports.

NCLC Releases 6th Edition of Automobile Fraud in Print and Digital Formats

Automobile Fraud (6th ed. Oct. 2018) (582 pp.) is available in print and digital formats, with the latest developments on investigating automobile fraud, title transfers, odometer fraud, undisclosed sale of wrecked and flood vehicles, lemon laundering, yo-yo sales, punitive damages, and more. Subscribers can access the digital edition now, and print subscribers receive their books in late October. The first chapter is available to all, free of charge.

Groundbreaking New Ninth Circuit TCPA Decision on Autodialers

The definition of an autodialer is key to providing effective TCPA remedies and to stopping the onslaught of unwanted calls to Americans’ cellphones. This article examines a new groundbreaking Ninth Circuit decision and other very recent case law defining auto dialer.

Fannie and Freddie Foreclosures Must Meet Constitutional Due Process Standards

As explained in this article, an August federal court decision finds that Fannie Mae and Freddie Mac are state actors, meaning their foreclosures must meet constitutional due process standards. This ruling thus has the potential to reshape most foreclosures in the majority of states that allow nonjudicial foreclosures.

Deciding Whether to File for Bankruptcy: Consumer Debt Advice from NCLC

This article helps families in financial distress decide whether to file bankruptcy: what bankruptcy can and cannot do, the best time to file for bankruptcy, when it is the wrong choice, whether to file under chapter 7 or 13, bankruptcy’s cost, and common misconceptions about bankruptcy.

Congress Amends Eight Consumer Statutes

On May 24, the President signed legislation amending eight consumer statutes—everything from rights of tenants in foreclosed property to mortgage originations to private student loans to credit reporting. This article highlights the changes—both harmful and helpful for consumers.

The Latest TCPA Decisions on Robocalls

Significant decisions on the TCPA—allowing $500 damages ($1500 if willful or knowing) for each unwanted robocall or robotext—pour in almost daily. This article summarizes the very latest developments on the definition of “autodialer” (the key TCPA issue today), the limited impact of arbitration requirements, revocation of consumer consent, and more.

Shortening the Limitations Period on Credit Card Collection Lawsuits

A July 27, 2018 Arizona Supreme Court decision is the latest ruling to offer consumers new ways to argue for a shorter limitations period when defending a credit card collection action. This article examines which statute in a state applies, which state’s limitations period applies, when the period begins, and when it is tolled or revived.

Essentials About Credit Reporting: Consumer Debt Advice from NCLC

This article sets out what families in financial trouble need to know about their credit report and credit score: how they work, when non-payment most affects a credit score, who sees the credit report (and who does not), how to review your own credit report, coping with a blemished report, and rebuilding your credit.

Student Loan Repayment Rights: Consumer Debt Advice from NCLC

This article details rights to cancel, reduce, and delay federal student loan payments, how to get out of default short of making back-due payments, as well as the methods the government has to enforce payment. Student options concerning private student loans are also examined.

NCLC Releases 7th Edition of Credit Discrimination in Print and Digital Formats

Credit Discrimination (7th ed. August 2018) (500 pp.) is available in print and digital formats, updating the 2013 edition with the latest changes regarding ECOA, Fair Housing, and state discrimination laws, including disparate impact, reverse redlining, and rights of spouses. Subscribers can access the digital edition now, and print subscribers receive their books in late August. The first chapter is available to all, free of charge.

Ten Tips on Winning Spokeo Challenges in FDCPA Litigation

Since the Supreme Court’s Spokeo decision, expect an Article III standing challenge in almost every FDCPA case. This article provides ten tips to overcoming Spokeo challenges and links to an up-to-the minute digital analysis, including almost 100 new court decisions since the March 2018 release of the print edition of NCLC’s Fair Debt Collection.

NCLC Releases 6th Edition of Consumer Banking and Payments Law in Print and Digital Formats

Consumer Banking and Payments Law (6th ed. July 2018) (924 pp.) is available in print and digital formats, updating the 2013 edition with the latest changes on how payments are made, including: prepaid cards for wages, public benefits, and general use; electronic transfers; remotely created checks; and mobile payments. Subscribers can access the digital edition now, and print subscribers receive their books in late July. The first chapter is available to all, free of charge.

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.

Stopping Debt Collection Harassment: Consumer Debt Advice from NCLC

This article explains the limits on what a debt collector can do, sets out 8 ways to stop debt harassment—including 4 sample letters, lists illegal collection practices, and explains how to hire an attorney to sue the collector for damages.

Defending a Home from Foreclosure: Consumer Debt Advice from NCLC

This article, explains a homeowner’s general rights to defend or delay a pending home foreclosure, how a chapter 13 bankruptcy can avoid foreclosure, the homeowner’s rights after the foreclosure sale, and additional rights to deal with nine special types of foreclosures.

Dealing with Medical Debt: Consumer Advice from NCLC

Medical debt is pervasive in our society, even among those with insurance. This article provides advice for consumers on their best strategies and rights to deal with their medical debt. We encourage readers to share this article with clients, counselors, and others working with families in financial distress.

Unpaid Taxes Owed to the IRS: Consumer Debt Advice from NCLC

This article sets out consumer rights and tactics when past-due taxes are owed to the IRS, including how to reduce or pay your tax debt over time and a spouse’s legal obligation. Also covered are why you should file your tax return even if you cannot pay your taxes, steps the IRS takes to enforce a tax debt, and the impact of a bankruptcy filing.

Current Options to Lower Mortgage Payments: Consumer Debt Advice from NCLC

This article explains options homeowners in financial trouble currently have to delay or reduce their mortgage payments. The latest guidelines are set out for Fannie Mae, Freddie Mac, FHA, VA, and RHS mortgage loans. The article also provides advice on applying for these options and deciding which option to select.