The TCPA Year in Review
2016 was an exceptionally busy year for the Telephone Consumer Protection Act: Supreme Court decisions, FCC rulings, and extensive new case law. This article summarizes the highlights.
Defendant’s Conduct May Waive Arbitration Requirement
As detailed in this article, a defendant may waive its right to compel arbitration by refusing to pay arbitration fees, by participating in class litigation pre-certification, or by participating too long in an individual or even a related court action.
New Defenses to Student Loan Repayment Based on School Misconduct and Closures
This article describes Oct. 28 Department of Education rules providing key new rights for student loan borrowers: arbitration limits, school-related defenses to loans, and strengthened closed school and false certification discharges.
NCLC Releases Unfair and Deceptive Acts and Practices (9th ed.)—Print and Online
NCLC has just released in print and online Unfair and Deceptive Acts and Practices (9th ed. Dec. 2016) (1011 pp.). This article sets out what subscribers and non-subscribers should know about the new edition.
FTC Amends Used Car Rule; How to Challenge "As Is" Car Sales
On November 10, the FTC issued a final regulation amending its Used Car Rule. This article explains the rule changes and then lists 15 ways in which a consumer can bring an action for a defective used car despite an “as is” disclaimer.
Ban on Arbitration of Nursing Home Disputes Preliminarily Enjoined
A Mississippi federal court on November 7 preliminarily enjoined a new federal rule that would have banned arbitration clauses in nursing home and other long-term care contracts, as described in this updated article.
How to Prepare for the End of HAMP
This article highlights steps to take to prepare for the end of HAMP and other Making Home Affordable programs that sunset at the end of 2016. Reference can also be made to Treasury Supplemental Directive 16-02 and 16-03.
NCLC Releases Consumer Class Actions (9th ed.)—Print and Online
NCLC has just released the Ninth Edition of our popular Consumer Class Actions treatise, with recent major developments in class action law. This article sets out what subscribers and non-subscribers should know about the new edition.
Ruling on CFPB’s Unconstitutionality Leaves Agency Intact
The DC Circuit’s October 11 decision in PHH Corp. that the Consumer Financial Protection Bureau is unconstitutional will have far more limited impact on the agency than one might presume, as explained in this article.
New NCLC Chapter on Criminal Justice Debt
The online version of NCLC’s Collection Actions treatise has added an all-new chapter 10a on representing consumers with criminal justice debt—too often overlooked, but a major problem for millions of Americans. This article describes the chapter’s highlights.
Starting Oct. 3, New Consumer Rights for 3 Million Servicemembers & Dependents
Effective October 3, Department of Defense rules limit interest rates to 36%, prohibit arbitration, and provide strong private remedies for all non-purchase money, closed end credit offered to the country’s 3 million servicemembers and their dependents, as described in this article.
Prepaid Card Rule Latest Regulation of Fast-Changing and Novel Payment Devices
Not just the UCC anymore. As described in this article, CFPB, FTC, Treasury, NACHA, other rules are catching up to today’s novel ways payments are made to and from consumers: payroll, prepaid, gift, college, debit, Direct Express, and EBT cards, mobile wallets, P2P transfers, remittances, EFT, and much more.
Continually Updated Analysis and Briefs Responding to Supreme Court’s Spokeo Ruling
One of today’s hottest litigation issues is standing in federal cases seeking statutory damages, in light of this term's Supreme Court’s Spokeo decision. As explained in this continually updated article, NCLC provides ongoing Spokeo analysis, briefs, and over 40 new case citations, for subscribers and even non-subscribers.
Over 500 New FDCPA Case Summaries Added to Fair Debt Treatise
NCLC has just published online over 500 new FDCPA case summaries at Fair Debt Collection Appx. J. This appendix is one of NCLC’s most popular litigation tools—over 10,000 FDCPA case summaries broken down by over 100 categories and then often by state or by court. An essential tool for any FDCPA litigator.
Recent Cases Interpret New CFPB Mortgage Servicing Rules
How to win RESPA claims under the CFPB’s new mortgage servicing rules, including avoiding the “one-bite” rule for loss mitigation applications and responding to the "exclusive address" trap for RESPA inquiries. For more new tips, see the online version of Foreclosures and Mortgage Servicing ch. 3.
New Developments Limit Arbitration of FDCPA Claims Against Debt Buyers
This article highlights two key new developments limiting arbitration of FDCPA and other claims against debt buyers and collectors: a AAA letter about Midland Funding and an important Eleventh Circuit ruling.
FTC Bans Telechecks, Other Abusive Payments in Telephone Sales
As described in this article, effective June 13, the FTC has banned the use of telechecks, other remotely created orders, “cash-to-cash money transfers,” and “cash reload mechanisms” when goods or services are sold to consumers using the telephone.
Exciting New Features Added to NCLC’s Digital Library
New features have just been added to our online treatises—the option to view search results ordered by section number (instead of by relevance) and flags to help you pinpoint just updated sections and significant law changes. This article contains tips on using these new features.
Four Very Recent FDCPA Decisions from the Circuit Courts
Fair Debt Collection Practice Act litigation is one of the most active types of consumer litigation in the federal courts. This article summarizes four FDCPA circuit court decisions, from this May and June.
New Rules Limit Fees and Use of Campus Prepaid Cards, Effective July 1
A new Department of Education rule, effective July 1, limits fees for campus prepaid cards used to dispense financial aid credit, preventing schools from profiting from students’ access to their financial aid benefits, as described in this article.