Millions of collection lawsuits result in court judgment debt, where creditors can garnish wages, benefits, and bank accounts, and even seize cars, homes, and other property. This article sets out consumer rights and strategies to limit these creditor remedies.
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.
Access to Utility Service (6th ed. May 2018) (692 pp.) is now available in print and digital formats, updating the 2011 edition with regulatory and statutory changes and technological developments—an essential resource on gas, electric, water, and telecommunications service. Subscribers can access the digital edition now, and print subscribers receive their books in early June.
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.
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.
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.
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.
Over six million consumers are in imminent danger of their car being repossessed. This article provides advice for consumers on preventing car repossessions, steps to take after a vehicle’s repossession, and responding to the creditor’s demand for additional payment after a repossession.
Reverse mortgages are one way that families in financial distress can tap into the equity in their homes to meet their needs. This article provides advice for consumers on who should consider a reverse mortgage, how it works, foreclosure risks, impacts on spouses, partners, and heirs, and whether it is a good idea.
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’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.
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.
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.
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.
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.
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.
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.
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.
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.
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.