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Free articles and analysis from NCLC on the latest in consumer law

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NCLC's treatises and digital library on devices

NCLC Treatises for Housing, Employment, Other Non-Consumer 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.

Using the AAA’s Rules to Defeat Arbitration Requirements

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.

Continued Vitality of 67 Withdrawn CFPB Guidance Documents

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 This article explains the withdrawn documents continued use in consumer litigation and the withdrawal’s justification, and lists the 67 documents, organized by consumer law statute, with links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.

10 Insider Tips to Find Answers to Consumer Law Questions

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.

Supreme Court TCPA Ruling Restricts FCC’s Power

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.

Rule on Bounced Payday and High-Cost Loan Payments Now in Effect

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.

10 Reasons to Give Arbitration a Chance When Blocked from Court

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.

April 1 Increase of Federal Bankruptcy Exemptions, Other Dollar Amounts

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.

Nine New or Revised FTC Rules Released in 2024

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.

Helping Consumers Harmed by Payment Fraud

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.

NHLP to Publish The Green Book 6th Edition in Print

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...

Top Six TCPA/Robocall Developments in 2024/2025

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.

FDCPA: 2024 in Review

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.

New Guidance Restricts Family Liability for Nursing Home Debt

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.

15 Ways to Fight Foreclosure of Zombie Second Mortgages

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.

Extensive Bankruptcy Rules Changes Now In Effect

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.

Homeowner Tactics and Remedies When Insurance Is Force-Placed

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.

When (and When Not) to File Bankruptcy

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.

Twelve Tips for Homeowners After Natural Disasters

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.

Best Practices in Responding to IRS Debt

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.

12 Ways to Recover Even When Lemon Used Cars Are Sold “As Is”

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.

18 CFPB Actions in 2024 Aiding Private Consumer Litigants

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.

Hundreds of Free Practice Aids on the NCLC Digital Library

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.

Consumer Litigation Guide to Supreme Court Rejection of Chevron

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.

Supreme Court Ruling Impacts Consumer Creditors of Bankrupt Companies

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.