A looming rental eviction crisis also will have severe consequences for evicted renters' credit and tenant screening reports, blocking renters' access to future housing. This article explains the implications for private FCRA litigants of a July CFPB bulletin that enumerates both longstanding abusive tenant reporting practices and new problems brought on by the pandemic.
Starting July 15, families will receive each month an advance child tax credit up to $300 per child per month. This article examines existing consumer protections to safeguard payments from judgment creditors’ bank account garnishment and from the United States’ intercept to repay defaulted federal student loans. The article also considers tactics to protect paper check payments from garnishment.
A leading resource for over 25 years, this fully updated, 2021 edition of Surviving Debt provides precise, practical, and hard-hitting advice from the nation’s consumer law experts on how to deal with crushing debt affecting millions of Americans. New to the 2021 edition, consumer rights arising from the COVID-19 pandemic relating to home mortgages, landlord-tenant law, utilities, and student loans. Learn more here.
A May 6th HUD guidance provides new protections allowing non-borrowing spouses to remain in a home after the spouse borrowing on a reverse mortgage moves to a long-term care facility or passes away. This article details the new protections, examines other foreclosure risks with a reverse mortgage, and sets out borrower rights and strategies to avoid those additional risks of foreclosure.
Unpaid criminal justice debt can have draconian consequences, and this article explains how a bankruptcy filing can sometimes be effective in reducing that debt. Although criminal fines and restitution orders are not dischargeable in bankruptcy, other portions of a filer’s criminal justice debt may be dischargeable. The article also links to several resources covering this topic: a free May 13 webinar, a recent report, and NCLC treatises.
This article examines nine ways that manufactured home creditors face unique legal exposure to consumer claims and remedies, including recent developments that may increase such creditor liability. Examples are a federal ban on arbitration clauses in manufactured home credit, special statutes making manufactured home creditors liable for warranty violations, statutory damages of tens of thousands of dollars for UCC Article 9 violations, and more.
New March 27, 2021, bankruptcy legislation now extends the sunset dates of the three CARES Act bankruptcy provisions. This article explains the new law and then provides a “cheat sheet” listing all ten of the COVID-19 related bankruptcy provisions by sunset date, with links to more detail for each provision and also Public Law and U.S. Code citations.
A favorable March 25, 2021, Supreme Court ruling allows consumers to bring claims in their home state against out-of-state companies, even where the companies had no contact with the consumer in the consumer’s state of residence. This article explains the Court’s holding and then suggests nine types of cases where the ruling can help advance consumer litigation.
This article examines the consumer law implications of the March 11, 2021, American Rescue Plan Act: how to protect stimulus payments from garnishment and a bankruptcy trustee; student loan forgiveness being no longer taxable; relief for utility arrearages and payments; help for homeowners and renters; and help with broadband and water bills.
A January 14, 2021, Supreme Court decision alters the practice of consumer bankruptcy law as to repossessed property. This article explains the Supreme Court’s ruling and how the consumer bankruptcy practitioner should respond to the ruling’s implications, including the use of four new sample pleadings found in NCLC’s recent digital update to our bankruptcy treatise.
NCLC’s new chapter on homeowner rights during the COVID pandemic is free to the public for a limited time period. This article summarizes the new chapter, covering the very latest rights and options for those with Fannie Mae, Freddie Mac, FHA, VA, RHS, or other mortgages. The chapter being open to the public, all readers can now follow links in the article to more detail in the chapter text.
Increasingly, companies seek to bind consumers to arbitration, consent to robocalls, and other terms and conditions through the consumer’s actions on a website. This article reviews an important January court decision, describes surprising facts about bots and “click farms,” and sets out a series of practical steps to challenge consumer assent to terms found on a website.
New rules interpreting the Fair Debt Collection Practices Act that go into effect November 30, 2021, are a good reason to review existing law as to suits and collection contacts concerning time-barred debt. This article discusses those aspects of the new rules related to time-barred debt and also provides an overview of existing law in the area.
This article explains the new consumer bankruptcy protections found in the Consolidated Appropriations Act that were effective December 27, 2020: the availability of a chapter 13 discharge despite missed payments, protection of stimulus payments from the bankruptcy trustee, no discrimination of debtors in bankruptcy from CARES Act protections, continued utility service without a deposit, and more.
Consumer Warranty Law (6th ed. January 2021) (1,012 pp.) is now available in both print and digital format on the NCLC Digital Library. It is the definitive consumer litigation treatise concerning defective new and used cars (including leased vehicles), manufactured homes, new homes, home improvements, automobile repairs, service contracts, assistive devices, and more. Learn more and read Chapter One for free here.
In 2021 many significant consumer law changes will be effective and a number of programs that were to expire have been extended. This article sets out those changes and extensions that are scheduled as of January 1, 2021, including changes effective from December 1, 2020 through January 1, 2022.
Last Updated: Feb. 26, 2021.
This article explains scammed consumers’ best approaches to retrieve their money, depending on the method used for its payment. The article covers unusual payment methods preferred by scammers, such as gift cards, wires, prepaid cards, remotely created payment orders, express mail of cash and money orders, and not just credit or debit cards.
This article reviews four amendments to the bankruptcy rules, a number of changes to the bankruptcy forms, and filing fee and other fee increases that all take effect on December 1, 2020. One of the rule changes has the potential for cost savings for debtors and their attorneys in chapter 13 cases. Also of note, filing fees for chapter 7 and 13 cases are increasing modestly.
Consumer Credit Regulation (3d ed. November 2020) (1040 pp.) is now available in both print and digital format on the NCLC Digital Library. This treatise covers credit cards, payday loans, auto finance, and other non-mortgage credit. Subscribe now for instant access to this treatise. Learn more and read Chapter One for free here.
Collection Actions (5th ed. Oct. 2020) (778 pp.) is now available in both print and digital format on the NCLC Digital Library. This is the definitive manual on defending lawsuits to collect credit card and other consumer debt, including special tactics for medical, government, and criminal justice debt. Subscribe now for instant access to this treatise. Learn more and read Chapter One for free here.