New Developments
New Developments
New Student Loan Discharges, Restitution, and Payment Pause Extension
This article explains the implications two new student loan developments. A Navient settlement discharges on average $25,000 of debt for 66,000 private student loan borrowers and provides $260 restitution to 365,000 federal Direct Loan borrowers. The Department of Education has extended its suspension of federal student loan payments until May 1, 2022, with the balance accruing at zero percent interest.
New 10th Edition of Fair Debt Collection—Totally Rewritten with New Reg. F
The just-released digital 10th Edition of Fair Debt Collection, is the definitive Fair Debt Collection Practices Act treatise, now completely reorganized, rewritten, and updated, with analysis of CFPB Regulation F and also the “FDCPA Case Connector” allowing instant access to 15,000 case summaries. Four other chapters examine tort, state and federal statutory, and bankruptcy claims for collection abuse. Read chapter one here.
The FDCPA Year in Review: 2021
This article reviews a very active 2021 concerning the Fair Debt Collection Practices Act (FDCPA): significant new FDCPA regulations took effect, a Supreme Court decision significantly impacts standing in FDCPA cases, and 21 appellate court panels issued important FDCPA published decisions.
Consumer Law Rights Taking Effect In 2022
In 2022 significant new federal and state consumer law rights will be effective, and other rights are set to expire or have been extended. This article sets out, as of January 1, 2022, the effective dates for all of these changes, including changes effective from November 30, 2021 through January 1, 2023.
Free Access to Just-Updated Chapter on COVID-Related Homeowner Protections
This article provides links to the latest COVID-related homeowner protections for different types of mortgages and homeowner financial circumstances. Links go to an extensively updated NCLC chapter, which is, for a limited time, free to the public. Also linked is a discussion of an important foreclosure defense based on servicer noncompliance with these homeowner protections.
Now Available: Federal Deception Law, Fourth Edition
Federal Deception Law (4th ed. 2022), now available in digital format on the NCLC Digital Library, covers essential private remedies for marketplace deception: two all-new chapters on the TCPA and robocalls; the definitive analysis of lender liability under the FTC Holder Rule; federal and state RICO; false claims acts; the surprisingly expansive Telemarketing Sales Rule; debt relief scam remedies, and much more. Learn more and read Chapter One on the NCLC Digital Library.
Now Available: Repossessions, Tenth Edition
Repossessions (10th ed. 2022) is now available in digital format on the NCLC Digital Library. Repossessions is the definitive treatise on consumer rights concerning motor vehicle, manufactured home, and household goods repossessions and deficiency claims—including defenses, substantial statutory damages and affirmative recoveries, and class actions. Learn more and read Chapter One for free here.
Defending Nursing Home Collection Lawsuits
Nursing homes too often sue without justification not only residents, but family members or caregivers for amounts that can exceed $100,000. This article introduces defenses that residents and especially third parties can raise to these collection lawsuits. Affirmative claims that can be brought against the collection attorney and nursing home are examined, and additional resources are provided.
Twelve Reasons to Bring Reverse Redlining Claims Against Predatory Lenders
This article provides 12 reasons for bringing reverse redlining claims against predatory lenders, under the Equal Credit Opportunity, Fair Housing, and/or Civil Rights Acts. Reverse redlining targets predatory practices at communities of color or other protected groups, whether or not better terms are offered elsewhere. Recent cases bringing reverse redlining claims are included.
Emergency Access to Surviving Debt, Other NCLC Resources
Recovery from recent natural disasters and the COVID-19 pandemic creates unusual financial stress on American families. In response, for a limited time, NCLC opens a number of our publication resources free to the public, including Surviving Debt (our one-stop resource for dealing with all types of debt) and a new chapter on homeowner rights because of COVID-19 and natural disasters. Click here for more information and links to the free digital resources.
Practice Implications of June 25 Supreme Court Ramirez Decision
The Supreme Court’s June 25 Ramirez decision reshapes constitutional standing for federal court FCRA, FDCPA, TILA, TCPA, RESPA and other individual and class cases based on consumer statutes. This article details Ramirez’s practice implications for varied types of consumer injury, provides pleading and proof tips, and explains how initiating a case in state court may alleviate standing problems.
Now Available: Unfair and Deceptive Acts and Practices, Tenth Edition
Unfair and Deceptive Acts and Practices (10th ed. 2021) (1,056 pp.) is now available in both print and digital format on the NCLC Digital Library. This is an essential revision of the most important consumer law statute in all 50 states, adding thousands of new federal and state cases since the last edition. Learn more and read Chapter One for free here.
Fourteen New Federal Actions Protecting Mortgage Borrowers
In one short month—from June 24 to July 23, 2021—the White House, FHA, VA, USDA, and FHFA (for Fannie Mae and Freddie Mac) have announced 14 separate actions helping mortgage borrowers facing financial hardship from the pandemic. This article summarizes each of the 14, links to the full text of each action, and links to specific subsections of NCLC’s Mortgage Servicing and Loan Modifications for background detail on the subject of each action.
Corporate Bankruptcy 101 for Consumer Attorneys (New Free Flow Chart)
Corporate bankruptcies pose unique challenges and opportunities for attorneys representing students at predatory schools, tenants, homeowners with mortgages, and consumers of goods, services, or credit. An online interactive flow chart is now open to the public, Corporate Bankruptcy 101 for Consumer Litigators. This article links to and describes how the free flow chart provides step-by-step instructions on representing consumers in corporate bankruptcies.
Implications of New CFPB Bulletin on Consumer Reporting of Renters
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: Protecting the Monthly Child Tax Credit Payments from Creditors
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.
Now Available: Surviving Debt, 2021 Edition
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.
New Protections from Foreclosure of Reverse Mortgages
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.
Bankruptcy’s Role in Alleviating Criminal Justice Debt
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.
Manufactured Home Creditors’ Unique Exposure to Consumer Claims
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.