New Developments
New Developments
12 Ways to Avoid Arbitration Even After Congress Overturned the CFPB Arbitration Rule
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.
New Guide to Mortgage Loan Relief for Disaster Victims
Click here for a new listing of Fannie Mae, Freddie Mac, FHA, VA, RHS, and other mortgage loan relief rights for victims of recent hurricanes and other disasters. NCLC provides this online guide for free by placing it in the first chapter of an NCLC treatise. Chapter One of each NCLC treatise is open to the public.
CFPB Issues Final Rule Regulating Payday Loans
The CFPB issued its final “payday lending rule” on October 5, not effective until 2019. This free article describes the rule’s application to high-interest loans and sets out a list of other currently applicable challenges to such lending.
Collection Actions (4th ed. Oct. 2017) Now Available in Print and Digital Formats
Everything you need to defend lawsuits collecting credit card, medical, or other consumer debt. Print subscribers to Collection Actions receive their copies in mid-October; all subscribers have digital access now. Learn more here about what's included; read the first chapter for free.
What Every FDCPA Practitioner Needs to Know About Spokeo
This article sets out seven essential steps for FDCPA consumer litigants to deal with Spokeo standing challenges, surveys all six circuit court FDCPA decisions on Spokeo challenges, and organizes by FDCPA violation with links to analysis of over 100 federal district court decisions.
Key Steps to Minimize Risk After Equifax Data Breach
Nearly every adult with a credit history is at risk of identity theft after the recent Equifax data breach. In this free article, NCLC offers key advice for consumers, with specific steps that can be taken to minimize the risks—freezes, thaws, fraud alerts, credit monitoring, and more.
Two Novel Ways to Eliminate a Foreclosure
Lenders may lose their right to foreclose by waiting too many years after accelerating the loan or where a prior foreclosure litigation has been dismissed. This article explains these novel defenses and lists other foreclosure defenses.
Over 30 Recent Decisions Interpret New CFPB Mortgage Servicing Regs
New CFPB mortgage servicing rules offer homeowners key protections. In the last year, over thirty significant decisions interpret the new CFPB mortgage servicing rules. This article provides a roadmap to detailed analyses of the recent federal circuit and district court decisions.
Big Changes for Credit Reports, Improving Accuracy for Millions of Consumers
As described in this article, two dramatic changes to consumer credit reporting become effective this summer, scaling back reporting of tax liens, civil judgments, and medical debt. The result will be improved accuracy and higher credit scores for millions of consumers.
Practice Implications of July CFPB Arbitration Rule, Other Arbitration Developments (updated)
On July 10, the CFPB issued its long-awaited final rule allowing class actions to proceed in court despite arbitration requirements. This article examines the new rule’s practice implications, outlines other arbitration developments, and provides a thumbnail guide to arbitration issues.
FDCPA Coverage of Debt Buyers: Implications of June Sup. Ct. Ruling
The Supreme Court on June 12 in Henson held that debt buyers are not covered under the FDCPA’s second definition of debt collector because they do not collect debts owed to another. This article explains the ruling and details why the FDCPA still applies to debt buyers.
Fannie, Freddie Create New Mortgage Loan Modification Program
With the phasing out of HAMP, Fannie Mae and Freddie Mac have created a new home loan modification program that is now in effect, as detailed in this article.
FDCPA Implications of May 15 Supreme Court Ruling on Abusive Bankruptcy Proof of Claims
This article examines the FDCPA implications of the Supreme Court’s May 15 decision in Midland Funding LLC v. Johnson that a collector filing a bankruptcy proof of claim on a time-barred debt is not an FDCPA violation.
Federal Deception Law (3d ed. May 2017) Now Available in Print and Online
Federal Deception Law's new edition includes major changes to TCPA challenges to robocalls and the latest on CFPB and FTC rules, RICO, debt relief scams, telemarketing, and more. Now available in print and online; print subscribers will receive their free copy in late May.
New Supreme Court Ruling Highlights Use of Discrimination Law to Challenge Predatory Lending
The Supreme Court’s May 1 ruling in Bank of America v. City of Miami allows that city to continue its housing discrimination claims for banks’ predatory lending. This article explains how discrimination law is a useful tool to attack unfair lending practices.
Supreme Court Enters Fray of Nursing Home Arbitration Wars
A May 15 Supreme Court decision is just one of the recent developments concerning arbitration clauses in nursing home contracts. This article explains the decision and other challenges to arbitration requirements in nursing home agreements.
Supreme Court’s March 29 Ruling in <em>Expressions Hair Design</em>: Free Speech and Consumer Regulations
The Supreme Court’s March 29 decision in Expressions Hair Design may spark increased First Amendment challenges to consumer protection regulations. This article explains why the Court’s decision and prior precedents weigh against such challenges.
Significant 2017 Fair Debt Collection Practices Act Developments
Two Supreme Court oral arguments in FDCPA cases, five Circuit Court rulings on the FDCPA and foreclosures, and another on collection of time barred debt are some of the recent FDCPA highlights described in this article.
CFPB Report Details Problems, New Requirements Consumer Reporting Companies Must Implement
As detailed in this article, a March CFPB report sets out serious problems uncovered by exams at the Big Three consumer reporting companies and details significant new reforms that these companies must implement to protect consumers.
FDCPA’s Application to IRS’ New Private Debt Collectors
The IRS has begun hiring private collectors to collect on delinquent tax obligations, and this article explains why these collectors are subject to Fair Debt Collection Practices Act requirements and remedies.