New Developments

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.

New State Debt Collection Legislation of Interest

This article summarizes a number of recent amendments to state debt collection legislation. This legislation should always be considered in addition to the requirements of the FDCPA.

NCLC Releases New Ninth Edition of Repossessions Treatise: In Print and Online

Repossessions (9th ed. Mar. 2017) (776 pp.) is now available in print and online, updating the 2013 edition with hundreds of new cases and statutory changes—an essential resource re car, manufactured home, or household goods seizures. Subscribers' copies were mailed out late March.

Where Defendant Requires Arbitration but Refuses to Pay for It

Increasingly, consumers forced into arbitration seek to avail themselves of that process, but are frustrated by the defendant’s refusal to pay or otherwise participate in the proceeding. This article describes a state supreme court’s solution—the consumer can then go to court.

Annotate and Highlight Your NCLC Online Treatises

Subscribers can now, for their own future use, annotate text or highlight selected passages of their NCLC online treatises, and then rapidly return to those notes. This article explains these and other new NCLC online features.

The TCPA Year in Review (updated Feb. 6, 2017)

2016 was an exceptionally busy year for the Telephone Consumer Protection Act: Supreme Court decisions, FCC rulings, and extensive new case law. This article summarizes the highlights.

Defendant’s Conduct May Waive Arbitration Requirement

As detailed in this article, a defendant may waive its right to compel arbitration by refusing to pay arbitration fees, by participating in class litigation pre-certification, or by participating too long in an individual or even a related court action.