On May 22, the Supreme Court overruled nine circuits in holding that a defendant’s waiver of arbitration must be treated like any other contractual right. No showing of prejudice to the plaintiff need be shown. This article examines the decision and arbitration waiver law generally. Importantly, also considered are the decision’s implications to assist a broad array of challenges to arbitration requirements.
This article explains why an April 28, 2022, Supreme Court ruling concerning the unavailability of emotional distress damages applies only to four federal discrimination statutes, links to practice tips when otherwise seeking emotional distress damages, and considers whether emotional distress alone is sufficient for federal court constitutional standing.
This article examines an April 21, 2022, Supreme Court decision with important application to the equitable tolling of limitations periods found in federal consumer statutes. The article explains when equitable tolling should be available, lists actions justifying equitable tolling, and considers other approaches to extending limitations periods, including the fraud discovery rule.
This article examines the new Affordable Connectivity Program (ACP) access to broadband for low-income household. The article explains what the ACP offers, who can obtain benefits, and how to apply. With over 11.5 million households already enrolled in ACP, consumer practitioners need to know how to help clients with enrollment and to advise those already enrolled as to their rights. As the COVID...
The most widely used index for adjustable-rate consumer contracts, the LIBOR, will soon cease to exist. This article explains new legal requirements that will apply when creditors are forced to change the index and margin on $1.4 trillion of adjustable-rate consumer contracts—millions of home mortgages, home equity lines of credit (HELOCs), credit cards, and private student loans. March 15 federal...
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. This article explains what they are, why they are now such a problem, and twelve ways homeowners can stop foreclosures of zombie mortgages. For even more detail, see a new Chapter 11a in NCLC’s Home Foreclosures. What Are Zombie...
The Supreme Court’s decision in TransUnion L.L.C. v. Ramirez, 141 S. Ct. 2190 (2021), creates serious constitutional standing obstacles for consumer litigation in federal court, particularly for class actions and claims seeking statutory damages. As explained in another NCLC article, Ramirez held that a credit reporting agency’s false identification of class members as terrorists did not cause...
Effective April 1, consumers filing bankruptcy 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.
Only about half the states are now accepting homeowner applications for payments from the Homeowner Assistance Fund (HAF), and few funds so far have been distributed. At the same time, because of the end of many COVID-19 related homeowner protections, large numbers of homeowners may soon face foreclosure. This article explains which homeowners are eligible for HAF payments and explores solutions...
A Congressional amendment, a First Circuit decision, two CFPB administrative issuances, a CFPB report, and a Veterans Administration rule all will have significant consequences for consumer reporting under the Fair Credit Reporting Act (FCRA). This article provides the highlights of these recent developments and their implications for consumers, advocates, and FCRA practitioners.
Widespread misrepresentation about private student loans not being dischargeable in bankruptcy leads to significant consumer remedies. This article explains how to tell if a private student loan is dischargeable in bankruptcy, and sets out remedies where creditors misrepresent that a loan is non-dischargeable or continue collection after a bankruptcy discharges the loan. Other claims are listed against private student loan lenders.
This article provides advice to consumers in dealing with debt collectors, taking into consideration new consumer rights and new consumer risks flowing from federal rules that just went into effect on November 30, 2021. The article: provides nine ways to stop debt harassment, with sample letters; explains the limits of what collectors can really do; and lists illegal debt collection conduct that can lead to consumer claims.
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.
This article provides tenant tactics to deal with rental debt: responding to negative tenant screening reports that prevent access to new housing; challenging the rental amount claimed as due; other defenses to rental debt collection lawsuits and eight ways for the tenant to recover attorney fees in that litigation; tenant rights after a court judgment for the landlord; and tenants’ affirmative litigation for the collector’s litigation abuse.
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.
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.
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.
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.
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.
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.