The Supreme Court this December clarified when the Fair Debt Collection Practices Act’s one-year statute of limitations begins to run. This article explains the practical import of the Court’s decision and considers other issues concerning the FDCPA’s limitations period, as well as alternative approaches where the period has run.
About 94% of employers and 90% of landlords contract for criminal background checks to evaluate prospective employees and tenants, but these reports are riddled with errors, including erroneous reports of criminal convictions. This article describes widespread errors in criminal background check reports and examines applicable FCRA claims and remedies for these errors.
This article provides step-by-step advice on how to successfully proceed in arbitration. When a challenge to an arbitration requirement fails, proper client representation may require resorting to arbitration as the only available avenue for relief. Every consumer attorney should be prepared to arbitrate a case—the right case before the right arbitrator will produce excellent results.
This article describes important new legislation providing added protections for veterans, servicemembers, and their dependents in bankruptcy cases. It also analyzes new bankruptcy rules, effective December 1, 2019, and a must-read Fifth Circuit decision on the ability to discharge private student loans.
This article explains the implications for private litigation of a significant change, effective January 1, 2020, to the federal statute providing remedies for odometer and vehicle titling fraud. Older vehicles formerly exempt will now be covered by strict requirements whose violation will lead to powerful consumer remedies, including $10,000 minimum damages, treble damages, and attorney fees.
This article explains what every attorney needs to know about protecting clients from wage garnishment and seizure of public benefits, wages, and other funds in bank accounts. The article explains how to both evaluate and reduce a consumer’s exposure to these post-judgment remedies, considers the special case of federal student loans, and details important federal and state law protections in each of the 50 states.
Consumer Bankruptcy Law and Practice (12th ed. 2020) (1,776 pp. in two volumes) is now available, both in print and in digital format on the NCLC Digital Library. The definitive consumer bankruptcy treatise is updated with the latest case law and changes to the Bankruptcy Code, initial forms, bankruptcy rules, and means test data. Subscribe now for instant access to this treatise. Learn more and read Chapter One for free.
As discussed in this article, a slew of 2019 court rulings are reshaping private litigation against robocallers. The federal student loan collectors’ exemption was declared unconstitutional; the Supreme Court issued smoke signals on the weight given FCC orders; the TCPA was ruled applicable to new types of robocalls; cases interpreted whether predictive dialers are covered; and Spokeo challenges generally lost.
Student Loan Law (6th ed. October 2019) (744 pp) is now available, both in print and in digital format on the NCLC Digital Library, with the latest on repayment options, deferments, tax intercepts, private student loans, challenges to collection and servicing abuses, private student loans, predatory schools, and more. Learn more, read the first chapter, and subscribe here.
Mortgage Lending (3d ed. September 2019) (936 pp) is now available, both in print and in digital format on the NCLC Digital Library. The new edition covers all you need to know on mortgage origination, preemption, and litigation. Learn more and read Chapter One for free here. All subscribers have digital access now, and Print + Digital subscribers will receive their print revisions in early October.
This article sets out homeowner rights when homeowners get behind on their mortgage payments after a natural disaster. The article includes the new FHA policy and an overview of options for Fannie, Freddie, FHA, VA, and RHS loans, plus steps the homeowner should take to obtain relief.
NCLC just added four new features to our powerful digital search engine. This article describes the new features and provides—for both subscribers and for the general public—a quick guide to unleashing all the advantages of NCLC’s search engine to find consumer law topics, sample pleadings, and primary source material.
Truth in Lending (10th ed. September 2019) (2,010 pp., 2 volumes) is now available, both in print and in digital format on the NCLC Digital Library. The definitive Truth in Lending resource provides crucial updates from the nation's TILA experts. Learn more and read Chapter One for free here. Print + Digital Subscribers will receive their print copies later this month and all subscribers have digital access now.
Recent circuit and district court decisions find federal preemption inapplicable to many state law deception claims against student loan servicers. The article lists common servicer abuses, explains how the new cases reject the Department of Education’s preemption claims, and analyzes which state law claims will be most effective in seeking remedies from student loan servicers.
This article examines three June actions showing how state law can help consumers respond to arbitration clauses: a Ninth Circuit ruling that public injunctive relief provided by a state statute must be available either in court or in arbitration, a state supreme court’s limit as to when non-parties can enforce arbitration agreements, and a Vermont statute helping consumers challenge unconscionable arbitration clauses.
This article examines new and old ways to maximize attorney fee recoveries where the consumer has used the FTC Holder Notice to sue a creditor based on seller-related claims. The article also debunks five myths that are often used to try to limit consumer recoveries under the FTC Holder Notice.
A May 2019 Eleventh Circuit decision provides an important illustration of how a consumer can end up in court (even in a class action) when the business does not comply with the arbitration provider’s rules. This article sets out practice tips on how a company’s failure to pay arbitration fees or meet other requirements can make the company’s arbitration agreement unenforceable.
2019 decisions from three circuit courts exempt data gatherers from the Fair Credit Reporting Act (FCRA). This article explains that these firms should be careful what they wish for, as FCRA preemption no longer applies and they become subject to potentially powerful state laws.
Effective April 1, the CFPB Prepaid Accounts Rule adds protections for prepaid cards, payroll cards, and person-to-person payment services, as set out in this article. The rule improves fee transparency, protects cards from unauthorized charges and errors, and addresses abusive overdraft fees. Consumers can obtain actual and statutory damages and attorney fees for violations.
The Supreme Court in 2017 ruled debt buyers do not fall under the FDCPA’s second definition of a debt collector—one who regularly collects debts owed to another. As discussed here, the Third Circuit in Barbato has just found a debt buyer covered under the FDCPA’s principal purpose definition, concluding that FDCPA coverage does not require a debt buyer to engage in overt collections.