This article summarizes all 34 FDCPA reported appellate decisions issued in 2018, reports on a pending Supreme Court FDCPA case, and describes NCLC’s digital tool to locate relevant FDCPA case summaries from summaries of over 14,000 FDCPA decisions.
Too often consumers and even their attorneys believe an “as is” sale immunizes the dealer from the sale of a lemon used car. This article lays out twelve ways that consumers can still recover significant damages for vehicle defects and dealer misrepresentations.
This article examines Federal Rule of Civil Procedure 23 changes that, effective December 1, establish new standards for electronic class action notices, require more information before approval of a class notice, clarify standards for court approval of a class settlement, and seek to reduce abuses by those improperly objecting to class settlements.
Surviving Debt (2019) (278 pp.) is a new edition of NCLC’s most popular book, which provides accessible, practical, and hard-hitting advice for consumers and for those helping consumers. It covers credit card, medical, and student loan debts, debt harassment, credit reporting, mortgage modifications, car repossessions, evictions, utilities, bankruptcy, and much more. Read the first chapter for free, browse the table of contents, and learn more here.
On December 1, extensive amendments to the Bankruptcy Rules go into effect. As analyzed in this article, of special note are rules dealing with mortgage loan payments in chapter 13 cases, electronic filing of bankruptcy forms, and with appeals from bankruptcy court to the federal district court.
A recent appellate court ruling highlights the availability of attorney fees for the consumer when a creditor or debt buyer fails to prevail in a credit card or other collection action. This article sets out seven ways in which consumers can recover such attorney fees if the creditor fails in its collection lawsuit.
An important recent Ninth Circuit ruling rejects a federal regulation as to when a national bank can ignore state law. This article explains how the decision underscores that federal regulators and some courts have been overly expansive in protecting banks from liability for violating state consumer protection laws.
A court has ordered that long-delayed Dep’t of Ed. rules become effective October 16, 2018. This article explains how the rules now: prohibit schools from requiring mandatory arbitration or class waivers of certain student claims, even for preexisting agreements; increase the availability of closed school and false certification discharges; and improve the administrative process for students to raise school-related defenses on their loans.
Billions of pieces of information that creditors, debt collectors, and other “furnishers” of information send to credit reporting agencies are in a standard format called Metro 2. This article links to updated and expanded information on creditors’ liability when they report consumer data in a non-conforming manner that leads to inaccurate consumer reports.
The definition of an autodialer is key to providing effective TCPA remedies and to stopping the onslaught of unwanted calls to Americans’ cellphones. This article examines a new groundbreaking Ninth Circuit decision and other very recent case law defining auto dialer.
Automobile Fraud (6th ed. Oct. 2018) (582 pp.) is available in print and digital formats, with the latest developments on investigating automobile fraud, title transfers, odometer fraud, undisclosed sale of wrecked and flood vehicles, lemon laundering, yo-yo sales, punitive damages, and more. Subscribers can access the digital edition now, and print subscribers receive their books in late October. The first chapter is available to all, free of charge.
As explained in this article, an August federal court decision finds that Fannie Mae and Freddie Mac are state actors, meaning their foreclosures must meet constitutional due process standards. This ruling thus has the potential to reshape most foreclosures in the majority of states that allow nonjudicial foreclosures.
This article helps families in financial distress decide whether to file bankruptcy: what bankruptcy can and cannot do, the best time to file for bankruptcy, when it is the wrong choice, whether to file under chapter 7 or 13, bankruptcy’s cost, and common misconceptions about bankruptcy.
On May 24, the President signed legislation amending eight consumer statutes—everything from rights of tenants in foreclosed property to mortgage originations to private student loans to credit reporting. This article highlights the changes—both harmful and helpful for consumers.
Significant decisions on the TCPA—allowing $500 damages ($1500 if willful or knowing) for each unwanted robocall or robotext—pour in almost daily. This article summarizes the very latest developments on the definition of “autodialer” (the key TCPA issue today), the limited impact of arbitration requirements, revocation of consumer consent, and more.
A July 27, 2018 Arizona Supreme Court decision is the latest ruling to offer consumers new ways to argue for a shorter limitations period when defending a credit card collection action. This article examines which statute in a state applies, which state’s limitations period applies, when the period begins, and when it is tolled or revived.
This article sets out what families in financial trouble need to know about their credit report and credit score: how they work, when non-payment most affects a credit score, who sees the credit report (and who does not), how to review your own credit report, coping with a blemished report, and rebuilding your credit.
This article details rights to cancel, reduce, and delay federal student loan payments, how to get out of default short of making back-due payments, as well as the methods the government has to enforce payment. Student options concerning private student loans are also examined.
Credit Discrimination (7th ed. August 2018) (500 pp.) is available in print and digital formats, updating the 2013 edition with the latest changes regarding ECOA, Fair Housing, and state discrimination laws, including disparate impact, reverse redlining, and rights of spouses. Subscribers can access the digital edition now, and print subscribers receive their books in late August. The first chapter is available to all, free of charge.
Since the Supreme Court’s Spokeo decision, expect an Article III standing challenge in almost every FDCPA case. This article provides ten tips to overcoming Spokeo challenges and links to an up-to-the minute digital analysis, including almost 100 new court decisions since the March 2018 release of the print edition of NCLC’s Fair Debt Collection.