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.
Consumer Banking and Payments Law (6th ed. July 2018) (924 pp.) is available in print and digital formats, updating the 2013 edition with the latest changes on how payments are made, including: prepaid cards for wages, public benefits, and general use; electronic transfers; remotely created checks; and mobile payments. Subscribers can access the digital edition now, and print subscribers receive their books in late July. The first chapter is available to all, free of charge.
The D.C. Circuit’s March decision in ACA International v. FCC is sure to be raised in any TCPA case involving unwanted calls and texts to cellphones. This article analyzes what the decision really means and also examines a number of other important 2018 circuit court TCPA rulings.
This article explains the limits on what a debt collector can do, sets out 8 ways to stop debt harassment—including 4 sample letters, lists illegal collection practices, and explains how to hire an attorney to sue the collector for damages.
This article, explains a homeowner’s general rights to defend or delay a pending home foreclosure, how a chapter 13 bankruptcy can avoid foreclosure, the homeowner’s rights after the foreclosure sale, and additional rights to deal with nine special types of foreclosures.
Medical debt is pervasive in our society, even among those with insurance. This article provides advice for consumers on their best strategies and rights to deal with their medical debt. We encourage readers to share this article with clients, counselors, and others working with families in financial distress.
This article sets out consumer rights and tactics when past-due taxes are owed to the IRS, including how to reduce or pay your tax debt over time and a spouse’s legal obligation. Also covered are why you should file your tax return even if you cannot pay your taxes, steps the IRS takes to enforce a tax debt, and the impact of a bankruptcy filing.
This article explains options homeowners in financial trouble currently have to delay or reduce their mortgage payments. The latest guidelines are set out for Fannie Mae, Freddie Mac, FHA, VA, and RHS mortgage loans. The article also provides advice on applying for these options and deciding which option to select.
Access to Utility Service (6th ed. May 2018) (692 pp.) is now available in print and digital formats, updating the 2011 edition with regulatory and statutory changes and technological developments—an essential resource on gas, electric, water, and telecommunications service. Subscribers can access the digital edition now, and print subscribers receive their books in early June.
Over six million consumers are in imminent danger of their car being repossessed. This article provides advice for consumers on preventing car repossessions, steps to take after a vehicle’s repossession, and responding to the creditor’s demand for additional payment after a repossession.
Widespread criminal justice debt—arising from fines, fees, costs, and more—has an outsized impact on consumers, including millions of drivers losing their licenses, seizure of income and assets, and even incarceration. This article provides advice on limiting these consequences and asserting rights against collection of criminal justice debt.
Reverse mortgages are one way that families in financial distress can tap into the equity in their homes to meet their needs. This article provides advice for consumers on who should consider a reverse mortgage, how it works, foreclosure risks, impacts on spouses, partners, and heirs, and whether it is a good idea.
Millions of collection lawsuits result in court judgment debt, where creditors can garnish wages, benefits, and bank accounts, and even seize cars, homes, and other property. This article sets out consumer rights and strategies to limit these creditor remedies.
As explained in this article, effective April 19, CFPB mortgage servicing rules expand the rights of those inheriting homes, awarded a marital home in divorce, or otherwise succeeding in interest to a mortgage loan. The rules also offer an important new right for debtors in bankruptcy to determine if mortgage servicer fees and application of mortgage payments are proper.
NCLC’s Fair Debt Collection (9th ed. March 2018) (1774 pp. in two vol.) is available in both print and digital formats. As described in this article, the digital edition includes the FDCPA Case Connector, a unique practice tool allowing incredibly flexible search options to select from over 14,000 FDCPA case holdings.