NCLC has just published online over 500 new FDCPA case summaries at Fair Debt Collection Appx. J. This appendix is one of NCLC’s most popular litigation tools—over 10,000 FDCPA case summaries broken down by over 100 categories and then often by state or by court. An essential tool for any FDCPA litigator.
How to win RESPA claims under the CFPB’s new mortgage servicing rules, including avoiding the “one-bite” rule for loss mitigation applications and responding to the "exclusive address" trap for RESPA inquiries. For more new tips, see the online version of Foreclosures and Mortgage Servicing ch. 3.
This article highlights two key new developments limiting arbitration of FDCPA and other claims against debt buyers and collectors: a AAA letter about Midland Funding and an important Eleventh Circuit ruling.
As described in this article, effective June 13, the FTC has banned the use of telechecks, other remotely created orders, “cash-to-cash money transfers,” and “cash reload mechanisms” when goods or services are sold to consumers using the telephone.
New features have just been added to our online treatises—the option to view search results ordered by section number (instead of by relevance) and flags to help you pinpoint just updated sections and significant law changes. This article contains tips on using these new features.
Fair Debt Collection Practice Act litigation is one of the most active types of consumer litigation in the federal courts. This article summarizes four FDCPA circuit court decisions, from this May and June.
A new Department of Education rule, effective July 1, limits fees for campus prepaid cards used to dispense financial aid credit, preventing schools from profiting from students’ access to their financial aid benefits, as described in this article.
This article details not only the CFPB’s June 2 proposed rule covering payday lending, auto title, and installment loans, but also links to practice tips on representing clients with these predatory loans and links to state-by-state analyses of applicable law.
Eleventh edition of Consumer Bankruptcy Law and Practice (2 vol.) (1568 pp.) now released in print and online. Click here for highlights, including detailed guidance completing the new official forms and 170 sample pleadings in Word.
The Seventh Circuit on May 26 ruled that the National Labor Relations Act prohibits enforcement of class waivers against employees. This article explains the case and its implications for challenges to arbitration of both employment and consumer disputes.
The Consumer Financial Protection Bureau on May 5 released its proposed rule that would largely eliminate mandatory arbitration of financial services class actions. A summary of the proposal and a listing of other limits on mandatory arbitration is found here.
On May 16, the Supreme Court held it was not deceptive under the FDCPA for a special counsel to use, with authorization, the state attorney general’s letterhead when collecting debts for the state. For more, see this article.
NY Times Highlights Exploding New Type of Mortgage Abuse
A lead NY Times editorial and report highlight hedge funds’ abusive sales of foreclosed homes through land installment contracts, also known as contracts for deed. For remedies to fight this new (old) scam, see Mortgage Lending ch. 12 (online only) and Foreclosures and Mortgage Servicing ch. 14.
On March 22, the Supreme Court ruled, despite differences among class members, that representative and statistical evidence could be the basis for a class certification ruling. The case is described more fully in this article.
The FHFA announced on April 14 a new and very limited principal reduction option for certain Fannie Mae and Freddie Mac loans. The program is described in this article.
Third Cir. decision provides key precedent that FDCPA defendants have burden of proof when claiming exemption from liability. As described in this article, the precedent has wide-ranging utility in FDCPA and other consumer litigation.
Hawkins v. Community Bank of Raymore, 2016 WL 1092416 (March 22, 2016) limiting guarantors’ rights to enforce the ECOA was affirmed by an equally divided Court, leaving the split in the circuits unchanged. See NCLC’s Credit Discrimination §§ 22.214.171.124, 126.96.36.199, 5.6.
Two circuits earlier this year held arbitration inapplicable to non-signatories, and another two circuits (despite Italian Colors) ruled that arbitration cannot limit federal statutory rights through high fees or the use of tribal law. More detail can be found in this article
A unique treatise covering the TCPA, FTC Holder Rule, Other FTC and CFPB Rules, RICO, false claims acts, regulation of telemarketing and debt relief services, and more, as summarized in this article.
The Supreme Court’s January 20 Gomez decision holds that an unaccepted settlement offer or offer of judgment making the class representative whole does not moot out a class action. This important decision for consumer class actions is discussed here.