Two Supreme Court cases awaiting decision this Spring could have dramatic impacts on consumer law and class action practices, and this article describes the implications if those cases result in a 4 to 4 tie.
Fair Debt Collection Practice Act litigation is one of the most active in the federal courts. This article summarizes six FDCPA circuit court decisions, from mid-November through early January.
All bankruptcy forms required to institute a case have significantly changed, for cases filed starting December 1. This article provides online links to step-by-step advice from one of the nation’s experts on how to complete the new forms.
Starting December 17th student loans disbursed before Oct. 2011 should be eligible under REPAYE for the same favorable income-driven repayment terms offered to borrowers with more recent loans (under IBR and PAYE). The details are found in this article.
The Supreme Court in DirecTV, Inc. v. Imburgia (Dec. 14, 2015) issued yet another ruling in favor of mandatory arbitration. This article explains why the case will have limited impact and may even support a few challenges to arbitration clauses.
The new budget bill signed into law December 18 revives and extends the qualified principal indebtedness exclusion through 2016, preventing homeowners from incurring large tax bills from short sales and loan modifications, as explained in this article.
Consumer Warranty Law's Dec. 2015 edition updates the 2010 edition with key changes to Magnuson-Moss Warranty Act rules, and new developments re remedying used car defects, using new car lemon laws, and litigating warranty cases.
FDCPA litigation is incredibly active, with new circuit court of appeals decisions constantly being issued, not to mention too many district court decisions to count. NCLC has just uploaded online significant new updates to chapters 2, 5, 6, 7, 8, and 9 of Fair Debt Collection (8th ed. Sept. 2014).
The last 6 months have witnessed a tidal wave of court decisions and class and individual filings for TCPA statutory damages for robocalls to cellphones, particularly since a July 10 FCC ruling. NCLC has just posted online the definitive TCPA chapter, fully updated, expanded, and reorganized.
The definitive treatise on credit regulation: payday loans, auto finance, credit cards, RTO, and more, plus a new chapter on installment loans─the next predatory lending frontier.
Land installment contracts are a leader in the field of rip-off mortgages sold to the most vulnerable. A new chapter now online at NCLC's Mortgage Lending explains how the seller keeping title until all payments are made leads to serious abuses and how consumers can obtain relief from those abuses.
What you need to know about the new CFPB proposal and seven other new limits on forced arbitration, summarized in this article.
To comply with TILA and RESPA. lenders must meet entirely new mortgage disclosure requirements starting October 3. This article summarizes the changes and links to sources for more detail.
Dramatic changes to and new interpretations of federal mortgage servicing requirements continue into 2015. See this summary for recent highlights.
Collector TCPA compliance is a hot litigation area. Fair Debt Collection now not only updates online the FCC's groundbreaking July 10 ruling, but also key 2015 decisions on what is an autodialer (§ 18.104.22.168), what constitutes prior express consent (§ 22.214.171.124.2), and how consent can be revoked (§ 126.96.36.199.4).
New IRS regulations, AG settlements, and CFPB actions offer key new protections relating to delinquent medical debt. For more details, click here.
An FCC ruling this summer tightens the screws on collectors calling or texting cell phones, with TCPA minimum damages of $500 per call or text. Limits on wrong number calls or texts, no autodialed calls without consent, and it is now easy to withdraw that consent, as explained in this article.
July 18, 2015 for new requirements for manufactured home appraisals described in Truth in Lending § 188.8.131.52.2
With increased regulation of payday loans, high-cost installment loans are growing fast, as the latest way to target struggling consumers. Read Consumer Credit Regulation online for NCLC's new analysis of each state's regulation of closed-end (Appx. D-1) and also of open-end (Appx E-1) installment loans.