New Developments
New Developments
New Principal Reduction Option for Fannie and Freddie Loans
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.
Key Precedent that FDCPA Defendants Have Burden of Proof
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.
Supreme Court ECOA Case Ends in a 4-4 Tie
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 §§ 2.2.4.2, 5.5.1.2, 5.6.
Four Circuits in 2016 Rule Against Arbitration Requirements
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
New Federal Deception Law Edition Released in Print and Online
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.
Supreme Court Issues Important Decision Supporting Class Actions
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.
What Happens If Pending Sup. Ct. Consumer/Class Cases End in a 4-4 Tie
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.
Six Very Recent FDCPA Decisions from the Circuit Courts
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.
New Bankruptcy Forms Now in Effect, as of December 1, 2015
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.
Supreme Court’s Jan. 20 Decision Includes Key TCPA Holdings
As explained in this article, the January 20 Supreme Court decision in Gomez on Rule 68 offers also includes key TCPA holdings on text messages and vicarious liability.
New Student Loan Repayment Plan for Older Student Loans Available on December 17
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.
Supreme Court’s Latest Pro-Arbitration Ruling—Why the Impact Is Limited
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.
New Law Revives Tax Break For Struggling Homeowners
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 (5th ed Dec. 2015) Now Online
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.
Significant FDCPA Decisions Keep Coming!
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).
Today’s Hottest Consumer Litigation Area?
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.
<em>Consumer Credit Regulation</em> (2d ed. Nov. 2015) Now Online
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.
The Latest Actions to Limit Forced Arbitration
What you need to know about the new CFPB proposal and seven other new limits on forced arbitration, summarized in this article.
The Most Abusive Way to Sell a Home on Credit?
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.
Mortgage Loan Disclosures Totally Revamped, Effective October 3
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.