New Developments
New Developments
NCLC’s New Consumer Bankruptcy Treatise in Print and Online
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.
Class Waivers Under Attack on Another Front
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.
CFPB Proposed Rule: No Mandatory Arbitration for Class Actions
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.
Supreme Court: No FDCPA Violation for Special Counsel’s Use of AG Letterhead
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.
Supreme Court Affirms Class Cert. Using Statistical and Representative Evidence
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.
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.