NCLC has just released online and in print (496 pp.) a new Second Edition of Federal Deception Law. This treatise covers federal and parallel state statutes that prohibit broad categories of merchant or creditor conduct and is an essential companion for any attorney handling deception or consumer credit cases:
Chapter 2: FTC Trade Regulation Rules, including detailed analysis of the Credit Practices, Used Car, Door-to-Door, Mail Order, Negative Option, Business Opportunity, and Funeral Rules
Chapter 3: CFPB Rulemaking, including UDAAP standards, with a special discussion of the new “abusive” standard, and discussion of guidance bulletins and the supervision and examination manual
Chapter 4: The FTC Holder Rule, perhaps the most important consumer law rule that every consumer attorney must understand: scope and operation of the rule, areas where the rule is and is not limited, rights where the holder notice is improperly omitted, and state holder statutes
Chapter 5: FTC Telemarketing Rule and state law counterparts, including limits on credit card, EFT, and check payments, and special regulation of advance fee loans, credit repair, debt relief services, credit card protection products, and investment opportunities.
Chapter 6: Telephone Consumer Protection Act (TCPA) and other restrictions on unwanted calls, texts, junk faxes, and spam. The TCPA is perhaps today’s most active area of consumer litigation, and the treatise’s online version provides even more recent updates, including the Supreme Court’s January 20 TCPA holdings.
Chapter 7: RICO, including detailed and comprehensive analysis and case citations of the complex pleading requirements for this statute that also provides treble damages and attorney fees in many types of consumer transactions, including fraud and collection of an unlawful debt.
Chapter 8: State RICO and Civil Theft Statutes adopted in more than half the states provide advantages over federal RICO claims and even over UDAP claims in some situations.
Chapter 9: Federal False Claims Act and state law counterparts allow for widespread relief and attorney fees even where arbitration or class action requirements would make other litigation impractical, with a new appendix summarizing each state’s false claims act statutes.
Chapter 10: Regulation of Debt Relief Services includes detailed analysis of regulation and litigation involving credit counseling, debt management, debt settlement, debt negotiation and debt elimination services, with a new appendix summarizing each state’s statutes.
Chapter 11: Other Statutes Protecting Against Consumer Deception, including antitrust statutes, plain English statutes, protections for non-English speakers, the Restore Online Shoppers’ Confidence Act, and the Federal Computer Fraud and Abuse Act.