Policy & Analysis

 

Below is a list of NCLC's free materials on policy and legal analysis. Materials are organized by title. To read more of any title, subscribe now.

 

Fair Debt Collection Fair Credit Reporting Consumer Bankruptcy Law and Practice Student Loan Law Home Foreclosures Mortgage Servicing and Loan Modifications Collections Actions Truth in Lending Consumer Credit Regulation Repossessions

Consumer Class Actions Consumer Banking & Payments Law Consumer Arbitration Agreements Automobile Fraud Mortgage Lending Credit Discrimination Consumer Warranty Law Unfair and Deceptive Acts and Practices Federal Deception Law Access to Utility Services

 

 

Fair Debt Collection 

Chapter 1 Introduction

• 1.1 NCLC Resources About Fair Debt Collection
• 1.2 A Brief History of Debt Collection and Its Regulation in the United States
• 1.3 Parties Commonly Involved in Debt Collection
• 1.4 How Debts Are Collected
• 1.5 Use of Technology in Debt Collection

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 Fair Credit Reporting

Chapter 1 Introduction

• 1.1 About This Treatise
• 1.2 About Credit Reporting
• 1.3 About the FCRA
• 1.4 FCRA Legislative History

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 Consumer Bankruptcy Law and Practice 

Chapter 1 About This Treatise

• 1.1 Bankruptcy as a Remedy for Consumer Debtors
• 1.2 The Focus of This Treatise—Bankruptcy Practice for Consumer Debtors and Family Farmers
• 1.3 How to Use This Treatise
• 1.4 The Governing Law
• 1.5 Other Resources for Practicing Under the Bankruptcy Code

John Rao, New Process to Discharge Student Loans in Bankruptcy (March 7, 2023) 

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Student Loan Law 

Chapter 1 Getting Started

• 1.1 Introduction
• 1.2 Using This Treatise
• 1.3 Brief History of Federal Student Loans
• 1.4 Types of Federal Student Assistance
• 1.5 Financial Need; Applying for Federal Student Loans
• 1.6 Individual Eligibility for Federal Student Loans
• 1.7 Institutional Eligibility
• 1.8 Private Student Loans
• 1.9 Determining What Type of Loan a Client Has
• 1.10 Student Loan and Tax Deductions
• 1.11 Checklist for Handling Student Loan Issues
• 1.12 Assistance for Student Loan Borrowers

John Rao, New Process to Discharge Student Loans in Bankruptcy (March 7, 2023) 

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Home Foreclosures 

Chapter 1 Introduction

• 1.1 About This Treatise
• 1.2 Analyzing a Foreclosure Case
• 1.3 Understanding the Mortgage Market

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Mortgage Servicing and Loan Modifications

Chapter 1 Introduction

• 1.1 About This Treatise
• 1.2 Understanding the Mortgage Market
• 1.3 Mortgage Servicing Compensation and Cost Structure
• 1.4 Analyzing a Mortgage Servicing Case 

Chapter 12 Homeowner Rights During Natural Disasters and COVID-19

• 12.1 Representing Clients in Natural Disaster Areas
• 12.2 Mortgage Relief for Natural Disaster Hardships
• 12.3 Relief for Borrowers with COVID-19 Hardships

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Collection Actions

Chapter 1 Introduction

• 1.1 About This Treatise
• 1.2 This Treatise’s Organization
• 1.3 Additional NCLC Resources
• 1.4 Debt Defense Checklist
• 1.5 Debt Buyers and Collection Lawsuits

   

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Truth in Lending 

Chapter 1 Overview

• 1.1 Introduction
• 1.2 Legislative History
• 1.3 Effective Dates of the Dodd-Frank TILA Amendments
• 1.4 Outline of the Truth in Lending Act
• 1.5 Sources of Law in Truth in Lending Act Cases
• 1.6 About This Treatise
• 1.7 Getting Started: Quick Reference Checklist (Closed-End)
   
   

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Consumer Credit Regulation

Chapter 1 Background

• 1.1 About This Treatise
• 1.2 Consumer Credit Litigation Checklist
• 1.3 Historical Development of Usury Laws
• 1.4 Purpose of Consumer Credit Regulation
• 1.5 Types of Creditors
• 1.6 Types of Credit

   

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Repossessions 

Chapter 1 Introduction

• 1.1 About This Treatise
• 1.2 Other Resources
• 1.3 Handling Repossession Cases
• 1.4 Analyzing a Repossession Case
• 1.5 Automobile Litigation Checklist

   

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Consumer Class Actions

Chapter 1 Case and Claims Selection, Other First Considerations

• 1.1 How to Use This Treatise
• 1.2 The Need for Consumer Class Actions
• 1.3 Challenges of Class Action Practice
• 1.4 Maintaining High Ethical and Practice Standards in Class Actions
• 1.5 Co-Counseling with Other Attorneys
• 1.6 Alternatives to Filing a Class Action
• 1.7 Case and Claim Evaluation
• 1.8 Selecting Parties to Name As Defendants
• 1.9 The Class Representative

   

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Consumer Banking and Payments Law

Chapter 1 First Considerations

• 1.1 About This Treatise
• 1.2 Payment Systems in a Nutshell
• 1.3 Primary Sources of Law
• 1.4 The Players Involved in Payments and Accounts
   
   

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Consumer Arbitration Agreements

Chapter 1 Preliminary Issues

• 1.1 All Subscribers Have Digital Access to This Treatise
• 1.2 Scope and Organization of This Treatise
• 1.3 Definition of Predispute Binding Arbitration Agreement—or “Forced Arbitration” Agreement
• 1.4 Why Mandatory Consumer Arbitration Agreements Unfairly Harm Consumers
• 1.5 Studies of Consumer Arbitration
• 1.6 Recent Legislative Developments

 

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Automobile Fraud

Chapter 1 Introduction and Practice Checklists

• 1.1 About This Treatise
• 1.2 Types of Automobile Frauds Addressed in This Treatise
• 1.3 Automobile Frauds Analyzed in Other NCLC Treatises
• 1.4 Automobile Litigation Checklist

   

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Mortgage Lending

Chapter 1 Background

• 1.1 About This Treatise
• 1.2 A Brief History of Mortgage Lending
• 1.3 The Great Foreclosure Crisis Proved the Need for Mortgage Regulation
• 1.4 Knowing the Players in the Mortgage Market
• 1.5 Securitization
• 1.6 Mortgage Lending Checklist
   
   

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Credit Discrimination

Chapter 1 Introduction and First Considerations

• 1.1 Credit Discrimination Laws—A Powerful Answer to a Pervasive Problem
• 1.2 How to Use This Treatise
• 1.3 The Equal Credit Opportunity Act (ECOA)
• 1.4 The Fair Housing Act (FHA)
• 1.5 The Federal Civil Rights Acts: Sections 1981 and 1982
• 1.6 The Americans with Disabilities Act
• 1.7 State Credit Discrimination Laws
• 1.8 State UDAP Statutes
• 1.9 The Community Reinvestment Act (CRA)
• 1.10 Other Sources of Precedent

 

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Consumer Warranty Law

Chapter 1 Introductory Materials

• 1.1 About This Treatise
• 1.2 Overview of Consumer Warranty Laws
• 1.3 Resources for Understanding and Interpreting Consumer Warranty Law
• 1.4 Scope Issues
• 1.5 Cumulation of Rights and Remedies
• 1.6 Federal Preemption
• 1.7 Liberal Construction of Consumer Warranty Laws
• 1.8 Warranty Law in a Nutshell
• 1.9 Automobile Litigation Checklist 

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Federal Deception Law

Chapter 1 First Considerations

• 1.1 Introduction to This Treatise
• 1.2 Relation to NCLC’s Unfair and Deceptive Acts and Practices
• 1.3 Topics Covered by Other NCLC Treatises
• 1.4 Organization of This Treatise
• 1.5 What Is “UDAP”?

 

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Unfair and Deceptive Acts and Practices

Chapter 1 First Considerations

• 1.1 All Subscribers Have Access to the Digital Version
• 1.2 What Is “UDAP”?
• 1.3 Nature and Strengths of UDAP Statutes
• 1.4 About This Treatise
• 1.5 Other NCLC Resources
• 1.6 Attorney Advance Preparation for UDAP Clients
• 1.7 Determining Whether There Is a UDAP Approach to the Client’s Problem
• 1.8 Determining Whether a UDAP Claim Should Be Pursued
• 1.9 Alternatives to a UDAP Action

Chapter 4 Deception, Unfairness, Unconscionability, and Abusiveness

   4.3 Unfairness

   4.3.11 Taking Advantage of an Emergency Situation; Excessive Price As Unfair Practice

• 4.3.11.1 Price Gouging in an Emergency As an Unfair Practice
• 4.3.11.2 State Price Gouging Statutes
• 4.3.11.3 Practical Tips for Consumers Facing Price Gouging in an Emergency

 

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Access to Utility Service

Chapter 1 Introduction

• 1.1 About This Treatise
• 1.2 Types of Regulated Utilities
• 1.3 Regulation by State Utility Commissions

 

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