Treatise Highlights
Consumer and Worker Arbitration Provisions
Chapter 1 Preliminary Issues
- 1.1 All Subscribers Have Digital Access to This Treatise
- 1.2 Scope and Organization of This Treatise
- 1.3 Arbitration Practice Checklist and Cheat Sheet
- 1.4 Definition of Predispute Binding Arbitration Agreement—or “Forced Arbitration” Agreement
- 1.5 Why Mandatory Consumer Arbitration Agreements Unfairly Harm Consumers
- 1.6 CFPB Study of Consumer Arbitration
- 1.7 Model State Law Restricting Arbitration
Consumer Bankruptcy Law and Practice
Chapter 1 About This Treatise
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
Appendix E NACA Class Action Guidelines
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
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
Mortgage Lending
Chapter 1 Background
Student Loan Law
Chapter 1 Getting Started
- 1.1 Overview
- 1.2 Using This Treatise
- 1.3 Brief History of Federal Student Loans
- 1.4 Types of Federal Student Assistance
- 1.5 Private Student Loans
- 1.6 COVID-19 Emergency Student Loan Relief
- 1.7 Determining the Type of Loan
- 1.8 Student Loans and Tax Benefits
- 1.9 Checklist for Handling Student Loan Issues
- 1.10 Assistance for Student Loan Borrowers
Truth in Lending
Chapter 1 Overview
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