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This article examines nine ways that manufactured home creditors face unique legal exposure to consumer claims and remedies, including recent developments that may increase such creditor liability. Examples are a federal ban on arbitration clauses in manufactured home credit, special statutes making manufactured home creditors liable for warranty violations, statutory damages of tens of thousands of dollars for UCC Article 9 violations, and more.

A favorable March 25, 2021, Supreme Court ruling allows consumers to bring claims in their home state against out-of-state companies, even where the companies had no contact with the consumer in the consumer’s state of residence. This article explains the Court’s holding and then suggests nine types of cases where the ruling can help advance consumer litigation.

This article examines the consumer law implications of the March 11, 2021, American Rescue Plan Act: how to protect stimulus payments from garnishment and a bankruptcy trustee; student loan forgiveness being no longer taxable; relief for utility arrearages and payments; help for homeowners and renters; and help with broadband and water bills.

In 2021 many significant consumer law changes will be effective and a number of programs that were to expire have been extended. This article sets out those changes and extensions that are scheduled as of January 1, 2021, including changes effective from December 1, 2020 through January 1, 2022.

New rules interpreting the Fair Debt Collection Practices Act that go into effect November 30, 2021, are a good reason to review existing law as to suits and collection contacts concerning time-barred debt. This article discusses those aspects of the new rules related to time-barred debt and also provides an overview of existing law in the area.

This article lists a growing number of actions Congress, governors, federal and state agencies, and companies are taking to respond to the COVID-19 epidemic: suspensions on foreclosures, evictions, and terminations on telecommunications and utility service, elimination of interest and forbearance on student loan payments and home mortgages, and more.

Unfair and Deceptive Acts and Practices (10th ed. 2021) (1,056 pp.) is now available in both print and digital format on the NCLC Digital Library. This is an essential revision of the most important consumer law statute in all 50 states, adding thousands of new federal and state cases since the last edition. Learn more and read Chapter One for free here.

This article lists new federal consumer laws going into effect in 2024, including new student loan regulations, a new FTC rule on motor vehicles, a new FCC order on robocalls, and multiple changes concerning consumer bankruptcy. Also included are important state law changes in over 20 states, including California, Colorado, Massachusetts, Minnesota, New York, and Pennsylvania.

An advance FREE version of the much-beloved federal practice manual geared for legal aid and public interest attorneys is now available on the NCLC Digital Library. NCLEJ with contributions from 29 federal court litigators has just updated and revised the Shriver Center’s classic version. This article explains the manual’s free access and describes its content and digital tools.

This article examines an April 21, 2022, Supreme Court decision with important application to the equitable tolling of limitations periods found in federal consumer statutes. The article explains when equitable tolling should be available, lists actions justifying equitable tolling, and considers other approaches to extending limitations periods, including the fraud discovery rule.

This article explains why an April 28, 2022, Supreme Court ruling concerning the unavailability of emotional distress damages applies only to four federal discrimination statutes, links to practice tips when otherwise seeking emotional distress damages, and considers whether emotional distress alone is sufficient for federal court constitutional standing.

The Supreme Court’s June 30 decision in West Virginia v. EPA is significant in its application of the “major question doctrine” to agency rulemaking, and consumer lawyers can expect to see this doctrine raised as a defense in their cases. This article explains the doctrine, why it is inapplicable to almost all consumer litigation, and provides five tips to show that it is inapplicable.

This article lists new federal and state consumer law rights going into effect from Nov. 17, 2022, through Dec. 31, 2023. Highlights include: extensive rights for student loan borrowers; protections concerning medical debt, collection lawsuits, robocalls, reverse mortgages and privacy; increased homestead, property, and wage garnishment exemptions; interest rate caps; bankruptcy practice changes; and 14 new California laws.

The definitive consumer bankruptcy treatise is updated with new case law, an amendment increasing chapter 13 debt limits, new 2022 Bankruptcy Code dollar amounts, the new initial forms, rules effective December 1, 2021, and updated means test data. Learn more and read Chapter One here.

A Supreme Court May 28 ruling supports the right of consumers sued in state court to avoid removal to federal court when they bring class or federal claims in that state court action, even against third parties. As examined in this article, the ruling gives consumers some control over the decision whether to litigate in state or federal court.

In 2022 significant new federal and state consumer law rights will be effective, and other rights are set to expire or have been extended. This article sets out, as of January 1, 2022, the effective dates for all of these changes, including changes effective from November 30, 2021 through January 1, 2023.

This article provides tenant tactics to deal with rental debt: responding to negative tenant screening reports that prevent access to new housing; challenging the rental amount claimed as due; other defenses to rental debt collection lawsuits and eight ways for the tenant to recover attorney fees in that litigation; tenant rights after a court judgment for the landlord; and tenants’ affirmative litigation for the collector’s litigation abuse.

This article lists federal and state consumer law rights scheduled to go into effect or expire from December 1, 2024, through January 1, 2026. Of special note are 11 FCC, CFPB, FTC, and bankruptcy rules with a 2025 effective date, as well as medical debt and mortgage loan developments. California alone will see 17 new consumer statutes, and law changes are noted in 30 other states.

NCLC's new Arbitration Practice Checklist is a free tool that lists 75 ways to defeat an arbitration requirement. A new NCLC Digital Library article aggregates highlights from the new checklist. The article explains 12 lesser-known ways to defeat an arbitration requirement, 12 challenges that apply more often than expected, and the three biggest errors in challenging an arbitration requirement. Links are provided to this and ten other free practice checklists from NCLC.

Already in 2024, the CFPB has issued 18 interpretations, rules, and enforcement actions that will aid private consumer litigation. This article explains these actions involving contracts for deed, mortgage and student loan servicing, credit reporting, new forms of credit, debt collection, auto financing, banking, remittances, credit cards, digital shopping, appraisals, unenforceable contract terms, and more.

This article sets out 28 obligations of creditors, collectors, and merchants to provide information to consumers upon request or to retain consumer records for several years. These requirements assist consumer practitioners in developing the facts in a case, help consumers understand the nature of their transactions, and may provide statutory damages for their violation.

A May 16 Supreme Court ruling makes it almost impossible to appeal a federal court ruling enforcing an arbitration provision. This article explains not only the ruling’s negative consequences, but also, surprisingly, the advantages the ruling presents for consumers and workers. The article also sets out five approaches still available to reverse a decision enforcing an arbitration provision despite the Supreme Court ruling.