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2008 Innovations Awards Program Application

Application for now-expired North Carolina Program called "Upgrade and Save: Heat Pumps in Manufactured Homes."

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Payment-Option Adjustable Rate Mortgages and Negative Amortization

A detailed discussion of payment-option ARMs and an example of how to build an amortization schedule for such loans.

NCLC, Keeping It in the Family: Legal Strategies to Address the Challenge of Heirs Property and Prevent Home Loss (Jan. 2024)

This 2024 NCLC report written by  Nketiah “Ink” Berko and Sarah Bolling Mancini, highlights and evaluates the efficacy of various laws and policies aimed at helping owners of heirs property. The report divides those legal interventions into three sections: laws aimed at preventing immediate land loss; laws aimed at resolving heirs property and clarifying ownership status; and laws aimed at preventing heirs property from occurring in the future. 

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Amicus Brief of the Electronic Privacy Information Center & NCLC in Support of Petition for Rehearing En Banc (Brickman v. Meta Platforms, Inc.)

This is a 2023 amicus brief filed by EPIC and NCLC in a TCPA case asking the Ninth Circuit to rehear en banc the opinion below in Borden v. eFinancial, LLC, 53 F.4th 1230 (9th Cir. 2022).  The amicus brief argues that the opinion unnecessarily guts the autodialer restriction. By inserting the phrase “number” into “random or sequential number generator,” the Borden decision ensures that the autodialer restriction will no longer cover the most common automated dialing equipment.

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Bass v. Rome Holdings L.L.C. (N.D. Ala. March 4, 2015) (Complaint)

This is an FDCPA second amended complaint filed by M. Stan Herring of Watts and Herring in Birmingham, Alabama, alleging FDCPA violations under 15 USC ss. 1692c(a)(1), 1692e, 1692e(2), 1692e(4), 1692e(5), 1692e(10), 1692e(11), 1692f , 1692f(1), based on abusive phone calls and threats made before 8:00 AM, false threats of garnishment without a court judgment, and engaging in numerous other misrepresentations. The complaint alleges the defendant's liability under respondeat superior and alter ego.

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CFPB and FTC Amicus Brief re FDCPA and Pay-to-Pay Fees

This is an amicus brief submitted by the CFPB and FTC in support of the plaintiffs in Glover v. Ocwen Loan Servicing, LLC before the Eleventh Circuit , filed February 27, 2024.   The brief argues in support of an  FDCPA  § 1692f(1) violation  where debt collectors charge a  fee on top of the consumer's payment to the collector (pay-to-pay fees) since the fees are not authorized by contract or law.  The  FDCPA violation does not apply  only to fees incidental to the debt.

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ACH Operations Bulletin #2-2013: High-Risk Originators and Questionable Debit Activity (Mar. 14, 2013)

Note: This Bulletin was replaced by ACH Operations Bulletin #1-2014: Questionable ACH Debit Origination: Roles and Responsibilities of ODFIs and RDFIs (Sept. 30, 2014).

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Sample Co-Counsel Agreement in Class Action

This is a sample co-counseling agreement between two law firms.  It covers general cooperation and terms, attorney fees under a fee-shifting award or a common fund recovery, costs and expenses, right to terminate the agreement, and appeals and separate legal actions.

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ACH Operations Bulletin #3-2013, Reinitiation of Returned Debit Entries (July 15, 2013)

Note: This Bulletin was replaced by ACH Operations Bulletin #1-2014: Questionable ACH Debit Origination: Roles and Responsibilities of ODFIs and RDFIs (Sept. 30, 2014).

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FTC Enforcement Policy Statement Regarding Negative Option Marketing, 86 Fed. Reg. 60,822 (Nov. 4, 2021)

The FTC  policy statement provides guidance regarding its enforcement of various statutes and FTC regulations addressing negative option marketing and operating. 

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Letter from Consumer Groups to FHFA re Treatment of Credit Reporting Disputes

This is a November 14, 2014, letter from a number of consumer groups and law firms representing consumers to the Director of FHFA concerning the fact that that Fannie Mae’s and Freddie Mac’s then current guidelines regarding the treatment of credit reporting disputes impinges on the rights of consumers under the Equal Credit Opportunity Act (ECOA). More importantly, lenders who reject applicants because of disputed tradelines because they are unwilling to manually underwrite the loan appear to be directly violating the ECOA.

Jones v. Nationwide Recovery Serv., Inc., 2023 WL 3628305 (N.D. Ga. Mar. 13, 2023).