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Automobile Fraud: 3.7.1 Introduction

In 2019, in a long awaited final rule, the National Highway Traffic Safety Administration (NHTSA) established federal standards for electronic titling and electronic title disclosures.103 The rules came in response to years of growing demands from Congress, the states, industry participants, and others for standards to allow the use of electronic titles and liens by states.

Fair Debt Collection: 15.1.3.2 Common Interest Privilege

Another privilege, the common interest privilege, shields statements made to someone who has a legitimate interest in the information,55 such as a credit reporting agency56 or a spouse.57 A creditor’s provision of information about the debt to a collector may be protected by this privilege.58 The Restatement applies this privilege only to defamation and invasion of privacy.

Fair Debt Collection: 15.1.3.3 Anti-SLAPP Statutes

A closely related problem is “anti-SLAPP” statutes.67 These are intended to curb Strategic Lawsuits Against Public Participation (SLAPP suits), such as a meritless, but vigorously pursued lawsuit filed by a big developer to cripple a neighborhood group’s environmental or zoning challenge. Anti-SLAPP statutes typically apply to “petitioning activity” or to communication on matters of public interest, and require plaintiffs to make a strong showing of a prima facie case at an early stage.68

Fair Debt Collection: 15.1.4 Immunity Under the Fair Credit Reporting Act

The Fair Credit Reporting Act (FCRA) provides limited immunity from claims “in the nature of defamation, invasion of privacy, or negligence” for furnishing and reporting credit information.74 If the defendant furnished false information with malice or willful intent to injure the consumer, however, this immunity does not apply.75 Moreover, this immunity applies only if the consumer’s case is based on information that was disclosed to the consumer pursuant to one of three FCRA disclosure requirements

Fair Debt Collection: 15.1.5 Identity Theft

Victims of identity theft, an increasingly common crime, are often vigorously dunned for debts they do not owe, despite their efforts to clear their records.78 Their credit is often ruined by false reports to credit reporting agencies, and they may even be subject to criminal prosecution. These consumers may have several tort causes of action available to them.

Fair Debt Collection: 15.2.4 What Constitutes Actionable Conduct

In nearly all jurisdictions, outrageousness and emotional distress are required elements of a claim of intentional infliction of emotional distress,110 although some courts describe the standard for proscribed conduct as “unreasonable.”111 Some courts hold that as the outrageousness of the conduct increases, the need for additional evidence of severe distress decreases; if the conduct is highly outrageous, this may suffice to prove severe distress.112

Fair Debt Collection: 15.2.5 Negligent Infliction of Emotional Distress

Many states recognize negligent infliction of emotional distress as an independent cause of action,146 although some decline to recognize this tort.147 In the alternative, some states allow such a claim to be pursued as a type of negligence, with the usual elements of duty, foreseeability, and causation.148 Some courts allow recovery for negligent infliction of emotional distress only if the plaintiff suffered a physical impact

Credit Discrimination: Introduction

The pleadings reprinted in this appendix can also be found online in Microsoft Word format as companion material to this treatise. The companion material online also contains a number of additional pleadings that are not reprinted here. All pleadings in the text and online are for demonstration purposes only and must be adapted by a competent professional to fit the circumstances of a given case and the requirements of local rules and practice.

Credit Discrimination: G.13 Third Amended Complaint Alleging Violations of the Fair Housing Act, the Equal Credit Opportunity Act and the Georgia Fair Housing Act in a Contract for Deed Transaction

IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF GEORGIA

[Consumers 1–22],

Plaintiffs,

v.

Harbour Portfolio VI, LP; Harbour Portfolio VII, LP;

National Asset Advisors, LLC; CWAM II, LLC;

Investment Trading & Development; The Brady Impact Trust, C/O;

Wilmington Savings Fund Society FSB; JCT Capital, LLC;

Hamilton Green Crest Fund I, LP; Bawld Guy;

Note Investment Group I, LLC; Rocktop Partners I, LP;

Credit Discrimination: G.14 Sample Complaint Alleging Predatory Home Purchase Contract Scheme as ECOA, FHA, TILA and RESPA Violations

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

[Consumers 1–3], on behalf of themselves and all

others similarly situated,

Plaintiffs,

v.

Vision Property Management, LLC; VPM Holdings, LLC;

FTE Networks, Inc.; US Home Rentals, LLC;

Kaja Holdings LLC; Kaja Holdings 2, LLC;

MI Seven, LLC; IN Seven, LLC; RVFM 4 Series, LLC;

ACM Vision V, LLC; DSV SPV 1, LLC; DSV SPV 2, LLC;

DSV SPV 3, LLC; Boom Sc; Alan Investments III, LLC

Credit Discrimination: Introduction

These are sample forms and must be adapted to fit the facts of a particular case and local procedural rules. Note that the Federal Rules of Civil Procedure limit the number of interrogatories to twenty-five, including subparts. This limitation may be avoided only by leave of the court with written stipulation of the parties. The reader should be aware of this limit in cases of federal litigation and in litigation in state courts that similarly limit discovery.

Collection Actions: 8.2.1 Introduction

This section discusses the scope, limitations, and validity of criminal dishonored check laws as well as defenses to prosecution under those laws. This summary should aid the civil practitioner in counseling clients who have written or endorsed checks not covered by sufficient funds. Familiarity with the limitations of criminal dishonored check laws should ease the fear of prosecution in many instances and may provide a basis for a civil claim against the collector who threatens prosecution.

Collection Actions: 2.3.2 Preparing for the First Client Interview

An essential part of any representation is meeting the client in person. There can be real problems representing a client the attorney has never met. When talking to a prospective client on the phone, before almost anything else is discussed, request that the consumer not write on any documents relating to the case. Too often consumers will have the original documents in front of them when calling the attorney and will take notes of their conversation on these originals.

Collection Actions: 2.7 Scams to Avoid

Attorneys should advise consumers as to certain scams to avoid. The marketplace is rife with companies preying on those in debt, and consumers compound their difficulties by signing up for one of these pitches.

Consumer Banking and Payments Law: 8.1.2 The Definition of “Electronic Benefit Transfer”

The term “electronic benefit transfer” (EBT) is confusing because it can have several different meanings, some legal, some technological, and some inconsistent with one another. This chapter generally uses the term EBT to refer to the intersection of the legal and technological definitions: EBT cards used to distribute needs-tested benefits, whether federal, state, or local. However, the precise meaning may vary and be important, depending on the laws at issue.

Consumer Banking and Payments Law: 8.1.3 Congress’s EBT Mandates

The 1996 Welfare Reform Act provided that, by October 1, 2002, recipients must receive food stamp benefits by means of EBT,8 unless a waiver was granted for delayed implementation.9 States were encouraged to implement EBT to deliver other types of benefits,10 including programs that are fully funded and administered by the states, such as Temporary Assistance to Needy Families (TANF), state child care subsidies, general assistance (GA), the Special Supplemen