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Student Loan Law: 3.5.3.2 New IDR Regulations and REPAYE/SAVE

In July 2023, the Department published new IDR regulations intended to improve and simplify the IDR program for borrowers.73 The centerpiece of the new regulations are extensive changes to the REPAYE plan—now rebranded as the Saving on a Valuable Education (SAVE) plan—to make it more affordable and the best IDR plan for most (though not all) borrowers.

Federal Deception Law: 7.2.2.2 Who May Sue Under Section 227(b)(3)

Section 227(b)(3) allows any “person or entity” to bring suit for violation of the restrictions to which it applies.13 The person subscribing to the number called at the time a robocall is placed has standing to enforce the prohibition on robocalling, even if the call is a “wrong party” call.14 Callers do not have a reasonable reliance or good faith defense to a TCPA claim based on calls to reassigned numbers or wrong numbers.15

Federal Deception Law: 7.2.3.2 Who May Sue

Both the person who has received the calls and the subscriber have the right to bring suit.43 A consumer is not required to register with the nationwide do-not-call list as a precondition of maintaining a private cause of action for violations (other than the nationwide do-not-call provision) or to mitigate damages for repeated violations.44 However, for violations of privacy requirements that fall wit

Collection Actions: 13.3.12.1.3 Mail service

More common than personal service are state rules that allow service by some combination of certified and first class mail. A common failing with such service is that it will be sent to the wrong address. The frequency of this problem is magnified when debt buyers send service years after the consumer last had contact with the original creditor, and the debt buyer relies solely on address information the original creditor provided.

Automobile Fraud: NEW MEXICO

N.M. Stat. Ann. § 58-19-7

Prohibited acts: Noncompliance with sale contract requirements.

Required procedures: No party to sign any sale contract having blank spaces; sale contract must contain essential financial details as specified. Some blank spaces as to vehicle identification and date of first installment may be left blank if vehicle not yet delivered to buyer. Prior to delivery of required contract to buyer, buyer may rescind contract and receive complete refund of any down payment including trade-in.

Student Loan Law: 34 C.F.R. § 685.405 Institutional response.

(a) For purposes of adjudicating a borrower defense claim other than those based on prior Secretarial final actions in accordance with § 685.404, the Department official notifies the institution of the group claim under § 685.402 or individual claim under § 685.403 and requests a response from the school. Such notification also may include, but is not limited to, requests for documentation to substantiate the school's response.

Home Foreclosures: 16.3.4.7a.1 The Supreme Court ruling in Tyler

Resolving the conflict in the lower courts, the Supreme Court in Tyler v. Hennepin County295 held that when a local government takes a home at a property tax foreclosure and keeps the homeowner’s equity after the tax debt is paid, it violates the Takings Clause of the Fifth Amendment. The Takings Clause is applicable to the States through the Fourteenth Amendment, and provides that “private property [shall not] be taken for public use, without just compensation.”

Home Foreclosures: 16.3.4.7a.4 Determining the amount of compensation that is due

The Supreme Court in Tyler did not address the critical question of how “just compensation” should be calculated in tax foreclosure cases. The lower courts in Tyler also had not dealt with the issue because the Takings Clause claim was dismissed. While Hennepin County eventually sold the property for $40,000, no court had ruled that this was the property value that should be used for determining the surplus equity or proper compensation.