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Updated or Revised Chapters/Appendices Uploaded Online

December 2022

Consumer Warranty Law
Chapter 11, Deception, Unfairness, Unconscionability, Lack of Good Faith, and Fraud

November 2022

Collection Actions
Chapter 3, Dismissal Before Reaching the Merits
Chapter 4, Proof of the Merits of the Collector’s Claims
Chapter 12, Challenging the Collector’s Judgment

Consumer Banking and Payments Law
Chapter 7, Prepaid Accounts, Gift and Payroll Cards, Mobile Payments, and Other Stored Value Systems (EBT)

Consumer Class Actions
Chapter 10, Class Certification

Consumer Warranty Law
Chapter 5, Fourteen Ways to Defeat Warranty Disclaimers
Chapter 6, Avoiding Vertical and Horizontal Privity Requirements
Chapter 7, Establishing Breach of Warranty: Notice, Standards, Proof, and Defenses
Chapter 10, UCC Damages
Chapter 12, Negligence and Strict Liability in Tort

Fair Debt Collection
Chapter 13, Bankruptcy and Affirmative Claims Arising from Debt Collection

Federal Deception Law
Chapter 7, The Telephone Consumer Protection Act (TCPA): Remedies and Litigation

Repossessions
Chapter 14, Consumer Leases

Student Loan Law
Chapter 10, Statutory Discharges of Federal Student Loans

Unfair and Deceptive Acts and Practices
Chapter 11, Litigating UDAP Cases

October 2022

Collection Actions
Chapter 2, Case Selection, Advising the Client, and Litigation Strategy
Chapter 8, Criminal and Civil Collection of Dishonored Checks
Chapter 9, Medical Debt

Consumer Class Actions
Chapter 1, Case and Claims Selection, Other First Considerations
Chapter 7, The Defendant's Response: Preliminary Motions, Individual Settlement Offers, Counterclaims, and More

Consumer Warranty Law
Chapter 1, Introductory Materials
Chapter 2, The Magnuson-Moss Warranty Act
Chapter 3, Express Warranties

Fair Credit Reporting
Chapter 4, Accuracy and Reinvestigation Obligations of Consumer Reporting Agencies
Chapter 7, Permissible Releases and Uses of Consumer Reports
Chapter 8, Notices Concerning Consumer Reports
Chapter 12, Private Litigation: Litigating the FCRA Case
Chapter 13, Public Enforcement
Appendix L, Government Enforcement Orders

Fair Debt Collection
Chapter 7, FDCPA s. 1692e: False, Deceptive, or Misleading

Federal Deception Law
Chapter 2, FTC Trade Regulation Rules
Chapter 3, Consumer Financial Protection Bureau UDAAP Standards
Chapter 4, The FTC Holder Rule and State Law Counterparts

Unfair and Deceptive Acts and Practices
Chapter 4, Deception, Unfairness, Unconscionability, and Abusiveness
Chapter 5, General Sales and Performance Practices
Chapter 6, Credit and Collections
Chapter 7, Motor Vehicle Sales, Rentals, and Repair
Chapter 8, Home and Home-Related Transactions
Chapter 9, Services, Insurance, Opportunity Schemes, Other Transactions
Chapter 10, Liability of Various Parties

September 2022

Consumer Arbitration Agreements
Chapter 6, Waiver of the Right to Compel Arbitration
Chapter 7, Federal Statutes and Rules Limiting Arbitration Requirements

Consumer Class Actions
Chapter 19, Attorney Fees

Consumer Warranty Law
Chapter 4, Implied Warranties
Chapter 8, UCC Self-Help Remedies: Cancellation of the Sale; Deducting Damages from the Outstanding Balance
Chapter 9, Ten Ways to Avoid Contractual Limitations on Remedies
Appendix F, State-by-State Analysis of New Car Lemon Laws
Appendix G, State-by-State Analysis of Service Contract Laws and Regulations

Fair Debt Collection
Chapter 9, Validation Notices, Disputes, and Verification, FDCPA s. 1692g
Chapter 11, FDCPA Litigation and Remedies

Mortgage Servicing and Loan Modifications
Chapter 12, Homeowner Rights During Natural Disasters and COVID-19

Truth in Lending
Chapter 9 Substantive Mortgage Regulation

Unfair and Deceptive Acts and Practices
Chapter 1, First Considerations
Chapter 2, UDAP Scope
Chapter 3, Demonstrating That a Practice Is a UDAP Violation

August 2022

Automobile Fraud (7th ed. 2022)
Chapter 1, Introduction and Practice Checklists
Chapter 2, Investigatory Techniques
Chapter 3, Automobile Title Law
Chapter 4, Yo-Yo (Spot Delivery) Abuses and Sublease Scams
Chapter 5, Federal and State Odometer Requirements
Chapter 6, Remedies for MVICSA and State Odometer Act Violations
Chapter 7, Other Statutes Specifically Relating to Automobile Fraud
Chapter 8, Common Law Fraud, Deceit, and Misrepresentation
Chapter 9, Warranty, Mistake, UDAP, RICO, Unconscionability, Negligence, and Contract Claims
Chapter 10, Litigating Automobile Fraud Cases
Appendix A, Federal Statutes
Appendix B, Federal Regulations
Appendix C, State Laws Relating to Automobile Fraud
Appendix D, State Statutes and Regulations Relating to Yo-Yo Sales
Appendix E, State-by-State Information on Requesting Title Histories
Appendix F, State Automobile Dealer Licensing Offices
Appendix G, Sample Pleadings Available with Digital Version
Appendix H, Websites Related to Automobile Fraud

Consumer Class Actions
Chapter 8, Discovery
Chapter 10, Class Certification
Chapter 12, Appeals of Certification Rulings
Chapter 13, Class Notice
Chapter 14, Negotiations and Settlement
Chapter 15, The Court Settlement Approval Process

Credit Discrimination
Chapter 7, Redlining

Federal Deception Law
Chapter 3, Consumer Financial Protection Bureau UDAAP Standards
Chapter 4, The FTC Holder Rule and State Law Counterparts

Mortgage Lending
Chapter 4, State Law Claims and Defenses to Abusive Mortgage Lending
Chapter 6, Ability to Repay, Steering, Loan Churning, Property Flipping, and Appraisal Fraud

Student Loan Law
Chapter 3, Pre-Default Repayment Options
Chapter 7, Repayment Strategies for Getting Out of Federal Student Loan Default
Chapter 8, Federal Student Loan Collection: The Federal Collection System, Private Collection Agencies, and Defenses to Collection Actions
Chapter 10, Statutory Discharges of Federal Student Loans

July 2022

Automobile Fraud
Appendix D, State Statutes and Regulations Relating to Yo-Yo Sales

Consumer Bankruptcy Law and Practice
Appendix G, Sample Bankruptcy Pleadings and Other Forms

Consumer Class Actions
Chapter 4, Choosing the Class Definition

Fair Credit Reporting (10th ed. 2022)
Chapter 1, Introduction
Chapter 2, Scope: Consumer Reports and Consumer Reporting Agencies
Chapter 3, Access to and Examination of the Consumer’s File
Chapter 4, Accuracy and Reinvestigation Obligations of Consumer Reporting Agencies
Chapter 5, Obsolete and Restricted Information in Consumer Reports
Chapter 6, Activities and Duties of Furnishers of Information to Consumer Reporting Agencies
Chapter 7, Permissible Releases and Uses of Consumer Reports
Chapter 8, Notices Concerning Consumer Reports
Chapter 9, Identity Theft—FCRA and Other Protections
Chapter 10, Claims for Consumer Reporting Disputes: Availability, Private Enforcement, State Claims, and Preemption
Chapter 11, Private Litigation: Pre-Filing Considerations
Chapter 12, Private Litigation: Litigating the FCRA Case
Chapter 13, Public Enforcement
Chapter 14, Practical Advice on Consumer Reporting
Chapter 15, Investigative Consumer Reports
Chapter 16, Credit Scoring
Chapter 17, Credit Repair Legislation
Chapter 18, Privacy Protection
Appendix A, Fair Credit Reporting Act
Appendix B, FCRA Regulations, Interpretations, and Guidelines
Appendix C, FCRA Model Forms
Appendix D, FTC Staff Summary
Appendix E, Index to CFPB Bulletins and Federal Trade Commission Informal Staff Opinion Letters with FCRA Sections
Appendix F, Credit Repair Organizations Act
Appendix G, The Gramm-Leach-Bliley Act
Appendix H, Summary of State Laws on Consumer Reporting, Identity Theft, Credit Repair, and Security Freezes
Appendix I, Sample Credit Reports and Industry Forms
Appendix J, Sample Complaints
Appendix K, Sample Settlement Language to Address Credit Reporting
Appendix L, Government Enforcement Orders
Appendix M, Consumer Guides to Credit Reporting and Credit Scores (Appropriate for General Distribution)
Appendix N, Fair Credit Reporting Related Websites
Appendix O, List of Consumer Reporting Agencies and Other Database Companies

Fair Debt Collection
Chapter 1, Introduction

Home Foreclosures
Appendix A, Selected Provisions of the Servicemembers Civil Relief Act
Appendix B, Selected Statutes and Regulations Pertaining to Mortgages Held or Insured by the Federal Government

Student Loan Law
Chapter 12, Private Student Loans
Appendix B, Federal Regulations

June 2022

Access to Utility Service
Chapter 7, Utility Affordability Programs: Description and Implementation
Appendix B, Telephone and Telecommunications Materials
Appendix C, The Low Income Home Energy Assistance Program (LIHEAP)
Appendix D, The Department of Energy’s Weatherization Assistance Program

Automobile Fraud
Chapter 9, Warranty, Mistake, UDAP, RICO, Unconscionability, Negligence, and Contract Claims

Collection Actions
Appendix A, Selected Provisions of the Servicemembers Civil Relief Act
Appendix C, Selected Provisions Governing Collection of Debts Owed to Federal Government
Appendix F, Selected Federal Exemption Provisions

Consumer Banking and Payments Law
Chapter 2, Deposit Accounts: Account Opening, Closing, Statements, Fees, and Interest
Chapter 5, Electronic Fund Transfers
Appendix D, Payments to Telemarketers
Appendix H, Federal Benefits Payments

Consumer Bankruptcy Law and Practice
Chapter 14, Litigating in the Bankruptcy Court
Chapter 15, The Discharge: Protecting It and Using It
Chapter 16, Attorney Fees for Debtor’s Counsel and Attorney Duties in Consumer Bankruptcy Cases
Chapter 17, Chapter 12 Bankruptcy: Family Farmer and Family Fisherman Reorganization
Appendix C, Bankruptcy Policies, Regulations, Fees, and Agency Notices
Appendix H, Practice Aids
Appendix I, Means Test Data

Federal Deception Law
Chapter 4, The FTC Holder Rule and State Law Counterparts
Appendix C, Federal Regulation of Telemarketing, Robocalls, and Junk Faxes

Mortgage Lending
Chapter 6, Ability to Repay, Steering, Loan Churning, Property Flipping, and Appraisal Fraud

Mortgage Servicing and Loan Modifications
Appendix I, State-by-State Analysis of State Court Standing Requirements

Student Loan Law
Appendix A, Federal Student Loan Statutes
Appendix B, Federal Regulations

Truth in Lending
Appendix I, State-by-State Analysis of State Court Standing Requirements

May 2022

Automobile Fraud
Chapter 4, Yo-Yo (Spot-Delivery) Abuses and Sublease Scams
Chapter 7, Other Statutes Specifically Relating to Automobile Fraud
Chapter 8, Common Law Fraud, Deceit, and Misrepresentation

Collection Actions
Chapter 3, Dismissal Before Reaching the Merits
Chapter 4, Proof of the Merits of the Collector’s Claims
Chapter 5, Defenses and Counterclaims
Chapter 12, Challenging the Collector’s Judgment
Chapter 17, Prevailing Consumers’ Postjudgment Actions

Consumer Bankruptcy Law and Practice
Chapter 10, Exemptions
Chapter 11, Dealing with Secured Creditors
Chapter 12, Issues Arising in Chapter 13 Cases
Chapter 13, Dismissal or Conversion of a Bankruptcy Case
Chapter 18, Consumers As Creditors in Bankruptcy: Selected Topics
Appendix A, Bankruptcy Statutes

Consumer Class Actions
Appendix C, Survey of State Class Action Law—2022
Appendix G, State-by-State Analysis of State Court Standing Requirements

Consumer Credit Regulation
Appendix D, Summaries of State Closed-End Installment Loan Statutes

Credit Discrimination (8th ed. 2022)
Chapter 1, Introduction and First Considerations
Chapter 2, Scope
Chapter 3, Prohibited Bases for Discrimination
Chapter 4, Proving Credit Discrimination
Chapter 5, Discrimination in Pre-Application and Application Procedures
Chapter 6, Discrimination in Credit Evaluation
Chapter 7, Redlining
Chapter 8, Discrimination Law Challenges to Predatory Lending and Unfair Pricing
Chapter 9, Discrimination Subsequent to the Granting of Credit
Chapter 10, ECOA Procedural Requirements
Chapter 11, Litigating a Credit Discrimination Case
Chapter 12, Government Enforcement
Appendix A, Federal Credit Discrimination Statutes
Appendix B, Regulation B (Equal Credit Opportunity)
Appendix C, Official Interpretations of Regulation B
Appendix D, Fair Housing Act Regulations
Appendix E, Home Mortgage Disclosure Act and Regulation C
Appendix F, State Credit Discrimination Laws
Appendix G, Sample Pleadings
Appendix H, Sample Discovery
Appendix I, Consumer’s Guide to Credit Discrimination Laws (Appropriate for Distribution to Clients)
Appendix J, Bibliography of Social Science Research on Credit Discrimination Issues
Appendix K, Useful Credit Discrimination Weblinks

Fair Credit Reporting
Appendix H, Summary of State Laws on Consumer Reporting, Identity Theft, Credit Repair, and Security Freezes

Fair Debt Collection
Chapter 12, Debt Collectors' Defenses and Counterclaims

Home Foreclosures
Appendix E, Summary of State Foreclosure Laws
Appendix G Summary of State Tax Lien Foreclosure Laws

Mortgage Lending
Appendix P, State Court Standing Requirements

Truth in Lending
Chapter 5, Specific Closed-End Disclosures
Chapter 6, Disclosures for Credit Cards and Other Non-Home-Secured Open-End Credit
Chapter 7, Substantive Protections for Credit Cards and Other Open-End Credit
Chapter 13, Consumer Leasing Act

April 2022

Collection Actions
Chapter 2, Case Selection, Advising the Client, and Litigation Strategy

Consumer Arbitration Agreements
Chapter 9, Conducting Individual Arbitrations
Appendix A, The Federal Arbitration Act
Appendix B, Federal Limits on Arbitration
Appendix C, Rules of the American Arbitration Association
Appendix D, JAMS Rules

Consumer Bankruptcy Law and Practice
Chapter 9, Automatic Stays and Turnover of Property

Consumer Credit Regulation
Chapter 12, Auto Title Loans

Credit Discrimination
Chapter 5, Discrimination in Pre-Application and Application Procedures
Chapter 7, Redlining
Chapter 8, Discrimination Law Challenges to Predatory Lending and Unfair Pricing
Chapter 9, Discrimination Subsequent to the Granting of Credit
Chapter 10, ECOA Procedural Requirements
Chapter 11, Litigating a Credit Discrimination Case
Chapter 12, Government Enforcement
Appendix B, Regulation B (Equal Credit Opportunity)
Appendix D, Fair Housing Act Regulations
Appendix E, Home Mortgage Disclosure Act and Regulation C
Appendix F, State Credit Discrimination Laws

Fair Debt Collection
Appendix I, State-by-State Analysis of State Court Standing Requirements

Federal Deception Law
Appendix M, State-by-State Analysis of State Court Standing Requirements

Home Foreclosures
Chapter 11a, Second Mortgage Foreclosures
Chapter 7, Defending Foreclosures by Challenging Unfair Lending Practices

Mortgage Lending
Chapter 3, Federal Laws Relevant to Abusive Mortgage Lending
Appendix C, Real Estate Settlement Procedures Act
Appendix E, National Bank Regulation
Appendix F, Federal Savings Association Regulation
Appendix G, Federal Credit Union Regulation
Appendix K, Loans Insured by Federal Agencies

Truth in Lending
Chapter 8, Home Equity Lines of Credit (HELOCs) and Reverse Mortgages

March 2022

Consumer Bankruptcy Law and Practice
Chapter 1, About This Treatise
Chapter 2, What Is Bankruptcy? Some General Concepts
Chapter 3, Chapter 7 Bankruptcy (Straight Bankruptcy): The Basic Steps
Chapter 4, Chapter 13 Bankruptcy: The Basic Steps
Chapter 5, Getting All the Necessary Facts
Chapter 6, Counseling the Consumer Debtor: Does Bankruptcy Provide the Best Solution and, If So, How and When?
Chapter 7, Preparing and Filing the Papers
Chapter 8, After the Papers Are Filed

Consumer Class Actions
Chapter 10, Class Certification
Chapter 11, The Class Motion and Briefs
Appendix G, State-by-State Analysis of State Court Standing Requirements

Consumer Credit Regulation
Appendix E, Summaries of State Open-End Credit Statutes
Appendix F, Rate Exportation
Appendix G, Preemption Based on OCC Regulation of Federal Depositories
Appendix I, Federal Credit Unions

Credit Discrimination
Chapter 2, Scope
Chapter 3, Prohibited Bases for Discrimination
Chapter 4, Proving Credit Discrimination
Chapter 6, Discrimination in Credit Evaluation

Home Foreclosures
Chapter 5, Procedural and Equitable Defenses to Home Foreclosures
Chapter 11a, Second Mortgage Foreclosures

Mortgage Lending
Chapter 1, Background
Chapter 8, Interest and Other Loan Terms
Chapter 9, Reverse Mortgages
Chapter 10, Land Installment Contracts
Chapter 12, Mortgage Litigation
Appendix L, Federal Reverse Mortgage Provisions

Truth in Lending
Chapter 6, Disclosures for Credit Cards and Other Non-Home-Secured Open-End Credit
Chapter 7, Substantive Protections for Credit Cards and Other Open-End Credit
Appendix B, Regulation Z
Appendix C, Official Interpretations of Regulation Z

February 2022

Collection Actions
Chapter 6, Creditors’ Recovery of Attorney Fees, Collection Expenses, Postjudgment Interest
Chapter 10, Federal Administrative Agency Collections
Chapter 13, Enforcement of Judgments: General Principles, Constitutional Issues
Chapter 14, Protecting Debtors’ Wages, Benefits, Other Income, and Bank Accounts
Chapter 15, Protecting the Debtor’s Home, Tangible Personal Property, and Other Assets

Consumer Credit Regulation
Chapter 1, Background
Chapter 2, Statutes Restricting Credit Terms
Chapter 3, Federal Preemption and the Applicable State Statute
Chapter 4, Interest, Points, Fees, and Delinquency Charges
Chapter 5, Credit Math: Calculating Interest and Rebates
Chapter 7, Litigation
Chapter 9, Payday and Similar Loans
Chapter 10, Installment Loans
Chapter 11, Motor Vehicle, Manufactured Home, and Other Installment Sales
Chapter 13, Rent-to-Own and Leases
Chapter 14, “Sale” of Future Payment Streams
Chapter 15, Tax-Time Financial Products: RALs, RACs, and Assignments
Appendix B, State Lending Statutes
Appendix D, Summaries of State Closed-End Installment Loan Statutes
Appendix E, Summaries of State Open-End Credit Statutes

Federal Deception Law
Chapter 7, The Telephone Consumer Protection Act (TCPA): Remedies and Litigation

Mortgage Lending
Chapter 2, Analyzing and Preparing a Mortgage Origination Case

January 2022

Automobile Fraud
Chapter 6, Remedies for MVICSA and State Odometer Act Violations
Appendix C, State Laws Relating to Automobile Fraud
Appendix F, State Automobile Dealer Licensing Offices

Collection Actions
Chapter 3, Dismissal Before Reaching the Merits
Chapter 4, Proof of the Merits of the Collector’s Claims
Chapter 17, Prevailing Consumers’ Postjudgment Actions

Consumer Banking and Payments Law
Chapter 8, Electronic Benefit Transfer (EBT)
Chapter 9, Federal Benefit Payments

Consumer Class Actions
Chapter 4, Choosing the Class Definition
Chapter 12, Appeals of Certification Rulings
Chapter 14, Negotiations and Settlement
Chapter 19, Attorney Fees

Home Foreclosures
Chapter 8, Litigating Foreclosure Cases
Chapter 9, Using Bankruptcy to Prevent Foreclosures
Chapter 11, Manufactured Home Foreclosures and Repossessions
Chapter 12, Forfeiture of Land Installment Sales Contracts
Chapter 15, Tax Liens and Tax Foreclosures
Chapter 16, Foreclosure Rescue Scams
Appendix H, Summary of State Condominium Laws

Mortgage Lending
Appendix M, Summary of State Reverse Mortgage Laws

Student Loan Law
Chapter 14, Affirmative Litigation Involving Student Loans and Schools