November 2024
Access to Utility Service
Chapter 9, Weatherization and Energy Efficiency Programs
Fair Credit Reporting
Chapter 11, Private Litigation: Pre-Filing Considerations
Fair Debt Collection
Chapter 13, Bankruptcy and Affirmative Claims Arising from Debt Collection
Unfair and Deceptive Acts and Practices
Chapter 8, Home and Home-Related Transactions
Chapter 11, Litigating UDAP Cases
Appendix A, Statute-by-Statute Analysis of State UDAP Statutes
Appendix B, Useful Websites
October 2024
Access to Utility Service
Chapter 2, Right to Utility Service
Collection Actions
Chapter 7, Defending Military Personnel in Collection Actions
Chapter 12, Other Special Collection Actions
Consumer Credit Regulation
Chapter 2, Statutes Restricting Credit Terms
Chapter 3 Federal Preemption and the Applicable State Statute
Chapter 9, Payday Loans, Earned Wage Advances, and Similar Cash Advances
Chapter 10, Installment Loans
Chapter 12, Auto Title Loans
Chapter 14, “Sale” of Future Payment Streams
Federal Deception & Abuse Law
Appendix C, Federal Regulation of Telemarketing, Robocalls, and Junk Faxes
Mortgage Servicing and Loan Modifications
Chapter 12, Homeowner Rights During Natural Disasters and COVID-19
Student Loan Law
Chapter 1, Getting Started
Chapter 2, Taking Out a Federal Student Loan: Basic Terms and Conditions
Chapter 4, Postponing Repayment on Federal Student Loans
Chapter 6, Implications of Student Loan Defaults
Chapter 7, Repayment Strategies for Getting Out of Federal Student Loan Default
Chapter 8, Federal Student Loan Collection and Defenses
Chapter 9, Seizures of Income and Assets to Collect Federal Student Loans
Chapter 11, Public Service Loan Forgiveness and Other Profession-Related Discharges
Chapter 14, Tax Implications of Student Loan Discharges
Chapter 15, Discharging Student Loans in Bankruptcy
Truth in Lending
Chapter 3, Finance Charge
Unfair and Deceptive Acts and Practices
Chapter 2, UDAP Scope
Chapter 6, Credit and Collections
Chapter 7, Motor Vehicle Sales, Rentals, and Repair
September 2024
Collection Actions
Chapter 1, Introduction
Chapter 2, Case Selection, Advising the Client, and Litigation Strategy
Chapter 3, Dismissal Before Reaching the Merits
Chapter 4, Proof of the Merits of the Collector’s Claims
Chapter 5, Defenses and Counterclaims
Chapter 13, Challenging the Collector’s Judgment
Chapter 18, Prevailing Consumers’ Postjudgment Actions
Consumer Banking and Payments Law
Appendix A, Uniform Commercial Code Provisions on Consumer Checking
Consumer Credit Regulation
Chapter 2, Statutes Restricting Credit Terms
Chapter 5, Credit Math: Calculating Interest and Rebates
Chapter 7, Litigation
Appendix D, Summaries of State Closed-End Installment Loan Statutes
Credit Discrimination
Chapter 12, Government Enforcement
Appendix F, State Credit Discrimination Laws
Appendix J, Bibliography of Social Science Research on Credit Discrimination Issues
Fair Credit Reporting
Chapter 12, Private Litigation: Litigating the FCRA Case
Federal Deception & Abuse Law (5th ed. 2024)
Chapter 1, First Considerations
Chapter 2, FTC Trade Regulation Rules
Chapter 3, Consumer Financial Protection Bureau UDAAP Standards
Chapter 4, The FTC Holder Rule and State Law Counterparts
Chapter 5, Telemarketing Fraud: The FTC Telemarketing Sales Rule and State Counterparts
Chapter 6, Unwanted Voice Calls, Texts, and Junk Faxes
Chapter 7, The Telephone Consumer Protection Act (TCPA): Remedies and Litigation
Chapter 8, The Federal Racketeer Influenced and Corrupt Organizations Act (RICO)
Chapter 9, State RICO, Civil Theft, and Related Statutes
Chapter 10, The Federal False Claims Act and Other Whistleblower Laws
Chapter 11, Regulation of Debt Relief Services
Chapter 12, Other Statutes Protecting Consumers
Appendix A, FTC Trade Regulation Rules
Appendix B, Selected Consumer Financial Protection Act Provisions
Appendix C, Federal Regulation of Telemarketing, Robocalls, and Junk Faxes
Appendix D, State Telemarketing and Robocall Statutes Summarized
Appendix E, Federal RICO Statute
Appendix F, State RICO Statutes Summarized
Appendix G, Federal False Claims Act
Appendix H, State False Claims Act Statutes Summarized
Appendix I, State Debt Relief Statutes Summarized
Appendix J, Mailing of Unordered Merchandise
Appendix K, Restore Online Shoppers’ Confidence Act
Appendix L, Federal Regulation of Spam Email
Appendix M, State-by-State Analysis of State Court Standing Requirements
Student Loan Law
Chapter 12, Discharges Based on Disability and Death
Truth in Lending
Chapter 11, Consumer Remedies
Unfair and Deceptive Acts and Practices
Chapter 12, UDAP Private Remedies
Chapter 13, State Agency Enforcement
August 2024
Automobile Fraud
Chapter 5, Federal and State Odometer Requirements
Chapter 6, Remedies for MVICSA and State Odometer Act Violations
Consumer and Worker Arbitration Provisions (9th ed. 2024)
Chapter 1, Preliminary Issues
Chapter 2, Threshold Issues for Challenges to Arbitration Clauses
Chapter 3, Federal Arbitration Act Relation to State Law
Chapter 4, Formation of Agreement to Arbitrate
Chapter 5, Arbitration Clause’s Applicability to Particular Claims or Parties
Chapter 6, Waiver of the Right to Compel Arbitration
Chapter 7, Federal Statutes and Rules Limiting Arbitration Requirements
Chapter 8, Unconscionable and Other Unenforceable Arbitration Provisions
Chapter 9, Conducting Individual Arbitrations
Chapter 10, Class, Mass, and Representative Arbitration
Chapter 11, Judicial Review and Effect of the Arbitration Award
Chapter 12, Creditor’s Use of Arbitration to Collect Consumer Debts
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 Credit Regulation
Chapter 2, Statutes Restricting Credit Terms
Chapter 3, Federal Preemption and the Applicable State Statute
Chapter 13, Rent-to-Own and Leases
Chapter 15, Tax-Time Financial Products: RALs, RACs, and Assignments
Credit Discrimination
Chapter 7, Redlining
Chapter 11, Litigating a Credit Discrimination Case
Fair Credit Reporting
Chapter 4, Accuracy and Reinvestigation Obligations of Consumer Reporting Agencies
Federal Deception Law
Appendix A, FTC Trade Regulation Rules
Appendix D, State Telemarketing and Robocall Statutes Summarized
Appendix E, Federal RICO Statute
Appendix F, State RICO Statutes Summarized
Appendix G, Federal False Claims Act
Appendix H, State False Claims Act Statutes Summarized
Appendix I, State Debt Relief Statutes Summarized
Truth in Lending
Chapter 8, Home Equity Lines of Credit (HELOCs) and Reverse Mortgages
Chapter 12, Creditor Defenses and Counterclaims
Unfair and Deceptive Acts and Practices
Chapter 3, Demonstrating That a Practice Is a UDAP Violation
Chapter 4, Deception, Unfairness, Unconscionability, and Abusiveness
Chapter 5, General Sales and Performance Practices
Chapter 10, UDAP Liability of Various Parties
July 2024
Automobile Fraud
Chapter 4, Yo-Yo (Spot-Delivery) Abuses and Sublease Scams
Consumer Arbitration Agreements
Appendix B, Federal Limits on Arbitration
Appendix C, Rules of the American Arbitration Association
Appendix D, JAMS Rules
Consumer Banking and Payments Law (7th ed. 2024)
Chapter 1, First Considerations
Chapter 2, Deposit Accounts: Account Opening, Disclosures, Fees, and Account Closing
Chapter 3, The Consumer’s Payment by Personal Check
Chapter 4, Check Payments to Consumers
Chapter 5, Overdraft and Non-Sufficient Funds (NSF) Fees
Chapter 6, Deposited Funds Availability and Account Holds
Chapter 7, Electronic Fund Transfers
Chapter 8, Prepaid Accounts, Gift and Payroll Cards, Payment Apps, and Other Stored Value Systems
Chapter 9, International Remittances, Person-to-Person (P2P) Transfers, Money Services Businesses, and Wire Transfers
Chapter 10, Electronic Benefit Transfer (EBT)
Chapter 11, Federal Benefit Payments
Chapter 12, Banker’s Setoff and Security Interests in Bank Accounts
Chapter 13, Electronic Transactions: Contracts, Disclosures, and Signatures
Appendix A, Uniform Commercial Code Provisions on Consumer Checking
Appendix B, Truth in Savings
Appendix C, Federal Check Regulation: Check 21, Funds Availability, and Check Collections
Appendix D, The Federal Trade Commission’s Telemarketing Sales Rule
Appendix E, Electronic Fund Transfers
Appendix F, Nacha Operating Rules, Guidelines, and Bulletins
Appendix G, Prepaid Accounts and Other Stored Value Systems
Appendix H, Federal Benefits Payments
Appendix I, Electronic Signatures and Records
Appendix J, State-by-State Analysis of State Court Standing Requirements
Consumer Bankruptcy Law and Practice
Chapter 18, Consumers as Creditors in Bankruptcy: Selected Topics
Consumer Credit Regulation
Chapter 3, Federal Preemption and the Applicable State Statute
Credit Discrimination
Chapter 6, Discrimination in Credit Evaluation
Chapter 10, ECOA Procedural Requirements
Fair Credit Reporting
Chapter 2, Scope: Consumer Reports and Consumer Reporting Agencies
Chapter 7, Permissible Releases and Uses of Consumer Reports
Chapter 12, Private Litigation: Litigating the FCRA Case
Federal Deception Law
Chapter 11, Regulation of Debt Relief Services
Chapter 12, Other Statutes Protecting Consumers
Mortgage Lending
Chapter 6, Preemption of State Laws That Conflict with Federal Banking Laws
Student Loan Law
Chapter 3, Pre-Default Repayment Options
Appendix A, Federal Student Loan Statutes
Appendix B, Federal Regulations
Unfair and Deceptive Acts and Practices
Chapter 6, Credit and Collections
June 2024
Consumer Bankruptcy Law and Practice
Chapter 12, Issues Arising in Chapter 13 Cases
Chapter 15, The Discharge: Protecting It and Using It
Chapter 18, Consumers as Creditors in Bankruptcy: Selected Topics
Appendix G, Sample Bankruptcy Pleadings and Other Forms
Credit Discrimination
Chapter 5, Discrimination in Pre-Application and Application Procedures
Chapter 7, Redlining
Chapter 9, Discrimination Subsequent to the Granting of Credit
Fair Credit Reporting
Chapter 6, Activities and Duties of Furnishers of Information to Consumer Reporting Agencies
Chapter 8, Notices Concerning Consumer Reports
Chapter 11, Private Litigation: Pre-Filing Considerations
Chapter 15, Investigative Consumer Reports
Chapter 16, Credit Scoring
Fair Debt Collection
Appendix D, Summary of State Debt Collection Statutes
Federal Deception Law
Chapter 2, FTC Trade Regulation Rules
Chapter 4, The FTC Holder Rule and State Law Counterparts
Chapter 8, The Federal Racketeer Influenced and Corrupt Organizations Act (RICO)
Chapter 9, State RICO, Civil Theft, and Related Statutes
Chapter 10, The Federal False Claims Act and Other Whistleblower Laws
Repossessions
Chapter 7, Unsecured Personal Property Taken During Repossession
Student Loan Law
Chapter 3, Pre-Default Repayment Options
Chapter 10, Statutory Discharges Based on School Misconduct
Chapter 17, Predatory and For-Profit School Issues
Truth in Lending
Chapter 7, Substantive Protections for Credit Cards and Other Open-End Credit
May 2024
Access to Utility Service (7th ed. 2024)
Chapter 1, Introduction
Chapter 2, Right to Utility Service
Chapter 3, Tenant Strategies for Maintaining Service
Chapter 4, Metering Issues: Metering Errors, Master Metering, Submetering, Prepayment Meters, Advanced Meters
Chapter 5, Payment Issues: Payment, Security Deposits, and Late Charges
Chapter 6, Termination of Utility Service and Termination Protections
Chapter 7, Utility Affordability Programs: Description and Implementation
Chapter 8, The Low Income Home Energy Assistance Program (LIHEAP)
Chapter 9, Weatherization and Energy Efficiency Programs
Chapter 10, Telecommunications
Chapter 11, Affordable Water Service
Chapter 12, Bankruptcy Issues: When Either the Consumer or Landlord Files for Bankruptcy
Chapter 13, Manufactured Homes and Utility Service
Chapter 14, Due Process Protections for Municipal and REC Customers; Unregulated Deliverable Fuels
Appendix A, State Regulation of Utilities
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
Consumer Arbitration Agreements
Chapter 2, Threshold Issues for Challenges to Arbitration Clauses
Chapter 4, Formation of Agreement to Arbitrate
Chapter 6, Waiver of the Right to Compel Arbitration
Chapter 11, Judicial Review and Effect of the Arbitration Award
Chapter 12, Creditor’s Use of Arbitration to Collect Consumer Debts
Consumer Bankruptcy Law and Practice
Chapter 13, Dismissal or Conversion of a Bankruptcy Case
Chapter 14, Litigating in the Bankruptcy Court
Chapter 16, Attorney Fees for Debtor's Counsel and Attorney Duties in Consumer Bankruptcy Cases
Fair Credit Reporting
Chapter 5, Obsolete and Restricted Information in Consumer Reports
Chapter 17, Credit Repair Legislation
Federal Deception Law
Chapter 3, Consumer Financial Protection Bureau UDAAP Standards
Chapter 5, Telemarketing Fraud: The FTC Telemarketing Sales Rule and State Counterparts
Appendix C, Federal Regulation of Telemarketing, Robocalls, and Junk Faxes
Mortgage Lending
Appendix Q, Websites Relating to Mortgage Lending Issues
Mortgage Servicing and Loan Modifications
Chapter 2, Common Mortgage Servicing Problems
Chapter 3, Servicing Requirements Under the Real Estate Settlement Procedures Act
Chapter 10, Legal Claims for Failure to Handle Loss Mitigation Properly
Truth in Lending
Chapter 6, Disclosures for Credit Cards and Other Non-Home-Secured Open-End Credit
Unfair and Deceptive Acts and Practices
Chapter 4, Deception, Unfairness, Unconscionability, and Abusiveness
Chapter 5, General Sales and Performance Practices
Appendix C, State-by-State Analysis of State Court Standing Requirements
April 2024
Consumer Arbitration Agreements
Chapter 3, Federal Arbitration Act Preemption of State Law
Chapter 5, Arbitration Clause’s Applicability to Particular Claims or Parties
Chapter 8, Unconscionable and Other Unenforceable Arbitration Provisions
Consumer Bankruptcy Law and Practice
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 10, Exemptions
Chapter 11, Dealing with Secured Creditors
Fair Debt Collection
Chapter 4, Coverage and Definitions, FDCPA § 1692a
Chapter 6, Harassing, Oppressive, or Abusive Conduct; FDCPA § 1692d
Chapter 8, FDCPA § 1692f: Unfair or Unconscionable Collections
Chapter 9, Validation Notices, Disputes, and Verification, FDCPA § 1692g
Chapter 11, FDCPA Litigation and Remedies
Chapter 12, Debt Collectors’ Defenses and Counterclaims
Mortgage Lending (4th ed. 2024)
Chapter 1, Background
Chapter 2, Mortgage Basics
Chapter 3, Preparing a Mortgage Origination Case
Chapter 4, Federal Laws Relevant to Abusive Mortgage Lending
Chapter 5, State Law Claims and Defenses to Abusive Mortgage Lending
Chapter 6, Preemption of State Laws That Conflict with Federal Banking Laws
Chapter 7, Ability to Repay, Steering, Loan Churning, Property Flipping, and Appraisal Fraud
Chapter 8, Mortgage Brokers and Other Third Parties: Charges and Abuses
Chapter 9, Interest and Other Loan Terms
Chapter 10, Reverse Mortgages
Chapter 11, Land Installment Contracts
Chapter 12, Other Nontraditional Mortgage Loans
Chapter 13, Mortgage Litigation
Chapter 14, Litigating Claims When a Bank Fails
Appendix A, State Mortgage Lending Statutes
Appendix B, State Predatory Lending Statutes
Appendix C, Real Estate Settlement Procedures Act
Appendix D, Truth in Lending Act Substantive Mortgage Regulation
Appendix E, National Bank Regulation
Appendix F, Federal Savings Association Regulation
Appendix G, Federal Credit Union Regulation
Appendix H, Other Substantive Mortgage Restrictions
Appendix I, Depository Institutions Deregulation and Monetary Control Act of 1980 (DIDA)
Appendix J, Alternative Mortgage Transaction Parity Act
Appendix K, Loans Insured by Federal Agencies
Appendix L, Federal Reverse Mortgage Provisions
Appendix M, Summary of State Reverse Mortgage Laws
Appendix N, State Statutory Requirements for Land Contract Transactions
Appendix O, State Court Standing Requirements
Appendix P, Failed Bank Receivership Statutes
Appendix Q, Websites Relating to Mortgage Lending Issues
Truth in Lending
Chapter 4, General Rules for Closed-End Credit Disclosures
Chapter 8, Home Equity Lines of Credit (HELOCs) and Reverse Mortgages
Chapter 12, Creditor Defenses and Counterclaims
Chapter 13, Consumer Leasing Act
Unfair and Deceptive Acts and Practices
Chapter 1, First Considerations
Chapter 2, UDAP Scope
Chapter 3, Demonstrating That a Practice Is a UDAP Violation
Chapter 6, Credit and Collections
Chapter 7, Motor Vehicle Sales, Rentals, and Repair
Chapter 10, UDAP Liability of Various Parties
Chapter 11, Litigating UDAP Cases
Chapter 12, Private UDAP Remedies
March 2024
Consumer Arbitration Agreements
Chapter 3, Federal Arbitration Act Preemption of State Law
Chapter 4, Formation of Agreement to Arbitrate
Chapter 5, Arbitration Clause’s Applicability to Particular Claims or Parties
Chapter 7, Federal Statutes and Rules Limiting Arbitration Requirements
Consumer Bankruptcy Law and Practice
Chapter 2, What Is Bankruptcy? Some General Concepts
Chapter 3, Chapter 7 Bankruptcy (Straight Bankruptcy): The Basic Steps
Chapter 5, Getting All the Necessary Facts
Chapter 8, After the Papers Are Filed
Chapter 9, Automatic Stays and Turnover of Property
Consumer Credit Regulation
Chapter 9, Payday and Similar Loans
Fair Credit Reporting
Chapter 14, Practical Advice on Consumer Reporting
Fair Debt Collection
Chapter 7, FDCPA § 1692e: False, Deceptive, or Misleading
Federal Deception Law
Chapter 6, Unwanted Calls, Texts, and Junk Faxes
Mortgage Servicing and Loan Modifications
Chapter 4, Other Federal Statutes Impacting Loan Servicing
Chapter 5, State Law Servicing Claims
Chapter 8, Loss Mitigation for FHA-Insured Loans
Truth in Lending
Chapter 1, Overview
Chapter 2, Scope
Repossessions
Chapter 3, Enforceable Security Interests
Chapter 4, Default As Precondition to Seizure
Chapter 5, Replevin
Chapter 6, Self-Help Repossession
February 2024
Access to Utility Services
Chapter 11, Telecommunications
Appendix A, State Regulation of Utilities
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
Consumer Arbitration Agreements
Chapter 1, Preliminary Issues
Chapter 9, Conducting Individual Arbitrations
Consumer Class Actions
Chapter 13, Class Notice
Chapter 14, Negotiations and Settlement
Chapter 15, The Court Settlement Approval Process
Chapter 17, The Class Action Trial
Chapter 18, Res Judicata and Collateral Estoppel
Federal Deception Law
Chapter 7, The Telephone Consumer Protection Act (TCPA): Remedies and Litigation
Student Loan Law
Chapter 3, Pre-Default Repayment Options
January 2024
Access to Utility Services
Chapter 1, Introduction
Chapter 5, Payment Issues: Payment, Security Deposits, and Late Charges
Chapter 6, Termination of Utility Service and Termination Protections
Chapter 7, Utility Affordability Programs: Description and Implementation
Chapter 9, Weatherization and Energy Efficiency Programs
Chapter 14, Manufactured Homes and Utility Service
Automobile Fraud
Appendix D, State Statutes and Regulations Relating to Yo-Yo Sales
Consumer Class Actions
Chapter 1, Case and Claims Selection, Other First Considerations
Chapter 3, Venue
Chapter 4, Choosing the Class Definition
Chapter 5, Drafting the Complaint
Chapter 6, Plaintiff's Preliminary Actions to Protect the Class
Chapter 7, The Defendant’s Response: Preliminary Motions, Individual Settlement Offers, Counterclaims, and More
Chapter 8, Discovery
Chapter 9, Representing the Named Plaintiff at Deposition
Chapter 11, The Class Certification Motion and Briefs
Chapter 12, Appeals of Certification Rulings
Home Foreclosures
Chapter 16, Tax Liens and Tax Foreclosures
Mortgage Lending
Chapter 4, State Law Claims and Defenses to Abusive Mortgage Lending
Chapter 7, Mortgage Brokers and Other Third Parties: Charges and Abuses
Chapter 8, Interest and Other Loan Terms
Chapter 9, Reverse Mortgages
Chapter 10, Land Installment Contracts
Appendix C, Real Estate Settlement Procedures Act
Appendix G, Federal Credit Union Regulation
Appendix L, Federal Reverse Mortgage Provisions
Mortgage Servicing and Loan Modifications
Chapter 9, Loss Mitigation for Loans Insured by the Department of Veterans Affairs or the Rural Housing Service
Chapter 11, Litigating Mortgage Servicing Claims
Chapter 12, Homeowner Rights During Natural Disasters and COVID-19
December 2023
Access to Utility Services
Chapter 4, Metering Issues: Metering Errors, Master Metering, Submetering, Prepayment Meters, Advanced Meters
Chapter 12, Affordable Water Service
Chapter 13, When Either the Consumer or Landlord Files for Bankruptcy
Collection Actions (6th ed. 2024) (digital revision)
Chapter 1, Introduction
Chapter 2, Case Selection, Advising the Client, and Litigation Strategy
Chapter 3, Dismissal Before Reaching the Merits
Chapter 4, Proof of the Merits of the Collector’s Claims
Chapter 5, Defenses and Counterclaims
Chapter 6, Creditors’ Recovery of Attorney Fees, Collection Expenses, Postjudgment Interest
Chapter 7, Defending Military Personnel in Collection Actions
Chapter 8, Criminal and Civil Collection of Dishonored Checks
Chapter 9, Medical Debt
Chapter 10, Federal Administrative Agency Collections
Chapter 11, Criminal Justice Debt
Chapter 12, Other Special Collection Actions
Chapter 13, Challenging the Collector’s Judgment
Chapter 14, Enforcement of Judgments: General Principles and Constitutional Issues
Chapter 15, Protecting Debtors’ Wages, Benefits, Other Income, and Bank Accounts
Chapter 16, Protecting the Debtor’s Home, Tangible Personal Property, and Other Assets
Chapter 17, Debtor’s Examinations and Imprisonment for Debt
Chapter 18, Prevailing Consumers’ Postjudgment Actions
Appendix A, Selected Provisions of the Servicemembers Civil Relief Act
Appendix B, Selected Medical Debt Provisions Regarding the Patient Protection and Affordable Care Act
Appendix C, Selected Provisions Governing Collection of Debts Owed to Federal Government
Appendix D, Federal Wage Garnishment Statute and Regulations
Appendix E, Treasury Rule Protecting Electronically Deposited Exempt Federal Benefits
Appendix F, Selected Federal Exemption Provisions
Appendix G, Federal Trade Commission Credit Practices Rule
Appendix H, Summaries of State Exemption Laws
Consumer Arbitration Agreements
Chapter 4, Formation of Agreement to Arbitrate
Chapter 10, Arbitration of Claims on a Classwide Basis
Consumer Banking and Payments Law
Chapter 9, Federal Benefit Payments
Consumer Class Actions
Chapter 19, Attorney Fees
Fair Credit Reporting
Chapter 7, Permissible Releases and Uses of Consumer Reports
Fair Debt Collection
Chapter 5, FDCPA §§ 1692b, 1692c: Collector Communications with Consumers and Third Parties
Chapter 13, Bankruptcy and Affirmative Claims Arising from Debt Collection
Home Foreclosures
Chapter 8, Litigating Foreclosure Cases
Chapter 17, Foreclosure Rescue Scams
Mortgage Lending
Chapter 1, Background
Chapter 3, Federal Laws Relevant to Abusive Mortgage Lending
Chapter 11, Other Nontraditional Mortgage Loans
Chapter 13, Litigating Claims When a Bank Fails
Mortgage Servicing and Loan Modifications
Chapter 6, Loss Mitigation and Loan Modifications
Chapter 12, Homeowner Rights During Natural Disasters and COVID-19
November 2023
Access to Utility Services
Chapter 2, Right to Utility Service
Chapter 3, Tenant Strategies for Maintaining Service
Chapter 8, The Low Income Home Energy Assistance Program (LIHEAP)
Consumer Arbitration Agreements
Chapter 6, Waiver of the Right to Compel Arbitration
Consumer Bankruptcy Law and Practice
Chapter 14, Litigating in the Bankruptcy Court
Appendix B, Federal Rules of Bankruptcy Procedure
Appendix C, Bankruptcy Policies, Regulations, Fees, and Agency Notices
Appendix D, Official Bankruptcy Forms with Annotated Samples
Consumer Class Actions
Chapter 1, Case and Claims Selection, Other First Considerations
Chapter 10, Class Certification
Consumer Credit Regulation
Appendix D, Summaries of State Closed-End Installment Loan Statutes
Appendix E, Summaries of State Open-End Credit Statutes
Fair Credit Reporting
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 12, Private Litigation: Litigating the FCRA Case
Federal Deception Law
Chapter 4, The FTC Holder Rule and State Law Counterparts
Home Foreclosures
Chapter 8, Litigating Foreclosure Cases
Chapter 10, Issues Arising After a Foreclosure Sale
Mortgage Servicing and Loan Modifications
Chapter 7, Loss Mitigation Options for Fannie Mae and Freddie Mac Mortgages
Student Loan Law
Chapter 15, Discharging Student Loans in Bankruptcy
October 2023
Consumer Bankruptcy Law and Practice
Chapter 11, Dealing with Secured Creditors
Chapter 15, The Discharge: Protecting It and Using It
Appendix J, Summaries of State Exemption Laws
Consumer Class Actions
Appendix G, State-by-State Analysis of State Court Standing Requirements
Fair Credit Reporting
Chapter 10, Claims for Consumer Reporting Disputes: Availability, Private Enforcement, State Claims, and Preemption
Chapter 11, Private Litigation: Pre-Filing Considerations
Chapter 13, Public Enforcement
Appendix B, FCRA Regulations, Interpretations, and Guidelines
Appendix C, FCRA Model Forms
Appendix E, Index to Issuances from the Consumer Financial Protection Bureau and Federal Trade Commission Informal Staff Opinion Letters
Appendix G, The Gramm-Leach-Bliley Act
Appendix H, Summary of State Laws on Consumer Reporting, Identity Theft, Credit Repair, and Security Freezes
Appendix L, Government Enforcement Orders
Fair Debt Collection
Chapter 10, FDCPA §§ 1692h, 1692i, 1692j: Applying Payments; Distant Forum Abuse; False Impression of Debt Collector Involvement
Home Foreclosures
Chapter 6, Government Insured Loans and Moratoriums
Chapter 9, Using Bankruptcy to Prevent Foreclosure
Chapter 12, Second Mortgage Foreclosures
Chapter 14, Condominium and Homeowner Association Liens and Foreclosures
Chapter 15, The Discharge: Protecting It and Using It
Appendix E, Summary of State Foreclosure Laws
Appendix H, Summary of State Condominium Laws
Student Loan Law (7th ed. 2023)
Chapter 1, Getting Started
Chapter 2, Taking Out a Federal Student Loan: Basic Terms and Conditions
Chapter 3, Pre-Default Repayment Options
Chapter 4, Postponing Repayment on Federal Student Loans
Chapter 5, Pre-Default Servicing of Federal Student Loans
Chapter 6, Implications of Student Loan Defaults
Chapter 7, Repayment Strategies for Getting Out of Federal Student Loan Default
Chapter 8, Federal Student Loan Collection and Defenses
Chapter 9, Seizures of Income and Assets to Collect Federal Student Loans
Chapter 10, Statutory Discharges Based on School Misconduct
Chapter 11, Public Service Loan Forgiveness and Other Profession-Related Discharges
Chapter 12, Discharges Based on Disability and Death
Chapter 13, Appealing Adverse Discharge Decisions
Chapter 14, Tax Implications of Student Loan Discharges
Chapter 15, Discharging Student Loans in Bankruptcy
Chapter 16, Private Student Loans
Chapter 17, Predatory and For-Profit School Issues
Chapter 18, Affirmative Litigation Involving Student Loans and Schools
Appendix A, Federal Student Loan Statutes
Appendix B, Federal Regulations
Appendix C, Policy Guidance and Reports
Appendix D, Student Loan Forms
Appendix E, Sample Pleadings, Letters, and Discovery Requests
Appendix F, Directory of Guaranty Agencies
Appendix G, Student Loan Borrower Assistance Website
Appendix H, Useful Student Loan Law Websites
September 2023
Collection Actions
Chapter 1, Introduction
Appendix A, Selected Provisions of the Servicemembers Civil Relief Act
Appendix C, Selected Provisions Governing Collection of Debts Owed to Federal Government
Appendix H, Summaries of State Exemption Laws
Consumer Arbitration Agreements
Chapter 10, Arbitration of Claims on a Classwide Basis
Consumer Banking and Payments Law
Chapter 11, Electronic Transactions: Contracts, Disclosures, and Signatures
Consumer Class Actions
Appendix D, NACA Class Actions Guidelines
Consumer Credit Regulation
Chapter 4, Interest, Points, Fees, and Delinquency Charges
Chapter 9, Payday and Similar Loans
Appendix C, Summaries of State Retail Installment Sales Acts
Chapter 18, Privacy Protection
Fair Credit Reporting
Chapter 18, Privacy Protection
Home Foreclosures
Chapter 1, Introduction
Chapter 2, Authority to Foreclose
Chapter 3, Challenging the Authority to Foreclose
Chapter 4, Authority to Foreclose Special Issues: Servicers, GSE Loans, and MERS
Chapter 5, Procedural and Equitable Defenses to Home Foreclosures
Repossessions
Chapter 6, Self-Help Repossession
Chapter 10, Creditor's Sale of the Collateral
Chapter 11, Determining the Deficiency or Surplus
Chapter 12, Defending a Deficiency Action
Chapter 13, Affirmative Consumer Remedies in Repossession Cases
Chapter 14, Consumer Leases
Appendix A, Selected Uniform Commercial Code Provisions
Truth in Lending (11th ed. 2023)
Chapter 1, Overview
Chapter 2, Scope
Chapter 3, Finance Charge
Chapter 4, General Rules for Closed-End Credit Disclosures
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 8, Home Equity Lines of Credit (HELOCs) and Reverse Mortgages
Chapter 9, Substantive Mortgage Regulation and TILA Mortgage Servicing Rules
Chapter 10, Truth in Lending Rescission Rights
Chapter 11, Consumer Remedies
Chapter 12, Creditor Defenses and Counterclaims
Chapter 13, Consumer Leasing Act
Appendix A, The Truth in Lending Act
Appendix B, Regulation Z and Historical Chart
Appendix C, Official Interpretations of Regulation Z
Appendix D, Sample TILA Rescission Notice
Appendix E, Sample Pleadings
Appendix F, Sample Discovery
Appendix G, Sample Jury Instructions on TILA Issues
Appendix H, Consumer Leasing Act
Appendix I, State-by-State Analysis of State Court Standing Requirements
August 2023
Consumer Arbitration Agreements
Chapter 7, Federal Statutes and Rules Limiting Arbitration Requirements
Consumer Bankruptcy Law and Practice
Chapter 10, Exemptions
Chapter 12, Issues Arising in Chapter 13 Cases
Chapter 13, Dismissal or Conversion of a Bankruptcy Case
Chapter 16, Attorney Fees for Debtor’s Counsel and Attorney Duties in Consumer Bankruptcy Cases
Appendix B, Federal Rules of Bankruptcy Procedure
Appendix D, Official Bankruptcy Forms with Annotated Samples
Collection Actions
Chapter 6, Creditors’ Recovery of Attorney Fees, Collection Expenses, Postjudgment Interest
Chapter 16, Debtor’s Examinations and Imprisonment for Debt
Fair Credit Reporting
Chapter 9, Identity Theft--FCRA and Other Protections
Fair Debt Collection
Chapter 11, FDCPA Litigation and Remedies
Federal Deception Law
Chapter 3, Consumer Financial Protection Bureau UDAAP Standards
Repossessions
Chapter 1, Introduction
Chapter 2, Scope and Sources of Law
Chapter 4, Default As Precondition to Seizure
Student Loan Law
Chapter 1, Getting Started
Chapter 2, Taking Out a Federal Student Loan: Basic Terms and Conditions
Chapter 3, Pre-Default Repayment Options
Chapter 4, Postponing Repayment on Federal Student Loans
Chapter 6, Implications of Student Loan Defaults
Chapter 7, Repayment Strategies for Getting Out of Federal Student Loan Default
Chapter 8, Federal Student Loan Collection and Defenses
Chapter 10, Statutory Discharges Based on School Misconduct
Chapter 10a, Public Service Loan Forgiveness and Other Profession-Related Discharges
Chapter 10c, Appealing Adverse Discharge Decisions
Chapter 13, Predatory and For-Profit School Issues
Chapter 14, Affirmative Litigation Involving Student Loans and Schools
July 2023
Automobile Fraud
Chapter 5, Federal and State Odometer Requirements
Chapter 6, Remedies for MVICSA and State Odometer Act Violations
Collection Actions
Chapter 7, Defending Military Personnel in Collection Actions
Chapter 8, Criminal and Civil Collection of Dishonored Checks
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 Banking and Payments Law
Chapter 11, Electronic Transactions: Contracts, Disclosures, and Signatures
Consumer Bankruptcy Law and Practice
Chapter 18, Consumers as Creditors in Bankruptcy: Selected Topics
Mortgage Lending
Appendix A, State Mortgage Lending Statutes
Appendix Q, State Statutory Requirements for Land Contract Transactions
Student Loan Law
Chapter 12, Private Student Loans
Appendix A, Federal Student Loan Statutes
Appendix B, Federal Regulations
June 2023
Collection Actions
Chapter 4, Proof of the Merits of the Collector’s Claims
Consumer Arbitration Agreements
Chapter 3, Federal Arbitration Act Preemption of State Law
Chapter 5, Arbitration Clause’s Applicability to Particular Claims or Parties
Chapter 7, Federal Statutes and Rules Limiting Arbitration Requirements
Chapter 8, Unconscionable and Other Unenforceable Arbitration Provisions
Consumer Banking and Payments Law
Chapter 10, Banker’s Setoff and Security Interests in Bank Accounts
Consumer Bankruptcy Law and Practice
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
Chapter 9, Automatic Stays and Turnover of Property
Consumer Credit Regulation
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 6, Credit Insurance and Debt Protection Products
Chapter 8, Credit Cards: Abuses, Regulation, and State Law Claims
Chapter 12, Auto Title Loans
Chapter 13, Rent-to-Own and Leases
Fair Credit Reporting
Chapter 16, Credit Scoring
Fair Debt Collection
Chapter 3, Overview of the Fair Debt Collection Practices Act
Appendix B, CFPB Regulations and Interpretations
Federal Deception Law
Chapter 10, The Federal False Claims Act and Other Whistleblower Laws
Mortgage Servicing and Loan Modifications
Chapter 1, Introduction
Chapter 2, Common Mortgage Servicing Problems
Chapter 3, Servicing Requirements Under the Real Estate Settlement Procedures Act
Chapter 4, Other Federal Statutes Impacting Loan Servicing
Chapter 5, State Law Servicing Claims
Chapter 6, Loss Mitigation and Loan Modifications
Chapter 7, Loss Mitigation Options for Fannie Mae and Freddie Mac Mortgages
Chapter 8, Loss Mitigation for FHA-Insured Loans
Chapter 9, Loss Mitigation for Loans Insured by the Department of Veterans Affairs or the Rural Housing Service
Chapter 10, Legal Claims for Failure to Handle Loss Mitigation Properly
Chapter 11, Litigating Mortgage Servicing Claims
Chapter 12, Homeowner Rights During Natural Disasters and COVID-19
Appendix A, Federal Mortgage Servicing Law
Appendix B, Selected Statutes and Regulations Pertaining to Mortgages Held or Insured by the Federal Government
Appendix C, Agency Guidance, Consent Orders, Program Guidelines, and Policy Statements
Appendix D, Summary of State Mortgage Servicing, Payoff Statement, and Mortgage Discharge Laws
Appendix E, Foreclosure Prevention Practice Aids and Sample Mortgage Documents
Appendix F, Sample Pleadings
Appendix G, Glossaries
Appendix H, Helpful Websites
Appendix I, State-by-State Analysis of State Court Standing Requirements
Student Loan Law
Chapter 1, Getting Started
Chapter 3, Pre-Default Repayment Options
Chapter 8, Federal Student Loan Collection and Defenses
Chapter 9, Seizures of Income and Assets to Collect Federal Student Loans
Chapter 10, Statutory Discharges Based on School Misconduct
Chapter 10a, Public Service Loan Forgiveness and Other Profession-Related Discharges
Chapter 10b, Discharges Based on Disability and Death
Chapter 10c, Appealing Adverse Discharge Decisions
Chapter 10d, Tax Implications of Student Loan Discharges
May 2023
Consumer Arbitration Agreements
Chapter 9, Conducting Individual Arbitrations
Consumer Bankruptcy Law and Practice
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
Collection Actions
Chapter 11, Criminal Justice Debt
Chapter 17, Prevailing Consumers’ Postjudgment Actions
Consumer Warranty Law
Chapter 20, Service Contracts, Extended Warranties, and Mechanical Breakdown Insurance
Fair Credit Reporting
Chapter 1, Introduction
Chapter 6, Activities and Duties of Furnishers of Information to Consumer Reporting Agencies
Appendix E, Index to Issuances from the Consumer Financial Protection Bureau and Federal Trade Commission Informal Staff Opinion Letters
Fair Debt Collection
Chapter 9, Validation Notices, Disputes, and Verification, FDCPA § 1692g
Chapter 11, FDCPA Litigation and Remedies
Appendix B, CFPB Regulations and Interpretations
Mortgage Lending
Appendix B, State Predatory Lending Statutes
Repossessions
Chapter 14, Consumer Leases
Student Loan Law
Chapter 4, Postponing Repayment on Federal Student Loans
Chapter 5, Pre-Default Servicing of Federal Student Loans
Chapter 7, Repayment Strategies for Getting Out of Federal Student Loan Default
April 2023
Collection Actions
Chapter 2, Case Selection, Advising the Client, and Litigation Strategy
Chapter 3, Dismissal Before Reaching the Merits
Chapter 5, Defenses and Counterclaims
Chapter 11a, Other Special Collection Actions
Chapter 12, Challenging the Collector’s Judgment
Consumer Credit Regulation
Chapter 2, Statutes Restricting Credit Terms
Chapter 3, Federal Preemption and the Applicable State Statute
Chapter 7, Litigation
Chapter 10, Installment Loans
Chapter 14, “Sale” of Future Payment Streams
Consumer Warranty Law
Chapter 15, Used Cars
Fair Credit Reporting
Appendix H, Summary of State Laws on Consumer Reporting, Identity Theft, Credit Repair, and Security Freezes
Fair Debt Collection
Chapter 4, Coverage and Definitions, FDCPA § 1692a
Chapter 5, FDCPA §§ 1692b and 1692c: Collector’s Communications with the Consumer
Chapter 12, Debt Collectors’ Defenses and Counterclaims
Chapter 14, Other Federal Claims
Chapter 15, Tort Remedies
Home Foreclosures
Chapter 1, Introduction
Chapter 2, Authority to Foreclose
Chapter 3, Challenging the Authority to Foreclose
Chapter 4, Authority to Foreclose Special Issues: Servicers, GSE Loans, and MERS
Chapter 5, Procedural and Equitable Defenses to Home Foreclosures
Chapter 6, Government Insured Loans and Moratoriums
Chapter 7, Defending Foreclosures by Challenging Unfair Lending Practices
Chapter 8, Litigating Foreclosure Cases
Chapter 9, Using Bankruptcy to Prevent Foreclosure
Chapter 10, Issues Arising After a Foreclosure Sale
Chapter 11, Manufactured Home Foreclosures and Repossessions
Chapter 12, Second Mortgage Foreclosures
Chapter 13, Forfeiture of Land Installment Sales Contracts
Chapter 14, Condominium and Homeowner Association Liens and Foreclosures
Chapter 15, Preventing Foreclosure of Reverse Mortgages
Chapter 16, Tax Liens and Tax Foreclosures
Chapter 17, Foreclosure Rescue Scams
Appendix C, Reverse Mortgages
Student Loan Law
Chapter 2, Taking Out a Federal Student Loan: Basic Terms and Conditions
Chapter 6, Implications of Student Loan Defaults
Chapter 11, Discharging Student Loans in Bankruptcy
Chapter 13, Predatory and For-Profit School Issues
Chapter 14, Affirmative Litigation Involving Student Loans and Schools
Unfair and Deceptive Acts and Practices
Chapter 13, State Agency Enforcement
March 2023
Consumer Banking and Payments Law
Chapter 10, Banker’s Setoff and Security Interests in Bank Accounts
Consumer Class Actions
Chapter 11, The Class Motion and Briefs
Appendix C, Survey of State Class Action Law--2023
Consumer Credit Regulation
Chapter 9 Payday and Similar Loans
Credit Discrimination
Chapter 3, Prohibited Bases for Discrimination
Chapter 4, Proving Credit Discrimination
Chapter 5, Discrimination in Pre-Application and Application Procedures
Chapter 7, Redlining
Chapter 9, Discrimination Subsequent to the Granting of Credit
Chapter 11, Litigating a Credit Discrimination Case
Chapter 12, Government Enforcement
Fair Debt Collection
Chapter 8, FDCPA § 1692f: Unfair or Unconscionable Collections
Federal Deception Law
Chapter 6, Unwanted Calls, Texts, and Junk Faxes
Chapter 7, The Telephone Consumer Protection Act (TCPA): Remedies and Litigation
Mortgage Servicing and Loan Modifications
Chapter 2, Common Mortgage Servicing Problems
Chapter 3, Servicing Requirements Under the Real Estate Settlement Procedures Act
Chapter 4, Other Federal Statutes Impacting Loan Servicing
Chapter 9, Loss Mitigation for Loans Insured by the Department of Veterans Affairs or the Rural Housing Service
Chapter 12, Homeowner Rights During Natural Disasters and COVID-19
Truth in Lending
Chapter 5, Specific Closed-End Disclosures
Chapter 9, Substantive Mortgage Regulation and TILA Mortgage Servicing Rules
February 2023
Collection Actions
Chapter 11, Criminal Justice Debt
Chapter 14, Protecting Debtors’ Wages, Benefits, Other Income, and Bank Accounts
Consumer Banking and Payments Law
Chapter 1, First Considerations
Chapter 5, Electronic Fund Transfers
Chapter 6, Money Orders, Cashier’s Checks, Wire Transfers, Person-to-Person (P2P) Payments, and International Remittances
Chapter 9, Federal Benefit Payments
Consumer Class Actions
Chapter 10, Class Certification
Credit Discrimination
Chapter 1, Introduction and First Considerations
Chapter 2, Scope
Home Foreclosures
Chapter 1, Introduction
Chapter 2, Authority to Foreclose
Chapter 3, Challenging the Authority to Foreclose
Chapter 4, Authority to Foreclose Special Issues: Servicers, GSE Loans, and MERS
Chapter 5, Procedural and Equitable Defenses to Home Foreclosures
Chapter 6, Government Insured Loans and Moratoriums
Chapter 7, Defending Foreclosures by Challenging Unfair Lending Practices
Chapter 8, Litigating Foreclosure Cases
Chapter 9, Using Bankruptcy to Prevent Foreclosure
Chapter 10, Issues Arising After a Foreclosure Sale
Chapter 11, Manufactured Home Foreclosures and Repossessions
Chapter 11a, Second Mortgage Foreclosures
Chapter 12, Forfeiture of Land Installment Sales Contracts
Chapter 13, Condominium and Homeowner Association Liens and Foreclosures
Chapter 14, Preventing Foreclosure of Reverse Mortgages
Chapter 15, Tax Liens and Tax Foreclosures
Chapter 16, Foreclosure Rescue Scams
Mortgage Servicing and Loan Modifications
Chapter 6, Loss Mitigation and Loan Modifications
Chapter 7, Loss Mitigation Options for Fannie Mae and Freddie Mac Mortgages
Student Loan Law
Chapter 11, Discharging Student Loans in Bankruptcy
Truth in Lending
Chapter 3, Finance Charge
Chapter 10, Truth in Lending Rescission Rights
January 2023
Collection Actions
Chapter 11, Criminal Justice Debt
Consumer Banking and Payments Law
Chapter 4, Check Payments to Consumers
Chapter 6, Money Orders, Cashier’s Checks, Wire Transfers, Person-to-Person (P2P) Payments, and International Remittances
Chapter 11, Electronic Transactions: Contracts, Disclosures, and Signatures
Appendix I, Electronic Signatures and Records
Fair Debt Collection
Chapter 6, FDCPA § 1692d: Harassing, Oppressive, or Abusive Conduct
Chapter 7, FDCPA § 1692e: False, Deceptive, or Misleading
Chapter 16, Other State Remedies
Appendix D, Summary of State Debt Collection Statutes
Federal Deception Law
Chapter 6, Unwanted Calls, Texts, and Junk Faxes
Home Foreclosures
Appendix D, Summary of State Reverse Mortgage Laws
Mortgage Lending
Appendix M, Summary of State Reverse Mortgage Laws
Mortgage Servicing and Loan Modifications
Chapter 5, State Law Servicing Claims
Chapter 8, Loss Mitigation for FHA-Insured Loans
Chapter 10, Legal Claims for Failure to Handle Loss Mitigation Properly
Truth in Lending
Chapter 2, Scope
Chapter 4, General Rules for Closed-End Credit 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 11, Consumer Remedies
December 2022
Collection Actions
Chapter 9, Medical Debt
Chapter 13, Enforcement of Judgments: General Principles, Constitutional Issues
Chapter 15, Protecting the Debtor’s Home, Tangible Personal Property, and Other Assets
Appendix H, Summaries of State Exemption Laws
Consumer Bankruptcy Law and Practice
Appendix J, Summaries of State Exemption Laws
Consumer Warranty Law
Chapter 11, Deception, Unfairness, Unconscionability, Lack of Good Faith, and Fraud
Chapter 13, Litigating Warranty Cases
Chapter 14, New Vehicles and Motor Homes: Lemon Laws, Other Remedies
Chapter 18, New Home Sales
Chapter 19, Automobile Repair, Home Improvements, and Other Services
Chapter 21, Leases
Appendix E, Uniform Commercial Code Warranty Provisions
Fair Credit Reporting
Appendix H, Summary of State Laws on Consumer Reporting, Identity Theft, Credit Repair, and Security Freezes
Fair Debt Collection
Chapter 5, FDCPA §§ 1692b and 1692c: Collector’s Communications with the Consumer
Chapter 14, Other Federal Claims
Chapter 15, Tort Remedies
Federal Deception Law
Chapter 3, Consumer Financial Protection Bureau UDAAP Standards
Chapter 7, The Telephone Consumer Protection Act (TCPA): Remedies and Litigation
Student Loan Law
Chapter 11, Discharging Student Loans in Bankruptcy
Unfair and Deceptive Acts and Practices
Chapter 12, Private UDAP Remedies
Chapter 13, State Agency Enforcement
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