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Now Available: Unfair and Deceptive Acts and Practices, Tenth Edition

Unfair and Deceptive Acts and Practices (10th ed. 2021) (1,056 pp.) is now available in both print and digital format on the NCLC Digital Library. This is an essential revision of the most important consumer law statute in all 50 states, adding thousands of new federal and state cases since the last edition. Learn more and read Chapter One for free here.

Fourteen New Federal Actions Protecting Mortgage Borrowers

In one short month—from June 24 to July 23, 2021—the White House, FHA, VA, USDA, and FHFA (for Fannie Mae and Freddie Mac) have announced 14 separate actions helping mortgage borrowers facing financial hardship from the pandemic. This article summarizes each of the 14, links to the full text of each action, and links to specific subsections of NCLC’s Mortgage Servicing and Loan Modifications for background detail on the subject of each action.

Corporate Bankruptcy 101 for Consumer Attorneys (New Free Flow Chart)

Corporate bankruptcies pose unique challenges and opportunities for attorneys representing students at predatory schools, tenants, homeowners with mortgages, and consumers of goods, services, or credit. An online interactive flow chart is now open to the public, Corporate Bankruptcy 101 for Consumer Litigators. This article links to and describes how the free flow chart provides step-by-step instructions on representing consumers in corporate bankruptcies.

Implications of New CFPB Bulletin on Consumer Reporting of Renters

A looming rental eviction crisis also will have severe consequences for evicted renters' credit and tenant screening reports, blocking renters' access to future housing. This article explains the implications for private FCRA litigants of a July CFPB bulletin that enumerates both longstanding abusive tenant reporting practices and new problems brought on by the pandemic.

Starting July 15: Protecting the Monthly Child Tax Credit Payments from Creditors

Starting July 15, families will receive each month an advance child tax credit up to $300 per child per month. This article examines existing consumer protections to safeguard payments from judgment creditors’ bank account garnishment and from the United States’ intercept to repay defaulted federal student loans. The article also considers tactics to protect paper check payments from garnishment.

Now Available: Surviving Debt, 2021 Edition

A leading resource for over 25 years, this fully updated, 2021 edition of Surviving Debt provides precise, practical, and hard-hitting advice from the nation’s consumer law experts on how to deal with crushing debt affecting millions of Americans. New to the 2021 edition, consumer rights arising from the COVID-19 pandemic relating to home mortgages, landlord-tenant law, utilities, and student loans. Learn more here.

New Protections from Foreclosure of Reverse Mortgages

A May 6th HUD guidance provides new protections allowing non-borrowing spouses to remain in a home after the spouse borrowing on a reverse mortgage moves to a long-term care facility or passes away. This article details the new protections, examines other foreclosure risks with a reverse mortgage, and sets out borrower rights and strategies to avoid those additional risks of foreclosure.

Bankruptcy’s Role in Alleviating Criminal Justice Debt

Unpaid criminal justice debt can have draconian consequences, and this article explains how a bankruptcy filing can sometimes be effective in reducing that debt. Although criminal fines and restitution orders are not dischargeable in bankruptcy, other portions of a filer’s criminal justice debt may be dischargeable. The article also links to several resources covering this topic: a free May 13 webinar, a recent report, and NCLC treatises.

Manufactured Home Creditors’ Unique Exposure to Consumer Claims

This article examines nine ways that manufactured home creditors face unique legal exposure to consumer claims and remedies, including recent developments that may increase such creditor liability. Examples are a federal ban on arbitration clauses in manufactured home credit, special statutes making manufactured home creditors liable for warranty violations, statutory damages of tens of thousands of dollars for UCC Article 9 violations, and more.

Cheat Sheet to COVID-19 Bankruptcy Provisions and Sunsets

New March 27, 2021, bankruptcy legislation now extends the sunset dates of the three CARES Act bankruptcy provisions. This article explains the new law and then provides a “cheat sheet” listing all ten of the COVID-19 related bankruptcy provisions by sunset date, with links to more detail for each provision and also Public Law and U.S. Code citations.

Supreme Court Issues Expansive Ruling on Personal Jurisdiction

A favorable March 25, 2021, Supreme Court ruling allows consumers to bring claims in their home state against out-of-state companies, even where the companies had no contact with the consumer in the consumer’s state of residence. This article explains the Court’s holding and then suggests nine types of cases where the ruling can help advance consumer litigation.

Consumer Law Implications of the American Recovery Plan Act

This article examines the consumer law implications of the March 11, 2021, American Rescue Plan Act: how to protect stimulus payments from garnishment and a bankruptcy trustee; student loan forgiveness being no longer taxable; relief for utility arrearages and payments; help for homeowners and renters; and help with broadband and water bills.

Practice Tools in Response to Latest Supreme Court Bankruptcy Decision

A January 14, 2021, Supreme Court decision alters the practice of consumer bankruptcy law as to repossessed property. This article explains the Supreme Court’s ruling and how the consumer bankruptcy practitioner should respond to the ruling’s implications, including the use of four new sample pleadings found in NCLC’s recent digital update to our bankruptcy treatise.

Free Access to New Chapter on Homeowner Rights During COVID Pandemic

NCLC’s new chapter on homeowner rights during the COVID pandemic is free to the public for a limited time period. This article summarizes the new chapter, covering the very latest rights and options for those with Fannie Mae, Freddie Mac, FHA, VA, RHS, or other mortgages. The chapter being open to the public, all readers can now follow links in the article to more detail in the chapter text.

Challenging Electronic Assent to Arbitration, Robocalls, and More

Increasingly, companies seek to bind consumers to arbitration, consent to robocalls, and other terms and conditions through the consumer’s actions on a website. This article reviews an important January court decision, describes surprising facts about bots and “click farms,” and sets out a series of practical steps to challenge consumer assent to terms found on a website.

Limits on Collection of Time-Barred Debt and the New FDCPA Rules

New rules interpreting the Fair Debt Collection Practices Act that go into effect November 30, 2021, are a good reason to review existing law as to suits and collection contacts concerning time-barred debt. This article discusses those aspects of the new rules related to time-barred debt and also provides an overview of existing law in the area.

New Consumer Bankruptcy Protections Now Effective

This article explains the new consumer bankruptcy protections found in the Consolidated Appropriations Act that were effective December 27, 2020: the availability of a chapter 13 discharge despite missed payments, protection of stimulus payments from the bankruptcy trustee, no discrimination of debtors in bankruptcy from CARES Act protections, continued utility service without a deposit, and more.

Consumer Warranty Law, Sixth Edition, Now Available in Print + Digital Formats

Consumer Warranty Law (6th ed. January 2021) (1,012 pp.) is now available in both print and digital format on the NCLC Digital Library. It is the definitive consumer litigation treatise concerning defective new and used cars (including leased vehicles), manufactured homes, new homes, home improvements, automobile repairs, service contracts, assistive devices, and more. Learn more and read Chapter One for free here.

Consumer Law Rights Taking Effect or Extended into 2021

In 2021 many significant consumer law changes will be effective and a number of programs that were to expire have been extended. This article sets out those changes and extensions that are scheduled as of January 1, 2021, including changes effective from December 1, 2020 through January 1, 2022.

Last Updated: Feb. 26, 2021.

Getting Money Back for Scammed Consumers

This article explains scammed consumers’ best approaches to retrieve their money, depending on the method used for its payment. The article covers unusual payment methods preferred by scammers, such as gift cards, wires, prepaid cards, remotely created payment orders, express mail of cash and money orders, and not just credit or debit cards.