The substantive decision that the CFPB’s independent funding mechanism violates the Appropriations Clause is radical and unprecedented. But even more extreme is the decision that the remedy for this unconstitutional funding mechanism is that the CFPB’s Payday Lending Rule must be found invalid because it was promulgated using unconstitutional funding.
Over the last few months, the Department of Education has made a number of groundbreaking announcements that will provide debt relief to millions of people with student loans. In addition to the big announcement that most people with federal student loan debt can apply to have $10,000 to $20,000 of that debt cancelled, the Department has…
There have been dramatic changes in 2021 and 2022 making it easier for tens of millions of student loan borrowers to cancel or repay their debt. This article highlights twelve of the most significant changes. Additional information is found in NCLC’s Student Loan Law and at studentloanborrowerassistance.org. But the changes do not stop here. Expect…
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Chapter 12 of Mortgage Servicing and Loan Modifications covers common legal issues that arise in the context of natural disasters and is free to all for a limited time.
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The CFPB’s new Regulation F interpreting the Fair Debt Collection Practices Act (FDCPA) took effect November 30, 2021. For more detail on the new regulation see Comprehensive New FDCPA Regulation F Takes Effect November 30. Based on a review of nearly sixty complaints alleging violations of Regulation F filed in federal court in the first…
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This NCLC Digital Library article provides practice tips for advising clients with debt incurred by an abusive partner through coercion and fraud. While this article focuses on coercion by abusive partners, similar advice may be appropriate for elder abuse, abuse suffered by persons with disabilities who rely on a caretaker for day-to-day needs, victimization involving…
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This article examines practice implications of three recent CFPB interpretations of the Fair Credit Reporting Act, including: tenant and background screening companies’ use of name-only matching violates the FCRA; users are strictly liable for permissible use violations; and state law can limit when medical debt, evictions, rental arrears, and criminal records can first be reported.
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Based on a review of nearly sixty complaints alleging violations of Regulation F filed in federal court in the first six months since the effective date, this article provides initial advice for FDCPA practitioners regarding the use of Regulation F in litigation. The article lists pleading tips for Regulation F litigation, highlights particular violations of Regulation F alleged in the complaints, and links to examples of federal court complaints alleging those types of violations.
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This article explains why state courts are not bound by Ramirez and should not import its holdings into their own standing doctrines.
This article provides advice to consumers in dealing with debt collectors. The article is based on an updated chapter in NCLC’s Surviving Debt. The advice now considers new consumer rights and new consumer risks flowing from federal rules that just went into effect on November 30, 2021. For more detail on these rules (the Consumer…
Read More about Consumer Advice: Dealing with Debt Collectors—Including the New Federal Rules
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