COVID-19 & Consumer Protections

• Covid-19 Related State Protections for Wages and Cash in Bank Accounts (continually updated)
• Prohibition of Certain Collection Practices –  Entries track practices in the collection of civil, non-mortgage debts by debt collectors or creditors that have been temporarily prohibited due to the coronavirus.
• Can Debt Collectors Work from Home? –   Entries track orders and guidance related to whether debt collectors can work from home. Only highlights guidance that has been issued in relation to the coronavirus. Some jurisdictions may have had prior guidance.
• Bar on Collection of Debts Owed to State/Local Government  –  Entries track state and city temporary orders that have been enacted to bar the collection of debt owed to the government.
• Suspension of Certain Court Proceedings Related to Debt Collection  –  Entries include a non-comprehensive list of courts that have suspended certain judicial proceedings or activities related to the collection of civil, non-mortgage debts. For more about state court closures see the National Center for State Courts website.
• Calls to Action – Entries track calls to action from legislators, attorneys general, businesses, and advocates to state governments and industry leaders calling for collection moratoriums and other debt collection related consumer protections.
• Legislative Responses – Entries track legislation introduced at state and municipality level that includes prohibitions on certain debt collection practices. Entries track status of bills.
• Other Debt Collection Responses – Entries include responses by states that do not fall into one of the other categories, such as new legislation relating to debt collection during the coronavirus pandemic and recommendations for collection practices from state agencies.

NCLC & Other Recommendations

• Wage Garnishment for Consumer Debts: Reforms Needed in the Current Crisis and Beyond, May 2020
• Sample letters urging a halt to bank account garnishments and/or debt collection from advocates in California (includes sample order), Ohio, Texas
• Coronavirus Emergency: Why States Need to Act Now to Protect Families’ Stimulus Payments, April 2020
• Coronavirus Emergency: Preventing Garnishment of Stimulus Checks, April 2020
• Coronavirus Emergency: Consumer Debt Collection Lawsuits – How States Can Help, March 2020
• What State and Federal Policymakers Can Do to Protect Public Health and Protect Consumers from Medical Debt, March 2020
• For state advocates working with their state legislators to protect people impacted by income losses due to COVID-19, NCLC’s report may be of help. No Fresh Start in 2019: How States Still Let Debt Collectors Push Families into Povertysurveys all 50 states and has a number of charts and maps assessing the extent to which state laws protect basic income and assets needed for survival: wages, home, car, bank account, household goods.

Credit Reporting

Federal Relief

NCLC Recommendations

• Group Letter urging Congress to include S. 1581/HR 6470 the Medical Debt Relief Act of 2019 in the next Covid-19 relief package, May 11, 2020
• Enforcing the CARES Act Credit Reporting Protections, May 2020
• Protecting Credit Reports During the Covid-19 Crisis, April 2020
• NCLC press release: National Consumer Law Center Advocate Slams Trump Administration Credit Reporting Guidance for Giving Relief to Creditors and Credit Bureaus But Not Consumers During COVID-19 Pandemic, April 1, 2020

State Relief

NCLC Recommendations

• Credit Reports and the Covid-19 Crisis: What States Should Do to Help Consumers, March 2020

Criminal Justice 

Federal Relief

NCLC & Other Recommendations

• Group letter urging Senate to to adopt provisions of HR 6800 the HEROES Act incentivizing states and local governments to stop charging and collecting juvenile fees and fines during the COVID-19 public health and economic crisis, May 20, 2020
• Group letter urging the FCC to protect incarcerated people and their families during the COVID-19 crisis by request private companies offer free phone and video visits with no fees, April 7, 2020

State Relief

NCLC & Other Recommendations

• 130 groups Call for a Nationwide Moratorium on Juvenile Fees and Fines, May 13, 2020
• Written Testimony of NCLC before the Commonwealth of Massachusetts Joint Committee on the Judiciary Supporting H.4652, An Act Regarding Decarceration and COVID-19, May 5, 2020
• Group letter urging the American Association of Motor Vehicle Administrators to halt suspension of driver’s licenses and to reinstate and renew licenses currently suspended for reasons other than unsafe driving during the Covid-19 crisis, April 2020
• Coronavirus Emergency: Criminal Justice Debt – How States Can Help, March 2020
• Group letter urging free access to telephone and video conferencing (where available) for all those incarcerated in Massachusetts, given the suspension of personal visitation to prevent the spread of COVID-19, March 20, 2020
• Fines and Fees Justice Center’s COVID-19 Policy Recommendations urging state and local governments to make immediate changes to their criminal, traffic and municipal ordinance fines and fees policies to protect public health and ensure that fines and fees are not a barrier to people’s basic needs throughout this emergency.

Housing

Federal Relief

• Appraisal Changes for Government-Backed Mortgages:
  • Fannie Mae, Freddie Mac, FHA, and VA to allow appraisals without interior inspections
  • The Appraisal Institute and the Appraisal Foundation have  extensive information on how COVID-19 is affecting appraisers
  • The USDA has waived or relaxed certain parts of the application process for Single-Family Housing Direct Loans, including site assessments, and has extended the time period that certificates of eligibility are valid
• For mortgage borrowers facing difficulties as a result of the pandemic, Fannie Mae, Freddie Mac, FHA, FHFA, and the VA have issued guidance for borrowers and reminders to loan servicers about options available for borrowers in hardship.
• HUD issued a foreclosure and eviction moratorium for all FHA-insured Single Family mortgages for 60 days, effective March 18, 2020.

NCLC & Other Recommendations

• Housing and industry coalition letter to federal agencies urging establishment of a single consumer-facing online portal to provide centralized housing information about federal mortgage and rental relief available during the COVID-19 national emergency, May 4, 2020
• NCLC is sponsoring a series of free webinars for advocates in May 2020.
  COVID-19 and Mortgage Relief for Homeowners: CARES Act Protections, May 7, 2020. Webinar recording and materials.   This webinar will provide an overview of the forbearance and post-forbearance options for federally-backed mortgages, including an explanation of what the CARES Act requires and a discussion of the servicing policies of Fannie Mae, Freddie Mac, FHA, VA, and USDA (Andrea Bopp Stark- NCLC, Sarah Bolling Mancini-NCLC)
• Forbearance Options and CARES Act Requirements, May 14, 2020. Webinar recording and materials.  In this session, we will go into more depth about the language of the CARES Act and the ways different government entities are implementing its requirements. We will also touch on how servicers are handling forbearance requests, and strategies to deal with servicer noncompliance. (Tara Twomey-NCLC, Steve Sharpe-NCLC, John Rao-NCLC)
• Reverse Mortgage Foreclosure Issues in the Covid-19 Pandemic, May 21, 2020. Webinar recording and materials.  This webinar will discuss the home-saving options for reverse mortgage borrowers and non-borrowing spouses, including specific updates about Covid-19 related protections. (Sarah Bolling Mancini-NCLC, Odette Williamson, NCLC)
• An Introduction to CARES Post-Forbearance Options, May 28, 2020 2 PM EST This session will provide an introduction to post-forbearance options for borrowers obtaining mortgage relief under the CARES Act.  The program will review options available through FHA and the GSEs based on the most recent guidance and information available. (Tara Twomey – NCLC, Andrea Bopp Stark – NCLC, Geoff Walsh – NCLC)  Register

• Group letter to HUD thanking it for adopting a flexible forbearance policy and urging additional steps to help homeowners during the COVID-19 crisis, April 30, 2020
• Video Explainer: Coronavirus Crisis: What Consumers Need to Know About Mortgage Relief, April 29, 2020
• Mortgage Relief for Homeowners Affected by COVID-19, April 27, 2020; related chart.
• Coronavirus Pandemic Prompts Temporary Relief in Reverse Mortgage Foreclosures, April 27, 2020
• Press Release: CFPB Guidance for Mortgage Servicing Transfers Lacks Crucial Consumer Protections, Especially During COVID-19 Crisis, April 27, 2020
• Civil rights, consumer, and real estate organizations’ letter to U.S. Treasury and federal banking and housing regulators urging quick deployment of liquidity facilities to help mortgage servicers maintain stability during COVID-19 crisis, April 17, 2020
• Group letter urging FHFA to quickly translate key mortgage forbearance notices related to COVID-19 for borrowers with Limited English Proficiency, April 9, 2020. Press Release
• NCLC press release: New CFPB Mortgage Guidance Does More for Servicers than Consumers, April 6, 2020
• Group comments to the U.S. Housing and Urban Development re: Mortgagee Letter 2020-04 and urgent steps needed to protect reverse mortgage borrowers during the COVID-19 publichealth crisis, March 24, 2020

State & Local Relief

• COVID-19 Related State Foreclosure Moratoriums and Stays.

NCLC & Other Recommendations

• Group letter to the MA Division of Banks urging clarifying guidance to Chapter 65 of the Acts of 2020, re: mortgage forbearances during the COVID-19 emergency, May 11, 2020
• Coronavirus Emergency: Mortgage Relief for Consumers – How States Can Help, May 2020
• National Housing Law Project: Enforcing Eviction Moratoria: Guidance for Advocates (eviction protections in the CARES Act, which includes HUD subsidized properties as well as private multi-family housing if the owner has a federally guaranteed mortgage), April 2020

Older Consumers

• Federal, State and Private Protections for Older Consumers Impacted by the COVID-19 Pandemic, April 2020

Racial and Immigrant Equity

NCLC & Other Recommendations

• Leadership Conference on Civil and Human Rights Civil rights urging Congress to enact health and economic policies to protect low- and middle-income households, (especially households of color), April 16, 2020
• Immigrant Workers’ Rights and COVID-19 — A Resource for Workers and Their Advocates (National Immigration Law Center, National Employment Law Project, and the Occupational Safety and Health Law Project)
• Group letter urging FHFA to quickly translate key mortgage forbearance notices related to COVID-19 for borrowers with Limited English Proficiency, April 9, 2020; Press Release
• NAACP: Ten Equity Implications of the COVID-19 Outbreak in the U.S.: the Imperative for Civil Rights Advocacy, Monitoring and Enforcement, March 2020

Robocalls & Telemarketing

Federal Relief

NCLC & Other Recommendations

• NCLC & American Bankers’ Association Ex-Parte joint comments to the FCC requesting quick action to interpret the TCPA’s emergency exception to apply to automated calls from creditors during the  COVID-19 emergency when informing consumers of forbearance and payment deferral options for loans secured by homes and vehicles, April 23, 2020
• Group Ex Parte Comments to the FCC supporting the American Banker Asso. and other lenders petition on pandemic calls duringdeclared national emergency, limited numbers of automated calls from the described institutions to alert their customers to the callers’ offers of the specified kinds of relief related to the COVID-19 pandemic, April 9, 2020; Related press release

Student Loans

Federal Relief

Litigation

• Barber, Jenkins  et al vs Devos and U.S. Department of Education, Case 1:20-cv-01137, May 7, 2020. Amended Complaint and Press Release.   Share your storyif you have had wages garnished in 2020 for a student loan.NCLC and Student Defense, with support of the Student Borrower Protection Center, filed an emergency APA lawsuit in the D.C. District Court against the U.S. Department of Education seeking to stop its garnishment of wages from defaulted student loan borrowers and to force the agency to immediately comply with Sec. 3513 (e) of the CARES Act that mandates that all such collections be ceased until at least next September. A motion for injunctive relief class certification has also been filed.

NCLC & Other Recommendations

• Coalition letter to Congress urging immediate and comprehensive action to ensure equal educational opportunity during the COVID-19 public health crisis and beyond, May 7. 2020
• Letter from NCLC and SBPC urging U.S. Dept. of Education to take swift action to mitigate student loan borrower harm from poor servicer implementation of the CARES Act, April 27, 2020
• Video Explainer: What the CARES Act Means for Repayment of Federal Student Loans, April 21, 2020
• Consumer and industry groups’ letter urging Congress to extend CARES Act relief to all federal student loan borrowers; 66 national, state, and community groups letter, April 13, 2020
• Coronavirus Crisis: What Borrowers Need to Know About Student Loan Relief, April 2020
• What the CARES Act Means for Repayment of Federal Student Loans, March 28, 2020
• Making Sense of Federal Student Loan Repayment Relief During COVID-19, March 24, 2020
• Student Loan Cancellation is a Critical COVID-19 Equity Issue, March 23, 2020
• Covid-19: What the U.S. Department of Education, Lenders and Student Loan Borrowers Should Do Now, March 13, 2020

Utilities and Bridging the Digital Divide

Federal Relief

• FCC order that no current Lifeline customer lose their service during this crisis and preserves Lifeline service for existing customers by waiving certain rules that are popular reasons for loss of Lifeline service, March 30, 2020

NCLC & Other Recommendations

• Group letter to Congress urging inclusion of expanded broadband in upcoming stimulus packages, April 30, 2020
• Skyrocketing Utility Arrears during the Covid-19 Crisis: The Need for Substantial Federal Support, April 2020
• Group letter to House and Senate leadership urging Congress to provide a low-income broadband benefit as part of the forthcoming Phase 4 COVID-19 Package, April 14, 2020
• Group letter to the U.S. Energy & Commerce committee urging COVID-19 emergency action to ensure affordable and accessible broadband internet for underserved Americans, April 7, 2020
• Comments on behalf of Community Organizing and Family Issues to the Illinois Commerce Commission urging approval of flexible uniform, statewide credit and collections practices to ensure that customers remain connected to essential utility services, April 6, 2020
• The Need for Utility Reporting of Key Credit and Collections Data Now and After the Covid-19 Crisis, April 2020
• Group letter to the FCC: Emergency Request for Increased Lifeline Support During the COVID-19 Crisis, March 23, 2020
• Letter to Senate leadership: Request for Low Income Home Energy Assistance Program (LIHEAP) in COVID-19 Response Bill, March 21, 2020
• Group letter encouraging internet and broadband providers to lift data caps and increase data speed for low-income consumers to help bridge the digital divide, March 20, 2020

State & Local Relief

• Comments on behalf of the Mass. Union of Public Housing Tenants and the Mass. Energy Directors Association, urging the Department of Public Utilities to create new post-moratorium consumer protections for utility credit and collections, April 10, 2020
• MA DPU opens investigation into post-moratorium credit & collection policies, Mar. 31, 2020
• NCLC filed formal requests with utility regulators to impose a moratorium on all utility shut-offs during the COVID-19 crisis in California (moratorium imposed) and Massachusetts (moratorium imposed). For a regularly updated list of moratoriums and other state responses, please see the National Association of Regulatory Utility Commissioners website.
• MA, PA, and IL (electricity and gas) requesting halt of door-to-door marketing by Competitive Energy Suppliers.

NCLC Recommendations

• NCLC Briefing Statement to the Massachusetts Advisory Committee to the United States Commission on Civil Rights re: the need for access to safe and affordable water service during and beyond the COVID-19 crisis, May 19, 2020
• Coronavirus Crisis: How States Can Help Consumers Maintain Essential Utility Services, March 2020
• COVID-19 Pandemic Requires Federal, State and Municipal Action to Stop Involuntary Utility, Water, and Telecommunications Shut-offs, March 2020
• Press release: Covid-19 Crisis: Advocates Call for U.S. Governors to Take Immediate Action to Ensure Residents are Protected from Utility Shut Offs, March 27, 2020

Training and Conferences at NCLC

All information will be updated on our Conferences or Webinars pages.

•  NCLC’s Mortgage Conference will be an online webinar series from June 15 – 18, 2020, due to the ongoing public health crisis and our emphasis on the safety of conference attendees.
• NCLC’s annual Consumer Rights Litigation Conference will be November 19-22 in Atlanta.

Additional Resources

Consumers

• For consumers needing legal help, please visit NCLC’s website for a list of resources on how to get legal assistance.
• Coronavirus Emergency: What Consumers Need to Know About Mortgage Relief, April 2020
• NCLC’s free articles on Consumer Debt Advice.
• Surviving Debt: Expert Advice For Getting Out of Financial Trouble As many Americans grapple with the fallout from this unprecedented crisis, NCLC’s 50th anniversary edition of Surviving Debt is an invaluable resource for consumers and consumer advocates. We have made the digital edition of Surviving Debt free to all during the COVID-19 crisis. Read and download, print, or email content on debt issues. Print books are also available with bulk discounts at NCLC’s Digital Library bookstore.
• The National Digital Inclusion Alliance website includes a list of free and low-cost broadband internet plans.
• Consumer Financial Protection Bureau (CFPB): Protecting Your Finances During the Coronavirus Pandemic.
• CFPB: How to stop automatic payments from your bank or credit union account
• Tips from the Federal Trade Commission for avoiding scams related to COVID-19.