Skip to main content
Articles from NCLC

Image

articles banner

The TCPA Year in Review: Spokeo, FCC Rulings, and a Torrent of Court Decisions (updated February 6, 2017)

January 6, 2017
2016 was an active year for changes concerning the Telephone Consumer Protection Act (TCPA). This article highlights the following changes, with more detail found in NCLC’s Federal Deception Law ch. 6, as most recently updated online on January 6, 2017 (The chapter has now been updated online again on February 6, 2017, including a new January 30, 2017 Ninth Circuit decision in Van Patten v...

Each Debt Collector Must Notify Consumer of Debt Verification Rights

July 27, 2016
Ninth Circuit’s July 20 Decision Important Step in Resolving Split Among the Courts In a comprehensive opinion in Hernandez v. Williams, Zinman & Parham PC, 2016 WL 3913445 (9th Cir. July 20, 2016), the Ninth Circuit held that “…the FDCPA unambiguously requires any debt collector—first or subsequent—to send a § 1692g(a) validation notice within five days of its first communication with a consumer...

Six Ways to Avoid the “One-Bite” Rule for RESPA Loss Mitigation Applications

July 26, 2016
In evaluating whether to file a court action for violations of the RESPA Reg. X loss mitigation rule, determine if the servicer evaluated any of the client’s earlier loss mitigation applications. Reg. X, 12 C.F.R. § 1024.41(i) provides that a servicer is "only required to comply with the requirements of this section for a single complete loss mitigation application for a borrower’s mortgage loan...

Exciting New Features Added to NCLC’s Digital Library

June 8, 2016
New features have just been added to our online treatises—the option to view search results ordered by section number (instead of by relevance) and flags to help you pinpoint just updated sections and significant law changes. This article contains tips on using these new features.