National Consumer Law Center

09/20/2024

“The government offered Parent PLUS loans to parents regardless of whether they could afford it,” Tia Caldwell, senior policy analyst at New America Ed, said in the release. “Once they become eligible for Social Security benefits, the government can seize a portion of the benefits above a meager $750 per month, pushing many into poverty as they reach retirement age.” via Inside Higher Ed

Over the last 20 years, the number of adults aged 60 or older with student loan debt has grown sixfold, and the amount of debt they carry has multiplied nearly 20 times, according to a new fact sheet from the National Consumer Law Center (NCLC) and the New America Foundation.

09/19/2024

A new fact sheet from NCLC and New America Ed examines the problem of older adults with student loan debt and provides policy solutions to protect their financial security.

“The number of people reaching retirement age while still burdened by student debt has exploded,” said Abby Shafroth, co-director of advocacy at the National Consumer Law Center and director of its Student Loan Borrower Assistance project. “This debt is now threatening millions of people’s ability to meet their basic needs in old age. Fortunately, there is a lot policymakers can do to address this problem, from protecting Social Security benefits and more wages from garnishment, to canceling remaining balances for borrowers who have already spent more than two decades attempting to pay down their loans.”

NCLC and New America Foundation Identify Policy Solutions to Reduce the Impact of Student Debt on Older Adults

09/17/2024

In almost every case, a consumer sold a lemon used car has a viable claim despite the “as is” sale. The latest article from NCLC's sets out a dozen ways for consumers to recover even when they are sold a lemon used car “as is.”

The first four ways provide strong consumer remedies even if the “as is” disclaimer is effective. The remaining eight ways set out when the “as is” language is not effective to limit the dealer’s or manufacturer’s warranty obligations, thus allowing damage recoveries.

This NCLC Digital Library article lists 12 ways to recover for used car defects despite the dealer selling the car “as is.”

09/17/2024

“This case is the latest high-profile example of corporations’ weaponization of fine print traps to evade accountability, even when accused of wrongful death, by stripping consumers of their constitutional right to a trial by jury,” said Shennan Kavanagh, director of litigation at the National Consumer Law Center. “Congress must pass the FAIR Act to stop corporations from using abusive arbitration clauses.”

The FAIR Act would ensure that consumers, workers, and small businesses have access to the court system when they are harmed.

09/16/2024

NCLC is proud to be a Community Partner for the Conference taking place in the heart of the US automotive industry - , MI!

Join us Sep. 24-26 for the nation’s premier conference. 𝐔𝐬𝐞 𝐜𝐨𝐝𝐞 𝐍𝐂𝐋𝐂𝟕𝟓 𝐟𝐨𝐫 $𝟕𝟓 𝐨𝐟𝐟!

The United States' leading electric transportation conference, where leaders convene to transform how people and goods move.

09/16/2024

Americans owe at least $220 billion in medical debt, according to KFF, a nonprofit health policy research, polling and news organization. The burden of medical debt has contributed to financial anxiety among voters and has become an issue in the 2024 presidential campaign.

Medical debt is a “problem that is uniquely American,” said Berneta Haynes, senior attorney at the National Consumer Law Center, a nonprofit organization, and an expert on the topic. “Even if you have insurance, if you have chronic health conditions that require you to interface more often with the health care system, you are putting yourself at greater risk for medical debt every single time you make an appointment." via: NBC News

In North Carolina, a state hard hit by the national crisis of medical debt, Terry Belk has spent 20 years struggling to get free of "this ... anvil I'm dragging around."

09/13/2024

The Early Bird Discount ends 𝐭𝐨𝐝𝐚𝐲! Don’t miss out on the chance to save on registering for the 2024 Consumer Rights Litigation Conference. Click below to register by Friday, September 13 & claim the discount.

This year’s CRLC will feature 60+ substantive main conference sessions covering every major area of consumer law, essential networking opportunities for consumer advocates, special programs for advocates of all experience levels, and much more. ALL legal aid attorneys and private attorneys with less than 5 years of experience (“Next Generation”) receive guaranteed 50% automatic scholarships applied at registration. cc: National Association of Consumer Advocates

The CRLC & Class Action Symposium is a comprehensive convening of the consumer law community. Registration opens this summer.

09/12/2024

When you defer a car payment, you’ll likely end up owing more at the end of your loan. ProPublica's free auto loan calculator tool was built to help borrowers figure out their final payment amount and understand how car loan extensions work.

“It’s tempting to just say, ‘Oh yeah, let’s just add it to the end,’” said John Van Alst, director of the National Consumer Law Center’s Working Cars for Working Families project. But “if the numbers weren’t working before — unless something’s changed — there’s a real chance the numbers aren’t going to work as you continue to go forward.”

When you defer a car payment, you’ll likely end up owing more at the end of your loan. Our free auto loan calculator tool was built to help borrowers figure out their final payment amount and understand how car loan extensions work.

09/12/2024

The Early Bird Discount ends 𝐭𝐨𝐦𝐨𝐫𝐫𝐨𝐰! Don’t miss out on the chance to save on registering for the 2024 Consumer Rights Litigation Conference in . Register by Friday, September 13 & claim the discount.

This year’s CRLC will feature 60+ substantive main conference sessions covering every major area of , essential networking opportunities for consumer advocates, special programs for advocates of all experience levels, and much more. ALL legal aid attorneys and private attorneys with less than 5 years of experience (“Next Generation”) receive guaranteed 50% automatic scholarships applied at registration. cc: National Association of Consumer Advocates

The CRLC & Class Action Symposium is a comprehensive convening of the consumer law community. Registration opens this summer.

09/10/2024

“Incarcerated people are disproportionately low-income and they often earn pennies an hour for their work while incarcerated, if they are even paid at all,” said Anna Anderson, staff attorney at the National Consumer Law Center and author of the report. “The cost of medical care often falls on already-burdened and financially strapped families. For those without outside financial support, 𝐭𝐡𝐞 𝐩𝐫𝐨𝐡𝐢𝐛𝐢𝐭𝐢𝐯𝐞 𝐜𝐨𝐬𝐭 𝐨𝐟 𝐦𝐞𝐝𝐢𝐜𝐚𝐥 𝐜𝐚𝐫𝐞 𝐜𝐚𝐧 𝐭𝐮𝐫𝐧 𝐚 𝐩𝐫𝐢𝐬𝐨𝐧 𝐬𝐞𝐧𝐭𝐞𝐧𝐜𝐞 𝐢𝐧𝐭𝐨 𝐚 𝐝𝐞𝐚𝐭𝐡 𝐬𝐞𝐧𝐭𝐞𝐧𝐜𝐞.”

Advocates Recommend Eliminating Fees for Medical Care in Prisons and Jails and Ending the Collection of Carceral Medical Debt

09/09/2024

Are you ready to attend the 2024 Consumer Rights Litigation Conference (CRLC) & Class Action Symposium in Orlando? 𝐓𝐡𝐞 𝐄𝐚𝐫𝐥𝐲 𝐁𝐢𝐫𝐝🐦𝐝𝐢𝐬𝐜𝐨𝐮𝐧𝐭 𝐞𝐧𝐝𝐬 𝐅𝐫𝐢𝐝𝐚𝐲. cc: National Association of Consumer Advocates

The CRLC & Class Action Symposium is a comprehensive convening of the consumer law community. Registration opens this summer.

09/05/2024

Renters across the country face a dizzying number of junk fees that cost them hundreds of millions of dollars per year and push affordable housing out of reach. State and local governments play a central role in landlord-tenant law and a new report focuses on steps they can take to reduce in rental housing.

“Tackling rental housing junk fees has added an important dimension to the work tenants and tenant organizers are already doing to address poor rental conditions,” said Steve Sharpe, senior attorney at NCLC and co-author of the report. “State and local governments must prohibit surprise fees and all fees that are not modest, reasonable, and proportionate to the actual cost incurred by the housing provider.”

Report discusses state and local laws addressing rental housing junk fees and provides recommendations to protect renters.

08/29/2024

"Earned Wage Advance products are nothing more than workplace payday loans made available on a cell phone, which the industry continues to aggressively peddle to vulnerable, lower-wage workers, particularly people of color and women," said Christine Chen Zinner, senior policy counsel at Americans for Financial Reform.

In comments submitted today, more than 160 consumer, labor, civil rights, faith-based, and community organizations called for clearer cost and fee disclosures for these workplace payday loans.

"The Consumer Financial Protection Bureau (CFPB) must continue to make sure that these products are treated as the loans that they are, with all the same disclosures as other loan products."

Coalition letter calls for clearer cost and fee disclosures for workplace payday loans.

08/29/2024

“Cash advance apps that call themselves ‘earned wage access’ are just payday loans in disguise,” said Lauren Saunders, associate director of the National Consumer Law Center. “𝐖𝐨𝐫𝐤𝐞𝐫𝐬 𝐬𝐡𝐨𝐮𝐥𝐝 𝐧𝐨𝐭 𝐡𝐚𝐯𝐞 𝐭𝐨 𝐩𝐚𝐲 𝐭𝐨 𝐛𝐞 𝐩𝐚𝐢𝐝 or be subject to payday loans with costs disguised in ‘tips,’ ‘expedite fees’ or other junk fees. A tip is paid to a human being who serves you; it is not a legitimate way to disguise the cost of predatory loans."

Coalition letter calls for clearer cost and fee disclosures for workplace payday loans.

08/28/2024

The Federal Trade Commission is considering a rule that would prohibit hidden or misleading fees for any business. Ariel Nelson, a staff attorney with the National Consumer Law Center, has seen an increase in rent-related fees around the country.

“It's really important that they are regulated and included at the federal level because they are so prevalent, and they also harm low-income people and renters of color in particular," she said. KUER 90.1 NPR

Utah requires the disclosure of all costs before a lease application fee is accepted. Even so, there’s still a debate on whether rent should be all-inclusive or not.

08/28/2024

𝐎𝐧𝐞 𝐰𝐞𝐞𝐤 𝐥𝐞𝐟𝐭! Nominate a colleague for our two annual awards: the prestigious 𝐕𝐞𝐫𝐧 𝐂𝐨𝐮𝐧𝐭𝐫𝐲𝐦𝐚𝐧 𝐀𝐰𝐚𝐫𝐝 for lifetime achievement in consumer law, and the 𝐑𝐢𝐬𝐢𝐧𝐠 𝐒𝐭𝐚𝐫 🌠 𝐀𝐰𝐚𝐫𝐝 for newer attorneys who have made a significant impact.

Awards will be presented at the 2024 Consumer Rights Litigation Conference in . Register today! cc: National Association of Consumer Advocates

We are honored to be able to present both the Vern Countryman and Rising Star Awards every year to outstanding advocates in the consumer law community.

08/26/2024

After listening to the mothers describe using WiFi in a McDonald’s parking lot so they can take part in remote doctor’s appointments, pay bills, and provide their kids with an internet connection for their online homework, Federal Communications Commission Chairwoman Jessica Rosenworcel called their stories “chilling.”

“That family and that child are going to have a harder time thriving in the modern world without that connection at home,” she said.

AP

The FCC voted in July to allow schools and libraries to use federal money to loan out WiFi hotspots to students and patrons.

08/23/2024

In online forums like Reddit, there’s a constant stream of complaints and requests for help from dissatisfied residential solar customers. Part of the reason is that many customers who feel victimized don’t know where to turn.

“There’s not really one place for consumers to complain to. If they do have a problem with solar companies, they can complain to the Federal Trade Commission. They might complain to the Consumer Financial Protection Bureau (CFPB), they might complain to their state AG’s office," said Jennifer Bosco, a senior attorney with the National Consumer Law Center.

The rooftop solar business is a big source of consumer complaints. Across the country, prosecutors are investigating sales practices and financing arrangements. Now the solar industry is working to repair its reputation.

08/22/2024

The 2024 Consumer Rights Litigation Conference in will include five featured sessions on Credit, Banking, and Payments. Sessions include ABCs of EFT, Litigating Payment Fraud Cases, Hot Topics in Banking, and more!

Register by September 13 for an early bird discount to attend the largest gathering of the year, with 6-+ substantive sessions covering major topics in consumer advocacy. cc: National Association of Consumer Advocates

The CRLC & Class Action Symposium is a comprehensive convening of the consumer law community. Registration opens this summer.

08/21/2024

It is still August and it has already been an active year for the Consumer Financial Protection Bureau (CFPB), with significant new final and proposed rules, advisory opinions, supervision findings, enforcement proceedings, and circulars (detailed interpretations) covering a wide range of new and established financial products. This activity often can be of significant benefit to consumers litigating in these areas and can help their attorneys identify systematic abuses in various industries.

A new article from NCLC's Digital Library article briefly summarizes 18 actions the CFPB has taken so far this year and their implications for private consumer litigation.

Already in 2024, the CFPB has issued 18 interpretations, rules, and enforcement actions that will aid private consumer litigation. This article explains these actions involving contracts for deed, mortgage and student loan servicing, credit reporting, new forms of credit, debt collection, auto finan...

08/20/2024

𝐅𝐫𝐨𝐦 𝐭𝐡𝐞 𝐃𝐢𝐠𝐢𝐭𝐚𝐥 𝐋𝐢𝐛𝐫𝐚𝐫𝐲: New payment methods raise new issues about consumer rights concerning fraudulent or erroneous transfers, fees, and the ability to stop or recoup payments. The new edition of 𝘊𝘰𝘯𝘴𝘶𝘮𝘦𝘳 𝘉𝘢𝘯𝘬𝘪𝘯𝘨 𝘢𝘯𝘥 𝘗𝘢𝘺𝘮𝘦𝘯𝘵𝘴 𝘓𝘢𝘸 now covers all rights concerning consumer payments: UCC Articles 3, 4 and 4A, the Electronic Fund Transfer Act, Nacha rules, the CFPB’s prepaid account rule, E-Sign and UETA, and state laws on check cashing, remittances, money transmitters, and gift cards.

𝘊𝘰𝘯𝘴𝘶𝘮𝘦𝘳 𝘉𝘢𝘯𝘬𝘪𝘯𝘨 𝘢𝘯𝘥 𝘗𝘢𝘺𝘮𝘦𝘯𝘵𝘴 𝘓𝘢𝘸 offers both a practical and detailed coverage of old and new payment methods and consumer rights.

© Copyright, National Consumer Law Center, Inc., All rights reserved. Terms of Use | Privacy PolicyNational Consumer Law Center and NCLC are trademarks of National Consumer Law Center, Inc.

08/20/2024

There have been fears that will accidentally magnify biases either by relying on algorithms that are trained on biased data, or by other methods such as automating assessments that ignore student experiences even while sorting them into different learning paths.

Now, some early data suggests that AI could indeed widen disparities. EdSurge

The tech industry vaunts AI’s potential to close equity gaps in education. Or will it widen the gap instead by creating an “underclass of students”?

08/19/2024

“The massive data breach at National Public Data demonstrates why the CFPB must proceed quickly with regulating data brokers under the ,” said Chi Chi Wu, senior attorney at the National Consumer Law Center. “Data brokers hold massive amounts of personal information for millions of Americans, which can be weaponized against us when stolen.”

Advocates advise consumers to freeze their credit reports, urge CFPB to complete its proposed rule to regulate data brokers.

08/19/2024

Most heat-related deaths involve homeless people living outdoors. But those who die inside without sufficient cooling also are vulnerable, typically older than 60, living alone, and with limited income.

Underscoring the inequities around energy and access to air conditioning as summers grow hotter, many victims are Black, Indigenous, or Latino.

“Air conditioning is not a luxury, it’s a necessity,” said Mark Wolfe, executive director of the National Energy Assistance Directors’ Association, which represents state energy assistance programs. “It’s a public health issue and it’s an affordability issue.” via Associated Press 🔵

Advocates say air conditioning is no longer a luxury but a public health and affordability issue. The growing number of people dying without sufficient cooling when outdoor temperatures rise underscores the necessity of air conditioning in areas affected by rising summer temperatures.

08/16/2024

NCLC formally petitioned the Consumer Financial Protection Bureau (CFPB) to write new rules that would require landlords to provide "adverse action" explanations when rejecting prospective renters who have applied for an apartment or other housing lease.

The rulemaking petition, which was made public Tuesday, called specifically for the CFPB to narrowly define housing leases as "credit" and landlords as "creditors" under the Equal Credit Opportunity Act, a federal law that prohibits lending discrimination. via Law360

A major consumer advocacy group has formally petitioned the Consumer Financial Protection Bureau to write new rules that would require landlords to provide "adverse action" explanations when rejecting prospective renters who have applied for an apartment or other housing lease.

08/15/2024

The Consumer Law Practice Series is updated continuously on the NCLC Digital Library, making NCLC's treatises the most thorough and reliable practice tools in consumer law. A subscription to the complete set of 21 titles provides 𝐮𝐧𝐥𝐢𝐦𝐢𝐭𝐞𝐝 𝐚𝐜𝐜𝐞𝐬𝐬 to the entire Consumer Law Practice database.

For a limited time, add any new subscription to your library at 𝟏𝟓% 𝐨𝐟𝐟 using the promo code 𝐑𝐄𝐅𝐑𝐄𝐒𝐇 at checkout. ➡ https://library.nclc.org/bookstore

08/15/2024

"The notion that terms agreed to by a consumer when creating a Disney+ free trial account would forever bar that consumer's right to a jury trial in any dispute with any Disney affiliate or subsidiary, is 𝐬𝐨 𝐨𝐮𝐭𝐫𝐚𝐠𝐞𝐨𝐮𝐬𝐥𝐲 𝐮𝐧𝐫𝐞𝐚𝐬𝐨𝐧𝐚𝐛𝐥𝐞 𝐚𝐧𝐝 𝐮𝐧𝐟𝐚𝐢𝐫 𝐚𝐬 𝐭𝐨 𝐬𝐡𝐨𝐜𝐤 𝐭𝐡𝐞 𝐣𝐮𝐝𝐢𝐜𝐢𝐚𝐥 𝐜𝐨𝐧𝐬𝐜𝐢𝐞𝐧𝐜𝐞, and this Court should not enforce such an agreement," Piccolo's lawyers wrote in response. NPR

Jeffrey Piccolo's wife died of an allergic reaction after eating at a Disney World restaurant. Disney says his claims must be arbitrated out of court based on the terms of his years-old Disney+ trial.

08/14/2024

Learn more about automatic scholarships available to attend the 2024 Consumer Rights Litigation Conference in .

Through NCLC’s Campaign for the Future and its generous donors, all Legal Aid attorneys and private practice attorneys with less than five years of experience ("Next Generation") will receive an automatic 50% scholarship to attend this conference. This scholarship opportunity automatically lowers the cost of attendance when registering for the conference.

A limited number of registration scholarships are also available for Assistant Attorneys General

Register before September 13 to add the Early Bird Discount in addition to the scholarship for even greater savings! cc: National Association of Consumer Advocates

The CRLC & Class Action Symposium is a comprehensive convening of the consumer law community. Registration opens this summer.

08/14/2024

Consumer advocates say you should be skeptical of anyone who knocks on your door selling solar.

“I wouldn't sign up for something based solely on a door to door marketer,” says Jenifer Bosco, senior attorney with the National Consumer Law Center. She suggests taking time away from the salesperson to consider information they offer, do your own research and then make a decision on your own time. via NPR

The rooftop solar business is a big source of consumer complaints. The industry is working to repair its reputation. Here’s how you can protect yourself.

08/13/2024

Today, at 10:00 am Central Time, Sarah Bolling Mancini will recommend policy reforms to protect aspiring homeowners from deceptive financing during a Consumer Financial Protection Bureau (CFPB) Field Hearing at the St. Paul Campus of the University of St. Thomas. The public can join in person or register to listen live.

“Land contracts and lease-options create a mirage of homeownership that drains wealth from low-income neighborhoods and communities of color and increasingly targets immigrant communities,” said Mancini. “These contracts do not provide a meaningful pathway to homeownership and are instead a costly detour that can burden consumers with the obligation to repair, maintain, insure, and pay taxes on a home without actually giving them a fair chance at wealth building.”

Sarah B. Mancini will recommend policy reforms to protect aspiring homeowners from deceptive financing