Comment Letters

August 22, 2017 | Filed under: Other Areas of Interest | Tagged with: Judiciary

NACA joins letter in strong opposition to legislative proposals to divide the United States Court of Appeals for the Ninth Circuit, including S.276, the Judicial Administration and Improvement Act of 2017, and S. 295, the Circuit Court of Appeals Restructuring and Modernization Act.

August 9, 2017 | Filed under: Other Areas of Interest | Tagged with: Trial Rules

NACA and NCLC submit comments to the Advisory Committee on Civil Rules and its Rule 30(b)(6) subcommittee regarding its invitation for comment regarding Rule 30(b)(6) published on May 2017. 

August 7, 2017 | Filed under: Forced Arbitration

The National Association of Consumer Advocates (NACA), a national nonprofit association of attorneys and advocates actively engaged in promoting a fair and open marketplace that forcefully protects the rights of consumers, submitted comments to oppose the Centers for Medicare & Medicaid Services’ (CMS) proposal that would revise its own recent rule on the use of predispute binding mandatory arbitration by long-term care (LTC) facilities. NACA strongly disagrees with the CMS proposal that would rescind its well-supported rule. CMS should withdraw its proposal and retain the current rule.

July 31, 2017 | Filed under: Mortgage, Real Estate & Housing

The ability-to-repay rule has made a significant, positive impact in the lives of homeowners and has contributed to the restoration of a functioning mortgage market. This was crucial after the Great Recession rolled back a generation of progress on asset and wealth building through homeownership while decimating the economy. While further improvements to the rule are needed, the rule has restored common-sense principles to the origination market and has done so without restricting access to credit. In these comments, NACA joins organizations to offer a number of recommendations to strengthen the rule.

July 31, 2017 | Filed under: Telephone Consumer Protection Act

NACA joins groups in comments to the Federal Communications Commission on combatting robocalls. Ending unwanted robocalls remains a key concern for the undersigned groups and the consumers we represent. These reply comments briefly develop several of the points made in our original comments. We reiterate our original points, including that the FCC should clarify that the voice providers may block clearly-spoofed calls at the request of the subscriber to the spoofed number, calls spoofed with an invalid number, calls spoofed with a number that has not been allocated to a voice provider, and calls spoofed with a number that has yet to be assigned to a consumer

July 25, 2017 | Filed under: Forced Arbitration | Tagged with: CFPB

NACA submitted a letter to the U.S. House of Representatives urging opposition to H.J. Res. 111, a resolution under the Congressional Review Act (CRA) that would repeal the arbitration rule issued by the Consumer Financial Protection Bureau (bureau). H.J. Res. 111 would give the financial sector a pass to once again take away Americans’ legal rights that the bureau has rightfully restored.

July 25, 2017 | Filed under: Forced Arbitration | Tagged with: CFPB

Today, the Military Coalition issued a letter to Congress in support of an arbitration rule issued by the Consumer Financial Protection Bureau that would restore legal rights of U.S. servicemembers and millions of other American consumers.

"The Military Coalition (TMC), a consortium of uniformed services and veterans organizations representing more than 5.5 million current and former servicemembers and their families and survivors writes today in strong support of the Consumer Financial Protection Bureau’s (CFPB) final rule on Arbitration Agreements (Docket No. CFPB-2016-0020; RIN 3170-AA51). The final rule addresses the widespread harm of forced arbitration by preserving the ability of service members and other consumers to band together to seek relief through the civil justice system when financial institutions have broken the law. We applaud the CFPB for moving forward on this rule that recognizes the detrimental effects of forced arbitration and class action waivers on our brave men and women in uniform."


July 18, 2017 | Filed under: Other Areas of Interest | Tagged with: FTC

NACA joined other consumer organizations to express strong opposition to an amendment offered by Congressman Moolenaar that was included in the FY18 Financial Services and General Government Appropriations bill. This amendment, based on the “Anti-Pyramid Scheme Promotion Act of 2016,” would rob the Federal Trade Commission (“FTC”) of its ability to protect consumers from all but the most egregiously fraudulent pyramid schemes.

July 5, 2017 | Filed under: Other Areas of Interest | Tagged with: budget

NACA joined hundreds of organizations on a letter urging Congress to oppose any FY 2018 appropriations bills which include ideological policy riders. Appropriations bills have been used before to undermine essential safeguards through “policy riders” – provisions that address extraneous policy issues, and are slipped into appropriations bills to win approval as part of must-pass funding legislation. Contentious poison pill riders are intended to advance the priorities of special interest donors and supporters and should not be included in funding bills.

June 19, 2017 | Filed under: Automobiles

There is a large and unjustified discrepancy between the rights and protections provided to Massachusetts consumers who purchase motor vehicles and those who lease. Courts have remarked upon the inherent unfairness of denying these protections to Massachusetts lease
consumers. Massachusetts bill (S.B. 127) would impose no new obligations on dealers or finance companies other than what currently exists for consumer motor vehicle sales or is required by federal law.