Comment Letters

September 6, 2017 | Filed under: Credit Reporting | Tagged with: Class Actions

Compelling case stories show credit reporting agencies whose conduct was so detrimental that individual consumers were unable to get serious errors in their credit reports or background checks fixed until they sued in court, and examples of consumers who banded together in class actions to seek accountability for violations of their rights under the Fair Credit Reporting Act. Under H.R. 2359, “FCRA Liability Harmonization Act,” these consumers would have been denied the ability to seek adequate remedies against bad actors.


Read the letter from public interest organizations.

Read NACA's letter to the Committee. 

Read testimony of hearing witness Chi Chi Wu.

September 6, 2017 | Filed under: Credit Reporting | Tagged with: Class Actions

H.R. 2359, the “FCRA Liability Harmonization Act,” would deprive victims of credit reporting abuses of deserved compensation for their losses and would disrupt the marketplace by diminishing the justice system as a key tool to deter systemic and abusive conduct in the vast and complex credit reporting and information system.

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

NACA joins letter to oppose any House FY 2018 appropriations bills or packages which include harmful policy riders. Appropriations bills continue to be misused to undermine essential safeguards through poison pill “policy riders” – provisions that address extraneous and unpopular policy issues. Slipping unrelated and damaging issues into must-pass appropriations bills as a means to win approval is a dangerous strategy for the public.

August 24, 2017 | Filed under: Mortgage, Real Estate & Housing

Request for publication of the opinion issued in Mackovaska v. Bank of America.

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.