President’ s Report
By Edward C. Boltz Partner, John T. Orcutt View Bio
These consumer rights claims have increasingly become a large and important part of representing consumers in bankruptcy.
As many NACBA members know, on May 16, 2016, the Supreme Court issued its opinion in Spokeo, Inc. v. Robins, 194 L. Ed. 2d 635( U. S. 2016), holding that Congress could create Article III standing under the Fair Credit Reporting Act(“ FCRA”) only if there was both a concrete and particularized injury to the Plaintiff. This opinion will be impacting cases across the spectrum of federal consumer rights issues, including not just FCRA but also Fair Debt Collection Practices Act(“ FDCPA”) and Real Estate Settlement Procedures Act(“ RESPA”) claims, requiring that plaintiffs plead and show real and not abstract injuries.
These consumer rights claims have increasingly become a large and important part of representing consumers in bankruptcy. And while the question of standing is more complicated regarding bankruptcy actions, it is likely that Spokeo will be used to challenge automatic stay and discharge violations also.
For these reasons, NACBA has joined with the National Consumer Law Center(“ NCLC”) and the National Association of Consumer Advocates(“ NACA”) to support a Spokeo website online at www. nclc. org / spokeo.
On the site you will find statute-specific Spokeo analyses excerpted from updated NCLC legal treatises; model language for Spokeo briefs; sample Spokeo briefs filed by advocates in pending cases; relevant court decisions; and other practice aids.
The website is now active, although it is still a work in progress. NCLC intends to continue to build and develop its content over time. More FDCPA manual updates are in the works and will be posted on a rolling basis as soon as they are completed. NACBA is participating actively in the Spokeo working group to ensure that attention is paid to its implications in bankruptcy litigation.
NACBA members are encouraged to use this website and contribute to it as a resource that will benefit the combined consumer rights community. Please bring corrections to the attention of NCLC and NACBA, sending us materials on Spokeo that you develop so that we can share them on the website.
4 CONSUMER BANKRUPTCY JOURNAL Summer 2016 National Association of Consumer Bankruptcy Attorneys