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