The Consumer Bar

The Consumer BarThe Consumer BarThe Consumer Bar

The Consumer Bar

The Consumer BarThe Consumer BarThe Consumer Bar
  • Home
  • The Draft List
  • Bar Bites
  • On the Rocks
  • Straight Up
  • House Specials
  • Happy Hour Hacks
  • Taproom Talk
  • Pour Decisions
  • The Tab
  • Refills & Recaps
  • Legal Mixology
  • Trust Fund Tavern
  • Ask the Bartender
  • Meet the Baristas
  • Contact
  • More
    • Home
    • The Draft List
    • Bar Bites
    • On the Rocks
    • Straight Up
    • House Specials
    • Happy Hour Hacks
    • Taproom Talk
    • Pour Decisions
    • The Tab
    • Refills & Recaps
    • Legal Mixology
    • Trust Fund Tavern
    • Ask the Bartender
    • Meet the Baristas
    • Contact

  • Home
  • The Draft List
  • Bar Bites
  • On the Rocks
  • Straight Up
  • House Specials
  • Happy Hour Hacks
  • Taproom Talk
  • Pour Decisions
  • The Tab
  • Refills & Recaps
  • Legal Mixology
  • Trust Fund Tavern
  • Ask the Bartender
  • Meet the Baristas
  • Contact
Logo for The Draft List, a legal news source with a beer theme.

Stay updated with the latest developments in consumer law updates, including important topics like the California Lemon Law. From new lawsuits to changes in the Telephone Consumer Protection Act (TCPA) and other regulations, The Draft List serves you the freshest insights—delivered crisp, cold, and easy to understand.

New Hope for Student Borrowers

A Simpler Path to Bankruptcy Relief

8/14/25 - Rep. Lou Correa Introduces Student Loan Bankruptcy Improvement Act—A Major Win for Overwhelmed Borrowers


What's Happening:


On July 16, 2025, Representative Lou Correa (D‑CA‑46), along with 16 co-sponsors, introduced the Student Loan Bankruptcy Improvement Act of 2025. This bill aims to make it easier for student loan borrowers facing financial hardship to discharge their debt through bankruptcy.


What the Bill Does:


Removes the word “undue” from the hardship requirement. Student borrowers currently must prove "undue hardship" to qualify for discharge—a standard that's nearly impossible for most to meet. By eliminating "undue," the bill would give bankruptcy judges more flexibility to grant relief based on real-life circumstances.
 

The legislation maintains important safeguards against abuse, such as means testing, asset limits, and review mechanisms under the Bankruptcy Abuse Prevention and Consumer Protection Act.
 

Why It Matters:


This change could significantly expand access to bankruptcy relief for millions of borrowers struggling under overwhelming student debt.
 

It has already received strong backing from consumer advocates and organizations, including the National Association of Consumer Bankruptcy Attorneys (NACBA) and the National Consumer Law Center (NCLC).
 

What’s Next:


The bill is now under consideration in the House. If passed and signed into law, it would lower the barrier for borrowers seeking relief and offer real hope for a fresh financial start.


Bottom Line:


If you're weighed down by student loans, this legislation signals a positive shift. A more equitable legal standard could unlock opportunities for discharge that have long been out of reach. It’s a real step toward fairness, helping hardworking Americans get back on their financial feet.

Robocalls, Robot Voices, and Your Rights

1. Robocalls Are Back—And Bigger Than Ever

 If your phone feels like it’s buzzing more than ever with unwanted calls or texts, you’re not imagining it.  In 2025, lawsuits under the Telephone Consumer Protection Act (TCPA)—the main federal law that protects you from robocalls, spam texts, and prerecorded messages—have surged to record highs:

  • Over 500 new lawsuits were filed in just the first three months of the year—double last year’s pace.
  • By mid-year, the number had nearly doubled again, putting us on track for the busiest year for TCPA cases in a decade.
  • Nearly 8 out of 10 cases are class actions, meaning lawyers are representing groups of people who were all targeted in the same illegal campaign.

2. What’s Behind the Spike?

Courts Just Changed the Rules - In June 2025, the U.S. Supreme Court ruled that lower courts no longer have to follow the FCC’s interpretations of the TCPA. What does that mean for you? It makes the law less predictable—some judges may read the rules more strictly, others more loosely. That uncertainty is encouraging more lawsuits from people who feel their privacy was violated.


AI-Powered Marketing Is Flooding Inboxes - Marketers are now using AI to send calls and texts—and even create “synthetic” voices that sound human. But these tools can easily cross the line: sending messages without your permission; calling wrong or reassigned numbers; and using prerecorded voices without disclosure. Because AI can send messages to thousands of people in seconds, one mistake can trigger a massive lawsuit.


Lawyers Are Targeting Easy Wins - TCPA cases can be very profitable for consumers and their lawyers—$500 to $1,500 per illegal call or text. That means if you got even a dozen unwanted messages, you could be entitled to thousands of dollars. Multiply that across hundreds or thousands of people, and it’s easy to see why these cases are booming.

3. Why This Matters to You

 The TCPA gives you real power to fight back against unwanted calls and texts:

  • You have the right to say “STOP” to marketing texts and calls—and companies must honor it. 
  • Calls before 8 a.m. or after 9 p.m. local time are generally off-limits. 
  • Businesses must get clear, written permission before sending marketing texts or using prerecorded voices. 

If a company breaks these rules, you can take legal action—sometimes as part of a class action where you don’t even have to hire your own lawyer.

4. How to Protect Yourself Right Now

  • Don’t Answer Unknown Numbers – Let them go to voicemail.
  • Save Proof – Keep texts, call logs, or recordings of the messages. 
  • Opt Out Clearly – Reply “STOP” to texts or tell the caller “Put me on your do-not-call list.” 
  • Report Violations – File complaints with the FCC or FTC and consider contacting a consumer-rights attorney. 
  • Know Your State Laws Too – Some states add extra protections and penalties on top of the TCPA.

Bottom Line

The spike in TCPA lawsuits means two things:

  1. Companies are pushing the limits with aggressive—and often AI-driven—marketing.
  2. Consumers are fighting back using the laws designed to protect them.

If your phone is blowing up with robocalls or spam texts, know that you have rights—and the legal system is busier than ever making sure they’re enforced.

NJ Limits Medical Debt Collections

What’s Great for New Jersey Consumers About the Medical Debt Relief Act

What’s Great for New Jersey Consumers About the Medical Debt Relief Act

What’s Great for New Jersey Consumers About the Medical Debt Relief Act

08/08/25- New Jersey just flipped the script on medical debt—and for patients, that’s very good news. The Louisa Carman Medical Debt Relief Act is now fully in effect as of July 22, 2025, with key protections that began on July 22, 2024. If you’ve ever lost sleep over a surprise bill, collections calls, or your credit score taking a hit after getting care, this law is designed to protect you.  

The headline: medical debt can’t wreck your credit anymore

What’s Great for New Jersey Consumers About the Medical Debt Relief Act

What’s Great for New Jersey Consumers About the Medical Debt Relief Act

 For health care services provided on or after July 22, 2024, medical creditors and collectors cannot report your medical debt to credit bureaus. On top of that, paid medical debt and medical debts under $500 are off-limits for credit reporting, no matter when they were incurred. That means fewer credit score landmines when you’re trying to rent an apartment, buy a car, or apply for a job.  

A cooling-off period before collections—and a real path to pay

What’s Great for New Jersey Consumers About the Medical Debt Relief Act

 No more rushing you into collections. Collectors must wait at least 120 days after your first bill before taking collection actions, and they have to offer a reasonable payment plan first. You must also receive a clear 30-day notice before any collection action starts. 

What’s a “reasonable” plan under this law?

If you’re appealing your insurance, collections must pause

  •  Payments you can actually afford—no more than 3% of your monthly income (if your income is known).
  • A 6-month to 5-year timeline, adjusted to your situation.
  • A 60-day grace period for late payments.
  • A hard cap: interest can’t exceed 3% per year.
    All of this must be put in a written agreement so you know exactly what you’re signing up for. 

If you’re appealing your insurance, collections must pause

If you’re appealing your insurance, collections must pause

If you’re appealing your insurance, collections must pause

 When you’re fighting an insurance denial—internal appeal, external review, or other appeal—collectors can’t call, sue, or arbitrate while that appeal is pending. And if a debt was reported to a credit bureau and the creditor learns you’re appealing (or that you’ve paid), they must tell the credit bureau to delete the entry. This gives yo

 When you’re fighting an insurance denial—internal appeal, external review, or other appeal—collectors can’t call, sue, or arbitrate while that appeal is pending. And if a debt was reported to a credit bureau and the creditor learns you’re appealing (or that you’ve paid), they must tell the credit bureau to delete the entry. This gives you space to resolve coverage issues before collections turn up the pressure.  

Your wages are safer

If you’re appealing your insurance, collections must pause

If you’re appealing your insurance, collections must pause

 Wage garnishment can devastate a household. Under the Act, collectors cannot garnish wages to collect medical debt if your household income is below 600% of the federal poverty level. For many families, that removes the scariest threat in the collections playbook. 

Interest is capped—and judgments can’t dodge the cap

If someone breaks the rules, the debt they reported can be void

Interest is capped—and judgments can’t dodge the cap

 Whether you’re paying on a plan or there’s a court judgment, interest on medical debt can’t exceed 3% per year. That keeps balances from ballooning and makes repayment realistic. 

Debt sales are tightly restricted

If someone breaks the rules, the debt they reported can be void

Interest is capped—and judgments can’t dodge the cap

 The law reins in the practice of selling medical debt to aggressive buyers. A medical creditor can’t sell your debt unless the buyer agrees—in writing—not to resell it, not to report it to credit bureaus, and not to pursue other prohibited collection activity. This makes it far less likely your bill will ping-pong between collectors.  

If someone breaks the rules, the debt they reported can be void

If someone breaks the rules, the debt they reported can be void

If someone breaks the rules, the debt they reported can be void

 This one’s powerful: any portion of a medical debt reported to a credit bureau in violation of the Act is void. The Attorney General can also seek civil penalties and force restitution to consumers. That’s real leverage for patients when collectors overstep. 

Effective dates (so you know what applies when)

Quick tips if you’re contacted about a medical bill

If someone breaks the rules, the debt they reported can be void

  •  Credit-reporting protections and some other provisions took effect July 22, 2024.
  • The rest of the Act became effective on the one-year anniversary—July 22, 2025.
  • Bottom line: Everything is now in force.

Quick tips if you’re contacted about a medical bill

Quick tips if you’re contacted about a medical bill

Quick tips if you’re contacted about a medical bill

  •  Ask about the 120-day rule and payment plans. If they’re pressing you sooner, that’s a red flag. 
  • Tell them if you’re appealing an insurance denial. They must pause collection efforts while it’s pending. 
  • Check your credit report. If you see paid medical debt, sub-$500 medical debt, or any post-7/22/24 medical debt, you may be able to get 

  •  Ask about the 120-day rule and payment plans. If they’re pressing you sooner, that’s a red flag. 
  • Tell them if you’re appealing an insurance denial. They must pause collection efforts while it’s pending. 
  • Check your credit report. If you see paid medical debt, sub-$500 medical debt, or any post-7/22/24 medical debt, you may be able to get it removed—and possibly voided if it was improperly reported. 
  • Document everything. Keep copies of bills, appeal letters, and any payment plan you agree to.
     

Bottom Line

Quick tips if you’re contacted about a medical bill

Quick tips if you’re contacted about a medical bill

 New Jersey set out to stop medical bills from turning a health crisis into a financial catastrophe—and this law does exactly that. If you’re dealing with a medical bill or collections notice and want help asserting your rights under the Medical Debt Relief Act, we’re here to help.


This post is for general information only and isn’t legal 

 New Jersey set out to stop medical bills from turning a health crisis into a financial catastrophe—and this law does exactly that. If you’re dealing with a medical bill or collections notice and want help asserting your rights under the Medical Debt Relief Act, we’re here to help.


This post is for general information only and isn’t legal advice. If you have questions about your specific situation, contact a lawyer.

Hurricane Texts Blow Back

Florida Court Says Two Unwanted Messages Can Cost You

Dated: August 6, 2025 


Case: Helena Germain v. Mario’s Air Conditioning & Heating, Inc., SEHS HVAC Mario’s LLC, and Whitwild Management, LLC


U.S. District Court, Middle District of Florida, Tampa Division — Order on Cross-Motions for Summary Judgment (Aug. 5, 2025; Judge Tom Barber) 

What sparked the lawsuit?

While preparing for Hurricane Ian in September 2022, Florida homeowner Helena Germain—whose number was safely on the National Do Not Call Registry—received two text messages from “Mario’s AC.” The first reminded her to flip her breaker “during a hurricane,” the second offered 24/7 emergency service. Germain saw them as unwanted ads and sued under the Telephone Consumer Protection Act (TCPA).

Why this matters to consumers

  • Your Do Not Call registration has teeth. If you still get marketing texts, you may sue for $500 per text—or up to $1,500 if the violation is willful
  • Safety tips can be sales tactics. Courts look at the intent behind the message, not just the words on the screen.
  • Screenshots are your best friend. Time-stamped proof of unwanted texts is gold in court.
  • Corporate confusion is no defense. Even if multiple entities point fingers, you can proceed and let a jury decide who pays.
  • No robots required. Under the Do Not Call portion of the TCPA, human-typed spam is still spam.

Bottom line

The decision in Germain v. Mario’s shows that businesses can’t hide a sales pitch behind a storm-prep tip. If you’re on the National Do Not Call Registry and still receive marketing messages, the law is on your side—and, as this case reminds companies, it can be an expensive mistake to ignore it.


This article provides general information, not legal advice. If you believe your rights under the TCPA have been violated, consult a qualified attorney.


When Medical Debt Costs More Than Care

The Fallout of Reversing the CFPB Rule

 08/04/25 - On July 11, 2025, U.S. District Judge Sean D. Jordan of the Eastern District of Texas struck down a landmark Consumer Financial Protection Bureau (CFPB) rule that would have stripped unpaid medical debt from consumers’ credit reports. Intended to relieve financial burdens for roughly 15 million Americans carrying an estimated $49 billion in medical debt, the decision instead leaves these individuals vulnerable to damaged credit scores, higher borrowing costs, and prolonged financial uncertainty.

Background on the CFPB’s Medical Debt Rule

The Rule’s Provisions
In January 2025, the CFPB finalized a rule to: 

  1. Exclude medical collection accounts under $500 from credit reports.
  2. Remove older unpaid medical debt after one year on a consumer’s report. The agency estimated these changes would boost credit scores by an average of 20 points and facilitate approximately 22,000 additional mortgage approvals each year.
     

Rationale for the Rule
The CFPB found that medical debt is a poor predictor of overall credit risk, prone to inaccuracies from insurance denials and billing errors. By easing the reporting of such debt, the agency aimed to ensure that consumers weren’t unfairly penalized for circumstances largely beyond their control.

The Court’s Decision

Judge Jordan vacated the rule on the grounds that the CFPB lacked authority under the Fair Credit Reporting Act (FCRA). According to the court, Congress explicitly permits credit reporting agencies to include properly coded medical debt information, and the CFPB overstepped by redefining what constitutes “permissible” reporting under FCRA.


  • Legal Basis
     “The Bureau has no such power to define what in a consumer report is ‘permissible,’” Judge Jordan wrote, emphasizing that statutory authority rests with Congress, not a federal agency.
     
  • Appeal Uncertainty
    While the CFPB could, in theory, appeal, the agency’s rulemaking ability is currently hamstrung by a leadership memo halting new and pending regulations.

Harmful Impacts on Consumers

 

  1. Credit Score Damage
    With medical collections back on reports, millions may see their scores undercut—limiting access to favorable interest rates on mortgages, auto loans, and credit cards. For communities already disproportionately affected by medical debt, such as Black (28 %) and Latino (22 %) households, the ruling compounds existing inequities.
     
  2. Increased Borrowing Costs
    Lower credit scores translate to higher interest rates. Even a 20-point drop can add thousands in interest over the life of a mortgage or car loan, effectively costing consumers tens of billions in extra payments nationwide.
     
  3. Debt Collection Pressures
    Medical providers and debt collectors regain leverage to pursue unpaid bills. Consumers already juggling high healthcare costs and disputes over billing accuracy now face renewed collection efforts, which can include wage garnishment or legal judgments.
     
  4. Financial Uncertainty and Stress
    Research links credit score anxiety and collection notices to negative health outcomes, including increased stress and difficulty accessing essential services. The reversal erodes consumer confidence in financial protections designed to shield them from medical system complexities.
     

Broader Policy Implications

 

  • Regulatory Overreach vs. Consumer Protection
    The ruling underscores a broader tug-of-war between consumer advocates’ calls for stronger financial safeguards and industry or judicial limits on agency authority. As courts and lawmakers debate CFPB powers, consumers may find themselves caught in the crossfire, losing temporary regulatory reprieves.
     
  • State-Level Responses
    In lieu of federal action, some states (e.g., Colorado and New York) have enacted their own protections, such as capping medical collections or mandating longer grace periods. These patchwork measures, however, leave many without recourse in states lacking similar statutes.
     
  • Future of CFPB Rulemaking
    With the CFPB’s rulemaking function under a freeze, broader consumer financial reforms—ranging from junk fee curbs to overdraft limits—are similarly at risk. Restoring and reinforcing the agency’s authority will be key for long-term structural protections.

Conclusion and Call to Action

 The reversal of the CFPB’s medical debt rule represents a significant setback for consumer financial health. Without federal safeguards, millions will continue to see their medical struggles reflected in lower credit scores and higher borrowing costs. To mitigate harm:


  • Advocate for State Protections: Support legislation in your state that limits medical debt reporting or extends billing dispute processes.
  • Monitor Your Credit Reports: Regularly check for inaccuracies and file disputes on erroneous medical entries.
  • Engage with Consumer Groups: Join or donate to organizations pushing for broader, permanent reforms at both the state and federal levels.
     

Only through coordinated policy advocacy and individual vigilance can consumers hope to reclaim fair treatment in credit reporting—and shield their financial futures from the burdens of medical debt.

Consumer Rights News: The Spill on What's Brewing in Consumer Law

A lemon with small wheels and a judge's gavel in the background.

🟡 🍋 Sour Pour of the Month: California's Lemon Law Gets a Squeeze

Starting in 2025, updates to California’s Lemon Law will significantly impact consumers, particularly those purchasing used vehicles, as consumer law updates are set to narrow the coverage for warranties on these cars. The timelines for filing claims are also tightening, making it increasingly important for buyers to be aware of their rights. 


Bottom line: If your ride has spent more time in the shop than in your driveway, don’t delay in making a claim. The clock is ticking faster than it used to under the California Lemon Law.

Person rejecting an incoming call from an unknown number on a smartphone.

📵 📞 TCPA Gets Spicier: SCOTUS Rewrites the Robocall Recipe

The Supreme Court recently ruled that district courts don’t have to blindly follow FCC rulings when interpreting the Telephone Consumer Protection Act (TCPA). This decision means that the rules surrounding robocalls and text spam just became more complex—and potentially more protective for consumers. In light of recent consumer law updates, courts may now offer greater protection to individuals where the FCC has previously fallen short. Translation: That 'free cruise' call might end up costing them more than just your time.

✅ Consumer Victory in Oregon TCPA Case

Background

What the Court Held — For Consumers

What the Court Held — For Consumers

 

  • 🎯 Filed on March 4, 2025 in the U.S. District Court for the District of Oregon, this suit was brought by Chet Wilson, individually and on behalf of those similarly situated, accusing Skopos Financial (operating as Reprise Financial) of violating the Telephone Consumer Protection Act (TCPA), § 227(c), by sending unwanted text messages to numbers listed on the National Do‑Not‑Call Registry.
     
  • Wilson alleged he received four texts in November 2024, intended to prompt another customer (Brian) to finish a loan application, although the plaintiff claimed he never consented or requested them to stop.

What the Court Held — For Consumers

What the Court Held — For Consumers

What the Court Held — For Consumers

 

  • On July 21, 2025, Judge Michael J. McShane issued an Opinion and Order granting Plaintiff’s position: the court held that the messages did qualify as “telephone solicitation” under § 227(c)(5) of TCPA, thereby allowing the consumer‑friendly cause of action to proceed. The court expressly sided with the view that § 227(c) includes text messages, aligning with long‑standing FCC and regulatory interpretations that protect consumers from unsolicited texts.
     
  • That decision came on the same day as a conflicting ruling in Jones v. Blackstone (C.D. Ill.), which narrowly interpreted TCPA’s DNC provisions as excluding text messages. But the Oregon court rejected that textualist approach, stating that FCC guidance remains entirely consistent with Congress’s consumer‑protection goals under the TCPA.

Why This Matters to Consumers

What the Court Held — For Consumers

📊 Quick Snapshot of the Issues and Oregon Court Holding

 

  • 📌 Preserves stronger protections: In jurisdictions like Oregon, consumers who register on the National Do‑Not‑Call list remain protected against unwanted text communications, not just phone calls.
     
  • 🛡️ Protects against mistaken or misdirected texts: Even if the text was intended for someone else (the complaint noted the messages addressed “Brian”), the court treated the unsolicited text as actionable.
     
  • ⚖️ Encourages enforcement: Plaintiffs can now push back via the TCPA even at the motion‑to‑dismiss stage, rather than waiting to litigate later.
     
  • 🌍 Highlights jurisdictional split: The decision underscores the importance of choosing a consumer‑friendly venue for TCPA claims involving texts.

📊 Quick Snapshot of the Issues and Oregon Court Holding

📊 Quick Snapshot of the Issues and Oregon Court Holding

📊 Quick Snapshot of the Issues and Oregon Court Holding

Are text messages “telephone solicitations”?

Yes, under § 227(c), actionable if sent to DNC‑registered numbers.


Interpretation doctrine used

Courts defer to FCC guidance; avoid narrow textualism excluding texts.


Opposing view (Illinois Blackstone)

Held no, TCPA DNC does not apply to texts.


Outcome for consumer

Case survives motion to dismiss; statutory damages may proceed. 

Bottom Line

📊 Quick Snapshot of the Issues and Oregon Court Holding

Bottom Line

 ✔️ In Wilson v. Skopos Financial, the Oregon federal court upheld consumer protections under the TCPA, clarifying that unsolicited texts to do‑not‑call registrants may be actionable. This outcome strengthens consumer rights and preserves accountability for companies using automated or templated texting in connection with lending services—even when texts are mistaken or misdirected.


For consumers: this is a win. The decision affirms that the TCPA’s shield extends to text messages, reinforcing legal avenues to pursue damages for unwanted communications.


Copyright © 2025 The Consumer Bar - All Rights Reserved.

Powered by

  • Privacy Policy
  • Disclaimer

This website uses cookies.

We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.

DeclineAccept