| Volume 41 Number 9 |
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The People’s Lawyer’s Tip of the Day
The Texas Deceptive Trade Practices Act requires full disclosure by sellers. If a seller intentionally withholds material information, he could be responsible for three times the consumer's damages, plus court costs and attorney's fees. Click here for more.
Do Not Click - Evaluating Pop-Up Ads
Pop-up ads can be very annoying. They can also be especially dangerous. A group of pop-up ads, referred to as "malvertisements," tell you that your computer has been infected with a virus. The pop-up invites you to click the link to "resolve the problem." These ads are becoming commonplace among even the most popular internet sites. Do not trust these ads. Find out why. Click here for more.
Dish Network Settles With FTC
Dish Network has settled with the FTC after the company violated the FTC’s Telemarketing Sales Rule by calling consumers whose numbers are on the Do Not Call Registry. As part of the settlement, Dish Network is prohibited from calling any number on the Do Not Call registry. Furthermore, Dish Network will be monitored by a compliance group to ensure they follow the law. What does this settlement mean for consumers? Click here for more.
US Automaker Receives $500 Million Gov't Loan
A US automaker headquartered in California has received over $500 million to develop an electric, "plug-in" luxury sports vehicle. The luxury vehicle will cost $90,000. The loan comes from a fund of over $25 billion directed toward the development of energy efficient vehicles. Are you interested in a "plug-in" luxury sports car? Click here for more.
Your Money
Are you better off retiring? Click here for more.
For the Lawyers
A disclaimer regarding merchantability, in capital letters equal in size to the surrounding text, and in contrasting bold type, is conspicuous and is an effective disclaimer of the implied warranties of merchantability and fitness. A Texas court of appeals held that UCC warranties were properly disclaimed. It also held that the Texas DTPA does not apply to a subrogee who cannot qualify as a consumer in its own right. Click here for more.