The People's Lawyer Consumer News Alert
Center for Consumer Law
  Volume 48 Number 3

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The People’s Lawyer’s Tip of the Day

Voluntarily returning a car you can't pay for may not get you off the hook. In most cases, the car will be sold and you will owe the difference between your debt and what the car sells for. If you think the car is being accepted in exchange for release for your debt, get that agreement in writing.  Click here for more.


FTC Halts Massive Cramming Operation

An internet company has filled thousands of consumer telephone bills with unauthorized charges for services they never agreed to buy. The FTC sought and received an order to halt the illegal practices. The scam brought in an estimated $19 million over five years. Were you scammed? Click here for more.


Nissan Recalls Trucks & Minivans

Nissan has issued a recall for 540,000 vehicles to fix faulty brake pedal pins and inaccurate fuel gauges. Models covered by the brake pin recall include the 2008, 2009 and 2010 Nissan Titan, Armada, Quest and Infiniti QX56. Models covered by the fuel gauge recall include the 2005 through 2008 Nissan Titan, Armada, and Infiniti QX56 models, in addition to some Nissan Frontiers, Pathfinders and Xterras. Some models are subject to both recalls. Click here for more.


Mazda Recalls CX-9

Do you own a Mazda CX-9? If so, you've probably turned on your seat warmers sometime this Winter. This week, Mazda issued a recall for the seat warmers due to a control circuit that can overheat and fail. The failure could result in fire. Mazda will be notifying owners of affected vehicles by mail. If you think your car may be affected, but haven't received notification, be sure to check. Click here for more.


GM Recalls 1.3 Million Cars

This week, GM issued a recall for 1.3 million vehicles to fix a power steering problem. The recall includes the 2005 through 2010 Chevrolet Cobalt (US), 2007 through 2010 Pontiac G5 (US), 2005 through 2006 Pontiac Pursuit (Canada), and the 2005 through 2006 Pontiac G4 (Mexico). Is your GM subject to recall? Click here for more.


Lemon Law Judgment Contradicts Jury’s Findings

A plaintiff won a $482,000 lemon law judgement against Mercedes-Benz after a judge overturned a jury verdict for Mercedes-Benz and issued a directed verdict for the plaintiff. Damages were initially an estimated $53,000. The penalty doubled the damages and issued interest under the statute. Why did the judge overturn the jury? Click here for more.


Your Money

Cash back or low APR, what is the better auto deal?  Click here for more.


For the Lawyers

Buried arbitration clause not enforceable. A California appellate court held that an arbitration clause in an electronic employment contract was not enforceable. The court noted that, a person's signature on a contract is usually deemed as assent to its terms, even if the party does not read it, but an exception exists for documents that do not appear to be contracts when the terms are not called to the signee's attention. "In such a case, no contract is formed with respect to the undisclosed term." Click here for more.

 

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