| Volume 57 Number 6 |
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The People’s Lawyer’s Tip of the Day
Many credit card companies that receive a complaint from a consumer reply, “Sorry, that’s between you and the merchant.” Fortunately for consumers, that is not always the law. Two federal laws give you substantial rights against credit card companies for wrongful conduct of merchants. The Fair Credit Billing Act allows you to dispute charges for goods never received or inaccurate amounts, and the Consumer Credit Protection Act lets you assert claims against a credit card company for defective goods bought in your home state of within 100 miles of your home. Next time, let the credit card company know that you know your rights. Click here for more.
Federal Judge Overturns Health Care Provision
On Monday, US District Court Judge Henry E. Hudson of Virginia overturned the "individual mandate" provision of the new health care law. The "individual mandate" provision would require all Americans to have health insurance unless they can’t afford it by 2014. Despite reports to the contrary, the legislation as a whole was not declared unconstitutional. Accordingly, Judge Hudson's ruling did not affect any other provision of the health care law, including the parts that have already started. Experts suggest the law is now crippled, as the "individual mandate" was essential for the reform to remain financially viable. Click here for more.
200,000 Passwords Exposed in Breach
Have you ever visited a Gawker Media network website? If you have a registered account with a Gawker Media network site, including Gawker, Gizmodo, and Lifehacker, your password has been compromised. Hackers recently broke in to the Gawker system and may have published your username, email, and password to the internet. It is important that you change your Gawker account password, and the password on any other accounts that use the same password as your Gawker account. Click here for more.
BP Announces "Quick Pay" Program
People and businesses affected by the BP oil spill will be able to get a payment almost immediately, as long as they give up the right to sue. The "quick pay" program allocates $5,000 for individuals and $25,000 for businesses, all without submitting any further documentation. What if you're entitled to more? What will an individual or business lose by signing away legal rights? Click here for more.
Your Money
How much is your take-home pay as a salaried employee? Click here for more.
For the Lawyers
PayPal seller is Fair Debt Collection Practices Act consumer. The 11th Circuit held that an online seller's PayPal obligation is a "debt" subject to the requirements of federal law. The court noted that requirements of the FDCPA, all of which it found satisfied. "The FDCPA [applies] only to payment obligations of a (1) consumer arising out of a (2) transaction in which the money, property, insurance, or services at issue are (3) primarily for personal, family, or household purposes." Click here for more.