| Volume 61 Number 1 |
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The People’s Lawyer’s Tip of the Day
In Texas, there is no wage garnishment except for child support, student and other federally secured loans, and certain taxes. A debt collector's threat to garnish your wages when he cannot do so, for example for a credit card debt, violates Texas and federal debt collection laws. Click here for more.
Legislative Update: Credit Card Swipe Fees
For months, the Federal Reserve has been developing a plan to cap "interchange" fees at twelve cents per transaction. On average, retailers pay forty-four cents to the bank every time a customer swipes their card. After word spread of the Federal Reserve's plan to cap "interchange" fees, many banks and credit card companies started cutting back on customer rewards programs and hiking ATM fees to make up for lost revenue. As a result, a legislative effort to delay the new fee cap is picking up steam and big banks are teaming up to fight the measure. Are small businesses out of luck? Will consumer reward programs ever return? Click here for more.
J&J Recalls 34,000 Bottles of Tylenol
Johnson & Johnson has issued a recall for 34,056 bottles of Tylenol 8-Hour Extended Release. As with previous Tylenol recalls, customers have complained of a "moldy" smell after opening the product. This year, Johnson & Johnson has been plagued by product quality issues, and many of its Tylenol, Benadryl, Sudafed, Sinutab, and Rolaids products already under recall. Is your Johnson & Johnson product subject to recall? Click here for more.
FDA Considers Ban on Food Dyes
The Food and Drug Administration is considering a ban on certain food dyes after scientists and academics linked the dyes childhood hyperactivity. Thus far, the FDA maintains there no proven relationship between food dyes and hyperactivity in most children. The question before the agency is whether stricter standards are needed if only a very small percentage of children may be affected, if such a link even exists. Are foods actually safer without dyes? Click here for more.
Your Money
Planning to buy a home? How much should you put down? Click here for more.
For the Lawyers
Company cannot force customer to arbitrate. A U.S. District Court in Pennsylvania held that a tax services company could not enforce an arbitration clause in its customer agreement when it was sued for alleged violations of the Truth in Lending Act, the Fair Debt Collection Practices Act, and various state laws. The court found the arbitration provision unconscionable because it required Mr. Antkowiak to pay all costs, the requirement to arbitrate claims is unilateral, the provision contains a waiver of the right to pursue a class action, and Mr. Antkowiak would be required to arbitrate the claims in Houston, Texas. Click here for more.