The People's Lawyer Consumer News Alert
Center for Consumer Law
  Volume 64 Number 5

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The People’s Lawyer’s Tip of the Day

In the unfortunate event you are involved in, or witness an accident, be prepared! To read ten critical things to do in the event of an accident, Click here for more.


Texas AG Charges Encore Capital Group With Debt Collection Violations

Last week, Texas Attorney General Greg Abbott filed a lawsuit against Encore Capital Group, citing numerous violations of Texas debt collection laws and the Texas Finance Code. According to the complaint, Encore Capital Group is charged with falsifying affidavits, attempting to collect debts with inaccurate or incomplete information, and employing unlawful debt collection tactics. The Attorney General is seeking $20,000 per violation of the Texas Deceptive Trade Practices Act, additional penalties under the Finance Code, and a restitution fund. For all the information on the State of Texas v. Encore Capital Group, Midland Funding, and Midland Capital Group, Click here for more.


Netflix Implements 60% Price Increase

Earlier this year, Netflix surpassed Comcast in terms of total number of subscribers. The popularity of the on-demand streaming video and DVD-by-mail company has risen dramatically over the past year. Despite the increase in popularity and demand for Netflix, the company's pricing structure had remained relatively stable. This week, that all changed. Netflix will no longer offer a $9.99 monthly plan that allows both unlimited movie streams and DVD rentals. Instead, the company has split the two services into individual plans, including $7.99 for instant streaming and $7.99 to receive discs in the mail. Accordingly, members who want the same services received under the $9.99 plan will now have to pay $15.98 per month. The changes take effect immediately for new subscribers and September for existing subscribers. Will you keep Netflix despite the changes? Click here for more.


Generic Substitution v. Dispense As Written

As you're probably aware, when your doctor writes a prescription and you have the choice between a generic drug and a brand name drug, you can save a small fortune by going with the generic. Generic drugs are generally chemically identical to the brand name alternatives at a fraction of the cost. In most states, when a doctor writes a prescription for a brand name drug, pharmacies are free to substitute the generic version of the drug if it is available. There is, however, one big exception to the "generic substitution" laws. When a doctor writes "dispense as written" or "DAW" on the prescription pad, the pharmacist must generally fill your prescription with the brand name drug. Only about 5% of prescriptions are written DAW, but those consumers are paying significantly higher prices. Why? To see a comparison of brand name and generic costs, Click here for more.


Your Money

Convert your annual salary to the equivalent hourly rate. Click here for more.


For the Lawyers

Ignoring law can result in willful violation of Fair Credit Reporting Act. The District Court for the Northern District of California held that a credit bureau and towing company engaged in a willful violation of the FCRA by pulling a credit report after the Ninth Circuit held that furnishing a credit report for a towing-related debt was impermissible under the law. Click here for more.

 

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