| Volume 70 Number 1 |
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The People’s Lawyer’s Tip of the Day
Texas has a lemon law. It applies to new cars, and gives you substantial legal rights against the manufacturer. A car is a lemon if it has been in the shop four or more times for the same problems, or two or more times if the problem is a safety defect. Click here for more.
Bank Accounts: Expect More Fees
If big banks hadn't already aggravated you enough last year, expect some more big changes this year. In the next few months, industry experts and analysts expect more fee hikes and tougher account requirements to make up for revenue lost to inefficiencies, new regulations, and a bad economy. Does it make sense to switch banks? Take a look at what you should expect! Click here for more.
Honda Sued in Small Claims Over Mileage
A California woman, Heather Peters, is taking Honda to small claims court after Honda did not deliver the high mileage vehicle it promised. Specifically, Honda represented that the vehicle would get 50 miles per gallon. According to Peters, her vehicle never got mileage even close to to 50 miles per gallon. Peters opted out of a series of class-action lawsuits in order to preserve her right to sue. Under the class, she would have received no more than $200 in cash, or a $500 to $1000 off the purchase of a new Honda. By opting out and taking a case to small claims court, Honda could owe her up to $10,000. Why don't more consumers opt out? Click here for more.
Consumer Protection: A Look Back at 2011
2011 was a big year for consumer protection. The arrival of the Consumer Financial Protection Bureau, regulators cracking down on a controversial merger, and some banks retreating from new fees. Take a look back at consumer protection in 2011! Click here for more.
Your Money
Calculate your student budget and more! Click here for more.
For the Lawyers
Non-debtor may be consumer under Fair Debt Collection Practices Act. The Eight Circuit held that a non-debtor mistakenly targeted by a debt collector has standing to sue under the FDCPA. The court noted that the question hinged on the phrase “allegedly obligated.” The court stated: “We find that PRA [the Debt Collector] alleged that Dunham owed a payment obligation. PRA concedes, as it must, that it contacted Dunham with letters demanding that a ‘James Dunham’ pay the payment obligation. If Dunham paid the payment obligation, PRA would have likely found that ‘James Dunham’ satisfied his payment obligation. Therefore, PRA alleged, albeit mistakenly, that Dunham owed the payment obligation. Simply put, a mistaken allegation is an allegation nonetheless. Thus, we read § 1692a(3) to include individuals who are mistakenly dunned by debt collectors.” Click here for more.