| Volume 70 Number 6 |
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The People’s Lawyer’s Tip of the Day
Recently, there has been a lot of talk about Social Security. Do you want to learn more about the program? Try the official web site of the Social Security Administration. It contains useful information and a guide to understanding Social Security. Click here for more.
Drug Firms Must Report Money Paid to Docs
According to new standards set by federal government, drug and medical device companies must now disclose payments they make to doctors. With the implementation of the new rules, authorities hope address concerns over drug companies influencing medical decisions by doctors. Researchers have found that the payments can encourage doctors to use more expensive medications and medical treatments, although they may not be necessary. If a medical payment is not reported, drug companies will face a penalty of $10,000. If they knowingly fail to report a payment, drug companies will face a penalty of up to $100,000 per violation. With the new rules, will you notice a difference next time you're at the doctor's office? Click here for more.
AT&T Increases Data Rates
AT&T modified prices for its smartphone and tablet data plans on Wednesday, instituting a $5 increase set to go into effect on Sunday. Consumers will have the choice of three new monthly data plans, including $20 for 300MB, $30 for 3GB, and $50 for 5GB. According to AT&T, current subscribers can keep their existing data plans. However, once a subscribers switch plans, they will not be able to go back. Click here for more.
Pass the Arbitration Fairness Act Now
On Wednesday, we posted a story about the Supreme Court ruling that an arbitration provision in a credit card agreement trumps federal law. Like many, David Lazarus of the Los Angeles Times took issue with the ruling and has called for the immediate passage of the The Arbitration Fairness Act (S. 987). It it no secret that arbitrator rulings skew heavily in favor of businesses. After all, businesses that include arbitration provisions are the ones providing work for the arbitrators. Michael Calhoun of the Center for Responsible Lending says that arbitration acts as a "get out of jail free" card for businesses who wrong consumers. Why? Because an arbitration clause will eliminate your right to a trial by jury. Find out what can be done to stop it! Click here for more.
Your Money
Should you pay off your debt, or invest your money? Click here for more.
For the Lawyers
Offer of settlement didn't moot Fair Debt Collection Practices suit.
The Fourth Circuit held that a law firm's offer of settlement was insufficient to moot a lawsuit over its allegedly unfair debt collection practices. Prior to any discovery, the law firm made the plaintiff a Rule 68 offer of judgment. Under the terms of the proposed settlement, the firm agreed to pay $1,001 for statutory damages and the plaintiff's costs and attorney fees. Regarding the plaintiff's actual damages – which she failed to specify in her complaint – the firm offered to pay a minimum of $250 or, in the alternative, allow her to present evidence for the district court to determine an amount. The court decided that the firm's conditional offer to pay actual damages failed to satisfy the standard that an offer be "unequivocal," because it prevented the plaintiff from having a jury determine actual damages.
Click here for more.