The People's Lawyer Consumer News Alert
Center for Consumer Law
  Volume 72 Number 5

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The People’s Lawyer’s Tip of the Day

If you do not have a will, the law writes one for you. For example, if you are married and have children from another marriage, your children and their step-mother may share your property after your death. The best way to make sure your property goes to whom you want after your death is to have a will. A will can also avoid time and expense when it comes to probate.  Click here for more.


Student Loan Delinquency Increases

According to the Federal Reserve, one in four student loan borrowers was carrying a past-due student loan balance. There is currently $870 billion in outstanding student loan debt and unlike credit card debt, student loan debt is not dischargeable in bankruptcy. With the high rate of delinquency and the lack of options to help borrowers, some analysts are predicting serious economic repercussions for the nation. The rate of delinquency is about double what it was before the recent recession. What can be done to fix the student loan problem? Click here for more.


Beware of Mortgage Rescue Scams

The federal government recently announced two new foreclosure assistance programs. Since the announcement, the incidences of fraud associated with the programs are on the rise. If you're having trouble with your mortgage, be careful you don't get sucked in to one of the scams disguised as the new federal programs. For some tips to protect yourself, Click here for more.


Tax Scam Targets Elderly

"Free money" is never free. Scammers are targeting the low-income and elderly, who often aren't required to file taxes, offering "free money" to those who claim fraudulent tax returns. The scammers offer victims lucritive credits and refunds, while collecting steep fees for the "services." In the end, the victims have lost their money and run afoul of the government. How has the IRS been cracking down on offenders?  Click here for more.


Your Money

Calculate your monthly budget! Click here for more.


For the Lawyers

N.Y. attorney disclosure rule is unconstitutional. The Second Circuit held a New York rule requiring certain disclaimers by attorneys who advertise themselves as certified specialists is unconstitutional. The rule requires that an attorney “prominently” include a disclaimer indicating: (1) the certifying organization is not affiliated with any government agency; (2) certification is not required to practice law in the state; and (3) certification does not necessarily indicate that the attorney has greater competence than other experienced lawyers in the field. The court decided that the disclaimer regarding competency violated the First Amendment as did the disclaimer that certification is not required to practice law. Finally, the court concluded that the lack of standards for enforcement of the rule’s requirement that the disclaimer be “prominently displayed” rendered it void for vagueness as applied to the plaintiff. Click here for more.

 

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