| Volume 74 Number 4 |
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The People’s Lawyer’s Tip of the Day
As a general rule, a business is not liable for a slip and fall injury simply because it owns the property where the injury occurred. For the business to be responsible the injured person must show the business was "negligent" and that is why the injury happened. For example, if the business knew there was a slippery spot on the floor and did not take reasonable steps to clean it up, it would be liable to a customer who was injured as a result of its negligence.
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CFPB to Examine Arbitration Clauses
The Consumer Financial Protection Bureau (CFPB) wants your input! Mandatory binding consumer arbitration has long been a hot button topic in consumer law, and the CFPB wants to know what you think about such agreements. Arbitration clauses can be found in most consumer / business contracts, including cell phone contracts and credit card agreements. Mandatory binding consumer arbitration eliminates your right to go before a judge in court for just about any reason. Furthermore, arbitrators are not obligated to write opinions or follow strict rules of evidence or procedure. Arbitration rulings can't be appealed. In most instances, a consumer can't opt out of the arbitration agreement without forgoing the related transaction entirely. Let the Consumer Financial Protection Bureau know what you think about arbitration! Click here for more.
Avoiding Discount Cell Sites
Discount cell services might sound like a great deal, but many of them come with some pricey surprises. Companies like Simplexity offer a small discount (about $50 off the price of a phone) in exchange for a promise to pay a large fine (up to $750) if the consumer tries to cancel or change service in the first 181 days. Although the fees are disclosed, the provisions can only be seen after clicking a link (labeled "instant savings terms and terms of purchase") and scrolling through the subsequent pop-up window. Purchasing a cell phone through companies like Radio Shack or Target can make service changes even more expensive. Find out why! Click here for more.
Your Money
What will an auto lease really cost? Click here for more.
For the Lawyers
Law firm cannot sue bank to recover loss from fake check. The First Circuit held that a law firm could not sue Citibank to recover lost funds from a fraudulent check deposited into the firm's IOLTA account. Click here for more.