| Volume 75 Number 8 |
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The People’s Lawyer’s Tip of the Day
Don't ever click on a link in an email message from a financial institution. There are so many scams involving fake emails from banks, credit unions, credit card companies, and other types of lenders that my advice is to assume everything you receive is fake. If you think it might be genuine, call the institution to verify it. Click here for more.
Supreme Court Rules on Indecency Rules
Who do you have to thank for the latest case from the Supreme Court of the United States? Cher and Nicole Richie! The celebrities used profanities during network television appearances in 2002 and 2003 respectively, prompting the Federal Communications Commission (FCC) to rule that the network (FOX) had violated indecency regulations. Despite the ruling, the FCC did not levy any fines against the network directly. ABC wasn't so lucky. In 2003, the network aired a segment on the show NYPD Blue that the FCC determined to be too scandalous. As a result, the FCC fined ABC and its affiliates $1.2 million. Both ABC and FOX took the FCC to court, arguing that they did not receive advance notice of standards before they were punished. A unanimous court accepted the argument and ruled in favor of the networks. According to Justice Kennedy, “the Commission failed to give Fox or ABC fair notice prior to the broadcasts in question that fleeting expletives and momentary nudity could be found actionably indecent." Click here for more.
Affordable Care Act: Consumers Set to Receive $1B in Health Care Rebates
This year, 12.8 million Americans will receive a total of $1 billion in rebates from health insurance companies. The rebates, averaging $151 per family, come from a provision of the Affordable Care Act that imposes a penalty on insurance companies that spend too much of the policyholders' premiums on profits instead of medical care. It is unclear whether the insurance companies will actually have to send out rebate checks. If the Supreme Court strikes down the entire act, consumers are unlikely to see a dime. Click here for more.
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For the Lawyers
Law firm’s validation notice does not violate Fair Debt Collection Practices Act. The Ninth Circuit held that a validation notice sent by a law firm that implied notice had to be in writing did not violate the FDCPA. The court concluded that a validation notice violates §1692g(a)(3) only by expressly requiring a consumer to dispute a debt in writing. “We hold that [the firm’s] notice does not violate §1692g(a)(3) of the FDCPA by impermissibly requiring [the plaintiff] to dispute her debt in writing. The notice does not expressly state such a requirement. Assuming without deciding that the notice could be understood to imply a writing requirement, that implication is part of the statute itself. Such an implicit requirement does not violate §1692g(a)(3).” Click here for more.