| Volume 76 Number 1 |
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The People’s Lawyer’s Tip of the Day
Don't assume you're anonymous. Web sites can track your browsing activities. Read the companies e-business's privacy policy before you type in any personal information. Look for opportunities to "opt-out" of letting the company send you marketing communications or share your personal information with others. Click here for more.
Listeria Fears Trigger Salad Recall
Do you buy bagged salad when you go grocery shopping? If so, you my want to avoid some Dole products. After investigators found listeria monocytogenes during a random FDA check, Dole has issued a recall for 2,598 cases of bagged salad. Listeria monocytogenes can cause serious human illness. Symptoms include fever, muscle aches, stomach pain, nausea, and diarrhea. Is your salad subject to recall? Click here for more.
SCOTUS: Stolen Valor Act Unconstitutional
The Stolen Valor Act of 2006 made it illegal to wear or claim military honors that were not earned. In a 6-3 decision, the Supreme Court of the United States ruled the Act unconstitutional. Legislators felt the law was necessary to protect the public against unsavory characters who may lie about their "military background" for personal gain. Regardless of the intent, the judges ruled that the Stolen Valor Act violated the First Amendment's free speech clause. In the majority opinion, the judges criticized the law as overly broad, while not sufficiently addressing those who would benefit from the lies. Click here for more.
Storm Knocks Out Online Services
Netflix, Instagram, and Pinterest all went down at the same time this weekend. Massive storms along the east coast caused server outages that lasted well into the weekend. The simultaneous outages had many consumers wondering - was it just coincidence? It was not. Netflix, Instagram, and Pinterest all use Amazon Inc.'s web services division for web services and data storage. As a result, when Amazon's facilities experience problems, so will the websites it hosts. Click here for more.
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For the Lawyers
Purchaser of mortgage may be a debt collector under the Fair Debt Collection Practices Act. The Sixth Circuit held that a mortgage purchaser may be a "debt collector" liable for violations of the federal Fair Debt Collection Practices Act. The court also noted that although the debt was not actually in default, the FDCPA still applies. “A FDCPA defendant cannot escape coverage under the Act by asserting to the court that the debt was not actually in default, despite having dunned plaintiffs for months or years in the face of plaintiffs’ pleas or proof that the collector has made some error.” Click here for more.