| Volume 76 Number 5 |
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The People’s Lawyer’s Tip of the Day
Many debt collectors are now buying very old debts. If the debt collector threatens to sue you for a debt that is more than four years past due, he violates the Fair Debt Collection Practices Act. Click here for more.
Settlement: Wells Fargo to Pay $175 million
The Department of Justice issued proceedings against Wells Fargo, alleging that the bank discriminated against minority borrowers by pushing African-American and Latino applicants into more expensive loans than white borrowers. On Thursday, the Department of Justice announced a $175 million settlement with Wells Fargo, with $125 million going to victims compensation and another $50 million directed to down-payment assistance for borrowers in affected communities. Wells Fargo denies the allegations, but agreed to the settlement "solely for the purpose of avoiding contested litigation." Click here for more.
CDC Warns Against Improper Vial Use
According to the Center for Disease Control, clinic staffers have been infecting patients by re-using "single use" drug vials. The problem is partially a result of drug shortages, with clinic staffers diluting single-dose packages and using them in several patients. In recent months, ten patients in Arizona and Delaware were hospitalized with serious infections after they were injected with medication from a single-use vial that was used multiple times. To read about the problem, Click here for more.
Your Money
Should you buy or rent your next home? Click here for more.
For the Lawyers
Arbitration agreement between attorney and client is unenforceable. The Supreme Court of Louisiana reviewed whether an attorney could compel arbitration when sued for malpractice. The Louisiana court agreed with the ABA’s position that a binding arbitration clause between an attorney and client is not per se unenforceable. However, it went on to find this particular clause unenforceable based on the lawyer’s failure to adequately disclose to the client at least the following seven aspects of the arbitration agreement: it waived their right to a jury trial, waived their right to appeal, waived their broad discovery rights, subjected them to higher upfront costs, it covered particular types of claims, it did not prevent the client from making a ”disciplinary complaint”, and the client had the right to seek independent counsel before signing the agreement. Click here for more.