| Volume 78 Number 1 |
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The People’s Lawyer’s Tip of the Day
The “statute of limitations” for a debt generally is four years after default. If you are sued after that, you can ask the court to dismiss the case. Click here for more.
Beware: Post-Disaster Scams
Last week, Hurricane Isaac was wreaking havoc on the Gulf coast. With many people facing significant property damage, they will now be searching for ways to repair, rebuild, and restart. Sadly, fraudsters and scam artists will use the opportunity to take advantage of the unfortunate situation. If you live in an affected area, be very wary of contractors contacting you directly, offering to fix your property. Always ask for copies of liability insurance, carefully check identification, avoid paying in advance, and investigate the company or person before you commit to the services.
If you live outside the affected area and want to help, stick with reputable charities. Never give out personal information, avoid donating with cash, and check out the charity before you open your wallet. If you are unsure, check out the charity on your own by visiting http://www.give.org.
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Texas AG Settles E-Book Price Fixing Case
The Texas Attorney General, along with representatives from 53 other states and territories, has come to an agreement with three U.S. e-book publishers over claims of price-fixing and collusion. According to the AG's office, Hachette, HarperCollins, and Simon & Schuster agreed to "eliminate E-book retail price competition between E-book outlets, such that retail prices to consumers would be the same regardless of the outlet patronized by the consumer." The $60 million settlement will be used to compensate consumers and pay for the expense of litigation. Texas consumers are expected to receive $5.5 million of the settlement.
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Your Money
How long will you current life insurance proceeds last? Click here for more.
For the Lawyers
Law Firm did not violate Fair Debt Collection Practices Act. The Eight Circuit held that a law firm didn't violate federal debt collection law by submitting a client affidavit and legal memorandum arguing that the plaintiff was liable for her former husband's unpaid credit card balance. According to the plaintiff, the firm violated §1692e of the Act by making false statements and misrepresentations in its filings in the state court collection action. The court noted, "It was not false or misleading to submit a client affidavit and legal memorandum arguing [the firm's] legal position that [the plaintiff] was liable for the unpaid account balance, even if [her ex-husband] was the only one who used the credit card and made partial payments on the account, when Discover's records reflected that [he] submitted the initial application, added [the plaintiff] to the account by phone, neither spouse questioned statements identifying it as a joint account, partial payments were made by checks from a joint account, and a [divorce agreement] signed by [the plaintiff] listed it as a joint obligation for the couple's living expenses." Click here for more.