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The People’s Lawyer’s Tip of the DayIf you buy something and the contract has a clause that says you agree to arbitrate, you will not be allowed to sue and must file your claim with an arbitrator. Arbitration is often more expensive than a simple lawsuit, denies you the right to a jury trial [and the right to appeal], is not bound by traditional rules of procedure, and often precludes you from filing or joining a class action. To learn more about consumer arbitration, Click here for more. Robocall Complaints on the RiseIs the federal "Do Not Call" registry actually working? According to many consumers, it is not. Recently, pre-recorded robocalls, pitching everything from low interest rate credit cards to home improvement goods and services, have been on the rise. Despite many of the consumers asking for the calls to stop and registering their number with the "Do Not Call" registry, the calls continue to come in. By law, telemarketers are required to check the "Do Not Call" registry at least once every 31 days. Despite a dramatic increase in complaints, the FTC insists the "Do Not Call" registry is working. Do you agree? Adults Skipping Prescriptions Due to CostAccording to a Consumer Reports National Research Center survey of 1,158 adults, a startling 45% of consumers are skipping out prescriptions while 63% admitted to avoiding the doctor's office when they got sick in order to save money. On average, consumer spend $63 (with insurance) to $91 (without insurance) per month on prescription drugs. In total, 81% of consumers skipped out on a medical-related procedure, test, visit or prescription in order to avoid the expense. Your MoneyPlanning to attend college? Find out how much money you'll need to save! Click here for more. For the LawyersDebt collectors statement student loan is “not eligible” for discharge in bankruptcy is misleading. The Second Circuit held that it is misleading for a debt collector to tell a consumer categorically that her student loan debt is "NOT eligible" for discharge in bankruptcy. The court noted that although the debtor may face "several steep procedural and substantive hurdles" to such a discharge, she has the right to seek it and may in fact obtain it. “We think that, upon reading the Collection Letter, the least sophisticated consumer might very well refrain from seeking the advice of counsel, who could then assist her in pursuing all available means of discharging her debt through bankruptcy. The Collection Letter’s capacity to discourage debtors from fully availing themselves of their legal rights renders its misrepresentation exactly the kind of ‘abusive debt collection practice’ that the FDCPA was designed to target.” Click here for more. |
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