| Volume 79 Number 4 |
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The People’s Lawyer’s Tip of the Day
The law allows you to get a free copy of your credit report from each credit bureau once a year. Be careful of offers for "free credit reports". These free offers may cost you in the long run. There is only one truly free way to check your credit report. Click here for more.
Campaign Against eBay's Arbitration Clause
If you're an avid eBay user, you have probably found some comfort knowing that if you have any problems, you have options for dealing with it. As of August, you have one less option. The company quietly changed its user policy limit lawsuits related to eBay transactions and sales. Under the new policy, eBay users waive the right to take claims to court and/or form a class. Instead, eBay now requires all litigation to go through mandatory (forced) binding arbitration. Class actions (whether through traditional courts or arbitration) are banned entirely.
Can you opt out?
Let eBay know that you want your rights back!
Click here for more.
Soda Vending Machines to Show Calories
The makers of many popular soft drinks will be updating their vending machines in order to add "clear calorie information." The move comes in response to criticism from consumers, national leaders, and legislators, who have long blamed the companies for their role in the nation’s
obesity crisis. New machines are expected to roll out in Chicago and San Antonio in the coming months. Will the new machines make a difference? Click here for more.
Your Money
What's it worth to reduce your spending? Click here for more.
For the Lawyers
Customer not bound by arbitration provision emailed after completing online sale. The Second Circuit held that an internet merchant cannot compel arbitration with a consumer when it only emailed the consumer the arbitration agreement after the consumer agreed to the purchase, without any requirement that the consumer affirmatively assent to the term. The court summarized applicable contract law by saying that where plaintiffs were not on actual notice of the arbitration provision (because it was not on the sign up page), they can only be bound by it if they were on “inquiry notice” of the term and assented through their conduct. In this case, the Second Circuit concluded “we do not think that an unsolicited email from an online consumer business puts recipients on inquiry notice of the terms enclosed in that email . . . and that a failure to act affirmatively to cancel the membership will, alone, constitute assent.” Click here for more.