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The People’s Lawyer’s Tip of the DayYou should review your bank statements for errors as soon as you receive it. Promptly report any problems, such as forged checks or calculation errors, to your bank. A short delay may cost you your legal rights. Watch Out for Credit Card Checkout FeesIt may now cost you more to pay with a credit card. As part of $7.25 billion settlement between credit card issuers and merchants, merchants can now add on a surcharge if a customer uses a credit card. Customers in ten states will remain exempt from the additional surcharges, including those in New York, California, and Texas. Health Insurance Exchanges Open SoonStarting this fall, the way you buy health insurance will change. On October 1, 2013, the health insurance exchanges created by the Affordable Care Act will open for business. The exchanges will offer a choice of private insurance options for consumers. The federal government will provide assistance for middle and low income families. Contract v. No Contract iPhone CostsAre you thinking about getting an iPhone? Most consumers go with one of the "big 3" carriers (Sprint, AT&T, and Verizon) when they purchase the popular smartphone. But is that really the best way to go? Your MoneyShould you borrow from your 401(k)? Click here for more. For the LawyersState prohibition against class action waiver is preempted by Federal Arbitration Act. A California Court of Appeals held that a “poison pill” in an automobile purchase contract did not render an arbitration clause in the agreement unenforceable. When plaintiff sued, the dealership moved to compel arbitration pursuant to a clause in its standard sales contract that included a class action waiver. The arbitration clause included a “poison pill” provision that purported to render the entire clause unenforceable in the event that the class action waiver was deemed unenforceable. The plaintiff contended that, because a state consumer protection law expressly barred class action waivers, the poison pill clause was triggered to preclude arbitration. The court disagreed and found the state law prohibition preempted by the FAA. Click here for more. |
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