The People's Lawyer Consumer News Alert
Center for Consumer Law
  Volume 82 Number 9

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The People’s Lawyer’s Tip of the Day

You 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.



For more general information about the law, check out my website. Click here for more.


Watch Out for Credit Card Checkout Fees

It 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.



What does the swipe fee deal mean for you?

 Click here for more.


Health Insurance Exchanges Open Soon

Starting 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.



Although open enrollment will begin this October, Americans will have until the end of the year to secure health insurance. Any Americans who aren't covered on January 1, 2014 will be in violation of the law.



What do you need to know about health insurance exchanges? Check out this Q&A!


 Click here for more.


Contract v. No Contract iPhone Costs

Are 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?



Although Sprint, AT&T, and Verizon will subsidize the cost of the iPhone upfront, you'll be required to pay for a plan that is much more expensive in the long run. Find out how a no-contract iPhone could be a much better deal for you!

 Click here for more.


Your Money

Should you borrow from your 401(k)? Click here for more.


For the Lawyers

State 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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