| Volume 83 Number 3 |
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The People’s Lawyer’s Tip of the Day
Texas has a lemon law. It applies to new cars, and gives you substantial legal rights against the manufacturer. A car is a lemon if it has been in the shop four or more times for the same problems, or two or more times if the problem is a safety defect.
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FTC Calls for Better Privacy Policies
The mobile marketplace has been growing at a rapid rate. Mobile operating system providers, app developers, and advertising networks are all learning on-the-go in the in the burgeoning market. In the last quarter of 2012 alone, 217 million consumers purchased smartphones. With the increasing demand for mobile products and apps, and the sheer amount of people using mobile products, privacy concerns have taken center stage.
According to the
Federal Trade Commission, the individual nature of mobile products fosters unique privacy concerns. Are consumers in control of of their personal information on mobile devices? Is the data secure?
How can the big players in the mobile marketplace protect consumer data? Check out the FTC's recommendations!
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Four Retailers Likely to Close Stores
For the past few years, America's leading brick-and-mortar stores have struggled to maintain business against popular online retailers like Amazon.com. Although some stores have struggled more than others, virtually all major stores have needed to find unique ways to keep consumers who were more inclined to transition to online shopping.
Following a weak holiday season, four major retailers are likely to start closing stores in the coming months. Best Buy, Barnes & Noble, Sears, and J.C. Penney are each projected to close hundreds of stores this year.
Could your favorite store go out of business?
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Toyota Can't Compel Arbitration
Last week, the Ninth Circuit Court of Appeals ruled that Toyota can't compel Prius owners to arbitrate faulty brake claims. According to consumer advocate Brian Wolfman, the court "rejected Toyota's argument that it should be able to invoke the arbitration clause because the plaintiffs' claims concerning the faulty brakes are 'intertwined with' the subject matter of the plaintiffs' purchase agreements with the dealers."
What does the ruling mean for Toyota? What does the ruling mean for Prius owners?
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Your Money
What is the return on your stock if you sell it now? Click here for more.
For the Lawyers
Fees charged for tax refund checks violated Truth in Lending Act. A California Court of Appeal held that a “handling fee” charged by a bank in connection with tax refund checks constituted an undisclosed finance charge that violated the federal Truth In Lending Act. The defendant provides certain tax preparation services, including arranging refund anticipation loans and electronic refund checks through certain banks. The state of California sued alleging violations of various federal and state consumer protection laws. In particular, the state argued that certain “handling fees” that affiliated banks charged for electronic refund checks constituted undisclosed finance charges under TILA. The court agreed, finding that “In the present case, the handling fee was a condition to customers receiving [the defendant’s] tax services on credit. [The defendant] does not establish why the fee’s application to administrative aspects related to the extension of this credit matters, and we are not aware of any reason why it should.” Click here for more.