| Volume 84 Number 3 |
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The People’s Lawyer’s Tip of the Day
Take advantage of the law and get a free copy of your credit report. There are three credit bureaus. Get a free report from one of them every four months. This way you can keep current.
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FCC: Allow Consumers to Unlock Phones
Count the Federal Communications Commission among those that think consumers should be able to unlock their cellphones. On Monday, the FCC and the Obama Administration made it known that they believe consumers should be able to switch cell phone providers without changing phones.
Last year, the Copyright Office of the Library of Congress made it illegal for consumers to unlock their cell phones. As a result, it will require action by Congress to overturn the ruling. Since the Library of Congress is part of the legislative branch, the Office of the President can't overturn the ruling with an executive order.
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CDC: Superbug Infections on the Rise
There's a new, deadly, difficult-to-treat superbug on the rise in hospitals throughout the United States. According to the Center for Disease Control, four percent of hospitals and eighteen percent of long-term care facilities have reported at least once instance of Carbapenem-resistant enterobacteriaceae (CRE). CRE bacteria, which usual presents through blood or urinary infection, is resistant to most last-resort antibiotics.
How can hospitals stop the threat before it gets worse?
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Government Sends Out Furlough Notices
If you work for the federal government, its time to prepare for a significant cut in your pay. From February 28 to March 1, the Army sent furlough notices to unions to inform them that employees will be required to take off 22 days without pay between April 22 and September 21. The unpaid time away amounts to a 20% salary cut over five months. Employees can't use vacation or sick leave to get paid during their furlough time.
To read about the forthcoming government furloughs,
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Your Money
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For the Lawyers
Truth in Lending Act plaintiff does not have to sue to protect rescission right. The Third Circuit held that home borrowers were not required to formally file suit before the Truth in Lending Act’s three-year limitation period expired in order to preserve their right of rescission. Under TILA, consumers have an absolute right to rescind for three business days after closing on a home loan. The right to rescind is extended to three years if the lender fails to make requisite disclosures at the time the loan is made. Within three years of closing, the plaintiffs wrote a letter informing their lenders that they intended to rescind the loan based on their failure to receive the required TILA disclosures. When the lenders objected, the plaintiffs sued for rescission in federal court. The lenders argued that the plaintiffs had failed to preserve their rescission rights because their lawsuit was actually filed more than three years after closing. But the court concluded that the plaintiffs preserved their rescission rights when they sent the lenders the letter. Click here for more.