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The People’s Lawyer’s Tip of the DayDo you know the billing date on your credit card? You should. Bills are sent out on the billing date and must be paid with in 20 to 25 days. Shopping the day after your billing date gives you an extra month before payment is due. Congress Passes Short-Term Budget BillYesterday, the United States House of Representatives and Senate agreed to a short-term budget that will fund the government through September. The passage of the bill came six days before the federal government was set to shut down. Although the bipartisan bill prevents a fiscal crisis, it sets up politicians for another round of battle later this year. US Government to Scan Web & Email TrafficAs a precaution against cyber attacks, the United States government plans to expand its current cyber-security program to include some private web and email traffic. Officials plan to focus on private sector employees at select banks, utility companies, and transportation companies. Your MoneyAre two homes better than one?
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.
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