| Volume 84 Number 8 |
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The People’s Lawyer’s Tip of the Day
Don't ever click on a link in an email message from a financial institution. There are so many scams involving fake emails from banks, credit unions, credit card companies, and other types of lenders that my advice is to assume everything you receive is fake. If you think it might be genuine, call the institution to verify it.
For more general information about the law, check out my website.
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Check the Screen for ATM Fees
Until now, federal law required banks to post fee alert stickers on ATM machines. Congress recently amended existing disclosure laws to eliminate the sticker requirement. As a result, it may no longer be readily apparent that the ATM you plan to use will charge for out-of-network usage.
Despite the recent changes, ATM laws still require a disclosure the ATM to disclosure any additional fees prior to transaction completion.
To read about the change,
Click here for more.
Walmart Allegedly Selling Fake iPads
Are you in the market for an iPad? Before you drop hundreds of dollars on the trendy tablet, open the box to make sure you're buying the real thing!
Although most would expect major retailers like Walmart to carry legitimate merchandise, apparently that's not always the case. After one consumer spent $500 on an iPad at a Massachusetts Walmart, she got home to find a plastic fake inside the box. Other consumers around the nation are reporting the same problem.
If you purchased a fake iPad at Walmart (or other major retailer), the solution may not be as simple as returning the product to the store. Why? Because the store can't be certain that the iPad wasn't replaced with a fake after the box left the store.
Before you buy an iPad at any major retailer, ask to open the box before you buy. It could save you hundreds of dollars.
Click here for more.
Apple Password-Reset Security Hole
It has been a rough couple weeks at Apple. Just last week, Apple was forced to release a security update to resolve an iPhone lock-screen work-around.
The problems didn't end there. Over the weekend, The Verge broke news of a security flaw that allowed Apple passwords to be reset with just an email address and birthday.
After the news broke, Apple pulled the site.
Could someone have hacked your account?
Click here for more.
Your Money
Find out how much you will pay for your mortgage with this amortization schedule calculator.
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For the Lawyers
Defendant in FDCPA case does not have to show bad faith to recover attorney’s fees. The United States Supreme Court held that successful defendants in civil unfair debt collection claims can be awarded attorney fees and costs without a showing that the plaintiff brought the claim in bad faith. The case involved a debtor who sued to recover from a debt collector that sent a fax to her workplace. The action, she argued, violated the law’s provision barring debt collectors from contacting debtors’ employers.
After the debt collector was found not to have violated the Act, it sought and was awarded $4,500 in costs pursuant to Federal Rule of Civil Procedure 54(d)(1), which provides that “[u]nless a federal statute, these rules, or a court order provides otherwise, costs — other than attorney’s fees — should be allowed to the prevailing party.”
The debtor appealed, arguing that under the FDCPA, costs can only be awarded “[o]n a finding by the court that an action [was] brought in bad faith and for the purpose of harassment.”
But in a an opinion authored by Justice Clarence Thomas, the Supreme Court disagreed, holding that the language of the FDCPA does not conflict with, and therefore does not displace, a district court’s discretion to award costs under Rule 54(d)(1).
Click here for more.