| Volume 86 Number 9 |
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The People’s Lawyer’s Tip of the Day
The Texas Deceptive Trade Practices Act requires full disclosure by sellers. If a seller intentionally withholds material information, he could be responsible for three times the consumer's damages, plus court costs and attorney's fees.
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How to Help Oklahoma Tornado Victims
This week, a series of devastating Tornados ripped through Oklahoma, leaving hundreds injured and many dead. The worst of the Tornados hit Moore, Oklahoma, with 210 mph winds leveling the city, leaving little indication of civilization behind.
Sadly, during times of great tragedy, scammers hit the Internet to take advantage of good people. In fact, the Iowa Attorney General has warned citizens to beware of fraudulent activity. Make sure you don't get scammed!
If you want to help those affected by the horrific Oklahoma tornados, make sure you give your time, money, and attention to the right organizations and people. Avoid "retweeting" on Twitter and "Likes" on Facebook for those who are looking to self promote on the back of a tragic event.
You can make a difference! There are many reputable charities out there. In addition to large national organizations, there are many great local charities intertwined with the local community and ready to help!
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Microsoft Unveils Xbox One Game Console
On Tuesday, Microsoft made a major announcement!
In a long-anticipated event, Microsoft introduced the world to the Xbox One game console. Although a "game console," the Xbox One is actually an all-in-one entertainment system.
Not to be outdone, Sony tried to steal the spotlight from Microsoft, teasing the introduction of the forthcoming
PS4 system.
Why are consumers so excited about the Xbox One and PS4 systems?
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Your Money
Check out the best way to save on health care costs!
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For the Lawyers
Consumer’s claim against towing company not preempted by federal law.
The Supreme Court held that the Federal Aviation Administration Authorization Act of 1994, which regulates motor carriers, does not preempt a claim arising out of the storage and disposal of a car.
The Court noted:
Disposal of abandoned vehicles by a “storage company” is regulated by chapter 262 of the New Hampshire Revised Statutes Annotated. See N. H. Rev. Stat. Ann. §§262:31 to 262:40–c (West 2004 and 2012 West Cum. Supp.). Dan’s City relied on those laws to dispose of Pelkey’s vehicle for nonpayment of towing and storage fees. According to Pelkey, however, Dan’s City failed to comply with New Hampshire’s provisions governing the sale of stored vehicles and the application of sale proceeds…. We hold, in accord with the New Hampshire Supreme Court, that state-law claims stemming from the storage and disposal of a car, once towing has ended, are not sufficiently connected to a motor carrier’s service with respect to the transportation of property to warrant pre-emption under §14501(c)(1). The New Hampshire law in point regulates no towing services, no carriage of property. Instead, it trains on custodians of stored vehicles seeking to sell them. Congress did not displace the State’s regulation of that activity by any federal prescription.
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