| Volume 86 Number 4 |
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The People’s Lawyer’s Tip of the Day
Always use a credit card when shopping online or by mail. Federal law allows you to refuse to pay the credit card bill if the goods are never delivered.
For more general information about the law, visit my website.
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Senate Passes Marketplace Fairness Act
Currently, Internet businesses without a physical location in a state aren't required to collect sales tax for that state.
By a vote of
69-27, the United States Senate voted in favor of a law that would give each state the authority to compel businesses to collect state sales tax. Critics of the Marketplace Fairness Act insist it will burden smaller businesses incapable of collecting and reporting taxes.
What are the implications of the Marketplace Fairness Act?
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Scientists Using New Quantum Internet
Did you know that scientists have been using a secret Internet for over two years?
According to reports, California-based Los Alamos National Labs has been using a "network that employs the laws of quantum mechanics" in order to maintain a perfectly secure connection.
Will the "secret" Internet ever be made available to the public? What are the limitations?
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BMW Recalls 220,000 Vehicles
Do you own a 2002 or 2003 BMW? If so, there might be a problem with your airbag.
The latest recalls affects an estimated 220,000 vehicles.
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Your Money
Will you be able to pay back your student loans?
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For the Lawyers
Arbitration clause in debt adjuster’s agreement is unenforceable. The Washington Supreme Court held that a debt adjuster could not enforce a binding arbitration clause in its service contract when sued by a customer for violating state consumer protection law. The court concluded that the clause was unconscionable based on a “loser pays” provision, a 30-day time limit for requesting arbitration, and a provision designating Orange County, Calif. as the sole venue for arbitration. The court also found that its decision was consistent with the decision in AT&T Mobility v. Concepcion, 131 S. Ct. 1740) and not preempted by the FAA. In discussing why there was no preemption, the court explained that the defendant’s arbitration clause “contained numerous unconscionable provisions based on the specific facts at issue in the current case. Concepcion provides no basis for preempting our relevant case law nor does it require the enforcement of [the defendant’s] arbitration clause.”
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