| Volume 87 Number 4 |
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The People’s Lawyer’s Tip of the Day
In most cases, buying an extended warranty is a bad deal. Most stores try hard to sell you an extended warranty for almost anything and it is because of their profit not your needs. Before buying an extended warranty do some research. Most products do not break down during the extended warranty period, and most repairs cost less than the warranty.
For more general information about the law, check out my website.
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Leak: NSA Expands Surveillance Authority
Maybe the guys in foil hats weren't so crazy after-all?
It turns out that the government has been collecting "meta-data" from domestic phone and international internet communications. The news broke after a whistleblower released classified documents detailing the government practices.
The PATRIOT Act, which first became law under George W. Bush, gives the government very broad powers in pursuing terror suspects. Ultimately, National Security Administration officials would likely argue that the PATRIOT Act grants it authority to conduct such surveillance.
According to the British Guardian newspaper, 29 year old former CIA agent Edward Snowden is the whistleblower behind the NSA controversy. He is likely to be prosecuted should he be extradited to the United States.
Although the backlash from the public has been fierce, President Obama has found some surprising supporters of the unusual NSA practices.
What kind of data is the government collecting on you?
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Why You Can't Ignore Your Credit
There's a big difference between living debt free and living credit free.
Living debt free simply means that you pay your bills and don't maintain any credit balances. Credit free, however, means living without credit altogether.
Credit should be something that you treat carefully, and can have a significant impact in your daily life.
Some might think they don't need credit. That's simply incorrect. In most instances, even extremely wealthy people need credit.
Why?
If you ever need to rent a house or apartment, you could be restricted from becoming a tenant on your credit alone.
If you hit a sudden financial crunch, you may have to turn to credit. Without a good credit history, you may have nothing to fall back on.
If you take a vacation and want to rent a car, you'll need a credit card. Hotels and rental companies routinely ask for them at check-in. If you opt to use a debit card, a significant amount of your account could get "blocked," preventing you from accessing your own money.
To read about the importance of maintaining a good credit history,
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Your Money
How long will your money last with systematic withdrawals?
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For the Lawyers
FCRA plaintiff must show actual damages. The Eighth Circuit held that a plaintiff could not pursue a claim under the Fair Credit Reporting Act in the absence of evidence that she suffered actual damages from an allegedly inaccurate criminal background check. Alleging that she suffered emotional distress from an inaccurate report, the plaintiff sued the defendant for violating the FCRA by failing to adopt reasonable procedures to ensure the maximum possible accuracy of its credit reporting. The court held that a consumer must present “competent evidence of actual injury” to state a claim under the FCRA. “[The plaintiff] suffered no physical injury and was not medically treated for any psychological or emotional injury. [The plaintiff] offered no reasonable detail about the nature and extent of her alleged emotional distress. Although [the caseworker] witnessed [the plaintiff] crying during the meeting, corroboration of a brief episode of frustration and unhappiness does not establish the sort of concrete emotional distress that is required to constitute a genuine injury and actual damages,” the court said.
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