| Volume 88 Number 6 |
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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.
For more general information about the law, check out my website.
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Stores Tracking Consumer Cell Phones
Did you know that stores could be tracking your movements without you even knowing it?
It's true!
In order to more effectively compete with online retailers, many brick-and-mortar stores are using a special software to track consumers movements and monitor their behavior.
Not surprisingly, there have been some complaints. In fact, Nordstrom stopped the program entirely in response to consumer backlash over privacy concerns. However, many other stores, like Family Dollar, Cabela’s, and Mothercare, continue to use the software despite complaints.
The software tracks consumer activity by following the Wi-Fi signal omitted from a consumer's mobile phone. Consumers can avoid tracking by turning off their phones before entering a store.
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Senate Confirms CFPB Director Cordray
Richard Cordray has been the head of the Consumer Financial Protection Bureau since January 2012. On Tuesday, the United States Senate finally voted to confirm Cordray as head of the agency.
Some members of the Senate wanted significant changes to the CFPB before making the vote. The proposed changes would have significantly limited its ability to help regular Americans. With overwhelming consumer approval, any attempt to strip or eliminate the CFPB would be a losing battle in the court of public opinion.
What does Cordray's confirmation mean for consumers?
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Your Money
How does your net worth rank?
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For the Lawyers
Supreme Court upholds aribtrator's decision allowing class arbitration.
The U.S. Supreme Court upheld an arbitrator's decision that a particular arbitration clause authorized class arbitration. Justice Kagan wrote the main opinion, which was unanimous.
The standard of review of arbitrators' decisions under the Federal Arbitration Act is highly deferential. So "the sole question for us," the Court stated, "is whether the arbitrator (even arguably) interpreted the parties’ contract, not whether he got its meaning right or wrong."
The Court agreed that the arbitrator was interpreting the contract, and that was that.
In a concurring opinion, Justice Alito and Justice Thomas suggested that any eventual class arbitration judgment in the case would be susceptible to collateral attack.
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