| Volume 89 Number 4 |
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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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FDA Set Standards & Defines Gluten Free
What is "gluten free"?
It is an important question for those with celiac disease. With the recent gluten free health craze, many companies are advertising their products as gluten free when that may not be exactly true. For those just trying out a gluten free diet, it may not be a huge deal. However, for those with celiac disease, it certainly can be. As a result, the Food and Drug Administration has stepped in and created some guidelines, clearly defining what it means to be "gluten free".
To read the FDA release,
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Free Airline Voucher Scam
Have you received a letter in the mail telling you that you've qualified for free airline vouchers?
Claiming to offer two free round trip flights worth up to $1350, scammers are going after consumers in a new and unusual way. That is, the scammers use names like United Airways (rather than United Airlines) to look and sound more legitimate. However, if you try to claim the voucher, you must first sit through a hard-sell presentation that could cost you anywhere from $1,500 to $9,000 just to join.
If you receive a letter for free flights, but you are required you pay more than a nominal fee to use the vouchers, it is probably a scam. If you're uncertain, call the airline directly to inquire. Instead of calling the number listed on the letter, do an Internet search for the airline's customer service line and start there.
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Hackers Find New Ways to Rob Houses
As technology becomes commonplace within the household, hackers are finding new ways to break in, or otherwise invade a home.
Many homeowners have security cameras, or nanny cams, that can be viewed over the Internet from halfway across the world. Others have systems that send text messages if a window or door is opened.
What's particularly concerning, however, it the new ability to remotely access and use security devices in the household. For example, some homeowners have the ability to unlock doors to their home over the Internet.
At a recent Black Hat demonstration, hackers showed how easy it was to access, override, and control devices and locks in a person's home. In fact, with the click of a button, hackers can unlock a door and walk right in without setting off any alarms.
Is your home susceptible to hackers?
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Your Money
What is the value of reducing, postponing or foregoing expenses?
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For the Lawyers
The 11th Circuit affirms an arbitrator’s decision to allow a class action.
The plaintiffs are mobile phone consumers who allege they were charged unlawful penalties for canceling phone service. Under the Wireless Industry Arbitration Rules of the AAA, an arbitrator found the arbitration clause allowed class actions and certified the class. The wireless provider then moved to vacate that determination in federal court, claiming the arbitrator exceeded his authority and refused to apply the law. The court, however, carefully applied the Supreme Court’s language in Oxford Health Plans LLC v. Sutter and held that because the arbitrator engaged with the contract’s language and the parties’ intent, his construction of the contract must be upheld.
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