| Volume 90 Number 6 |
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The People’s Lawyer’s Tip of the Day
A store has the right to sell something and limit your right to return it by saying "no returns," or "exchange only." But this does not apply to something that doesn't work. You are always entitled to get a working product, unless it was purchased "as is."
For more general information about the law, check out my website.
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Growing Drug Resistant Bacteria Problem
Stay away from antibiotics unless you absolutely need them!
That's the message the Centers for Disease Control and Prevention is sending to public in response to the latest evaluation of a growing problem. Some 2 million people are infected with drug-resistant bacteria every year, with 23,000 dying in the same time.
Despite warning of the problem for years, officials for the CDC claim that more than 50% of antibiotic prescriptions are unnecessary. Throughout years of overuse and misuse, various strains of bacteria have adapted to antibiotics, developing an immunity that makes infections much more difficult to treat.
What can you do to help support the fight against drug-resistant bacteria?
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Apple Battling Enthusiasm Gap
Apple's latest phone announcement has come with much less fanfare than previous editions. Apple has been battling a growing enthusiasm gap. Long known for introducing groundbreaking innovations every year, Apple's product development has appeared to slow, at least in the eyes of the consuming public.
Last week, Apple announced the release of two new iPhone models, including the iPhone 5C and iPhone 5S. With the iPhone 5C, Apple faces the problem of diluting the brand value by offering a "cheap" alternative. On the other hand, the iPhone 5S has many significant and interesting updates. From an advanced camera to fingerprint security protection, the new iPhone maintains the previous structure while advancing the technology within. However, the new technology comes with some unusual issues. For instance, many consumers are concerned about protecting their fingerprints from NSA snoopers and sophisticated hackers.
Will Apple bridge the enthusiasm gap? Was offering the cheaper iPhone 5C model a bad idea? Will fingerprint security truly intrigue the mainstream public? Or, will security concerns actually drive consumers away?
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Your Money
When should you start saving for your child's college?
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For the Lawyers
Unfair and hidden arbitration clause is unenforceable.
A U.S. district court in Nevada refused to enforce an arbitration clause in a privacy/security breach class action. Most online retailers require consumers to click on a button saying that they agree to all the fine print terms and conditions, which generally include forced arbitration clauses.
In this case, this arbitration clause provided that “Accessing, browsing or otherwise using the site indicates your agreement to all the terms and conditions in this agreement, so please read this agreement carefully before proceeding.”
The court noted that, “Very little is required to form a contract nowadays–but this alone does not suffice.” It continued, stating that “the Internet has not changed the basic requirements of a contract, and there is no agreement where there is no acceptance, no meeting of the minds, and no manifestation of assent.”
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