The People's Lawyer Consumer News Alert
Center for Consumer Law
  Volume 95 Number 8

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The People’s Lawyer’s Tip of the Day

Starting a new business can be risky, and the type of business determines your individual liability. If you run a business in your own name, or as a partnership, you are responsible for all the liabilities of the business. To protect yourself, consider operating the business as a corporation or limited liability company. An attorney can help you make the right choice.



For more general information about the law, check out my website.

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Netflix & Comcast Team Up

Have you been experiencing problems watching Netflix on your home Internet? Netflix takes up about one-third of all United States broadband traffic. Internet service providers have grown frustrated with the massive amount of Internet traffic that comes with Netflix usage. As a result, some Internet service providers have throttled Netflix speeds, leaving consumers with lower quality streaming services.



Aware of the problem and looking for a fix, Netflix has agreed to a deal with Comcast to speed up consumer access to the company's streaming library. As part of the deal, Netflix will pay Comcast for a direct "pipeline" into the company's Internet lines. In doing so, Comcast customers can expect significantly better video quality when they start up their Netflix accounts.



Will Netflix strike similar deals with other Internet service providers? Will the cost be sent to consumers?

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The Best Vehicles for 200,000 Miles

Do you want a car you can drive into the ground? A recent study analyzed vehicles that can reach or go beyond 200,000 miles. The results may be somewhat surprising, as only one car made the list. The rest? Nothing but trucks and sports utility vehicles.



If you're looking for a car that can get you past 200,000 miles, look no further than the Honda Accord. If the Accord doesn't do it for you, the Ford F-250 Super Duty and the Chevrolet Silverado 2500HD took the top two spots. In fact, 11 trucks and sports utility vehicles ranked ahead of the Accord.



Which vehicles can get you the distance?

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Your Money

Which is better - cash or payments?
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For the Lawyers

Court finds TCPA consent based on ten-year old conduct.

An Illinois District court used ten-year old proof that a consumer gave his phone number as his contact point to satisfy the express consent defense under the TCPA.

The court described the express consent defense as follows: “[P]ersons who knowingly release their phone numbers have in effect given their invitation or permission to be called at the number which they have given, absent instructions to the contrary.” The plaintiff had filled a prescription at a Walgreens pharmacy in 2002, when he provided his cellular phone number to a Walgreens pharmacist “who told him that his number was needed for potential identity verification purposes.” The court found that because plaintiff had elected to provide his cellular telephone number as his point of contact ten years earlier, and never provided Walgreen Co. with “instructions to the contrary,” the mere passage of time could not vitiate consent, opining that “consent under the TCPA does not expire on its own; it must be revoked.”
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