| Volume 98 Number 2 |
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The People’s Lawyer’s Tip of the Day
If you have been a victim of identity theft there is a way to make sure it never happens again. Texas law allows you to put a "security freeze" on your credit report, preventing an identity thief from using your information. To find out more,
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GM Asks Plaintiffs to Suspend Cases
In the latest twist to the faulty ignition cases pending against General Motors, the company has asked all plaintiffs to suspend their lawsuits or be required to to explain in writing why they shouldn't be required to cease litigation. The bankruptcy judge in charge of General Motors' affairs hasn't made a decision on whether plaintiffs can sue the 'new GM' for claims that arose prior to bankruptcy. While General Motors insists it is not liable for the old claims because they were eliminated through restructuring, plaintiffs contend that the 'new GM' knew about the problem and failed to fix it. Furthermore, evidence exists that General Motors knew about the ignition switch problem dating back to 2001 and failed to disclose it to the bankruptcy court.
What will the bankruptcy judge decide? What does it mean for the future of GM? Should plaintiffs be required to suspend their cases?
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Microsoft Updates Fixes Security Flaw
Last week, Microsoft was in the news after a major hole was found in the Internet Explorer web browser. After federal authorities urged consumers to switch to a competing browser, Microsoft rushed to complete a patch to shore up security flaws that could give hackers total control of infected computers. Although Microsoft previously stated that there would be no further updates for Windows XP, it created a fix for the operating system anyway.
Have you updated your Internet Explorer since the security patch was released? If not, find out how!
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Your Money
How much disability income insurance do you need?
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For the Lawyers
Under the Credit Repair Organizations Act, a person need not actually provide credit repair services.
The Ninth Circuit reviewed the language of the CROA, and concluded that a company that advertised it would provide a service for the purpose of assisting a consumer in improving the consumer's credit record, history, or rating was within the scope of the CROA.
"From the plain language of the statute, it is clear that under the CROA, a person need not actually provide credit repair services to fall within the statutory definition of a credit repair organization. Instead, the person need only represent that it can or will sell, provide, or perform a service for the purpose of providing advice or assistance to a consumer with regard to improving a consumer's credit record, credit history, or credit rating."
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