| Volume 101 Number 6 |
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The People’s Lawyer’s Tip of the Day
If you pay your bills by check, the check must arrive before the due date.
Don’t wait until the last minute and rely on the mail. The best way to make sure your payment is received on time is to pay online. Paying online saves you money, and lets you know exactly when the payment is received.
For more general information about the law, check out my website.
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Hooters Facing Class Action Lawsuit
Hooters is facing a potential class action lawsuit for reasons that may surprise you.
According to a petition filed with a California district court, claimants allege Hooters of America violated the Telephone Consumer Protection Act for sending unsolicited mass text messages without prior consent.
The named plaintiff in the case claims at no point did he sign up for or ever use any Hooters of America goods or services. Such facts are consistent with the use of an "automatic telephone dialing system," which can produce phone numbers using a random number generator.
In addition to class certification, the plaintiff is seeking $1,500 statutory damages for each violation of the Telephone Consumer Protection Act.
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T-Mobile Clarifies Terms of Data Throttling
In response to an FCC probe, T-Mobile has clarified its stance on data throttling (the act of considerably slowing mobile data speeds). According to the mobile phone company, it will be throttling data for consumers who "misuse" data services under grandfathered unlimited plans. T-Mobile further clarifies "misuse" to include both tethering and downloading content through peer-to-peer file-sharing networks (torrents). As T-Mobile puts it, "[such behavior] results in a negative data network experience for T-Mobile customers."
Before T-Mobile throttles a consumer's data speeds, it will first send the consumer a warning message. If the behavior continues to the next billing cycle, data speeds will be reduced until the start of the next cycle.
T-Mobile implemented the new policy on Sunday, August 17.
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The Passport 6 Months to Expiration Rule
Next time you plan to leave the country, you need to take a closer look at your at the expiration date on your passport. If your passport is set to expire anytime in the next six months (or close to it), you may need to renew your passport before you make that flight.
When foreign visitors travel to the United States, they are required to have at least six months of validity on their passports before they enter the country. In turn, many countries are now requiring the same of American travelers as a matter of reciprocity. For example, recent changes to passport expiration requirements for France, Italy, and Spain having been particularly troublesome for traveling Americans. But it's not just Europe! Many popular destinations across the globe are now strictly enforcing passport expiration rules.
Although many travel sites display a warning message to consumers when they buy tickets, there are generally no other notifications or alerts sent to consumers before they reach the airport. As a result, it is more important than ever for consumers pay close attention to their passport expiration before they make plans for to travel abroad.
What are the passport expiration requirements for the country you're visiting?
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Your Money
Should you use a loan to pay down your debts?
Try this debt consolidation calculator!
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For the Lawyers
Whether arbitration agreement authorizes classwide arbitration is for court to decide.
Former employees filed suit on behalf of themselves and others, alleging violations of the Fair Labor Standards Act. Both had signed employment agreements that contained arbitration provisions: “[a]ny dispute or claim arising out of or relating to Employee’s employment, termination of employment or any provision of this Agreement” shall be submitted to arbitration.
Neither agreement mentions classwide arbitration. Defendant moved to compel arbitration on an individual basis. The district court granted the motion in part, compelling arbitration but holding that the propriety of individual versus classwide arbitration was for the arbitrator to decide.
Defendant proceeded with arbitration until the arbitrator ruled that the employment agreements permitted classwide arbitration. The district court denied a motion to vacate the arbitrator’s partial award.
The Third Circuit reversed, noting that because of the fundamental differences between classwide and individual arbitration, and the consequences of proceeding with one rather than the other, the availability of classwide arbitration is a substantive “question of arbitrability” to be decided by a court absent clear agreement otherwise.
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