| Volume 103 Number 2 |
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The People’s Lawyer’s Tip of the Day
Many credit card companies that receive a complaint from a consumer reply, “Sorry, that’s between you and the merchant.”
Fortunately for consumers, that is not always the law.
Two federal laws give you substantial rights against credit card companies for wrongful conduct of merchants. The Fair Credit Billing Act allows you to dispute charges for goods never received or inaccurate amounts, and the Consumer Credit Protection Act lets you assert claims against a credit card company for defective goods bought in your home state of within 100 miles of your home. Next time, let the credit card company know that you know your rights.
For more general information about the law, check out my website.
Click here for more.
Verizon Decides Against Data Throttling
On October 1, Verizon was set to start its controversial plan to throttle speeds for the top 5% of data users. Although Verizon called the plan "Network Optimization," the fancy wording didn't stop the Federal Communications Commission from stepping in to let its voice be heard.
In a letter to Verizon, FCC Chairman Tom Wheeler stated:
"I know of no past Commission statement that would treat as ‘reasonable network management’ a decision to slow traffic to a user who has paid, after all, for ‘unlimited’ service."
With pressure mounting from federal authorities and consumers, Verizon has abandoned plans to throttle data for unlimited users.
Data throttling can significantly reduce consumer mobile data speeds. In many instances, speeds become so slow that it can take several minutes for the most basic sites to open.
Will other companies, like AT&T, stop throttling data speeds for unlimited users? What could the FCC do about it?
Click here for more.
Top 20 Cars for Getting Tickets
Do you get pulled over more than your friends?
Where does your car rank among the most ticketed vehicles?
As reported by
USA Today, Insurance.com collected data and issued findings on which vehicles get ticketed the most. According to the report, the Subaru WXR tops the list of most ticketed vehicles. The Toyota Prius rounded out the top 20.
Want to find out exactly where your car ranks out of 526 vehicles? Click here!
Remember, cars don't get tickets. Drivers do.
Click here for more.
Why You Shouldn't Panic About Ebola
Ebola phobia has been sweeping the country. For the past several weeks, major news outlets have relentlessly covered the deadly virus. With a confirmed case in Dallas, some might start to feel a little worried.
Don't panic!
Persons infected with Ebola can't transmit the illness until they start to show symptoms. Even then, you can't get Ebola by just being around infected persons. Unlike some illnesses, the Ebola virus doesn't drift through the air.
Find out why you have no reason to panic!
Click here for more.
Your Money
What is your take-home pay as a salaried employee?
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For the Lawyers
There is a presumption of reliance in FTC civil contempt actions.
The Second Circuit held that in an action by the FTC to enforce contempt relating to defendants' violation of a Consent Order, the FTC is entitled to a presumption that consumers relied, when deciding to purchase defendants' products, on defendants' omissions and misrepresentations. The court also held that the appropriate baseline for calculating damages, i.e. the actual loss to the consumers as a result of the defendant’s conduct, is the defendant’s gross receipts.
Click here for more.