| Volume 104 Number 5 |
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The People’s Lawyer’s Tip of the Day
If you buy something and the contract has a clause that says you agree to arbitrate, you will not be allowed to sue and must file your claim with an arbitrator. Arbitration is often more expensive than a simple lawsuit, denies you the right to a jury trial or an appeal, is not bound by traditional rules of procedure, and often precludes you from filing or joining a class action.
To read about mandatory binding consumer arbitration,
Click here for more.
Old Navy Charging Plus Size Women More
Old Navy has been feeling the heat in recent weeks after more than 20,000 people signed a petition asking the company to stop charging plus size women more for certain styles of clothing. Notably, Old Navy does not charge more for men's plus-size clothing.
Old Navy responded to the complaint insisting that the company has a team dedicated to plus-size clothing. Beyond the additional fabric needed for production, a team of designers creates "the most flattering and on-trend plus styles." The women's plus-size clothing have stretch materials and contoured waistbands not included for similar men's plus-size clothing.
Is the Old Navy explanation enough to justify higher prices for women's plus-size clothing?
Click here for more.
Government Planes Monitor Cell Phones
How can the government intercept your cell phone location, jam its signal, and collect its data? By using small Cessna planes and "dirtboxes," of course.
According to the Wall Street Journal, the Justice Department has been running the program since 2007. "Dirtboxes" work by mimicking cell phone towers to trick phones into reporting their content and information. The program is used to find criminals, but collects information of all area phones. Once the government has the information it wants, it apparently releases all of the other cell phone information.
Although it may sound similar, the use aircraft "dirtboxes" are not a part of the NSA's controversial data collection programs.
How does it work? What happens if someone dials 911 while connected to a fake tower?
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Your Money
Are you planning to buy a car? How much should you put down?
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For the Lawyers
Arbitration clause requiring only one party must arbitrate, allowing other to litigate, is unenforceable.
The Arkansas Supreme Court held that an arbitration clause was unenforceable due to a lack of mutuality because one party reserved the right to litigate.
Click here for more.