| Volume 106 Number 1 |
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The People’s Lawyer’s Tip of the Day
Do not open email attachments you do not expect or do not recognize. If you receive a notice about your account, or your order, or your bill, and you think it is an error or you may have a problem, go directly to the company's website or call them. If you get an email without a company name, ignore it.
For more general information about the law, check out my website.
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AT&T On Defensive Again for Data Throttling
The United States Federal Communications Commission may fine AT&T for reducing speeds for some of its heaviest users. Last year, the Federal Trade Commission filed a lawsuit accusing the company of deceiving consumers who paid for unlimited data and had their data speeds dramatically reduced.
The FCC is not only investigating whether AT&T violated any government rules, but also considering a reclassification of broadband service.
AT&T is arguing that the FTC lacks authority to sue and that the FCC "can’t treat mobile data as a common carrier service."
Will AT&T face any punishment for dramatically slowing data speeds for unlimited users?
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2015 Could Be Big Year for Cord Cutters
Streaming television continues to grow by leaps and bounds. For consumers who want to "cut the cord" and get away from traditional cable companies, 2015 could be a big year.
For instance, Dish Network has announced plans to offer a streaming service package through Sling TV. Additionally, CBS has already launched a standalone streaming service and HBO will have its own service starting soon.
As more properties move to streaming, consumers will be able to create their own service package on à la carte basis.
Many consumers already have televisions and over-the-top devices (like Roku and Apple TV) that can accommodate the transition.
What will it take to get you to "cut the cord?"
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Fox & Dish Contract Talks Get Heated
On December 22, a contract dispute over carrier fees led Dish Network to blackout Fox News and the Fox Business Channel in 14 million households. Now, entering the fourth week of the blackout, Fox News has released an ad blaming Dish Network for "censoring what you see."
The dispute between Fox and Dish Network is just the latest in a series for the satellite TV provider. Recently, a similar dispute left consumers without CNN, TBS, and several other channels in the Turner catalog.
If you subscribe to Dish Network, try asking for a service discount before canceling entirely. It may be an opportunity to leverage your loyalty for a better deal. However, should you decide to leave Dish Network, keep in mind that all carriers must negotiate broadcast deals.
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Your Money
How will inflation impact your retirement income needs?
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For the Lawyers
Consumer report need not be published to a third party for consumer to recover damages.
The Eleventh Circuit considered whether a credit reporting agency that negligently and willfully violated its duty to reinvestigate under the FCRA is liable for damages if the report is never published to a third party.
The court noted:
This appeal presents us with a question of first impression—whether an allegation of a violation of §1681i(a), requiring a consumer reporting agency to conduct a “reasonable investigation” of disputed information contained in a consumer’s credit report, requires the consumer reporting agency to have disclosed the consumer’s credit report to a third party in order for a consumer to recover actual damages. Looking to the plain language of the FCRA, we are convinced that a consumer’s credit report need not be published to a third party in order to entitle the consumer to actual damages under §1681i(a)….
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