| Volume 107 Number 6 |
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The People’s Lawyer’s Tip of the Day
Be careful when you use a post-dated check. Under the law, your bank may pay that check at any time, and you may bounce many other checks. My advice is never give someone a post-dated check.
For more general information about the law, check out my website.
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Samsung Comments on Eavesdropping TV
Is your Samsung TV eavesdropping on you?
Recently, Samsung updated its privacy policy to include the following language:
"Please be aware that if your spoken words include personal or other sensitive information, that information will be among the data captured and transmitted to a third party through your use of Voice Recognition."
On Tuesday, Samsung decided to change the wording of the privacy statement after receiving widespread criticism from consumers. According to Samsung, the new wording more accurately reflects what actually occurs. Although the TV is always "listening," it only conducts action when certain key phrases are said (like "change the channel"). Further, Samsung says the remote works like Apple's Siri, and does send information over the Internet in order to process requests.
Do you own a Samsung television?
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Apple Adds Two-Step Security
Apple has released a new update to deal with security flaws that allowed hackers to access iCloud data.
The update, called "two-step authentication," will require Apple users to have their phones with them whenever they log in to iCloud, iMessage, or FaceTime from a new device. Once a consumer enters a password from a new device, Apple will send a unique code to the consumer's phone that must also entered in order to access the account.
The update coincides with the White House cybersecurity summit this Friday.
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Your Money
Should you pay down debt or invest your monthly surplus?
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For the Lawyers
Mere delay in seeking arbitration without some resultant prejudice is insufficient grounds to find a conduct-based waiver.
The First Circuit held that to find a conduct based waiver of an arbitration clause there must be more than mere delay, but the required showing of prejudice is “tame ta best.”
Prejudice may be inferred from a protracted delay in assertion of arbitration rights when the delay is accompanied by sufficient litigation activity.
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