| Volume 108 Number 5 |
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Texas Consumer Complaint Center
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Your Guide to Small Claims Court
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1-713-743-2168
As a tenant in Texas, you are entitled to the “quiet enjoyment” of your apartment, and the landlord must repair conditions that materially affect your health or safety. To learn more about these laws and how to assert your rights, visit my website: Click here for more.
The People’s Lawyer’s Tip of the Day
Does the IRS owe you money? The IRS has $1 billion in unclaimed refunds for the 2011 tax year that will soon become the property of the U.S. government if taxpayers don't come forward to claim them. The IRS has $1 billion in unclaimed refunds for the 2011 tax year that will soon become the property of the U.S. government if taxpayers don't come forward to claim them.
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Your Money
The Consumer Financial Protection Bureau says you are unwittingly giving up your right to sue by agreeing to mandatory arbitration. In its recently released study, the CFPB found that although most contracts contain an arbitration clause, three quarters of consumers surveyed didn’t know whether any contracts they signed had an arbitration clause, and only 7% understood that they could not sue their credit card issuer if their contract does include such a clause. Click here for more.
For the Lawyers
Unconscionable provisions in an arbitration clause may be severed. A California Court of Appeals held that an arbitration clause found unconscionable may be enforced if the offensive provisions are severed. The court noted that the unconscionable provisions concern only exceptions to the finality of the arbitration award, and can be deleted without affecting the core purpose and intent of the arbitration agreement. The deletion of these exceptions creates a binding arbitration award and promotes the fundamental attributes of arbitration, including speed, efficiency, and lower costs. Trabert v. Consumer Portfolio Services (Calif Ct App). Click here for more.