| Volume 108 Number 8 |
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The People’s Lawyer’s Tip of the Day
Did you know that when you drop off your vehicle for service, once the mechanic performs any repair work the shop has a "mechanic's lien" that allows it to hold the car until payment is made? To avoid problems, never leave your car with a mechanic without first getting paperwork setting forth what the shop can do, and what it can charge. The Texas Attorney General has a helpful website explaining your rights in this situation. Click here for more.
CFPB Proposes Rules on Payday Loans
The U.S. consumer financial watchdog outlined its plans for cracking down on the payday lending industry and ensuring that borrowers can repay their loans. The framework unveiled by the U.S. Consumer Financial Protection Bureau was a key step toward new rules for various types of loans that regulators say trap borrowers in debt. Click here for more.
Your Money
Many retirees depend upon pensions for living expenses. The Consumer Financial Protection Bureau suggests that retirees avoid “pension advance” products and has tips to avoid some of the most common financial traps for pensioners. Click here for more.
For the Lawyers
Former employee lacks standing to challenge employer’s new arbitration clause. A former server alleged the restaurant where she had worked violated the FLSA. A month later, the restaurant rolled out a new arbitration agreement for employees essentially preventing them from joining the class. The plaintiffs asked the court to enjoin the restaurant from using its new arbitration agreement to reduce the number of potential plaintiffs. The district court granted the injunction “to prevent a chilling effect on future collection actions under the [FLSA].” The Eighth Circuit reversed. It found that the plaintiffs “lacked standing to challenge the current employees’ arbitration agreement,” which deprived the district court of jurisdiction to enjoin enforcement of the new arbitration agreement. The court did not buy the argument that the new arbitration agreement caused plaintiffs to suffer a “concrete and particularized injury” in the form of an increased pro rata share of litigation expenses. The court concluded, “one must resort to pure speculation to conclude the former employees’ portion of the litigation costs is any greater than it would have been absent the agreement.” Conners v. Gusano’s Chicago Style Pizzeria, __ F.3d __, 2015 WL 1003860 (8th Cir. Mar. 9, 2015), Click here for more.