| Volume 111 Number 10 |
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The People’s Lawyer’s Tip of the Day
Buying a used car? After the flooding here in Texas and neighboring states, in the next few months people will need to be careful about shady car sellers who will try and sell flood damaged vehicles without disclosing the damage. Because these scammers are frequently trying to repair and sell the cars before companies like carfax have reported the problems, you need to know how to spot water damaged vehicles. This is a link with some good tips. Click here for more.
Missouri Jury Awards $82 Million Against Debt Collector
A Kansas City court and jury found that Portfolio Recovery Associates, a large debt collection agency, had violated federal debt collection laws and engaged in malicious prosecution when it filed suit against the wrong person for a thousand dollar debt. The firm had continued to pursue collection action against the wrong person despite having no evidence tying the person it sued to the actual debt, while also ignoring information provided by that person showing the collection agency's error. The jury found the firm liable for $251,000 in actual damages to the wronged consumer, and for $82 Million in punitive damages to deter such conduct in the future. Click here for more.
Your Money
As gas prices have fallen, many US consumers are buying big vehicles again. But as demand for bigger vehicles rises, this may give savvy consumers a double bargain. Smaller, fuel efficient cars will not only save money on fuel over the long term, but right now there may be good deals to be had on them as well. Click here for more.
For the Lawyers
Review of arbitration award is so limited it may not be vacated even if there is a mistake of fact or law. The Fifth Circuit held that under Texas law review of an arbitration award is extremely limited. A court does not have the authority to substitute its judgment for that of arbitrators merely because it would have reached a different decision. Campbell v. Hill, 782 F3d 240 (5th Cir. 2015). Click here for more.