| Volume 114 Number 1 |
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The People’s Lawyer’s Tip of the Day
After 7 years, most debts become obsolete and are no longer reported on your credit report. A debt cannot be “re-aged” and placed back on your credit report even if it is sold to a new collector. The threat to put something “back on your report,” also violates federal law. Know your rights when it comes to dealing with a debt collector.
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Hackers Show They Can Hack and Control Moving Car
With the increasing computerization of vehicles, perhaps it was only a matter of time before they could be hacked. A group of hackers recently demonstrated how they could take control of a Jeep Cherokee remotely, changing the radio station, climate control, windshield wipers, and even the transmission. The demonstration highlighted the vulnerability of many modern vehicle’s electronics especially when the car is connected to the Internet via a cellular connection.
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Your Money
Two hypermilers, people who make a sport out of getting the best possible gas mileage out of their cars, recently set a record of 81 miles per gallon on a cross country trip in a VW Golf TDI. You can use these tips to increase your gas mileage and lower your own gas bills on your next long drive. Click here for more.
For the Lawyers
No advertisement, no Telephone Consumer Protection Act liability. The Sixth Circuit considered whether a fax from Medco, titled "Formulary Notification," was an advertisement. The fax stated that "The health plans of many of your patients have adopted" Medco's formulary and asked the receiver to "consider prescribing plan-preferred drugs" to "help lower medication costs for patients." -Under the Commission's analysis, if the primary purpose of the fax at issue is informational rather than promotional, the TCPA does not apply. The court began with the TCPA's definition of "advertisement" at Section 227(a)(5) as "any material advertising the commercial availability or quality of any property, goods, or services." The court noted that the Federal Communication Commissions interpretation of this provision is that if the primary purpose of the fax at issue is informational rather than promotional, the TCPA does not apply. "That aptly describes the faxes here," the court said. "They contain only information—parts of the formulary—and do not seek to promote products or services to make a profit." Sandusky Wellness Center v. Medco Health Solutions (6th Cir. 2015) Click here for more.