| Volume 115 Number 1 |
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The People’s Lawyer’s Tip of the Day
Have you been approached by someone about a business opportunity that seems to promise large income? If the focus of the business seems to be about recruiting you as a salesperson, and then having you recruit more people as salespeople, chances are it is a pyramid scheme, and not a legitimate business opportunity. This link has tips on how to spot these kind of scams. Click here for more.
Only 1 in 4 Takata Airbags in US have been Fixed
Out of the almost 24 million Takata airbags installed in U.S. vehicles subject to the recall, only 4 million have been replaced so far. The problem with the airbags is worse in the Southern U.S where high temperatures and humidity can contribute to failure. Contact your car dealer to find out if your vehicle is subject to the recall, and to schedule a replacement if it is. Click here for more.
Your Money
Looking to buy a new car? If you, you might want to avoid the cars that Consumer Reports have just rated as the "worst cars" of the year. Click here for more.
For the Lawyers
Providing creditor with a cell phone number is "prior express consent" under the Telephone Consumer Protection Act (“TCPA”). When the plaintiff applied for and received a mortgage, he used a home number. Subsequently, he discontinued his home phone service, and notified the lender that his cell phone was his new contact number. Ultimately the plaintiff fell behind on his mortgage, and the cell number was used by the mortgage company in collection efforts. The Sixth Circuit affirmed the district court’s finding that the provision of the cell phone number to the mortgage company was "prior express consent" under the TCPA such that the mortgage company’s use of the cell phone number was not in violation of the TCPA. Hill v. Homeward Residential, Inc., 2015 WL 4978464 (6th Cir. August 21, 2015) Click here for more.