| Volume 116 Number 9 |
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The People’s Lawyer’s Tip of the Day
Telephone Scams are really a numbers game. Auto-dialing technology is cheap, criminals are safe behind fake phone numbers, and because they make a huge numbers of calls, they only need a few people to bite to make their money. One of the most common scams involves a threat of criminal charges for the failure to pay an alleged debt or an IRS bill. Don't believe them. Only law enforcement agencies can bring criminal charges, and they won't threaten you over the phone. Click here for more.
Verizon Promises "Unlimited Data" to Remain "Unlimited."
While Sprint, AT&T and T-Mobile have all said that they would "throttle" consumers on grandfathered "unlimited" data plans, Verizon has bucked this trend. Unlike the other carriers, who will slow down the data connections for users once they reach a certain limit each month, Verizon has promised not to slow down the connections of even very heavy users. Because there is a cost to streaming unlimited data, Verizon has announced that there will be a $20 increase in the monthly charge to those remaining on the grandfathered unlimited plans. Click here for more.
Your Money
A popular myth is that when you sell a home you have to buy a home of equal or greater value to avoid taxes. In fact, this is not true, except for individuals who make a net profit of more than $250,000 on the sale of a home, or married couples who profit more than $500,000. This link discusses this and other real estate myths. Click here for more.
For the Lawyers
New York State ban on credit card sales transactions surcharges upheld by the Second Circuit Court of Appeals. After a federal district court’s 2013 ruling striking down New York’s 1984 law banning credit card surcharges, the Second Circuit joined the majority of other circuits to find similar bans constitutional. The court rejected the retailers’ argument that the difference between a cash discount and a surcharge triggered free speech considerations because the terms were “labels” resulting in distinct consumer reactions. Dismissing due process concerns, the panel found the law was not unconstitutionally vague and that retailers would be able to comply without a problem. Expressions Hair Design v. Schneiderman (2nd Cir. 2015) Click here for more.