| Volume 117 Number 11 |
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The People’s Lawyer’s Tip of the Day
Today is "Cyber Monday" and if you do your homework you might be able to find some good deals online. That said, be careful of suspicious pop-up ads and make sure your security software is up to date. This article discusses some of the deals you can expect online today, as well as steps you can take to protect yourself online. Click here for more.
Target Website Experiencing "Cyber Monday" Delays
Heavy traffic on the Target website due to Cyber Monday shopping has slowed it down and resulted in frustration for online shoppers. The good news for the economy is that the holiday shopping season appears to be off to a good start. Click here for more.
Your Money
Making the right choices about Medicare coverage is important for seniors, but who can you trust for unbiased advice? As with most things, it's best to shop around. This link discusses how to find a Medicare advisor you can trust. Click here for more.
For the Lawyers
Swearing to truth of affidavit without personal knowledge violates Fair Debt Collection Practices Act. The Eighth Circuit noted that Section 1692 of the FDCPA prohibits a debt collector from making a "false, deceptive or misleading representation or means in connection with the collection of any debt," or using "unfair or unconscionable means to collect or attempt to collect any debt.” The consumer alleged that by swearing to the truth of the affidavit without having personal knowledge of the facts contained within it, the attorney violated both of these provisions. The court noted that even if we were to assume that Basler's attestation were literally false, Janson has not plausibly alleged that he or anyone else was misled by that falsehood. Absent an allegation that he actually did not owe rent, Janson has not plausibly alleged that the defendant's practice misled the state court in any meaningful way. Janson v. Katharyn B. Davis, LLC. (8th Cir. 2015) Click here for more.