The People's Lawyer Consumer News Alert
Center for Consumer Law
  Volume 119 Number 7

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The People’s Lawyer’s Tip of the Day

Looking to get in shape? Joining a gym often requires you to sign a contract. To avoid misrepresentations about facilities and services, broken cancellation policies, and lost membership fees, consider these things to find out more about the business and what you are committing to before you sign the contract.  Click here for more.


Study on Medications to Reduce Heart Rate Raises Questions

An analysis based on an ethnically diverse US population-based cohort questions whether seniors taking medications that lower heart rate are subject to risk of cardiovascular events. Bradycardia (abnormally slow heart action) per se does not increase mortality or cardiovascular risk overall, but it may be associated with those risks in persons taking medications that lower heart rate.  Click here for more.


Your Money

Though it may come as a surprise, there is no limitation to how frequently you can refinance your home. You can refinance as often and freely as you like so long as it financially makes sense to do so. Here are some things to consider before you move to refinance your mortgage. Click here for more.


For the Lawyers

Payday lender waived arbitration by bringing collection suits. A payday loan company provided loans to plaintiffs. The plaintiffs and other borrowers did not repay their loans, prompting lender to file several thousand individual collection actions and secured thousands of default judgments. It was later discovered that the process server hired by Appellant falsified affidavits of service. Plaintiffs sued, alleging lender improperly obtained its default judgments against them and other similarly situated borrowers without their knowledge. Lender moved to compel arbitration based on the arbitration provisions in its loan agreements. The district court denied Appellant’s motions, holding that Appellant waived its right to arbitrate by bringing collection actions in justice court and obtaining default judgments based on falsified affidavits of service. The Nevada Supreme Court affirmed, holding that the district court correctly concluded that Appellant waived its right to an arbitral forum where the named plaintiffs’ claims all concerned the validity of the default judgments Appellant obtained against them in justice court. Principal Investments v. Harrison Click here for more.

 

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