| Volume 120 Number 8 |
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The People’s Lawyer’s Tip of the Day
Are you buying a used car? Before you do, visit the new government website to check its title. The online database currently has information on 2/3 of all used cars, and soon will be complete.
Click here for more.
Fixing U.S. Long-term Care
Many Americans fear that they will not be able to afford nursing care and rightly so. Federal data shows that for those who turn 65 today, 27 percent will spend at least $100,000 and 15 percent will spend $250,000 on long-term care. Yet, Congress has not addressed a comprehensive national policy for covering long-term care, partly due to the highly polarized atmosphere surrounding health policy. In the debate about long-term care, the right wants private-market insurance solutions, while the left advocates for public coverage through Medicare.
A new emerging approach is a hybrid that could bridge the partisan divide. The core idea: make private insurance work better, but cover the most extreme risk through a publicly financed insurance program. Click here for more.
Your Money
If you are thinking about opening a checking account but aren’t sure how to get started, there is help. Banks and credit unions provide safe places to keep your money, but it’s important to shop around to find the financial products and services that work for you. The Consumer Financial Protection Bureau's account guides have information to help you shop for and manage your checking account. Click here for more.
For the Lawyers
While the Federal Debt Collection Practices Act (FDCPA) is a strict liability statute, it provides debt collectors with a bona fide error defense. In Arnold v. Bayview Loan Servicing, LLC., the mortgage servicer sent two billing statements to the consumer after the debt was discharged in bankruptcy. Arnold filed suit against the mortgage servicer stating that the two billing statements violated the FDCPA because the statements implied money was owed on a discharged loan mortgage. The mortgage servicer moved for summary judgment asserting a bona fide error defense. The court held that the mortgage servicer showed by a preponderance of the evidence: (1) the violation was unintentional; (2) that the transmission of the billing statements was a mistake that occurred in good faith; and (3) the error occurred despite the fact that the mortgage servicer has regular processes in place to avoid errors like clerical or factual mistakes. Click here for more.