| Volume 123 Number 12 |
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The People’s Lawyer’s Tip of the Day
As a general rule, relatives and beneficiaries of someone who dies do not owe the deceased’s debts. If a debt collector contacts you about paying the debts of someone who dies, tell him to contact the executor of the estate. Click here for more.
Coke Debuts 'Proud to be an American' Cans
Coca-Cola is the latest company to adopt USA-themed packaging. Its new "I'm proud to be an American" limited edition is in red, white and blue cans to honor members of the military and feature the American flag in their design. Click here for more.
Your Money
Married couples can take advantage of the spousal IRA rules to make IRA contributions on behalf of a non-working spouse and benefit from the same tax savings that those who make ordinary IRA contributions enjoy. Click here for more.
For the Lawyers
DTPA does not apply to suit against lender. The Fifth Circuit affirmed the dismissal of a borrower’s claims against her lender arising out of a foreclosure, holding among other things that alleged discrepancies as to the lender’s automatic payment withdrawal services did not state a claim under the Texas Deceptive Trade Practices Act (DTPA). The court noted a claim under the DTPA requires that: (1) the plaintiff is a consumer; (2) the defendant was false, misleading, or deceptive; and (3) the defendant’s acts were a producing cause of the plaintiff’s damages. To qualify as a consumer under the DTPA, the borrower must have “sought or acquired goods or services” and those “goods or services . . . must form the basis of the complaint.” The goods or services must be an “objective of the transaction and not merely incidental to it.” The Fifth Circuit found that automatic withdrawal “services” that the lender provided were “incidental to the loan” and served no other purpose but to facilitate the loan. ZAIDA VILLARREAL v. WELLS FARGO BANK, N.A., Defendant-Appellee. Click here for more.