| Volume 124 Number 3 |
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The People’s Lawyer’s Tip of the Day
The good news is that each generation of smartphones gets better, with sharper screens, higher quality cameras, and new useful apps. The bad news is that all of these new features use more data, and keeping track of your data usage is important to make sure you don't get hit with data overage charges that are a bad deal. This link has tips on how to monitor your usage, and how to pick the right cell phone plan for your data needs. Click here for more.
Wal-Mart Introduces a Grocery Home Delivery Service
Wal-Mart is partnering with Uber and Lyft to home deliver groceries and general merchandise. This comes as Wal-Mart seeks to use its network of stores to better compete against Amazon. To place an order, customers go online and select the preferred delivery window. Store associates will prepare their orders, and request a driver from either Uber or Lyft to pick it up. Shoppers pay between $7 to $10 for the delivery charge online. The company will roll out the online grocery service at over 50 markets by the end of the month. This is the latest breakaway from the traditional neighborhood store. Click here for more.
Your Money
Does it make sense to use a cash-back credit card to help save for college? It can, for consumers with the discipline to pay off their card balance each month. A small number of credit cards offer cash-back rewards that can be deposited directly into a 529 college savings account, the popular state-sponsored accounts that offer tax advantages. Click here for more.
For the Lawyers
Debt collector’s letter to consumer is subject to Fair Debt Collection Practices Act. The Eleventh Circuit joined the Third, Fourth, and Seventh Circuits in holding a collection notice sent to a consumer’s attorney is an indirect communication. The Court held that an attorney is a channel to the consumer, and thus a collection letter sent to the consumer’s attorney is an indirect communication with the consumer. The court also held that the letter must contain a notice stating that the consumer may dispute the debt “in writing.” The defendant debt collectors argued that the “in writing” requirement should be analyzed separately from the other 15 U.S.C. §1692g protections. The Court, however, held that there is no textual basis for treating the “in writing” requirement differently from the other rights. Instead, the Court held, only by applying §1692g to attorney communications can it be ensured that consumers receive both legal representation and the full protections intended by Congress. Bishop v. Ross, Earle and Bonan (11th Cir.). Click here for more.