| Volume 124 Number 7 |
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The People’s Lawyer’s Tip of the Day
As a general rule, relatives and beneficiaries do not owe the debts of someone who died. If a debt collector contacts you about paying the debts of a deceased person, tell him to contact the executor of the estate. Click here for more.
FCC's Net-Neutrality Rules Here to Stay For Now
Yesterday, a federal appeals court upheld government net-neutrality rules, handing a defeat to cable and telephone companies trying to fight off regulation of the consumer broadband business. Aimed at ensuring a level playing field for the internet, the net-neutrality rules require internet-access providers, such as Comcast or Verizon, to treat all content coming across their networks equally, without blocking or slowing competitors or speeding up the content of those who pay. The Court ruled that the government had established sufficient basis to put tougher common-carrier regulations on broadband service because consumers no longer look to internet-service providers to supply much of the online content they are seeking. Federal Communications Commission Chairman Tom Wheeler said that the ruling was “a victory for consumers and innovators who deserve unfettered access to the entire web, and it ensures the internet remains a platform for unparalleled innovation, free expression and economic growth.” However, telecommunications companies regard the rules as an example of governmental regulatory overreach that could stump investment and slow development of new networks and technologies. Click here for more.
Your Money
When buying a car you might consider whether you should buy new or used. However, a certified pre-owned car may be a better option. In certified pre-owned programs, a dealer takes in a clean, low-mileage used car either on trade-in or coming off lease. Factory-trained mechanics inspect the car and recondition it. The car is then sold at a premium, but it includes an extended factory warranty and other benefits. Before you buy do your own research and understand how long the bumper-to-bumper and powertrain warranties (covering the parts that move the car) last. Do your own inspection of the car and if you have any concerns about the car’s condition, ask to see the CPO inspection report and the vehicle inspection report. Also, carefully check CPO pricing on sites such as Kelley Blue Book before you begin negotiating. Click here for more.
For the Lawyers
Fair Debt Collection Practices Act (FDCPA) does not prohibit debt collectors from filing a collection lawsuit without intending to proceed to trial to obtain a judgment. The defendant debt collectors filed suit in state court to recover on the plaintiffs’ delinquent credit card accounts. When the debtors contested the collection lawsuits, the debt collectors moved to voluntarily dismiss the actions with prejudice. The Seventh Circuit held that the plaintiffs failed to state a viable claim under the FDCPA. Further, the Court held that the plaintiffs did not sufficiently allege that the defendants did not intend to proceed to trial when they initially filed their complaints in state court. The Court noted that the fact that the defendants voluntarily moved to dismiss their suits prior to trial did not suggest that they had no intention of ever going to trial, indicating there are many reasons why a litigant would want to dismiss its own case. St. John v. Cach LLC (7th Cir.). Click here for more.