| Volume 125 Number 1 |
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The People’s Lawyer’s Tip of the Day
Is buying an extended warranty a good idea? Statistically, it is not worth what you pay. But more importantly, the warranty is only as good as the company that issued it. Be sure to carefully check out the warrantor before buying a warranty. A "lifetime" warranty may be for only the lifetime of the company that issued the warranty. Click here for more.
Regulators Warn Drivers to Stop Driving Affected Hondas and Acuras
New government reports state that affected Takata airbags of Hondas and Acuras have a significant chance of exploding if deployed in an accident. The chances are 50% compared to 1% for the average vehicle. Nearly 70 million airbags in the U.S. have been or will be recalled since 2014 as part of a massive Takata safety scandal. Cars in humid regions, such as Texas and Florida, are at a higher risk. According to regulators, 8.9 million Takata airbags were replaced last year. But that only represents about a third of the cars in which owners have been notified that a replacement part is available. Click here for more.
Your Money
Debt collectors are prohibited from contacting you repeatedly to annoy, abuse, or harass you. If you notify a debt collector to stop contacting you, it can only contact you again to either confirm that there will no further contact or to notify you of lawful legal action against you. Additionally, writing a letter to the debt collector may help you to get information, set ground rules about any further communication, or protect some of your rights. The Consumer Financial Protection Bureau has sample letters that you can use to respond to a debt collector on its website. Click here for more.
For the Lawyers
Claims under the Fair Credit Reporting Act barred by statute of limitations discovery rule. The 6th Circuit held that the statute of limitations under the FCRA commences when the claimant discovers the facts of the claim, not that the facts constitute a legal violation. The plaintiff filed suit against the employer and the reporting agency for violations of the FCRA. The FCRA's statute of limitations requires claims be commenced the earlier of two years after the date of discovery or five years after the date of the violation. Consequently, the limitations period commenced when the plaintiff discovered that the employer had obtained his credit report without his consent. Rocheleau v. Elder Living Construction (7th Cir.). Click here for more.