| Volume 125 Number 2 |
Subscribe to the Newsletter
Forward this news alert to your family and friends
Helpful Links
Texas Consumer Complaint Center
Credit Reports and Identity Theft
Your Guide to Small Claims Court
Contact Us
1-713-743-2168
Happy Fourth of July!
The People’s Lawyer’s Tip of the Day
Even if you do not pay rent, a landlord may not simply lock you out. A landlord may change the locks on your door, but must make a key available for you to obtain 24 hours a day. To force you out, the landlord must file eviction proceedings in court. Click here for more.
UPS to Start Locker Program for Package Pick-Up
UPS is installing lockers to make it easier for people to pick up their packages. After testing pickup lockers at nine locations in Chicago, United Parcel Service now plans to expand the lockers to 300 locations nationwide. Washington state will be one of the first to get them. The so-called “UPS Access Point” lockers are usually outside of convenience stores or other retailers and accessible 24 hours a day. UPS is working with 7-Eleven and independent stores to offer the lockers. Click here for more.
Your Money
While homeowners insurance protects you against unforeseen events, a home warranty is a program that covers the normal wear and tear on the major mechanical and electrical systems in a house, such as heating, ventilating and air-conditioning systems, the water heater, sump pump and kitchen stove. When you file a claim, your home warranty company chooses a local contractor to diagnose your problem for a set service fee, which you’re responsible for paying. If the contractor doesn’t find an issue or you disagree with the findings, you can ask the warranty company to send a different contractor for a second opinion. Most home warranties expire after a set time period and don’t cover every problem, such as leaky faucets or peeling paint. Click here for more.
For the Lawyers
Letter offering settlement on a time barred debt did not threaten litigation and, therefore, did not violate the Fair Debt Collection Practices Act. A district court in New Jersey recently held that a letter offering settlement on a time barred debt did not threaten litigation and therefore did not violate the FDCPA. The court found that the FDCPA permits the debt collector to seek voluntary repayment so long as it does not initiate or threaten legal action. The court was persuaded by the fact that the letter set forth a single lump sum payment option and used the word “settle.” The court concluded that under the Circuit’s “least sophisticated consumer” standard, the letter did not threaten litigation. Lugo v. Firstsource Advantage, C.A. No. 2:15-cv-06405-SDW-SCM, 2016 U.S. Dist. LEXIS 78636 (D.N.J. Jun. 16, 2016). Click here for more.