| Volume 125 Number 3 |
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The People’s Lawyer’s Tip of the Day
Lately, more and more companies are reporting stolen data breaches. Although most cases do not result in identity theft, you should still protect yourself by checking your credit report for suspicious behavior. You can check your report at each of the three agencies once a year for free. Check one every four months. Click here for more.
Amazon Drops List Prices That Suggest Huge Bargains
Dozens of recent consumer lawsuits have concerned the deceptive act of displaying online discounts that are much less than they seem. Bargains online and offline that are not real bargains are breeding legal action, much of it using a tough California law against deceptive advertising. Consequently, Amazon began eliminating list prices about two months ago both on products it sold itself and those sold by other merchants on its site. Initially, the retailer had been experimenting with telling the buyer what an item used to be on the website. The buyer would then believe he was getting a great deal and would buy the item. Click here for more.
Your Money
Before considering a payday loan, look to other options first. Don't ever be in a hurry to borrow money. Nine times out of 10 you're going to end up getting a bad deal. First consideration: Can you avoid borrowing, period? Selling clothing or household goods might be preferable to taking out a small loan. If you need to borrow, start off by pulling your credit score from one of the many sites that offer free access. Banks and credit unions may offer small short-term loans with more competitive rates, yet many payday loan customers don't comparison shop to see if they might qualify. Click here for more.
For the Lawyers
As is” does not defeat DTPA claim. Plaintiff Bishop bought a used car from Creditplex. The car had an “AS IS – NO WARRANTY” sticker on it, which the sale documents incorporated. Bishop sued Creditplex, alleging failure to disclose and unconscionable conduct under the DTPA, but the trial court granted a directed verdict based on the “AS IS” sticker. The Dallas Court of Appeals reversed. The Court noted that a contractual “as is” clause, important to the bargain and negotiated between sophisticated parties, can conclusively negate the element of causation and defeat DTPA, fraud, and negligence claims. Prudential Insurance Co. v. Jefferson Associates, Ltd., 896 S.W.2d 156 (Tex. 1995). The Court explained, however, that in the instant case the “as is” disclaimer was boilerplate rather than negotiated, the parties were not equally sophisticated and did not occupy equal bargaining positions, and the meaning of the “as is” disclaimer was somewhat unclear. In light of all the circumstances, the Court reversed and remanded. Bishop v. Creditplex Auto Sales LLC Dallas Court of Appeals, No. 05-15-00395-CV (June 23, 2016). Click here for more.