| Volume 126 Number 1 |
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The People’s Lawyer’s Tip of the Day
Under the law, a landlord cannot withhold money from a security deposit for damage caused by ordinary wear and tear. What’s the best way to prove that you didn’t damage an apartment while you lived there—take pictures or a video before you move in, and when you move out. Click here for more.
1 in 6 Vehicles on the Road Not Repaired After a Recall
About 45 million vehicles have an unrepaired safety problem, according to research by J.D. Power and Associates, a market research company. The United States has seen a drastic increase in the number of safety-related recalls in recent years. However, automakers say that it as low as 30% of vehicles covered by a recall will actually come in for repairs. And this is not uncommon. Click here for more.
Your Money
Talk to a financial adviser about annuities lately? You may be hearing different recommendations depending on who you talk to. Many advisers would highly recommend an annuity. Others are vehemently opposed to them. Be aware that many pro-annuity advisers receive commissions and benefits based on their annuity sales. Before you speak to an advisor do your own research and consider several factors. First, determine whether you're a candidate for an annuity. Will you need more guaranteed income than you'll receive from Social Security and pensions? If so, consider a immediate annuity. Click here for more.
For the Lawyers
FDCPA unambiguously requires any debt collector, first or subsequent, to send a validation notice within five days of its first communication with the consumer. The Ninth Circuit reversed a lower court, which held that the validation notice requirement of section 1792(g)(a) applied only to the first collector. Applying well-established tools of statutory interpretation and construing the language in section 1692g(a) in light of the context and purpose of the FDCPA, the Ninth Circuit held that the phrase “the initial communication” refers to the first communication sent by any debt collector, including collectors that contact the debtor after another collector already did. Hernandez v. Williams, Zinman & Parham PC (9th Cir.). Click here for more.