| Volume 126 Number 2 |
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The People’s Lawyer’s Tip of the Day
After 7 years, most debts become obsolete and are no longer reported on your credit report. A debt cannot be “re-age” and placed back on your credit report even if it is sold to a new collector. The threat to put something “back on your report,” also violates federal law. Know your rights when it comes to dealing with a debt collector. Click here for more.
Phone Companies Pledge to End Robocalls
Americans receive 2.4 billion robocalls in June and only about 10% of the calls are estimated to be legal. Consumers are not the only recipient of these unwanted calls. Small businesses waste 20 million hours a year answering and dealing with robocalls. In mid-July Federal Communications Commission Chairman Tom Wheeler urged phone companies to take "immediate steps" to develop "effective blocking/filtering solutions" to customers for free. AT&T's CEO responded within days to announce an industry-wide "Robocalling Strike Force" to accelerate development and new tools. However, no details about the Strike Force have been released, leaving consumer advocates skeptical. Click here for more.
Your Money
As you travel this summer, be aware of public Wi-Fi networks that can compromise your security. Many public Wi-Fi networks are not secure, exposing you to online risks and presenting an opportunity for attackers to steal sensitive information. Before you connect to any public wireless hotspot – like on an airplane or in an airport, hotel, or café – the Department of Homeland Security recommends confirming the name of the network and login procedures with appropriate staff to ensure that the network is legitimate. Cyber criminals can easily create a similarly-named network hoping that users will overlook which network is the legitimate one. Also, install updates for apps and your device’s operating system as soon as they are available. Updates include patches and other fixes to strengthen the security of the apps and devices you own. Click here for more.
For the Lawyers
Arbitrator, not court, decides whether arbitration agreement allows class-wide arbitration. The California Supreme Court held that the arbitrator—not the court—can decide whether an arbitration agreement permits or prohibits class-wide arbitration. The California Supreme Court affirmed the Court of Appeal’s holding that the availability of class proceedings under an arbitration agreement is a question of contract interpretation for the arbitrator to decide. Sandquist v. Lebo Automotive, Inc. (Cal. July 28, 2016). Click here for more.