| Volume 127 Number 1 |
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The People’s Lawyer’s Tip of the Day
You have won a free iPad! No you didn’t, and don’t respond to the email. Like many other “phishing” scams, this one just wants some of your personal information. Just say no, and delete the email. Click here for more.
Samsung Recalls Phones Because of Exploding Batteries
After reports that some of its phones explode while charging, Samsung has recalled the Samsung Note 7. The phone, which was to rival the iPhone, was released on August 19 in the U.S. Initially, the reviews for the phone were extremely positive. Samsung found that there were 24 devices with problems for every million sold. The Korean electronics giant will offer customers a new product to replace all 2.5 million phones that have been sold. Before the recall takes effect, phone owners should contact a Samsung service center. Click here for more.
Your Money
If you get a call from the IRS and you had not called them initially, it is most definitely a scam. A call from the IRS can be a terrifying thing, but stay alert to red flags. The IRS will not initiate calls to you to collect debt. The agency sends letters to collect taxes. Nor will they threaten to have you arrested or demand payment through wire money. There have been reports that scammers will also request payment of debt in the form of gift cards. Unfortunately, people are falling for these scams because they do not know this. Elders are especially vulnerable to this type of scam. 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 (6th Cir. 2016). Click here for more.