| Volume 127 Number 2 |
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The People’s Lawyer’s Tip of the Day
Even if you don’t pay rent, a landlord may not lock you out. A landlord may change the locks but must make a key available to the tenant to come and go 24-hours a day. Click here for more.
FDA Bans Chemicals Used in Antibacterial Soaps
After years of claims that antibacterial soaps are no more effective than regular soap and water, the FDA has banned companies from using certain ineffective ingredients in these soaps. According to the FDA, manufacturers could not demonstrate that the ingredients were safe for long-term use or more effective in spreading illness. Further, the FDA states that some data shows that certain antibacterial ingredients are more harmful. The banned ingredients include triclosan and triclocarbon that do kill bacteria, but no data suggests that they prevent infection when used as soap. However, once these ingredients were used in hand soaps, triclosan was soon detected in water supplies in multiple countries. Click here for more.
Your Money
Don't recognize a charge on your credit card statement? Or did you use your credit card to pay for an item that was broken when you bought it? Under certain cases you can obtain a refund through your credit card company. A dispute right may be available if you can document and support a mischaracterization of the goods or services or dispute concerning the quality of goods or services. After you make a reasonable effort to obtain a refund from the seller you can contact your credit card company to receive a refund, also known as a chargeback on your credit card. Additionally, if you have a charge on your card that you did not authorize, you have the right to dispute the transaction. Click here for more.
For the Lawyers
Arbitration designating NAF as forum unenforceable. Plaintiff signed an arbitration agreement providing that any disputes between her and her payday lender would be resolved by arbitration before the National Arbitration Forum (NAF). When plaintiff tried to take her case to arbitration, however, NAF refused to accept it pursuant to a consent decree that prohibited NAF from accepting consumer arbitrations. The Second Circuit agreed with the district court that the arbitration agreement contemplated arbitration only before NAF and thus, affirmed the district court's decision declining to compel arbitration before a different arbitrator. Moss v. First Premier Bank (2nd Cir. 2016). Click here for more.