| Volume 128 Number 3 |
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The People’s Lawyer’s Tip of the Day
Identity theft can happen after you file your taxes or even when you buy gas. Recovering from the theft and damage to your credit can be a nightmare. Fortunately, the government has created a helpful and simple step-by-step tool to assist you. Click here for more.
Google Unveils its Own Smartphone to Rival iPhone and Samsung
This week, Google introduced the Pixel and Pixel XL, smartphones in an exclusive partnership with Verizon Wireless. The internet giant hopes to market and distinguish the phone with Google's well-known technology for search engines. The phones feature Google Assistant, a digital assistant that uses artificial intelligence to help users search for information like news and driving directions or to turn on the lights in the user's house. The devices start at $649 for the Pixel and $769 for the Pixel XL. Click here for more.
Your Money
In the weeks after the Wells Fargo scandal customers are still reeling from the news that fraudulent accounts may have been opened in their names without their permission. Unfortunately, this can happen to anyone. A report by S&P Global analyzed the Consumer Financial Protection Bureau's consumer complaint database and found unwanted credit cards are a common complaint among consumers from a variety of banks. And it could be difficult to find out if you have an authorized account. You can call the bank and ask to review a full list of all the accounts under your name. If any of them were opened without your consent, notify the bank. If a card was opened without authorization, Wells Fargo states that it will work to reverse the inquiry with the credit bureau, close the account and help reverse any negative impact. Click here for more.
For the Lawyers
Letter offering settlement on a time barred debt did not threaten litigation and, therefore, did not violate the Fair Debt Collection Practices Act. A district court in New Jersey recently held that a letter offering settlement on a time barred debt did not threaten litigation and therefore did not violate the FDCPA. The court found that the FDCPA permits the debt collector to seek voluntary repayment so long as it does not initiate or threaten legal action. The court was persuaded by the fact that the letter set forth a single lump sum payment option and used the word “settle.” The court concluded that under the Circuit’s “least sophisticated consumer” standard, the letter did not threaten litigation. Lugo v. Firstsource Advantage (2016). Click here for more.