| Volume 128 Number 9 |
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The People’s Lawyer’s Tip of the Day
If you win a prize you never have to make a purchase or pay taxes, fees or other expenses in advance. Anyone who demands an upfront fee for a prize is most likely trying to scam you. Click here for more.
T-Mobile Fined by FCC for Misleading Customers Over Unlimited Data
Wireless carrier, T-Mobile, has agreed to pay a $48 million settlement with the Federal Communications Commission for misleading customers over its unlimited data plan. In August, T-Mobile marketed a unlimited data plan that made customers believe that they were buying "better and faster" service. In reality T-Mobile slows down, or “throttles”, data speeds for customers that use a large amount of data. “Consumers should not have to guess whether so-called 'unlimited’ data plans contain key restrictions, like speed constraints, data caps, and other material limitations,” the FCC said in a statement. Click here for more.
Your Money
Food fraud is costing consumers billions of dollars of money each year worldwide, according to estimates from the Michigan State University's Food Fraud Initiative. Restaurants and food vendors tamper with food to make it cheaper, but charge you higher costs. For example, olive oil can be cut with cheaper oil and honey infused with banned antibiotics. Restaurants do not have to adhere to the same labeling rules as retailers. There are ways to protect yourself and ensure the food you order is what the menu says it is. If you are at a restaurant and ask where a certain fish on the menu comes from and they say, "I don't know," that may mean it's not the real deal according to author of Real Food, Fake Food, Larry Olmsted. Click here for more.
For the Lawyers
Common-law defense cannot be raised to defeat a claim under the Texas DTPA or the Insurance Code. In a case that involved a claim by an insured based on a policy he did not read, a Texas appellate court recognized that common law defenses cannot be raised to defeat a claim based on a misrepresentation under the Texas Deceptive Trade Practices Act or Insurance Code. The court noted that “appellant’s uncontested affidavit avers that he did not read the policy before accepting it because he relied upon Geisler’s assurances the policy provided coverage from 'loading to unloading,' as well as all of the scenarios appellant posited." Benson Scott Wyly v. Integrity Insurance Solutions (Tex. App.--Houston [14th] 2016). Click here for more.