| Volume 130 Number 7 |
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The People’s Lawyer’s Tip of the Day
Many debt collectors are now buying very old debts. If the debt collector threatens to sue you for a debt that is more than four years past due, he violates federal law, the Fair Debt Collection Practices Act. Click here for more.
San Francisco Puts the Brakes on Uber Self-Driving Cars
Immediately after Uber announced it would introduce self-driving cars in San Francisco, the state issued a cease and desist letter to the company. The California Department of Motor Vehicles told Uber that it cannot continue self-driving operations on public roads until it obtains proper permits, or else the state will sue the company. An Uber executive stated that the vehicles are not autonomous and more like "adaptive cruise control," which is why they never met state regulations. Click here for more.
Your Money
Do you deposit checks by taking pictures of the check through your bank's mobile website? Always be sure to write "Deposited" on the check after you send the images to the bank or else you could be held responsible if the check is stolen. One woman in Arizona learned this the hard way. Two months after depositing a check through her bank mobile app she learned that someone stole the physical check. The thief deposited the $1,500 check and Bank of America took the funds out of her account and refused to give her a refund for the fraud. Bank of America held her responsible because she failed to write "Deposited" on the check and destroy it once it was cleared. To avoid this happening to you, read the fine print of any banking document, showing the terms of what your responsible for in any transaction. Know how long to hold on to the original document and if there is a problem, make sure to dispute within 60 days. Click here for more.
For the Lawyers
HOA fine is debt for purposes of Fair Debt Collection Practices Act. Plaintiffs filed suit against defendants, alleging that the five letters sent to them between May 16 and December 13, 2013 violated the Fair Debt Collection Practices Act (FDCPA). The district court granted summary judgment to defendants. The Eleventh Circuit reversed. The court concluded that the district court erred in concluding that the HOA fine at issue is not a debt for FCCPA purposes and granting summary judgment on that basis. Agrelo v. The Meloni Law Firm (11th Cir. 2016). Click here for more.