The People's Lawyer Consumer News Alert
Center for Consumer Law
  Volume 133 Number 10

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The People’s Lawyer’s Tip of the Day

Sometimes you just can’t resolve your consumer problems yourself and need help. Well help is here. The Texas Consumer Complaint Center can help you with just about any type of consumer problem. Contact us at www.texasccc.com
 Click here for more.


EpiPen expands auto-injector recall to U.S.

A defective part may cause the injector to fail.
In the United States, the recall applies to 13 lots of both EpiPen and EpiPen Jr. auto-injectors distributed between December 17, 2015, and July 1, 2016. Patients can receive another EpiPen or an authorized generic version at their pharmacy, Mylan said. In the meantime, they should continue to carry and use their current EpiPen until they acquire a replacement.
 Click here for more.


Your Money

College savings plans and other good accounts for saving for your kids Opening a savings account in a child's name may seem like a really smart move, a way to give a little one a head start on a lifetime of thrift. However, it's a decision that you might come to regret when college years approach. Picking the wrong savings vehicle for your children's future college cash needs could cost them thousands in avoidable taxes and missed financial aid. Because financial aid is determined based on income and assets from the year prior to applying for aid -- in most cases, the student's junior year in high school -- students with sizable savings in their name could end up losing a large sum of free college money. Fortunately, there are several ways for parents to save that will not put their children's future financial aid in jeopardy. Here are four places to safely stockpile cash: (1) 529 college plans; (2) prepaid tuition plans; UGMA and UTMA accounts; and (4) Roth IRA.  Click here for more.


For the Lawyers

New York law prohibiting credit card surcharge regulates speech. Merchants challenged a New York law that requires single pricing and prohibits imposing a credit card surcharge. The District Court ruled in favor of the merchants. It read the statute as “draw[ing a] line between prohibited ‘surcharges’ and permissible ‘discounts’ based on words and labels, rather than economic realities.” The Court of Appeals for the Second Circuit vacated the judgment of the District Court with instructions to dismiss the merchants’ claims. The court held that price regulation alone regulates conduct, not speech, the Court of Appeals concluded that the law did not violate the First Amendment. The Supreme Court found that the statute in fact regulated speech. The Court held that because the Court of Appeals concluded otherwise, it did not determine whether the law survives First Amendment scrutiny. The Supreme Court noted that on remand the Court of Appeals should analyze the law as a speech regulation. Expressions Hair Design v. Schneiderman, (Mar. 29, 2017). Click here for more.

 

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