| Volume 134 Number 6 |
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The People’s Lawyer’s Tip of the Day
When it come to mortgages, members of the military are treated differently. Only a judge can authorize a foreclosure on a protected service member’s home and can act only after a hearing where the military homeowner is represented. The law also caps a protected service member’s mortgage rate, as well as rates on all other credit, at 6 percent. Click here for more.
Cherokee Nation Sues Opioid Distributors, Pharmacies
The Cherokee Nation sued distributors and retailers of opioid medications on Thursday, alleging the companies have contributed to "an epidemic of prescription opioid abuse" within the tribe and have not done enough to prevent tribal members from acquiring illegally prescribed opioid painkillers. The tribe argues the companies regularly turn a "blind eye" to opioid prescriptions that would require further investigation before pills are dispensed. The lawsuit also alleges the companies have pursued profits instead of trying to reduce opioid-related addition that has taken the lives of hundreds of Cherokee citizens and cost the tribe hundreds of millions of dollars in health care costs.
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Your Money
11 Awesome Earth Day Sales for 2017. Retailers are also doing their part to raise Earth Day awareness, handing out free items and hosting sales on eco-friendly products. Some noteworthy sales include the following: Best Buy (Ends April 22) Earth Day sale on major appliances, encouraging consumers to cut energy and water costs by replacing outdated models with new, more efficient products. Target (April 17 – April 30) has teamed up with recycling company TerraCycle to help "upcycle" car seats, providing a coupon for 20 percent off any new car seat for shoppers who trade in a used car seat. Dick's Sporting Goods (April 17 – April 22) is running its "biggest bike sale of the year," slashing prices on two-wheelers and accessories by up to 50 percent. Ikea (April 22) is inviting shoppers to attend "Ikea Sustainable Living Your Way" from 9:30 a.m. to 6 p.m. For a full list and details click here. Click here for more.
For the Lawyers
Debt collection letter did not adequately disclose the “amount of the debt.” The Second Circuit held that a Payoff Statement violates the Fair Debt Collection Practices Act because it did not adequately state the amount of the debt. The court noted the Payoff Statement included a "Total Amount Due," but that amount may have included unspecified "fees, costs, additional payments, and/or escrow disbursements" that were not yet due at the time the statement was issued. The court explained that a statement is incomplete where, as here, it omits information allowing the least sophisticated consumer to determine the minimum amount she owes at the time of the notice, what she will need to pay to resolve the debt at any given moment in the future, and an explanation of any fees and interest that will cause the balance to increase. Carlin v. Davidson Fink LLP (2nd Cir. 2017). Click here for more.