The People's Lawyer Consumer News Alert
Center for Consumer Law
  Volume 135 Number 6

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The People’s Lawyer’s Tip of the Day

The law limits how long you may be sued for a debt. In Texas most debts have a four-year limitation period.  If you are sued after that time, you have a defense based on what the law calls the "Statute of Limitations."
 Click here for more.


Texas bill seeks statewide regulations for ride-sharing companies Uber and Lyft

A new bill awaiting the signature of Texas Governor Greg Abbot could allow ride-sharing services Uber and Lyft a chance to re-enter many cities that they previously had to vacate in the state, according to a Reuters report. Previously, cities such as Houston, Austin, Corpus Christi, and Galveston had insisted that ride-sharing drivers have fingerprint background checks before they could operate in their markets. But the new legislation, dubbed House Bill 100, would establish statewide regulations for ride-sharing services that supersede city rules. Lara Cottingham, deputy assistant director of administration and regulatory affairs in Houston, says that the ride-sharing industry is pushing for the change in order to avoid stricter regulations. "There is definitely a national, coordinated push from the industry to enact regulations for this type of transportation at the state rather than city level," she said.
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Your Money

Free up cash: 3 reasons to pay off your mortgage early. Signing a mortgage is quite the commitment. Not only are you locked into what could be a sizable monthly payment, but you're also pledging to continue paying that amount every month for up 30 years of your life. And while paying off a mortgage early is easier said than done, here are a few good reasons to eliminate that debt sooner than you technically have to. 1. You'll have less financial stress in retirement. 2. You'll free up cash for college tuition. 3. You'll slash your interest costs.  Click here for more.


For the Lawyers

Supreme Court holds state cannot say power of attorney must expressly state agent can consent to arbitration. The Kentucky Supreme Court had ruled that authority to bind a principal to arbitration must be explicitly stated in power of attorney violated the Federal Arbitration Act. Because the Kentucky Constitution declares the rights of access to the courts and trial by jury to be “sacred,” the court reasoned an agent could deprive her principal of such rights only if expressly provided in the power of attorney. The U.S. Supreme Court reversed. The Court found that the Kentucky Supreme Court’s clear-statement rule violates the Federal Arbitration Act, 9 U.S.C. 2, by singling out arbitration agreements for disfavored treatment. The FAA preempts any state rule that discriminates on its face against arbitration or that covertly accomplishes the same objective by disfavoring contracts that have the defining features of arbitration agreements. The FAA is concerned with both the enforcement and initial validity of arbitration agreements. Kindred Nursing Centers, L. P. v. Clark (Ky. 2017). Click here for more.

 

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