| Volume 135 Number 9 |
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The People’s Lawyer’s Tip of the Day
Are you in a dispute with a contractor or builder who did some construction on your home? Did he threaten to put a lien on your house if you don't pay? He may have the right to do so, but only if you and your spouse signed a written contract before the work began. Threatening a lien without the proper documentation violates our debt collection law, and wrongfully putting a lien on your property could entitle you to substantial damages.
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Supreme Court Rules Patent Laws Can’t Be Used to Prevent Reselling
The Supreme Court on Tuesday placed sharp limits on how much control patent holders have over how their products are used after they are sold. The case concerned Lexmark International, which makes toner cartridges for use in its printers. The court ruled that the company could not use patent law to stop companies from refilling and selling the cartridges. Anyone who refurbished, repaired or resold used products will now be protected from patent infringement claims. The ruling will also prevent manufacturers from forcing consumers to buy supplies only from the original source, reducing consumer prices. Click here for more.
Your Money
5 money mistakes young families need to avoid. It's important that you're making the most of your money and planning for the future. Not having a financial roadmap will leave you stranded with a mountain of debt. Making a few simple changes could prepare you for the future and give you the money that you need to enjoy it. Here are the top 5 mistakes to avoid: (1) not budgeting; (2) not having insurance; (3) not investing; (4) not having an emergency fund; and (5) not saving for college. Click here for more.
For the Lawyers
Debt collectors letter not disclosing debt was time barred violates Fair Debt Collection Practices Act. Assignee debt collector alleges that in 1993, consumer incurred a debt for annual fees, an activation fee, and late fees for a credit card that he applied for but never actually used. In 2013, long after the statute of limitations had run, collector sent a dunning letter trying to collect. The letter claimed that Patoja owed $1903 and offered several “settlement options.” The Fair Debt Collection Practices Act, 15 U.S.C. 1692e, prohibits collectors of consumer debts from using “any false, deceptive, or misleading representation or means in connection with the collection of any debt.” The Seventh Circuit affirmed the district court judgment for consumer, agreeing that the dunning letter was deceptive or misleading because it did not tell the consumer that collector could not sue on the time-barred debt and it did not tell the consumer that if he made, or even just agreed to make, a partial payment on the debt, he could restart the clock on the long-expired statute of limitations, bringing a long-dead debt back to life. Pantoja v. Portfolio Recovery Assocs., LLC (7th Cir. 2017). Click here for more.