| Volume 139 Number 2 |
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Richard Cordray is stepping down as head of Consumer Financial Protection Bureau Click here for more.
The People’s Lawyer’s Tip of the Day
Open enrollment is here. Whether you’re eligible for Medicare, selecting a plan through the Affordable Care Act (ACA), or have private insurance, you have until December 15 to compare plans and make coverage changes. But as you’re keeping an eye out for the best options, also keep an eye out for scammers. Here are a few tips for avoiding scams this open enrollment season. Click here for more.
Beware of phishing scams this holiday season
Cyber criminals tend to be more active during the holiday season because of the increase in online purchases, with scammers focusing on stealing banking and credit card information. According the Anti-Phishing Working Group (APWG), in November of 2016, over 64,000 unique phishing email campaigns were reported targeting more than 330 different brands. Of consumers who followed phishing links, 31% downloaded a computer virus, 30% had their financial information stolen, 7% lost money, and 6% were tricked into buying a fake product. If you feel that you have been phished, and especially if you believe it may have led to identity theft, you should file a police report. Another step you can take is to update your antivirus software and use it to run a full system scan to see if your computer has a virus. Click here for more.
Your Money
Don’t Fall for These 4 Common Black Friday Scams: (1) Doorbusters are few and far between, fine print below the deal reveal there are limited quantities available; (2) Discounts are often inflated, a NerdWallet study found that some stores inflated the amount of certain Black Friday discounts to make deals appear better than they actually were; (3) Price matching may be exempt, many retailers suspend or limit their price-matching policies on Black Friday; & (4) Fine print is everywhere, retailers have a way of making some sales difficult to actually claim. Click here for more.
For the Lawyers
Amazon’s arbitration clause in its Conditions of Use is enforceable. The Ninth Circuit recently affirmed an order compelling individual arbitration of deceptive pricing claims in a putative class action against Amazon. Amazon moved to compel individual arbitration of the Plaintiff’s class claims based on the written arbitration agreement in its Conditions of Use. Its Motion to Compel explained that the Plaintiff was presented with a notice of and link to the Conditions of Use on at least two notable occasions, the first being when he registered for an account and clicked on a “Create account” button. Below the “Create account” button and above the “Place your order” button were similar notices—both with hyperlinks in contrasting blue text—that told the Plaintiff that clicking the buttons not only created an account and placed an order, but also acknowledged Plaintiff’s acceptance of the Conditions of Use. The Ninth Circuit enforced the arbitration provision in the Conditions of use, recognizing that, under basic principles of contract law, online consumer contracts may be enforced so long as notice is conspicuous and acceptance is unambiguous. Wiseley v. Amazon.com, Inc., (9th Cir. 2017). Click here for more.