| Volume 141 Number 59 |
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The People’s Lawyer’s Tip of the Day
Have you been scammed into wiring money through a company like MoneyGram or Western Union? The FTC has sued both companies over that issue and you may be able to get some money back. Click here for more.
Salmonella Outbreak Linked to Raw Turkey has Sickened 164 People
The Centers for Disease Control and Prevention (CDC) said on Thursday that a salmonella outbreak linked to raw turkey has sickened 164 people and resulted in one death. The outbreak has been going on since last November. In a warning to consumers ahead of Thanksgiving, the agency advises people to cook turkey thoroughly, making sure it reaches an internal temperature of at least 165 degrees Fahrenheit so that salmonella and other foodborne germs are destroyed. Click here for more.
Your Money
Walmart has taken the wraps off its plans for Black Friday deals, publishing its ad in hopes that shoppers will add those items to their shopping lists. The retailer has also introduced 18 Black Friday deals that are available starting today online. Those deals include an RCA 65-inch Class 4K Ultra HD LED TV for $399, marked down from $899. They also include a Lenovo IdeaPad 330s 15.6" Laptop with Windows 10 and an Intel processor, for $349. The regular price is $499. Click here for more.
For the Lawyers
Person may have a claim under the Fair Debt Collection Practices Act even if he denies owing the debt. Debt collector retained the defendant law firm to file a complaint against plaintiff arising out of an unpaid credit card debt. Plaintiff denied owing the debt and that lawsuit was dismissed. Plaintiff then brought this action under the FDCPA alleging that the defendants continued pursuing a lawsuit against him even after being informed that he was not obligated on the debt. Under the FDCPA, a “consumer” is defined as one who is “obligated or allegedly obligated to pay any debt.” Based on this definition, the district court dismissed the complaint, holding that plaintiff did not have standing to bring the action as long as he denied owing the debt because he was not “obligated or allegedly obligated” on the debt. The Seventh Circuit reversed, giving plaintiff leave to amend his complaint if necessary. The Court found that a plain reading of the FDCPA demonstrates that the phrase “obligated or allegedly obligated” did not require the plaintiff to allege he or she was obligated on the debt. Loja v. Main St. Acquisition Corp., 2018 WL 5077679 (7th Cir. Oct. 18, 2018) Click here for more.