The People's Lawyer Consumer News Alert
Center for Consumer Law
  Volume 141 Number 75

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The People’s Lawyer’s Tip of the Day

The National Do Not Call Registry gives you a choice about whether to receive telemarketing calls. Click here for more.


Know These Year-End Tax Tips for 2018

Tax planning isn't the way most people want to spend their free time during the holidays. However, planning now can save money in the long run. Here are five things to do before the end of the year to cut your 2018 tax bill. Click here for more.


Your Money

Experian has launched an initiative that it says will help many consumers instantly raise their credit score. It’s called “Experian Boost,” and the credit bureau says it will significantly influence how consumers get access to credit. There are several ways consumers can raise their credit scores. First and foremost, they should pay all of their bills on time, but some bills count more than others.  Click here for more.


For the Lawyers

Blind customer not bound by arbitration agreement. The First Circuit held that an arbitration agreement, allegedly entered into on a Point of Sale (POS) device was not binding on a blind customer, unable to read and not told about the terms. The court noted that, "a court should not compel arbitration unless and until it determines that the parties entered into a validly formed and legally enforceable agreement covering the underlying claims(s)." It further stated, “There can be no mutual assent or meeting of the minds -- and hence no contract -- if the one to whom the offer is supposedly made is unaware of the contract's terms and conditions.” Based upon the lack of any evidence that the in-store plaintiffs had any knowledge, actual or constructive, that arbitration terms applied to their enrollment in the loyalty program, the court concluded that the store failed to meet its burden of establishing that an agreement to arbitrate was ever consummated between it and the in-store plaintiffs. The court also held that because the store unilaterally retained the right to alter the terms of the loyalty program, including the arbitration provision, "at any time," the agreement was illusory. National Federation of the Blind v. The Container Store, Inc. (1st Cir, 2018) Click here for more.

 

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