| Volume 142 Number 17 |
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The People’s Lawyer’s Tip of the Day
You’ve probably shared your contact information online to, say, get details about a job opening. Usually, that’s fine. But sometimes you might be looking for one thing and wind up getting something else – like calls about stuff you never asked for or wanted. Click here for more.
The T-Mobile-Sprint merger may be in trouble
A published report is casting new doubt on the proposed merger of Sprint and T-Mobile, a union that already faces opposition from some consumer groups and lawmakers. The Wall Street Journal cites “people familiar with the matter” as saying the two telecom providers have been told by Justice Department staff that the merger is not likely to be approved as currently structured. The Justice Department’s antitrust division is examining the proposed $26 billion deal to determine if it would negatively affect competition in the industry. The merger would reduce the number of major carriers from four to three. That, consumer advocates say, would lead to higher costs, especially since both T-Mobile and Sprint tend to serve lower-income customers than AT&T and Verizon. Click here for more.
Your Money
You can love your smartphone, but not love your expensive data plan. That's why wireless carriers often advertise unlimited data plans. But how do you know how much data you've used and how much you need? To determine your data usage and pick a plan that matches your needs, read on for pro pointers and tips for lowering your bill. Click here for more.
For the Lawyers
Treble damages under the DTPA included in determining amount in controversy. A Texas U.S. District court considered whether the party requesting removal has carried its burden to show that the amount in controversy exceeds $75,000. The court noted that according to the Original Petition, the cost to repair damaged property is $19,764.34. In addition to this repair cost, plaintiff claims an unspecified amount in damages for mental anguish, attorneys' fees, 18% interest pursuant to the Texas Prompt Payment Act, and treble economic and mental-anguish damages pursuant to the DTPA. The court found that prevailing on her Prompt Payment Act claims would also entitle plaintiff to significant statutory interest, even at this stage, given that her claim has been pending for approximately three years. Merely trebling Horton's repair costs under the DTPA (without considering any mental-anguish damages) yields claimed damages of $59,293.02. This easily results in possible damages in excess of $75,000. Horton v. Allstate Vehicle & Prop. Ins. Co., 2019 U.S. Dist. LEXIS 61544 Click here for more.