| Volume 142 Number 69 |
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The People’s Lawyer’s Tip of the Day
There's a new twist on the Social Security Administration (SSA) scam recently. Check out this SSA imposter robocall, which says your benefits will end. (That’s not true, by the way.) Click here for more.
Union goes on strike against General Motors
The United Auto Workers (UAW) union went on strike against General Motors (GM) at midnight Monday after contract negotiations reached an impasse. It’s the first walkout against GM in more than a decade. The strike idles about 46,000 workers at more than 50 GM facilities in the U.S. The union said its members voted to walk out after it became apparent that the two sides were not getting anywhere. The union is seeking to make up some of the ground it lost when it made concessions to all the automakers in the wake of the financial crisis. The walkout also comes amid GM belt-tightening that has involved the closing of some U.S. facilities. Last November, GM announced it was phasing out some of its sedans and transitioning to the automotive future, where consumers are purchasing fewer cars and being more discerning about the vehicles they buy. Click here for more.
Your Money
Saving consistently and sufficiently is one of the building blocks of a healthy financial life. After all, most Americans need emergency savings, a robust retirement account and medium-term savings for expenses such as college tuition or a home down payment. So, how do you know if you're on track with your savings? If you're looking for some rules of thumb and a sense of how you measure up against other savers, here's what to know: Click here for more.
For the Lawyers
Plaintiff in TCPA case must allege lack of consent. Many courts have come to the determination that a plaintiff's prima facie claim under the TCPA concerns alleging only that the plaintiff's cellular telephone was called using an ATDS. In their reasoning, those courts typically find that the lack of "prior express consent" is a defendant's affirmative defense, and therefore a plaintiff's claim is not defective for failing to allege any lack of consent or revocation of consent. Other courts, however, continue to find that allegations regarding the lack or revocation of consent is a necessary element of the plaintiff's claim - which, if not alleged, requires dismissal of the complaint. This is the position the Eastern District of North Carolina has taken has taken of what must be alleged under the TCPA. Click here for more.