The People's Lawyer Consumer News Alert
Center for Consumer Law
  Volume 142 Number 72

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The People’s Lawyer’s Tip of the Day

Unwanted calls are annoying. They interrupt your day, and many are meant to scam you. But what can you do about these calls? This video gives you some ways to stop unwanted calls on your mobile phone, so take a look. Click here for more.


Microsoft may go back to old update system to alleviate Microsoft 10 issues

Rather than dig itself a deeper hole in its trash heap of Windows 10 issues, Microsoft is making a pro-consumer move to try and reverse its recent bad luck with its operating system. A report from BleepingComputer claims that Microsoft is changing the operating system update process in Windows 10. In that alteration, "optional" updates will be shown in a separate screen that will give users the choice of picking which updates they would like to install and -- more importantly -- warnings about which updates the user does not need to install. In the past, Microsoft lumped all its updates in an “optional update” bucket where users could select their choice of update and pass on the rest. Click here for more.


Your Money

Every year, millions of Americans undergo orthodontic care to straighten their teeth. Whether they're seeking a cosmetic enhancement or improving oral health, one thing is certain: Treatment is expensive. Managing the high cost of orthodontic treatment can be done in a number of different ways, from shopping for the best price to maximizing tax-exempt savings accounts. Try these strategies to keep finances in check when trying to achieve better oral health. Click here for more.


For the Lawyers

Forum selection and class action waiver unenforceable under Georgia law. The Eleventh Circuit has affirmed that Georgia's Payday Lending Act (PLA) and the Georgia Industrial Loan Act (GILA) supersede contrary provisions in loan agreements. The PLA prohibits lenders from using out-of-state forum selection clauses, and both the PLA and GILA expressly permit class actions. Notwithstanding contract provisions waiving these rights agreed to by both parties to the contract, the court held that Georgia law "articulate[s] a clear public policy against enforcing forum selection clauses . . . and in favor of preserving class actions." Furthermore, the court rejected arguments that the PLA does not apply to out-of-state lenders, finding that such a holding would "undermine the entire purpose of the PLA." Thus, forum selection clauses and class action waiver provisions in loan agreements governed by the PLA and GILA were held to be unenforceable — and a class action alleging substantive violations of the Georgia lending laws has been allowed to proceed. Davis v. Oasis Legal Fin. Operating Co., LLC, 18-10526 (11th Cir. Aug. 28, 2019) Click here for more.

 

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