| Volume 142 Number 88 |
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The People’s Lawyer’s Tip of the Day
Winter is coming, which means open enrollment season is here. With 2020 just around the corner, now’s the time to add or change your health coverage through Medicare or the Affordable Care Act (ACA). You have until December 7 (Medicare) or December 15 (ACA) to make any changes. As you compare your options, watch out for scams. Here are some tips to protect your wallet and your personal information this open enrollment season. Click here for more.
Costco warns consumers about coupon scam circulating on social media
The scam coupon first showed up on Facebook, promising shoppers $75 in celebration of the company’s anniversary. Users were told they would be sent the voucher if they shared the image of the coupon. However, the links included in the post weren’t affiliated with Costco in any way. On its website, Costco gave other examples of scams that use its name, including surveys, pop-ups, emails about jobs, and fake checks. Click here for more.
Your Money
If you're short on funds and looking for resources to get through an emergency situation, you may have considered taking money out of your 401(k) plan. There are several specific circumstances when current employees can take 401(k) withdrawals to cover sudden costs. Retirement accounts are typically set up to allow withdrawals starting at age 59 1/2, and individuals who take distributions before that age can usually expect to pay a 10% penalty and income tax on the amount withdrawn. However, some plans make it possible for participants to take out funds early, if certain requirements are met. The following steps will walk you through the process of taking a hardship withdrawal, along with other financial options to keep in mind if you’re in a tight financial spot. Click here for more.
For the Lawyers
Browsewrap agreement enforceable. The Northern District of California noted that browsewrap agreements are not always unenforceable but reaching such a determination can be a highly fact-specific inquiry requiring significant discovery. AdultFriendFinder.com (AFF) is an online dating website. The website is generally free, although users can pay for particular upgrades and services. Users must register to use the site, and AFF collects users’ personal information as part of the registration process. Use of AFF is governed by the site’s Terms of Use (the Terms). Users don’t have to explicitly agree to the Terms in order to register or use AFF, but the Terms are readily available on the site, and they state that continued use of AFF constitutes acceptance. The Terms also include an arbitration provision. Gutierrez began using AFF at least as early as July 2003 and continued using it for over a decade. Throughout this time, he provided personal information to AFF, including his name, address, credit card information, and photos. Gutierrez alleges that, in October 2016, someone hacked AFF’s systems and downloaded the personal information of 339 million AFF users. Based on this security breach, Gutierrez brought a putative class action in the federal district court of the Northern District of California against FriendFinder Networks, Inc. (“FriendFinder”), which owns and operates AFF. FriendFinder sought to dismiss the action and compel arbitration, based on the arbitration provision in the Terms. The court found that Gutierrez did in fact agree to the Terms, despite the absence of evidence that he had ever viewed them, and granted FriendFinder’s motion to compel arbitration. According to the court, the Terms could be considered a browsewrap agreement because AFF did not require users to expressly indicate consent, or visit any page containing the Terms, before registering and using the site. Although browsewrap agreements are rarely enforced, the court found that the Terms were enforceable against Gutierrez in this instance. According to the court, Gutierrez was on inquiry notice that his continued use of the site would constitute an indication of his intent to be bound, and Gutierrez in fact gave such an indication by using the site after receiving the notice. Alejandro Gutierrez v. FriendFinder Networks Inc. Click here for more.