The People's Lawyer Consumer News Alert
Center for Consumer Law
  Volume 143 Number 38

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The People’s Lawyer’s Tip of the Day

Job losses have traveled hand-in-hand with the Coronavirus. If you’re having trouble paying your bills, you’re not alone. Here are a few things to keep in mind if a debt collector calls. Click here for more.


Earth Day to go digital on April 22

Consumers have had fewer opportunities to get out and enjoy nature lately due to COVID-19, but that doesn’t mean that the annual Earth Day celebration on Wednesday is being canceled. The Earth Day Foundation is encouraging consumers to tune in online for a full lineup of performances, messages, teach-ins, and calls to action on April 22 that are focused on fighting climate change. Viewers will be able to watch content from the group’s website. Click here for more.


Your Money

As millions of Americans experience a disruption in income as a result of the COVID-19 outbreak, more people than ever are looking for ways to lower living expenses. According to a recent online poll from U.S. News and SurveyMonkey, the majority of respondents are worried about the impact of the coronavirus on their finances, and 42% say their biggest financial concern is paying for day-to-day expenses. Stretching your budget doesn’t mean you have to completely cut out nonessentials. In fact, lowering your TV, internet and cellphone bills can be easily done by negotiating your rate. For many people, however, this may be intimidating.  Click here for more.


For the Lawyers

Judge denies motion by Trump and the Trump Corporation to compel arbitration related to multi-level marketing scheme. Judge Schofield of the Southern District of New York. denied the motion by Donald Trump, the Trump Corporation, and other Trump family members to compel arbitration of claims related to the multi-level marketing scheme CAN. Defendants argued that, because the plaintiffs had agreed to arbitrate any claims they might have against ACN, the same arbitration clause should force arbitration of any claims against the Trump defendants related to their endorsement of ACN. Judge Schofield found that the defendants had failed to show the required relatedness from the plaintiffs’ perspective between ACN and the Trump defendants in order to apply equitable estoppel: The relatedness prong is not met in this case. Plaintiffs claim that Defendants wrongfully held themselves out as offering an independent endorsement of ACN. Plaintiffs were not aware that ACN was paying Defendants to promote and endorse the company, and, consistent with that understanding, Plaintiffs did not treat ACN and Defendants as at least somewhat interchangeable with respect the plaintiffs’ rights and responsibilities under the relevant contract. Plaintiffs had no reason to know that Defendants were affiliated with ACN in a such a way that it would be unfair to allow Plaintiffs to avoid arbitration with Defendants, given their commitment to ACN to arbitrate. Click here for more.

 

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