| Volume 143 Number 71 |
Subscribe to the Newsletter
Forward this news alert to your family and friends
Helpful Links
Texas Consumer Complaint Center
Credit Reports and Identity Theft
Your Guide to Small Claims Court
Contact Us
1-713-743-2168
The People’s Lawyer’s Tip of the Day
When you’re having trouble paying your credit card bills, getting a lower interest rate to keep your balance in check could be a game changer. Unfortunately, companies that promise to get you those lower rates often end up leaving you deeper in debt. Click here for more.
Chrysler recalls Town and Country & Dodge Grand Caravan and Nitro vehicles
Chrysler is recalling 925,239 model year 2008-2010 Chrysler Town and Country, and Dodge Grand Caravan and model year 2007-2011 Dodge Nitro vehicles.
The vehicles may have a loose or missing brand emblem in the center of the steering wheel. The loose emblem or the securing nuts for the emblem within the driver airbag module may become projectiles in the event of a driver airbag deployment, increasing the risk of injury. Click here for more.
Your Money
When it comes to paying for health insurance, it's important to understand your health insurance premiums, including how much you're paying each month and their impact on your overall health care expenses. Savvy health care consumers should consider ways to reduce the cost of premiums but also understand that they are just one component of medical costs, which can include deductibles, copayments and other fees. Looking to understand these payments and how to lower their cost? Here's what to know about health insurance premiums. Click here for more.
For the Lawyers
Separate violations of FDCPA are subject to new statute of limitations. The Fourth Circuit joins the Eighth and Tenth Circuit, holding each violation of the FDCPA gives rise to a separate claim governed by its own statute of limitations period. Homeowner alleged numerous violations of the Fair Debt Collection Practices Act by a law firm between April 16, 201 and Feb. 6, 2018. On April 5, 2018, the homeowners filed a complaint against the law firm under the FDCPA. In their complaint, the homeowners alleged that the law firm violated various provisions of the FDCPA by engaging in unfair debt collection practices and by improperly communicating with the homeowners after they had disputed the debt and had made a written request that the law firm cease further communications. The law firm responded by seeking dismissal of the complaint as untimely or, in the alternative, for summary judgment. The trial court granted the law firm’s motion to dismiss the complaint based on the statute of limitations holding that the entire complaint was time-barred because the more recent violations that the homeowners alleged were of the “same type” as other violations that occurred outside the one-year limitations period. The homeowners appealed. To the Fourth Circuit.The sole question on appeal was whether the trial court erred in concluding that all the homeowners’ claims were barred by the FDCPA’s statute of limitations. The Fourth Circuit first acknowledged that under the FDCPA, claims must be brought “within one year from the date on which the violation occurs.” 15 U.S.C. § 1692k(d). The Court noted, however, that nothing in the FDCPA suggests that “similar” violations should be grouped together and treated as a single claim for purposes of the FDCPA’s statute of limitations. The court found that a “separate violation” of the FDCPA occurs “every time” an improper communication, threat, or misrepresentation is made. The Court concluded that Section 1692k(d) establishes a separate one-year limitations period for each violation of the FDCPA. See also Demarais v. Gurstel Chargo, P.A., 869 F.3d 685, 694 (8th Cir. 2017); Llewellyn v. Allstate Home Loans, Inc., 711 F.3d 1173, 1188 (10th Cir. 2013). Bender v. Elmore & Throop, P.C. Click here for more.