| Volume 143 Number 86 |
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The People’s Lawyer’s Tip of the Day
Are you getting pop-up warning messages on your computer screen? Or maybe a phone call that your computer has a virus? That may well be a tech support scam. But how do you know? And what do you do? Click here for more.
Hyundai-Kia recalls nearly 600,000 cars over defect that can cause vehicles to catch fire
Hyundai and Kia are recalling nearly 600,000 cars in the U.S. because of a defect that the companies say could cause the vehicles to catch fire.
The affected vehicles are the 2013 through 2015 model years and include 283,803 Kia Optimas from 2013 to 2015 and 156,567 Kia Sorentos from 2014 and 2015. The recall involves 151,000 Hyundai Santa Fe SUVs from the 2013 to 2015 model years.
The jointly owned companies say the problem is caused when brake fluid leaks inside a hydraulic control unit for the anti-lock brakes. When that happens, it can cause an electrical short which can spark a fire. It’s not exactly a new issue because the automakers have been investigating it since 2018. Click here for more.
Your Money
You can get a personal loan with bad credit, but it may not be easy. A lender can reject your application if you fail to meet requirements. With an unsecured personal loan, which is supported only by someone's creditworthiness, a lender takes a risk that the borrower will make payments and honor the terms of the loan. Lenders determine the level of risk by examining your finances. A lender may also need to confirm that you are employed and review your pattern of employment. While your job history alone may not disqualify you, your loan may be denied if you don't meet all of the lender's criteria. Click here for more.
For the Lawyers
Arbitrability of TCPA claim is up to arbitrator. Plaintiff bought a car from defendant in 2015. In doing so he signed an Arbitration Agreement and a Personal Information Notice. The agreement was broadly worded – covering “all claims, demands, disputes, or controversies of every kind or nature” relating to the transaction between the parties. Any arbitration was to be conducted pursuant to the provisions of the Federal Arbitration Act and “according to the Commercial Rules of the American Arbitration Association” (AAA Rules). Four years later, in 2019, Mr. Mendoza alleged that the defendant sent four prerecorded voicemail marketing messages to his phone. He filed a class action lawsuit asserting TCPA violations. The United States Court of Appeals for the Fifth Circuit, after a de novo review, reversed, remanded and instructed the District Court to send the case to arbitration – “on the threshold question of arbitrability….” The Fifth Circuit noted that it was expressing “no views on the scope of the arbitration clause or the merits of the underlying dispute.” Manual Mendoza v. Fred Haas Motors, Limited, 2020 U.S. App. Lexis 27779, Case No. 20-20123 Click here for more.