| Volume 143 Number 88 |
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The People’s Lawyer’s Tip of the Day
What’s worse than a bogus charity? A bogus charity with a dishonest fundraiser. When you get a call from a charity fundraiser, how do you know the caller is telling you the truth? Here are a few tips: Click here for more.
Southwest Airlines updates COVID-19 policies for both passengers and employees
With an end-all and be-all of the COVID-19 pandemic still undetermined, Southwest Airlines is renewing its vow to support the well-being and comfort of both its customers and employees by continuing to limit the amount of seats sold on every flight to allow middle seats to remain open.
People flying together as family and friends still have the option of sitting together and will be allowed to occupy a middle seat if they like.
Health-conscious Thanksgiving holiday travelers will be happy to know that the airline’s commitment will last through Nov. 30. As part of its COVID-19 plan, the airline will continue to require face masks to be worn at all times. It will also enforce physical distancing measures in airports and onboard aircraft and rigorously clean its facilities and aircraft every single day. Click here for more.
Your Money
Starting in September, some workers may see their paychecks looking a little fatter, thanks to President Donald Trump's payroll tax deferral that postpones the withholding of Social Security taxes until January 2021. But it's important to note two things about this four-month 6.2% salary boost. First, while some call it a payroll tax cut, it is technically a deferral and, as it stands, those taxes will need to be repaid starting in January. Second, many workplaces are deciding not to offer this payroll tax holiday due to administrative hurdles or the challenges created by the requirement to repay the money. Click here for more.
For the Lawyers
Court refuses to compel TCPA case to arbitration. The Arizona district court held that a contract between a customer and dealer with an arbitration clause did not apply to a subsequent TCPA suit. The defendant allegedly sent illegal marketing text messages to its customer who had recently purchased a vehicle. The vehicle purchase contract contained an arbitration provision applying to all disputes “which arise out of or relate to this Agreement or any resulting transaction or relationship.” The defendant moved to compel arbitration arguing that the texts were sent in furtherance of the relationship arising out of the agreement; i.e. the business/customer relationship. The court disagreed, noting: Here, the arbitration clause does not encompass the dispute at issue. The subject of this suit does not "touch matters" covered by the Agreement because this suit is the result of Defendant's extra-contractual actions, unrelated to the promises outlined in the parties' contract. The Agreement was for the purchase of a vehicle, and this suit concerns Defendant's subsequent attempts to solicit new business. Although courts interpret arbitration agreements broadly, they must be bound by some limiting principle which excludes wholly unrelated conduct between the parties. Briggs v. Pfvt Motors Llc, No. CV-20-00478-PHX-GMS, 2020 U.S. Dist. LEXIS 163949 (D. Az. September 8, 2020) Click here for more.