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The People’s Lawyer’s Tip of the DayAs we age, it’s common to develop new aches, ailments, and illnesses — and then we often go online to learn about products and treatments to help maintain and improve our health. But a word to the wise: there’s a lot of false and misleading information out there, including what some promoters are saying about stem cell therapy. The truth is, stem cell products have not been shown to be safe or effective for most ailments, and could actually be harmful. Click here for more. Volkswagen recalls various VWs and AudisVolkswagen Group of America is recalling 45,496 of their vehicles. Your MoneyIndividuals buying a home, adopting a child, completing estate planning documents such as wills and advanced health care directives, or completing any number of legal procedures may find themselves in need of a notary. But after the coronavirus pandemic hit and virus spread continued to surge throughout 2021, the methods of getting a document quickly and safely notarized evolved. Click here for more. For the LawyersIn a suit for damages under the FDCPA, the mere risk of future harm, standing alone, cannot qualify as a concrete harm. The Sixth circuit dismissed a FDCPA case finding that under Spokeo Sanding has three components: "The plaintiff must have (1) suffered an injury in fact, (2) that is fairly traceable to the challenged conduct of the defendant, and (3) that is likely to be redressed by a favorable judicial decision.” Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016). At issue in the instant case was whether there was a concrete injury. The court, relied on a recent Supreme Court case, that held "in a suit for damages, the mere risk of future harm, standing alone, cannot qualify as a concrete harm." Rather, plaintiffs must demonstrate that the "the risk of future harm materialized," or that the plaintiffs "were independently harmed by their exposure to the risk itself." TransUnion LLC v. Ramirez, 141 S. Ct. 2190 (2021). Ward v. Nat'l Patient Account Servs. Sols., 2021 U.S. App. LEXIS 24369 (6th Cir. 2021) Click here for more. |
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