2/22/10
Consumer Economic Protection Act of 2009
(0 comments)
On September 9, 2009, the livelihood of debt buyers (persons or companies who acquire delinquent or charged-off debts and seek to recover on these debts) in North Carolina was dealt a big blow by the North Carolina General Assembly. The Consumer Economic Protection Act of 2009 requires debt buyers filing lawsuits on unpaid debts to provide specific documentation showing they have the legal right to enforce the debt. Additionally, the Act requires debt buyers to verify the amount of the debt. The Act places the burden of proof on the debt buyer from the very beginning of an unpaid debt lawsuit. Violations of the Act can result in dismissal of the lawsuit and provision of monetary damages to the debtor.
Unfortunately, debt buyers, agencies, and collectors who filed suits prior to October 1, 2009 are not subject to the Act and many use this fact to take advantage of unsuspecting debtors. These debt collectors often lack many of the documents and evidence to fully prove the nature and amount of the debt they claim they are owed. Often debt buyers try to recover on debts that are outside of the statute of limitations or that were paid in full by the debtor. Even in the case of legitimate debts the debt collectors sometimes play fast and loose with the facts and the law in an effort to obtain judgments and exert further pressure on the debtor. The new law, which can be viewed here, is meant to help level the playing field for the debtor and encourage fair debt collection practices by debt buyers and collectors.
We should all pay our legitimate debts but debtors have rights too. State and federal law provide certain protections for the debtor and attempt to even the playing field. If you feel that you are being abused or harassed by a debt collector do not give in to the pressure and agree to pay the debt. Contact an experienced lawyer and discuss your situation.
Posted by liz at February 22, 2010 7:24 AM CST
2/2/10
Toyota's 6M Vehicle Recall
(0 comments)
Over the last six months, Toyota has recalled approximately 6M vehicles due to reports of sudden unintended acceleration (SUA).
Obviously, many vehicle owners are probably wondering what they should do if their vehicle surges out of control or accelerates without any way to stop the car before their vehicle is fixed by the dealer.
Click here for advice from experts, and it should go without saying that if you get a recall notice, please take your vehicle in immediately for the recommended fix. But if your car suddenly accelerates and the throttle won't stop, the link above provides information about the recommended way to avoid accident or injury.
Posted by liz at February 2, 2010 2:06 PM CST
1/25/10
Mediating Family Law Cases: Dollars and Sense
(0 comments)
Mediation is a process for resolving legal issues that is particularly well suited to family law cases. Mediation usually provides significant legal, financial and practical advantages for clients. Compared to going to court, mediation provides more tailored resolutions for less money and is less destructive for families. Many courts require mediation in family law cases. In order to take advantage of the benefits of mediation ask your attorney about mediation early in your case, make sure you have the necessary information to make decisions at mediation and remember that any agreement will have to fill the needs of both parties, not just yours.
Posted by liz at January 25, 2010 7:35 AM CST
12/21/09
Are your holiday gifts safe to give?
(0 comments)
The holidays are a time for gift giving, and if your household includes children age 12 or under, that probably means some toys. How do you know if the toys you are giving are safe?
The United States Consumer Product Safety Commission (CPSC) is a federal agency that is tasked with, among other things, regulating the safety of children's products. A child product is defined by the CPSC as any product that is primarily intended for children 12 and younger. The CPSC maintains a very helpful website that serves as a clearinghouse for all recalls and product safety news. Any parent concerned about the safety of a toy can easily check this website (http://www.cpsc.gov/cpscpub/prerel/prerel.html) to learn about any related recall news. Conveniently, the website allows parents to search by the type of hazard (i.e., choking, asphyxiation, etc.) and this helps parents steer clear of hazardous or dangerous items that they might otherwise not know about.
Choking hazards
A toy that poses a choking hazard can result in serious injury to a child, and young children should not use these defective items. Recently, there have been several choking and asphyxiation related recalls.
On October 26, 2009, the CPSC issued a warning to parents and caregivers to stop using "My Baby Soother" pacifiers. These pacifiers failed to meet federal safety standards because the nipples can easily separate from the base of the pacifier posing a choking hazard to infants or toddlers. You can read about this warning here (http://www.cpsc.gov/cpscpub/prerel/prhtml10/10021.html)
On December 8, 2009, Evenflo and the CPSC announced a voluntary recall of the Evenflo ExerSaucer® 1-2-3 Tea for MeTM Activity Learning Center. According to the CPSC, there have been 11 reports of one of the toy flames on this product detaching, which poses a choking hazard to young children. You can learn more about the models affected by clicking here. (http://www.cpsc.gov/cpscpub/prerel/prhtml10/10057.html)
Even products that are visibly large enough to avoid choking risk may sometimes pose a choking hazard to small children. Snap Beads is a product where the child snaps large plastic beads together. Under repetitive pressure, however, the tips of the snap bead pegs may break off, which poses a choking risk to small children. This product was voluntarily recalled on December 8, 2009 by its distributor and the CSPS. More information on this recall is available here: (http://www.cpsc.gov/cpscpub/prerel/prhtml10/10709.html)
Lead paint
The CPSC has promulgated lead paint standards to make sure our children are not exposed to dangerous chemicals when playing with toys.
On November 5, 2009, around 10,000 units of Young Artist Easels were voluntarily recalled due to a violation of the CPSC's lead paint standard. According to the notice, the chalkboard surface of the easels were surface coated with high levels of lead in violation of the federal lead paint standard. The notice can be found here. (http://www.cpsc.gov/cpscpub/prerel/prhtml10/10032.html)
Children's jewelry and pendants are often a source of lead paint as well. Team Work Trading recently expanded a previous recall from September of 2009 along with the CPSC. These pendants contained high levels of lead and pictures of the pendants can be viewed on the November 25, 2009 recall announcement here. (http://www.cpsc.gov/cpscpub/prerel/prhtml10/10049.html)
Of particular note to families in North Carolina and throughout the Southeast, the CPSC and the distributor of Super Rigs Play Sets recalled a number of the toy trucks voluntarily. These play sets were manufactured in China and sold in the Southeastern United States this year. They contain high levels of lead paint beyond the federal minimum standard and should be avoided by parents. You can read about these toy trucks and see representative pictures here: (http://www.cpsc.gov/cpscpub/prerel/prhtml10/10061.html)
It would be impossible to list all the recalls of each toy on this blog post, however the CPSC's website is an invaluable source of up to date information on lead paint, choking, and other hazards that affect many children's toys. When you're opening up presents and you want to make sure they are safe, cross checking the items with the CPSC's database is a good way to help make sure those toys are safe to use.
Posted by liz at December 21, 2009 11:12 AM CST
