…is the title of this expose (from personal experience), in Vox. A telling passage: In most cases like this [i.e. attempting to collect a deceased's debt from his family], the family is not liable for the debts, something we informed them of — that is, if they asked. But if a family without an estate […]
Author Archives: Scott Michelman
We've written extensively about the problem of non-disparagement clauses in consumer contracts, and we've discussed the possibility of a legislative fix in California, proposed by former Assembly Speaker John A. Pérez. Public Citizen has supported and assisted in this and other ongoing legislative efforts to address the problem. I'm pleased to report today that the […]
The New Orleans Times-Picayune has the details about today's 153-page ruling from the U.S. District Court for the Eastern District of Louisiana.
I was surprised to learn, as the National Law Journal reported today: The recent settlement of the long-running legal dispute over modernization of the U.S. Supreme Court building included a pledge by the government not to give the contractor any negative ratings. Read more here (subscription required). I imagine it's unusual to see an entity […]
Check out this story from a recent episode of This American Life, with a tale of what happens in court when a debtor being sued insists on seeing evidence of the debt.
We told you yesterday about the online merchant Accessory Outlet, which demanded $250 from a consumer and told her she was "playing games with the wrong people" after the consumer said she would contact her credit card company about a transaction with Accessory Outlet. Now, Consumerist has compiled some additional, telling information — turns out, […]
Taking aim at some of the key causes of the financial crisis, the SEC approved rules on Wednesday that would require issuers of asset-backed securities — complex investments based on mortgages, auto loans or other types of debt — to disclose more information about the underlying loans. The rules are meant to help investors better […]
The march of the non-disparagement clauses continues. This time the business is Accessory Outlet, another web-based retailer. Its terms (fine print, as usual) prohibit “any complaint, chargeback, claim, dispute,” or “any public forum post, review, Better Business Bureau complaint, social media post, or any public statement regarding the order,” or threats to take any of […]
As the Washington Post reports, now heating up (in terms of money and ads) is the campaign over California's Proposition 46, which will go to the voters this November. One aspect of the measure would raise the cap on medical malpractice damages from $250,000 to $1.1 million — an important step for accountability in the […]
We've posted before on the subject of contract formation in the digital age (see here, for instance). A key question is: what online terms can a consumer be held to if she hasn't read them? The answer depends on how prominent the terms were, whether the consumer had to indicate assent, and whether a reasonable […]