"Wal*Mart shutting down DRM server, nuking your music collection — only people who pay for music risk losing it to DRM shenanigans" [BoingBoing]
(Photo: Kamoteus and Joe Mad)

The court ruled the class-action waiver clause, included in every single cellphone contract and many other types of contracts, was "unconscionable," as it denied consumers basic protections. Here's the kill quote from the Opinion: "Courts will not be easily deceived by attempts to unilaterally strip away consumer protections and remedies by efforts to cloak the waiver of important rights under an arbitration clause."

Read full Supreme Court Ruling here.

Court says AT&T can't force arbitration [Seattle Post-Intelligencer] (Thanks to Mark!) (Photo: Todd Kravos)

[b]eginning before late 1998 or early 1999, Defendants began communicating with each other and their co conspirators concerning the imposition and use of mandatory arbitration clauses.” After preliminary meetings and communications, the banks formed an “Arbitration Coalition” to recruit other credit card issuers into using mandatory arbitration clauses. Over the next four years, the Arbitration Coalition held more meetings, shared plans for the adoption of arbitration clauses, and spun off additional working groups. Ultimately, “Defendants jointly forced unwilling and unaware cardholders to accept arbitration clauses and class action prohibitions on a ‘take-it-or-leave-it basis’ through the joint exercise of immense market power.”

The cardholders argue that the banks’ collusion violated the antitrust laws. According to Plaintiffs-Appellants, the banks conspired in order “to immunize themselves from economic responsibility for antitrust and consumer protection violations, and to reap supra-competitive profits from their cardholders.” The cardholders also contend that the alleged collusion produced several market effects, including the creation of a “non-price trade advantage over cardholders” and the removal of any economic incentive for the banks to comply with antitrust and other laws, thereby shifting the risk and cost of their non-compliance to cardholders. The collusion is also alleged to have resulted in an increase in dispute related costs to individual cardholders (including monitoring the banks’ conduct and seeking relief through costly individual arbitrations), the removal of all non-arbitration credit cards from the market, thereby depriving the cardholders of meaningful choice in the area of credit card services, and a diminution in the overall quality of credit services offered to consumers.

The Complaint sets forth two antitrust claims against the banks. The first claim alleges a conspiracy to impose mandatory arbitration clauses in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1. The second claim alleges that the banks participated in a group boycott by refusing to issue cards to individuals who did not agree to arbitration, also in violation of Section 1

The Ortho patch releases high levels of estrogen and can cause problems for some patients, but J&J says it's the FDA's fault for not requiring a label sooner:

The F.D.A. did not warn the public of the potential risks until November 2005 — six years after the company's own study showed the high estrogen releases. At that point, the product's label was changed, and prescriptions fell 80 percent, to 187,000 by last February from 900,000 in March 2004.

Gloria Vanderham, a Johnson & Johnson spokeswoman, said the company acted responsibly.

"We have regularly disclosed data to the F.D.A., the medical community and the public in a timely manner," Ms. Vanderham said. "Ortho Evra is a safe and effective birth control option for women when used according to the labeling."

But Janet Abaray, a plaintiff's lawyer from Cincinnati, said that Johnson & Johnson took advantage of an agency overwhelmed by its many responsibilities.

"Johnson & Johnson knew that F.D.A. does not have the funding or the manpower to police drug companies," Ms. Abaray said.

38.6% demanded more money than allowed by law
19.7% harassed consumers with repeated calls
9.2% used obscene, profane, and abusive language
2% called before 8am or after 9pm
.3% threatened violence
6.5% falsely threatened lawsuits
13.2% called third parties repeatedly to get information about the consumer

Here's more information about the FDCPA. You can lodge complaints with the FTC about FDCPA violations by calling filling out this online form or calling 1-877-FTC-HELP.

A federal appeals court has rejected a law requiring airlines to provide food, water, clean toilets and fresh air to passengers trapped in a plane delayed on the ground.

The 2nd U.S. Circuit Court of Appeals ruled Tuesday that New York's new state law interferes with federal law governing the price, route or service of an air carrier. It was the first law in the nation of its kind.

The appeals court said the new law was laudable but only the federal government has the authority to enact such a regulation.

The law was challenged before the appeals court by the Air Transport Association of America, the industry trade group representing leading U.S. airlines.

Court overturns passenger rights law [AP] (Thanks to Brandon Savage!)

We need to eliminate fees that are just costs of doing business tacked on the backend. We need contracts that are living and negotiable, without grossly lopsided clauses. We deserve straightforward shopping with upfront pricing, without asterisks, for safe products. But we can't wait for Congress, or the next President, to feel like reviving the emaciated agencies of the FCC, FTC, and CPSC. It's up to you to protect your consumer rights. Do your research. Ask questions. Knowing who to and how to complain when things go wrong. Get informed. Vote with your dollar. Your new policy? "It's company policy," is not a valid explanation for ripping you off.

My eyes skimmed over the words... forgo constitutional rights... American Arbitration Association... binding... I thought about all the other arbitration agreements I had signed: cellphones, rental cars, and credit cards—why was it a problem now? I also thought about how I had written post after post about how arbitration strips consumers of their rights... how arbitrators that rule in favor of corporations get most of the work... how I had urged people to support the Arbitration Fairness Act. I signed everything except the arbitration form and slipped it between the papers and handed it back...

I hoped that maybe it would go unnoticed, but the receptionist looked through all the papers and said, "Oh, we need you to sign this one." The acupuncturist arrived and got in the conversation, which went something like this:

ME: I'm sorry, it's nothing against you guys, I have no plans to sue you, I just don't feel comfortable giving up my constitutional rights.
THEM: Well, it's just something we have to have you sign for our malpractice insurance.
ME: Are you going to deny me treatment if I don't sign it?
THEM: We have attorneys come in here all the time and they even say that it wouldn't hold up in a court of law...
ME: Oh, it'll hold up, believe me. Are you going to deny me treatment if I don't sign?

Then they gave in and let me get stabbed with needles without signing an arbitration agreement. I wasn't trying to be a hardass, I just genuinely felt physically distressed when I saw that word staring back at me. ARBITRATION. Consumer Rosa Parks I'm not, but being able to negotiate the contract process, object to what I felt objectionable, and still get the services rendered, felt good.

Here's his typical expenditure for a small claims suit: $24 and 45 minutes. The $24 is the cost to file a claim. The 45 minutes includes his total time of driving to and from court to file, as well as the time spent on the phone with the company when they call to settle.

See, in all cases, he hasn't even had to go to court: the company calls him up the day before the court date and gives him a settlement. It seems they prefer to do that then pay to fly a company representative who isn't fully versed on all the facts to court. Here's his true story of how he got what he deserved from Tmobile and Washington Mutual, without breaking a sweat.

Bill writes:

Twice I have taken T-Mobile to Small Claims court. Each time I asked for payment of my many hours of time, to have early termination fees waived and to have money refunded to me for equipment that never worked. Each time they have called me and settled for what I was asking. Then I would tell them to apply the settlement to my account. Since I'm a heavy user of my cell phone and I know that changing companies is just another set of headaches, I opt to stay put. Mostly because I know how to fight this monster. In those two cases combined, I have got my $2912.00 back. Settling the case.

Washington Mutual bank had taken overdraft fees of $58.00 even though the check was deposited and they didn't clear it when they said it was immediately available. I took them to small claims and asked for $2,058.00. $2000 for the impact it caused and for punitive. They called 7 days before the court date and sent me a check, settling the case for exactly what I asked for. I have not had a problem with them since.

It important to note that corporations can't use an attorney in small claims and they have to send (fly) a representative that is NOT fully versed on the facts. It's easier to just pay from their point of view. In small claims, they are stripped of their lawyers and the odds are in favor of the consumer. [ed. Depends. In some states, companies can send their lawyers.]

The bigger point that I'm making here is that perhaps to the average consumer this is a lot of hassle. However, if a reasonable person was to take a look at this from a time management point of view, here was my total investment in money and time: $24 to file the small claims, 45 minutes total on each case, that includes driving to the court to file and talking with them on the phone once to get the settlement.

It's understandable why consumers do not want to sue and to try to work it out. But in reality, that is a lot of aggravation, time for the least amount of gain. However, the satisfaction of wining and getting paid for it is unbeatable. Now, I do not get upset or angry, I just wait for them to play their games and I sue. No warning, no anger and no headaches.

Now that that's out of the way, here's some posts we did on how to take a company to small claims court:

How To Take Your Case To Small Claims Court
Here's a state-by-state index of links to small claims court papers and brochures.

(Illustration: Leo Espinosa)

Stay informed. Subscribe to the CPSC's email recall lists or rss feeds, or at the very least bookmark the site and check in before you go shopping.

Know your rights. SmartMoney says, "Each recall resolution is negotiated independently between the manufacturer and the CPSC. Reputable manufacturers cover all the costs, including shipping — and will take back a toy even years after a recall is first announced... Check the CPSC's database to find individual recall agreements."

Work with the store instead of the manufacturer. One expert tells SmartMoney, "I would take a recalled toy back to the retailer and get a refund. Let them deal with the manufacturer." This means you should probably find out what the store's policy is before making the purchase. "Toys 'R' Us, for example, has a policy of offering store credit for the full value of any recalled toy, even if it was purchased elsewhere."

Avoid replacements. "If a manufacturer opts to replace recalled products rather than offer a refund, take a pass." There have been instances where replacement toys or products have the same design or materials flaws as the recalled version, or some new problem. In this case, you should try to get a refund from the store and let them deal with the manufacturer.

We know Tivo has always had a problem figuring out how to generate revenue, and we love our Tivo. But if this data is so valuable, why isn't Tivo paying its customers for it first? They've already put out plenty of money on the devices and on subscription fees—offering up free demographic data seems above and beyond a fair agreement.

The next big revolution in marketing needs to come from consumers realizing that demographic data has real value, and that they should be compensated fairly for it. Or actually, since most of us do realize that, what we need is a way to formally announce "ownership" of it so that it can be protected, aggregated, and sold directly.

"TiVo to offer advertisers viewer data: report" [Reuters]

RELATED
"TiVo Serves Up Portrait of the Ad-Zappers" [Wall Street Journal]
(Photo: Tivo and Getty)

Regulation (EC) No 261/2004 [European Council via AirfareWatchdog Blog]
(Photo: FlyGuy92586)

In June, the state appeals court said T-Mobile's contractual prohibition of class-action lawsuits was "unconscionable," which "rendered the arbitration provision unenforceable."

If the plaintiffs win, "the outcome could require cell phone carriers, at least in California, to unlock cell phones upon a customer's request." It could also have an impact on two class-action lawsuits that were filed last week in California against Apple and AT&T over their practice of locking the iPhone to a single network, and of possibly bricking rogue phones deliberately.

"Court Clears Way for Mobile-Phone-Unlocking Lawsuit Against T-Mobile" [Wired]
(Photo: Getty)

The particular issue is the nefarious 1.1.1 upgrade, which the lawsuit claims was designed solely to disable hacks and SIM cards that had been unlocked, and to damage phones with unapproved software installed, rather than to fix or improve any flaws in the device.

This is the second class-action lawsuit against Apple over the iPhone. The other one, which was also filed last Friday, claims that unlocking mobile phones is entirely legal based on existing law, and asks for an injunction against Apple to prevent any software locks on future iPhone sales.

"Class-action charges Apple, AT&T with unlawful business practices" [AppleInsider]
(Photos: moria and moria)

Every state has its own lemon law statute, but all consumers are protected under the federal Magnuson-Moss Warranty Act.

Lemon laws often involve cars, but some states have lemon laws covering all goods. California's lemon laws even cover toasters.

If you have a product that's failing even after a couple of repairs, you might want to check out lemon law info by state. — BEN POPKEN

(Photo: borabora)

Rathbun v US basically said that if one party of a phone conversation gave the thumbs up, it was kosher to admit a recorded phone call as evidence in court.

The clear inference is that one entitled to receive the communication may use it for his own benefit or have another use it for him. The communication itself is not privileged, and one party may not force the other to secrecy merely by using a telephone. It has been conceded by those who believe the conduct here violates Section 605 that either party may record the conversation and publish it.

...Each party to a telephone conversation takes the risk that the other party may have an extension telephone and may allow another to overhear the conversation. When such takes place there has been no violation of any privacy of which the parties may complain. Consequently, one element of Section 605, interception, has not occurred.

RATHBUN v. UNITED STATES, 355 U.S. 107 (1957)

Now, we may consider the admissibility of a call as evidence a much harsher standard then whether it's ok for one party to record a phone call. So if it's ok by the stricter standard, then simply recording it would seem to be ok.

Also, once something crosses state lines, doesn't it become Federal by dint of the Interstate Commerce Clause? There's no specific precedent for this with regard to wiretapping, but if there was, the following would apply:

It shall not be unlawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any State.

18 U.S.C. Sec. 2511(2)(d)

The Federal law basically says that as long as it's you having the conversation, it's perfectly fine for you to record a customer service call. And why should it be, they're recording you, right?

Big caveat: we're just researching and are not lawyers, so it's entirely possible we have no idea what we're talking about. Illuminate us. — BEN POPKEN

• Call or write to you more than three times a week. Only one of those calls can be at your workplace. They cannot call you between 9 p.m. and 8 a.m.

• Harass, intimidate, embarrass or threaten you, or lie or use unfair practices to collect a debt.

• Garnish wages or take your home or possessions without a court judgment, except in the case of federally guaranteed student loans in default.

If a debt collector does any of these to you, contact your Attorney General's office. In certain cases, you may also be able to take them to court and win punitive fines. — BEN POPKEN

What to do if the debt collector calls [SeattlePI] (Thanks to Cherise!)

Rule 240 refers to the "conditions of carriage" which specify the circumstances in which you're entitled to airline compensation.

You can get meal vouchers, a hotel room, be booked on a substitute flight, or be given a full or partial refund. MY Travel Rights says to first familiarize yourself with Rule 240:

Many airline ticket agents do not know these policies, so you should be the expert.

Be polite but very firm about your rights under Rule 240. You'll win most battles at ticket counters when you say the phrase "Rule 240" and show the agent your printed copy of the airline's policies. However, don't hesitate to keep going up the chain to supervisors if you're not satisfied.

Note that these rules are precluded by weather, war or other events outside the airline's control. But they're all good for things like scheduling snafus, mechanical failure, and general incompetence.

Before your next flight, print out a copy of the airline's Rule 240. We've got them posted inside for many major American airlines.

(Photo: ten1602)

Quick jump to an airline:

America West
American Airlines
Continental
Delta
Frontier Airlines
Hawaiian Airlines
Northwest Airlines
Southwest Airlines
United Airlines
US Airways

America West

A SCHEDULE IRREGULARITY is any of the following that occurs on the date of departure:

Delay in scheduled departure or arrival of an America West flight resulting in misconnection,

Flight cancellation

Omission of a scheduled stop

4 hour or more delay or interruption in the scheduled operation of an America West flight

The substitution of equipment

Schedule changes which require rerouting of a passenger at departure time because notice had not been given prior to the passenger's arrival for check-in on the original flight.

LIABILITY: Except to the extent provided in the rule, America West shall not be liable for failing to operate any flight according to schedule or for changing the schedule or type of equipment used on any flight with or without notice to the passenger.

DELAY, MISCONNECTION, or CANCELLATION: To the extent possible, America West will provide onward transportation to passengers delayed or misconnected due to schedule irregularities or cancellations of flights or service, at no additional cost to the passenger. If the delay is caused by America West, America West will transport the passenger without stopover on the next available flight in the same or higher class service, at no additional cost to the passenger. If America West is unable to provide onward transportation acceptable to the passenger, America West, with concurrence of the passenger, will arrange for transportation on another carrier or combination of carriers with whom America West has agreements for such transportation. The passenger will be transported without stopover in its (their) next flight(s), in the same or higher class of service at no additional cost to the passenger. If space is only available and used on an American West flight(s) in a lower class service acceptable to the passenger, America West will provide a refund of the difference. If the delay or misconnection is caused by an airline other than America West, America West in combination with the other carrier will transport the passenger on the next available flight, in the same class of service, at no additional cost to the passenger. If America West is unable to arrange alternate air transportation acceptable to the passenger, America West shall refund the unused flight coupon(s).

American Airlines

SCHEDULE IRREGULARITY

American Airlines defines a schedule irregularity as:

A delay in the departure or arrival of an American Airlines flight that results in a misconnection, or

A flight cancellation or omission of a scheduled stop, or any other delay or interruption of an American Airlines flight, or

A substitution of equipment to a different class of service, or

A schedule change that requires you to be rerouted.

If your flight is delayed, cancelled or you miss a connecting American Airlines flight, due to a schedule irregularity

1.American Airlines must confirm you on their next flight (on which space is available) at no additional cost.

2.If there is an alternate American Airlines flight that will arrive at your destination earlier than the alternate you have been offered, you have the right to be confirmed on this American Airlines flight at no additional cost, even if first class space is all that is available.

3.If the alternate American Airlines flight is not acceptable to you, you have the right to be confirmed on the flight of a different airline at no additional cost.

4.If there is an alternate "different airline" flight that will arrive at your destination earlier than any alternate flight you have been offered, you have the right to be confirmed on this flight at no additional cost, even if first class space is all that is available.
5.If no alternate flight (on American Airlines or a "different airline") is acceptable to you, American Airlines must refund your money - even if you have a non-refundable ticket.

Note: Instead of offering refunds, airline agents often times will tell the passenger to keep their ticket and when they are ready to travel again, the airline will rewrite the ticket and waive any change fees. While it may sound generous, I recommend you reject any such offers. A year is a long time and a lot can happen. Why have an airline ticket that you could lose or possibly not use? I prefer to get a full refund and when I fly again, I will buy another ticket.

If your American Airlines flight delay, cancellation or misconnection is not due to a Schedule Irregularity, it is due to a Force Majeure Event.

FORCE MAJEURE EVENT

American Airlines defines a Force Majeure event as:

Any conditions beyond American Airlines' control, including weather, acts of God, riots, civil commotion, wars, hostilities, strikes, labor-related disputes, government regulation, shortage of labor or fuel, or other facts not foreseen by American Airlines.

If your flight is delayed, cancelled, or you miss a connection to an American Airlines flight due to a Force Majeure Event (and this includes weather), American Airlines' only obligation is to refund your ticket.

AMENITIES

American Airlines for hotel accommodations only when you are on an American Airlines flight that is diverted to an unscheduled point and the delay at this point is expected to exceed 4 hours, between the hours of 10:00 p.m. and 6:00 a.m..

Hotel accommodations will not be furnished if this delay is at your home city, or in some cases where the airline is landing at a nearby airport or city. Rule 240 states that American Airlines may provide amenities as they feel are necessary to maintain the safety and welfare of certain passengers such as invalids, senior citizens, unaccompanied minors, etc.

Continental

SCHEDULE IRREGULARITY Any of the following irregularities: Delay in scheduled departure or arrival of a carrier's flight resulting in a misconnection, or Flight cancellation, omission of a scheduled stop, or any other delay or interruption in the scheduled operation of a carrier's flight, or Substitution of equipment of a different class of service, or Schedule changes which require rerouting of the passenger at departure time of the original flight.

When a passenger will be delayed because of a schedule irregularity caused by Continental Airlines. Continental Airlines will use its best efforts to arrange onward transportation over its own lines in the same class of service at no additional cost to the passenger. If space is available on Continental Airlines flight(s) in a different class of service acceptable to the passenger, such flight(s) will be used at no additional cost to the passenger only if the flight(s) provide an earlier arrival at the passenger's destination. At the passenger's request, provided that the tariff covering the original transportation permits routing via the carrier which will transport the passenger, Continental Airlines will accommodate the customer on the same class of service on the next available flight on another carrier, or combinations of carriers, if the length of the delay to the passenger's destination exceeds 2 hours.

AMENITIES / SERVICE FOR DELAYED PASSENGERS Lodging: The passenger will be provided one night's lodging, or a maximum allowance for one night's lodging as established by each location, when a Continental Airlines flight on which the passenger is being transported is diverted to an unscheduled point and the delay at such point is expected to exceed 4 hours during the period 10:00 p.m. to 6:00 a.m. Exception: Hotel accommodations will not be furnished: To a passenger whose trip is interrupted at a city which is his/her permanent domicile or, When such interruption is due to local or destination weather conditions or air traffic control delays. When the destination designated ;and the flight on which the passenger is on the passenger's ticket is...

being transported.................. is diverted to:

Baltimore...................Washington Dulles Airport

Baltimore...................Washington National Airport

Burbank.....................Los Angeles / Ontario

Chicago O'Hare...........Chicago Midway

Colorado Springs............Denver

Ft. Lauderdale................Miami

Houston Hobby...........Houston Intercontinental

Los Angeles...............Ontario / Burbank

Oakland.....................San Francisco / San Jose

Newark......................New York LGA or JFK

New York...................Newark New York

JFK..........................New York LGA

San Francisco.............San Jose / Oakland

San Jose....................San Francisco / Oakland

Washington Dulles.......Washington National

Washington National.....Baltimore / Washington Dulles

Meals: Passengers will be provided one meal, per passenger, if the delay caused by Continental Airlines to the passenger under this rule will extend beyond normal meal hours. When lodging is furnished in accordance with above, passengers may be provided up to two meals. Ground Transportation: When lodging is furnished in accordance with above and ground transportation is not furnished by the hotel, Continental Airlines will provide ground transportation via public conveyance. Communication: Continental Airlines will provide one 3-minute long distance telephone call when the delay caused by Continental under this rule is expected to exceed two hours. Continental Airlines will provide such amenities as are necessary to maintain the safety and/or welfare of certain passengers such as qualified handicapped individuals, unaccompanied children, or the elderly .

Delta

Rule 240 applies to All Delta Air Lines flight delays, cancellations or misconnections are as a result of a

1.Schedule Irregularity, or 2.A Force Majeure Event.

SCHEDULE IRREGULARITY

Delta Air Lines defines a schedule irregularity as:

A delay in the departure or arrival of a Delta Air Lines flight that results in a misconnection, or A flight cancellation or omission of a scheduled stop, or any other delay or interruption of a Delta Air Lines flight, or A substitution of equipment to a different class of service, or A schedule change that requires you to be rerouted.

If your flight is delayed, cancelled or you miss a connecting Delta Air Lines flight, due to a schedule irregularity &

1.Delta Air Lines must confirm you on their next flight (on which space is available) at no additional cost. 2.If there is an alternate Delta Air flight that will arrive at your destination earlier than the alternate you have been offered, you have the right to be confirmed on this Delta Air Lines' flight at no additional cost, even if first class space is all that is available. 3.If the alternate Delta Air Lines flight is not acceptable to you, you have the right to be confirmed on the flight of a different airline at no additional cost. 4.If there is an alternate "different airline" flight that will arrive at your destination earlier than any alternate flight you have been offered, you have the right to be confirmed on this flight at no additional cost, even if first class space is all that is available. 5.If no alternate flight (on Delta Air Lines or a "different airline") is acceptable to you, Delta Air Lines must refund your money - even if you have a non-refundable ticket.

FORCE MAJEURE EVENT

Delta Air Lines defines a force majeure event as:

Any conditions beyond Delta Air Lines' control, including weather, acts of God, civil commotion, wars, hostilities, strikes, labor-related disputes, government regulation, shortage of labor or fuel, or other facts not foreseen by Delta Air Lines.

If your flight is delayed, cancelled, or you miss a connection to a Delta Air Lines flight due to a Force Majeure Event (and this includes weather), Delta Air Lines' only obligation is to refund your ticket. Delta Air Lines will probably try to reroute you to an alternate flight, but according to Rule 240, they are not required to do this.

AMENITIES

First Class Passengers: If you have been delayed 2 hours or more due to a flight delay or cancellation, Delta Air Lines will provide you with one 3-minute phone call within the Continental U.S. If the delay exceeds 4 hours, Delta Air Lines will provide you with meals at the appropriate times (not to exceed 24 hours). If the delay is expected to exceed 4 hours between the hours of 10:00 p.m. through 6:00 a.m., Delta Air Lines will provide hotel accommodations and transportation between the airport and hotel (some exceptions).

Business Class and Coach Passengers: If you have been delayed 2 hours or more due to a flight delay or cancellation, Delta Air Lines will provide you with one 3-minute phone call within the Continental U.S. If the delay is expected to exceed 4 hours between the hours of 10:00 p.m. and 6:00 a.m., Delta Airlines will provide hotel accommodations and transportation between the airport and hotel (some exceptions).

If you are delayed because of a misconnection from a Delta Air Lines flight to a Delta Air Lines flight, and the delay is expected to exceed 4 hours between the hours of 10:00 p.m. and 6:00 a.m., Delta Air Lines will provide hotel accommodations provided alternate transportation is not available and you missed the last flight of the day. You are required to standby for all Delta Air Lines flights through the last flight of the day.

The amenities listed above do not apply, if your delay is due to weather conditions unless you are a connecting passenger or if you are deplaned at a point other than your origin, destination and/or stopover point.

Delta Air Lines may provide amenities as they feel are necessary to maintain the safety and welfare of certain passengers such as invalids, senior citizens, unaccompanied minors, etc..

Frontier Airlines

A. General

The provisions of this rule apply to the passenger who has a ticket or conjunctive tickets and a confirmed reservation on a flight, which he/she does not use for one of the reasons named below

B. Definitions For the purpose of this rule, the following terms have the meaning indicated below:

1. Stop over - a deliberate interruption in excess of four hours of the passenger's journey, as agreed to in advance by Frontier and the passenger, at a point between the place of departure and the place of destination,

2. Connecting Point - a point to which a passenger holds or held confirmed space on a Frontier flight and out of which the passenger holds or held confirmed space on a Frontier or other carrier's flight. All airports through which a city is served by any carrier shall be deemed to a single connecting point when the receiving carrier has confirmed reservations to the delivering carrier

3. Misconnection - occurs at a connecting point when a passenger holding confirmed space is unable to use such confirmed space because the delivering carrier was unable to deliver him/her to the connecting point in time to connect with the receiving carrier's flight NOTE: The same rules regarding delivering and receiving carrier responsibility apply at the subsequent points of misconnection as would apply to the point of original misconnection,

4. Outbound flight - the flight on which the passenger originally held Confirmed space beyond the point where the scheduled irregularity or failure to carry occurs,

5. Schedule Irregularity -any of the following irregularities occurring on date of departure a Delay in scheduled departure or arrival of a Frontier flight resulting In misconnection, or

b. fight cancellation, omission of a scheduled stop, or a hour or mare delay/interruption In the schedule operation of a Frontier fight, or

c. substitution of equipment or a different class of service, or

d schedule changes, which require rerouting of a passenger at departure time because prior notice of such schedule change had not been given such passenger prior to the passenger's arriving at the airport for check-In on the original fight

C. Schedule Irregularity

When a passenger will be delayed because of a schedule irregularity (or a carrier cancels the passenger s reservation according to Rule 135 section l)

Liability

Except to the extent provided In this rule, Frontier shall not be liable for failure to operate any fight according to schedule or for changing the schedule or type of equipment used on any fight, with or without notice to the passenger.

Delay, Misconnection or Cancellation

To the extent possible, Frontier will provide onward transportation to passengers delayed or misconnected due to schedule Irregularities or cancellation of fights or service If the delay or misconnection is caused by Frontier, Frontier will transport the passenger without stopover on Its next available fight in the same or higher class of service, at no additional cost to the passenger If Frontier is unable to provide onward transportation, Frontier will arrange for the transportation on another carrier or combination of carriers with whom Frontier has agreements for such transportation. The passenger will be transported on its (their) next available fight(s), in the same or higher class of service at no additional cost to the passenger. Frontier In combination with any other carrier will transport the passenger on the next available flight. In the same class of service, at no additional cost to the passenger.

b. If Frontier Is unable to arrange alternate air transportation acceptable to the passenger, Frontier shall refund the unused flight coupon(s) in accordance with Rule 260.

c. Frontier shall have no obligation to accept another carrier's ticket, which does not reflect a confirmed reservation on Frontier, unless the Issuing carrier reissued the ticket for any changes In routing. In the event such carrier is not able to do so; Frontier reserves the right to reroute passengers only over its own lines between the points named on the original ticket.

D. Schedule Change When a passenger will be delayed because of a change In Frontier's schedule, Frontier will arrange to: 1. Transport the passenger over its own lines to the destination, next stopover point or transfer point shown on Its portion of the ticket, without stopover and at no additional cost to the passenger.

2. When Frontier's schedule change results in the cancellation of all Frontier service between two cities, Frontier will reroute passengers holding confirmed ticketed reservation between such cities, over the lines of another carrier or combination of carriers with whom Frontier has agreements for such transportation, at no additional cost to the passenger.

3. Refund in accordance with Rule 260.

E. Amenities/Service for Delayed Passengers 1. Lodging Passengers will be provided one night's lodging, or a maximum amount for one night's lodging as established by each location, when a Frontier flight on which the passenger is being transported is: a. diverted to an unscheduled point, the delay at which is expected to exceed 4 hours,

b. due to the passenger's flight arriving late, he/she missed the connecting flight and alternate transportation is not available until after 6:00 a.m. the next day.

2. EXCEPTIONS: Hotel accommodations will not be furnished:

a. to a passenger whose trip Is Interrupted at a city which is his/her origin point, destination point, stopover point, or permanent domicile, or

b. hotel accommodations will not be furnished to a passenger whose trip is interrupted at any point when such Interruption Is due to local or destination weather conditions or any traffic control delays.

3. Ground Transportation

Any ground transportation provided will be via public conveyance.

When the delay is In excess of four hours a meal voucher may be provided.

4. Communications

When the delay Is In excess of 4 hours, one 3-minute long distance telephone call may be made on one of the Frontier phone lines, and one message via the carrier's internal communications system may be sent.

5. Extraordinary Circumstances

Frontier will provide such amenities as It deems reasonably necessary to maintain the safety and/or welfare of certain passengers such as those physically challenged, unaccompanied children, the elderly or others to whom such amenities will be furnished consistent with special needs or circumstances.

6. Carriers in Default

Frontier will not accept for any purpose under this rule passenger tickets or related transportation documents issued by any carrier which is in substantial default of its interline obligations or which voluntarily or Involuntarily has become the subject of bankruptcy proceedings (the defaulting carrier). EXCEPTION: Tickets issued by the defaulting carrier or its sales agent prior to the default, will be accepted solely for transportation over the lines of Frontier, provided such tickets were issued by such defaulting carrier In its capacity as agent for Frontier and specified transportation via Frontier. When tickets are accepted, no adjustments in fare will be made which would require Frontier to refund money to the passenger. 7. Strike/Work Stoppage In the event of a strike, which causes any cancellation or suspension of operation on any other carrier, the provisions of this rule will not apply with respect to passengers holding tickets for transportation on that carrier.

Hawaiian Airlines

FLIGHT DELAYS/CANCELLATIONS (CONFIRMED PASSENGERS)

A) GENERAL

The provisions of this rule apply to a passenger who has a ticket and a confirmed reservation on a flight which he/she does not use for one of the reasons named below.

HA will make every attempt to notify passengers of any flight delays, cancellations or diversions as soon as any decision to make such a change is confirmed. On the day of departure, in either the airport or onboard the aircraft, HA employees will update passengers at minimum every twenty (20) minutes on the status of the flight.

B) DEFINITIONS

For the purpose of this rule, the following terms have the meaning indicated below:

1) Comparable air transportation means transportation provided by air carriers or foreign air carriers holding certificates of public convenience and necessity, or foreign permits.

2) Connecting point means a point to which a passenger holds or held confirmed space on a flight of one carrier and out of which the passenger holds or held confirmed space on a flight of the same or another carrier. All airports through which a city is served by any carrier will be deemed to be a single connecting point when the receiving carrier has confirmed reservations to the delivering carrier.

3) Delivering carrier means a carrier on whose flight a passenger holds or held confirmed space to a connecting point.

4) Misconnection occurs at a connecting point when a passenger holding confirmed space on an original receiving carrier is unable to use such confirmed space because the delivering carrier was unable to deliver him/her to the connecting point in time to connect with the receiving carrier's flight.

NOTE: The same rules regarding delivering and receiving carrier responsibility apply at the subsequent point(s) of misconnection as would apply at the point of original misconnection.

5) New receiving carrier(s) means a carrier or combination of connecting carriers, other than the original receiving carrier(s), operating between the point of misconnnection and the destination or next point of stopover or connecting point shown on the passenger's ticket, on whose flight a passenger is transported from the connecting point.

6) Original receiving carrier(s) means a carrier or combination of connecting carriers on whose flight(s) a passenger originally held or holds confirmed space from a connecting point to a destination, next stopover or connecting point.

7) Outbound flight means the flight on which a passenger originally held confirmed space beyond the point where the schedule irregularity or failure to carry occurs.

8) Schedule irregularity means any of the following irregularities:

i) Delay in scheduled departure or arrival of a carrier's flight resulting in a misconnection, or

ii) Flight cancellation, omission of a scheduled stop, or any other delay or interruption in the scheduled operation of a carrier's flight, or

iii) Substitution of equipment of a different class of service, or

iv) Schedule changes which require rerouting of passenger at departure time of the original flight.

C) SCHEDULE IRREGULARITY

When a passenger will be delayed because of a schedule irregularity or a carrier cancels the passenger's reservation according to Rule 135 (Cancellation of Reservations).

1) Any carrier causing such delay or in the case of a misconnection, the original receiving carrier(s) will transport the passenger without stopover on its (their) next flight on which space is available in the same class of service as the passenger's original outbound flight at no additional cost to the passenger. If space is available on a flight(s) of a different class of service acceptable to the passenger, such flight(s) will be used without stopover at no additional cost to the passenger, only if it (they) will provide an earlier arrival at the passenger's destination, next stopover point, or transfer point.

2) If the carrier causing such delay, or in the case of misconnection the original receiving carrier(s) is unable to provide onward transportation acceptable to the passenger, any other carrier or combination of connecting carriers, at the request of the passenger will transport the passenger without stopover on its (their) next flight(s) in the same class of service as the passenger's original outbound flight; or if space is available on a flight(s) of a different class of service acceptable to the passenger, such flight(s) will be used without stopover at no additional cost to the passenger, only if it (they) will provide an earlier arrival at the passenger's destination, next stopover point or transfer point, or

3) The carrier causing the schedule irregularity will provide a refund in accordance with Rule 260 (Involuntary Refunds) if applicable.

D) AMENITIES/SERVICES FOR DELAYED PASSENGERS

The carrier will assume the expenses outlined below for all passengers incurred as a result of cancellation, delay or interruption of any flight on which a passenger holds confirmed reservations. Passengers will be informed of the available amenities when a delay is expected to exceed 4 hours.

1) Hotel Rooms - HA will provide one-night's lodging at accommodation selected by HA when a passenger's delay is expected to exceed 4 hours and extend into the period 10:00 pm through 6:00 am, and no scheduled alternate transportation is available to the passenger's destination or stopover point. HA will not provide lodging for passengers who reside in the city where the interruption occurs.

2) Meals - Passengers will be furnished one meal voucher if the delay will extend beyond the four (4) hours. No alcoholic beverages will be furnished to any passengers.

3) Local Ground Transportation will be provided to the downtown area or from/to local hotel whichever is applicable.

4) Communications - One long distance telephone call will be allowed between any two points in the State of Hawaii.

5) In lieu of the above, and subject to passenger's approval, HA will compensate the passenger with credit valid for the purchase of transportation. The credit will be valid for travel only on HA within 365 days of the date of issue and will apply only to online transportation via HA, may not be endorsed to or accepted by any other carrier and is not refundable to, saleable by, transferable by or assignable by the passenger.

EXCEPTION 1: The provisions above do not apply to passengers holding confirmed reservations, on a flight which is delayed or cancelled because of U.S. weather bureau observations or forecasts indicating that environmental conditions will be such that at the time or arrival or departure of the flight either the airport may be closed, or that weather conditions will be less than minimum allowed for landing or takeoff as required by the Federal Aviation Administration. If an attempt is made to conduct the flight, all passengers will be informed that an attempt will be made.

NOTE: The above exception does not apply and amenities will be provided to:

1) A passenger who is deplaned at a point other than his/her destination or point of origin.

2) A passenger whose onward transportation on the carrier is delayed or cancelled at a connecting point intermediate to his/her destination.

3) A passenger who in the carrier's best judgment requires such amenities and services because of special circumstances, i.e., unaccompanied children, elderly persons, invalids or incapacitated and/or ill passengers, and qualified individuals with a disability, in order to maintain the safety, health and welfare of such passengers.

EXCEPTION 2: When an HA flight is delayed or cancelled because U.S. Weather Bureau observations or forecasts indicating that environmental conditions at the airport of destination will be such that, at the time of arrival of the flight, either the airport may be closed, or that weather conditions will be less than minimum allowed for landing as required by the Federal Aviation Administration, passengers originating travel on such a flight will be given that information before departure of the flight. After all passengers have been informed that 1) indications are the flight will be unable to land at their destination or stopover point and 2) that if the flight does not land, HA will not provide amenities of any kind, those passengers who nevertheless elect to travel may be boarded. Passengers who hold confirmed reservations and who have come to the airport to board that flight to that point but elect not to travel after being so informed, will be provided ground transportation from the airport, back to their residence/hotel, but no other amenities will be provided. Passengers making direct connections from another HA flight or any other carrier will be provided full amenities, whether they elect to remain at the connecting point or whether they elect to travel and are landed at a point other than their final destination or stopover point.

EXCEPTION 3: The services and amenities described above will not be provided for flight interruption, cancellation or delay caused by acts of God, riots, civil commotions, government embargoes or regulations, wars, hostilities, disturbances, adverse weather conditions, labor disputes, air traffic congestion, airport closure or interline misconnection due to delay of other carriers.

E) LIABILITY OF CARRIER Except to the extent provided in this rule, no carrier will be liable for failing to operate any flight according to schedule or for changing the schedule of any flight, with or without notice to the passenger.

F) Notwithstanding the provisions of this rule, the carrier will not accept for any purposes under this rule, passenger tickets or related transportation documents issued by any carrier which is in substantial default of its interline obligations or whose aviation certificate has been revoked or suspended by the Federal Aviation Association.

EXCEPTION: Notwithstanding the provisions of this paragraph, tickets issued by the defaulting carrier will be accepted solely for transportation over the lines of another carrier provided such tickets were issued by such defaulting carrier in its capacity as agent for the other carrier and specified transportation via that carrier. When tickets are accepted, no adjustments in fare will be made which would require the other carrier to refund money to the passenger.

G) The carrier will not be responsible for any consequential damages or incidental costs incurred by the passengers such as, but not limited to, loss of wages/income/salaries.

Northwest Airlines

SCHEDULE IRREGULARITY Schedule Irregularity means any of the following irregularities: Delay in scheduled departure or arrival of a Northwest Airlines flight resulting in a misconnection, or Flight cancellation, omission of a schedule stop, or any other delay or interruption in the schedule operation of a Northwest Airlines flight, or Substitution of equipment of a different class of service, or Schedule changes which require rerouting of the passenger at departure time because prior notice of such schedule change had not been given such passenger prior to the passenger's arriving at the airport for check-in on the original flight.

Exception: Schedule Irregularity does not include Force Majeure Events defined as Any conditions beyond Northwest Airlines' control, including weather, acts of God, civil commotion, wars, hostilities, strikes, labor-related disputes, government regulation, shortage of labor or fuel, or other facts not foreseen by Northwest Airlines.

When a passenger will be delayed because of a schedule irregularity involving a Northwest Airlines flight the following will apply: Where Northwest Airlines causes such delay or in the case of a misconnection where Northwest Airlines was the original receiving carrier, Northwest Airlines will transport the passenger without stopover on its next flight on which space is available in the same class of service as the passenger's original outbound flight at no additional cost to the passenger: When Northwest Airlines causes such delay or in the case of misconnection to Northwest Airlines as the original receiving carrier, Northwest Airlines is unable to provide onward transportation acceptable to the passenger, Northwest Airlines with concurrence of the passenger will arrange for the transportation on another carrier or combination of carriers with whom Northwest Airlines has agreements for such transportation. The passenger will be transported without stopover on its(their) next flight(s), in the same class of service as the passenger's original outbound flight at no additional cost to the passenger. If space is only available on a flight(s) of a higher class of service, such flight(s) will be used without stopover at no additional cost to the passenger, only if it (they) will provide an earlier arrival at the passenger's destination or next stopover or transfer point. If space is only available and used on a Northwest Airlines flight(s) of a lower class of service acceptable to the passenger, Northwest Airlines will provide a refund of the difference in fares pursuant to Rule 260 (Refunds-Involuntary).

Southwest Airlines

Southwest Airlines is the only major carrier not to have a Rule 240. They do, however, have a delay and cancellation policy in their Contract of Carriage.

United Airlines

SCHEDULE IRREGULARITY Schedule Irregularity means any of the following irregularities occurring on the date of departure: Delay in scheduled departure or arrival of a United Airlines flight resulting in a misconnection, or Flight cancellation, omission of a schedule stop, or any other delay or interruption in the scheduled operation of a United Airlines flight, or Substitution of equipment of a different class of service, or Schedule changes which require rerouting of the passenger at departure time because prior notice of such schedule change had not been given such passenger prior to the passenger's arriving at the airport for check-in on the original flight.

When a passenger will be delayed because of a schedule irregularity involving a United Airlines flight, which for the purposes of this rule ... flights exceeding 2 hours ... United Airlines will transport the passenger without stopover on its next flight on which space is available in the same class of service as the passenger's original outbound flight at no additional cost to the passenger. If United Airlines is unable to provide onward transportation acceptable to the passenger, United Airlines, with the concurrence of the passenger, will arrange for the transportation on another carrier or combination of carriers with whom United Airlines has agreements for such transportation. The passenger will be transported without stopover on its (their) next flight(s), in the same class of service as the passenger's original outbound flight at no additional cost to the passenger. If space is only available and used on a United flight(s) of a lower class of service acceptable to the passenger, United Airlines will provide a refund of the difference in fares pursuant to Rule 260 (Refunds-Involuntary). If United Airlines is unable to arrange alternate air transportation acceptable to the passenger, United Airlines shall refund the flight coupon(s) for the unflown portion(s) in accordance with Rule 260 (Refunds-Involuntary).

FORCE MAJEURE EVENT As used in this rule "Force Majeure Event" means: Any condition beyond United Airlines' control (including, but without limitation, meteorological conditions, acts of God, riots, civil commotion, embargoes, wars, hostilities, disturbances, or unsettled international conditions), actual, threatened or reported or because of any delay, demand, circumstances or requirement due, directly or indirectly, to such condition; or Any strike, work stoppage, slowdown, lockout or any other labor-related dispute involving or affecting United Airlines' service, or Any government regulation, demand, or requirement; or Any shortage or labor, fuel, or facilities of United Airlines or others; or Any fact not reasonably foreseen, anticipated, or predicted. United Airlines may, in the event of a Force Majeure Event, without notice, cancel, terminate, divert, postpone, or delay any flight or the right of carriage or reservation of traffic accommodations and determine if any departure or landing should be made, without any liability except to refund in accordance with Rule 260 (Refunds-Involuntary) any unused portion of the ticket.

AMENITIES / SERVICE FOR DELAYED PASSENGERS Lodging: The passenger will be provided one night's lodging, or a maximum allowance for one night's lodging as established by each location, when a United Airlines flight on which the passenger is being transported is diverted to an unscheduled point and the delay at such point is expected to exceed 4 hours during the period 10:00 p.m. to 6:00 a.m. Exception: Hotel accommodations will not be furnished: To a passenger whose trip is interrupted at a city which is his/her origin point, stopover point, connecting point, or permanent domicile or a few listed exceptions when the carrier is diverted to a nearby airport.

US Airways

SCHEDULE IRREGULARITY Schedule Irregularity means any of the following irregularities: Delay in scheduled departure or arrival of a carrier's flight resulting in a misconnection, or Flight cancellation, omission of a schedule stop, or any other delay or interruption in the schedule operation of a carrier's flight, or Substitution of equipment of a different class of service, or Schedule changes which require rerouting of the passenger at departure time of the original flight. Exception: Schedule Irregularity does not include Force Majeure Events as defined. When a passenger will be delayed because of a schedule irregularity, any carrier causing such delay or in the case of a misconnection the original receiving carrier(s) will transport the passenger without stopover on the next flight on which space is available in the same class of service as the passenger's original outbound flight at no additional cost to the passenger: If space is available on a flight(s) of a different class of service, acceptable to the passenger, such flight(s) will be used without stopover at no additional cost to the passenger only if the flight will provide an earlier arrival at the passenger's destination, next stopover or transfer point.

As used in this rule "Force Majeure Event" means:

1.Any condition beyond US Airways' control (including, but without limitation, meteorological conditions, acts of

2.God, riots, civil commotion, embargoes, wars, hostilities, disturbances, or unsettled international conditions),

3.actual, threatened or reported or because of any delay, demand, circumstances or requirement due, directly or

4.indirectly, to such condition; or

5.Any strike, work stoppage, slowdown, lockout or any other labor-related dispute involving or affecting US

6.Airways' service, or

7.Any government regulation, demand, or requirement; or

8.Any shortage or labor, fuel, or facilities of US Airways or others; or

9.Any fact not reasonably foreseen, anticipated, or predicted by US Airways.

US Airways may, in the event of a Force Majeure Event, without notice, cancel, terminate, divert, postpone, or delay any flight or the right of carriage or reservation of traffic accommodations and determine if any departure or landing should be made, without any liability except to refund in the original form of payment in accordance with involuntary refund rules any unused portion of the ticket.

AMENITIES / SERVICE FOR DELAYED PASSENGERS Lodging: The passenger will be provided one night's lodging, or a maximum allowance for one night's lodging as established by each location, when a US Airways flight on which the passenger is being transported is diverted to an unscheduled point and the delay at such point is expected to exceed 4 hours during the period 10:00 p.m. to 6:00 a.m. Exception: Hotel accommodations will not be furnished: To a passenger whose trip is interrupted at a city which is his/her permanent domicile or, When the destination designated and the flight on which the passenger is on the passenger's ticket is:

Baltimore;Washington

Dulles Airport Baltimore

Washington National Airport Newark

White Plains / Islip/New York City

Ft. Lauderdale;Miami

Greensboro;Winston-Salem Winston-Salem

Greensboro Islip;Newark / New York City / White Plains

Before flying, make sure you have your ticket, ID, and a copy of the Rule 240 for your airline. — BEN POPKEN

Rule 240: Don't Leave Home Without It! [My Travel Rights] (Thanks to Riley!)

Not very, if a brief look at the web pages of Hillary Clinton, John Kerry, Barack Obama, John McCain, Rudy Giuliani, and other less-well-known actual and potential candidates is any indication. It looks like 2008 is all about Big Issues like Iraq, stem cell research, the economy, Iraq, national security, and terrists. And Iraq. Which is all well and good, but the country's housing market is falling apart at the moment. Foreclosures are going through the roof, debt collection abuse is rampant, and predatory lending is ubiquitous.

Will politicians focus on consumer issues at all in the 2008 race? Do you care? If they do, will politicians' stance on consumer issues influence your vote? — SAM GLOVER

Might as well get into it. If I don't respond to your comment, that may be because you asked about criminal law, intellectual property, or something that does not fall within the (my) definition of consumer law. I will save those for another day. (For the questions about checking receipts, I think these posts had some pretty good answers.)

FunPaul asks:

I recently received a collection notice in the mail that said, contact us within 5 days or, um well, we'll send you more letters.

The debt isn't mine. The last name on the letter is not my last name, it's close though. . . . Do you have any advice for people who receive collection notices? I assume that there are a lot of people who don't know what to do when they receive a scary sounding letter and do things that could cost them money.

As Ben said, I do have a soft spot for debt collectors. Or the opposite. Actually, my office phone number apparently used to belong to someone who owes a lot of people money, so this happens to me all the time. The message is usually something like "This is _____ calling about an important business matter. Please call 1-800-DEBT-DUE and reference number XXXXXXX."

I am in Minnesota, so I can record phone calls. I use Skype to call, because the Pamela add-on makes recording easy. And I call back. I haven't had any trouble getting them to stop calling, but part of that is because I introduce myself like this: "HI, this is Sam Glover, I am a consumer attorney and I sue debt collectors. The person you are looking for is not at this phone number; please do not call again." (You can't lie about being an attorney, however, so don't copy this verbatim. Say you know your rights under the FDCPA or something.)

If they didn't stop calling, though, I would have a good record that I asked, and that they didn't comply. If you can't record without notifying the other party or getting their consent, tell them that you are recording. You'll have a record that they consented if it comes up.

Also, take careful notes of the time you were called, the person who called, what they said, what number they gave you, etc. Record voicemail messages, as well. You may never need them, but if you start getting harassed, all your careful records will come in handy.

idledebonair asked about the length of time a negative credit information can stay on your credit report.

First, this has nothing to do with whether or not you still owe the debt or whether the debt remains within the statute of limitations. Generally, then, the answer is seven years. You can find this in the FCRA (PDF link), section 605. There are two notable exceptions:

1) Credit transactions where the principal amount is—or can reasonably be expected to be (in the case of credit lines, for example)—$150,000 or more.
2) under the Higher Education Act of 1965, the seven years starts over every time you make a payment on an FFEL loan, and does not apply to Perkins loans.

In other words, it depends on the type of student loan, but you will live with Perkins loans until you pay them in full, and you will live with FFEL loans for at least seven years after your last payment, and there are a couple of other provisos to how long FFEL loans may be reported.

That's all for now. Keep the comments coming. — SAM GLOVER

As long as we are here, we thought we might let the readers direct our posting. So, gentle readers, the ball is in your court. Ask questions in the comments about consumer rights, consumer law, or anything consumer-related that you might want to direct to a lawyer (debt collection, credit reporting, equity stripping, fair housing, predatory lending, auto fraud . . . you get the idea). A few of the best questions will be addressed in a post later today. It's Dear Abby, Esq., today.

A few common-sense ground rules:

(1) IANYL (I am not your lawyer). Don't post personal information about a case you may have. This is a public forum, after all. We will not give personalized advice over the Internet.
(2) IANALIYS (I am not a lawyer in your state). You can ask questions about anything consumer-related, but many consumer rights are regulated by state laws. We can talk about most federal consumer laws and generally about common law, but in the end, we will tell you to find a lawyer in your state.
(3) This information is worth what you paid for it (nothing). Don't go complaining that you got bad advice.

That said, bring on the questions. — SAM GLOVER

(P.S. - We don't know anything about bankruptcy, so don't ask. Also, those sexy abbreviations came from Popken; I can't take credit.)

According to federal statute, telemarketers must

• Give the seller's name
• Disclose that the call is a sales call
• Describe their exact product
• Declare the total cost and any terms of service prior to payment
• Reveal if they don't allow refunds, exchanges or cancellations

Telemarketers must not

• Misrepresent their product
• Call before 8 am or after 9pm
• Threaten, intimidate or harass you, or call again if you tell them not to

If any telemarketer doesn't adhere to any of the above guidelines, you can file a complaint with the FTC. They have a ninja attack squad.

"We sincerely hope that, in light of governing law and the national security concerns implicated by the requests for information, you will decline to open an investigation and close these proceedings, thereby avoiding litigation over the matter," the letter reads.

Let's see how well Maine lives up to its state motto of Dirigo, Latin for "I direct" or "I lead."

(Thanks to Jpac!)

1) Find a lawyer and fight back.
2) Play dumb on the phone so they think they can abuse you.
3) Take detailed notes and/or record the call.
4) Take them to court.

Number 3 isn't mandatory, but represents a possible strategy to take if you want to go the "hang 'em by their hubris" route.

Remember, these guys only sound like they're sanding their baseball bat on the other end of the phone. Most of them are weasels who couldn't hack it as extras in an Elmore Leonard novel.

Previously: Pay Up, Deadbeat

Learn about how the process works, what they can and can't do and how to fight back if they overstep and start harassing you.

Just remember, no matter how much dealing with the agents stinks, at least you're not going to rot in debtor's prison and die from consumption, although it might cement your future standing as a literary giant when someone discovers those sensational blog posts locked in your grandma's attic.

Of course, getting mired debt in the first place probably means you're too busy living and can't be bothered to read the fine information at the link below. We certainly couldn't.

"Debt Collection Practices: When Hardball Tactics Go Too Far" [Privacy Rights Clearinghouse via Lifehacker]