Students being crushed under the weight of mounting student loan debt have few options when it comes to receiving forgiveness for their debts, and bankruptcy is often the least obtainable – thanks in part to the nearly impossible to meet “undue hardship” standard. To see just how difficult and seemingly arbitrary this guideline is, all one needs to do is hear about a recent federal court case out of Maryland that determined a woman couldn’t escape her debt obligation because she had failed to make a good faith effort in repaying the loans despite the fact she’s unemployed, disabled and living below the poverty line. [More]
Court Case Illustrates Just How Difficult It Is For Borrowers To Discharge Student Loans In Bankruptcy
For years, the Federal Trade Commission has been combatting scammy marketers of weight-loss products who use fake news sites, fictional reporters, and bogus celebrity endorsements, but people keep trying to pull these cons on consumers. This morning, the FTC announced yet another takedown of a sketchy diet pill marketer using lookalike news sites to sell its products.
Despite the fact that a driver was allegedly drunk when she and her passenger crashed into a power pole in Washington, the state’s Supreme Court says she can go ahead and sue the power company responsible for that pole. All because the pole wasn’t in the exact right spot it should’ve been. [More]
The bad news was that Anne’s car was illegally towed from the parking lot of her friend’s apartment complex while she was visiting him. The good news: this friend is a lawyer, who researched the situation and determined precisely why the tow was illegal. [More]
Dalton Chiscolm has sued Bank of America and its board, and wants “1,784 billion, trillion dollars” in return for being subjected to what the judge describes as “inconsistent information from a ‘Spanish womn’ [sic]” as well as allegedly misrouted checks. In addition, Chiscolm wants another $200,164,000 in damages. We’re not sure why that amount is separate, but who knows how a mind like Chiscolm’s works?
Recently, the SEC settled with Bank of America over charges that the company mislead its investors about the $3.6 billion in bonuses paid by Merrill as the brokerage was being taken over. U.S. District Judge Jed Rakoff, however, isn’t buying it. He’s refusing to approve the settlement until it can be shown that the $33 million Bank of America agreed to pay is adequate. That’s nice, but he best part is that the judge is being hilariously sarcastic during the hearings.
Once upon a time, way back in November, a St. Louis MBA student named Cheri was the one of the first inside her local Sears store on Black Friday morning. She rushed to get the best deal they were offering — a washer and dryer for $599. To her dismay, she found out that the heavily advertised deal was not available — customers were being asked to pay now and get the washer and dryer in 30 days. Even with this disappointment, the deal was too good to pass up, so she agreed. Months later there was no sign of her washer and dryer, so she took Sears to court. And won.
Great news, 17-year-olds! A federal judge has ruled that you can now avoid accidental babies by partaking in the emergency contraceptive wonder that is Plan B. Back in 2006, the Food and Drug Administration limited the contraceptive to women 18 and over, and ordered pharmacists to hide the drug behind their counters away from other common contraceptives. Judge Edward Korman ruled this week that the agency’s decision was based on politics not science, and that it constituted an unacceptable public health buzzkill.
The court noted that “were the ‘Federalist Papers’ just being published today via e-mail, that transmission by Publius would violate the [current Virginia] statute.”
There’s four things we say over and over to readers writing in with problems who have gotten their legitimate claims spurned by regular customer service. They just keep working! They’re EECB, Executive Customer Service, Chargeback and Small Claims Court. Inside, what these tools mean and how to get started using one.
Banks don’t always own the homes they’re trying to repossess, a crucial oversight that residents facing foreclosure can exploit to stay in their homes—though not without effort. Mamie Ruth Palmer successfully sued the Bank of New York after the bank tried to foreclose her home without possessing the note securing the property. After six years in court, the bank agreed to slash her outstanding mortgage in half and waive $12,000 in foreclosure fees so she could keep her home.
A California court has upheld the scrawny Netflix “throttling” settlement from 2006. That was when Netflix settled a class-action lawsuit that alleged they intentionally slowed down the rental rates of high-renting customers. The settlement only really benefited lawyers and Netflix, but it stands.
The US Isn’t the only wacky lawsuit country. In China, KFC won a defamation lawsuit filed by an elderly gentleman who accused the fast food chain of damaging his social standing, because he felt their “teadog set meal” implied that he and his grandson had become “dog friends.” [China Daily]
Greenberg said the most common mistake couples make is to assume that justice is an absolute.