<![CDATA[Consumerist: Court]]> http://cache.gawker.com/assets/base/img/thumbs140x140/consumerist.com.png <![CDATA[Consumerist: Court]]> http://consumerist.com/tag/court http://consumerist.com/tag/court <![CDATA[ Court Changes Mind, Strikes Down Anti-Spam Law ]]> The Virginia Supreme Court agreed to reconsider its original judgment on the state's anti-spam law, which made it illegal to send email using an anonymous email address or IP address. Their new decision: prohibiting anonymously sent emails is a violation of the First Amendement.
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."

The real problem with the statute is that it's overbroad, said the court, and it can't simply be reworded. We assume this means the state legislature will have to start over, and this time limit the statute to "commercial or fraudulent e-mail, or to unprotected speech such as pornography or defamation."

This is one of those feel-bad judgments—ultimately we agree with the court that the law needs to be more specific in order to limit its power, but in the meantime this means that spam king Jeremy Jaynes, who had been sentenced to 9 years in prison in 2004 under the newly enacted law, is now free to resume spamming until a new, better worded statute can be drafted.

"Va. Supreme Court Strikes Down State's Anti-Spam Law" [Washington Post] (Thanks to Michael!)
(Photo: Getty)

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Consumerist-5048766 Fri, 12 Sep 2008 14:50:37 EDT Chris Walters http://consumerist.com/index.php?op=postcommentfeed&postId=5048766&view=rss&microfeed=true
<![CDATA[ Consumerist's 4 Most Frequently Given Ways To Kick Ass ]]> 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.

1. Executive Customer Service - How to get routed to a high-ranking exec's secretary who will pass you off to the secret elite customer service squadron. They need to be able solve any and all problems, lest you persist in escalating and interrupt someone's golf game or steak dinner. Get Started.

2. EECB (Executive Email Carpet Bomb) - Sending a email blast to as many high-ranking execs as you can. The trick is figuring out the corporate email address format and combining it with publicly posted lists of company execs. Get Started.

3. Small Claims Court - For just a few hours work and under $50, you can get a judge to make a company give you what you're owed. Get Started.

4. Chargeback - Pay with a credit card and if you don't end up getting the goods or services you ordered, you can reverse the charge and not have to pay for it. Get Started.

(Photo: Getty)

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Consumerist-5045443 Thu, 04 Sep 2008 13:00:19 EDT Ben Popken http://consumerist.com/index.php?op=postcommentfeed&postId=5045443&view=rss&microfeed=true
<![CDATA[ Halt Foreclosure Proceedings By Challenging Your Bank's Claim To Your House ]]> 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.

The problems associated with banks that begin foreclosure proceedings when they do not have proper legal standing are now looming larger in the mortgage meltdown. Loans were heaped into trusts with little documentation of ownership or proper loan assignments — it was all about volume and the fees that came with it — and now that sloppiness is hurting both lenders and borrowers.

Mr. Rothbloom said he had another case in which the lender’s representative has been unable to prove ownership for two and a half years.

Meanwhile, consumer lawyers fear that borrowers are being pushed out of their homes by companies that have no right to do so. Such a prospect is particularly worrisome for residents in states that allow lenders to foreclose without court supervision, known as nonjudicial foreclosure states.

Losing a home is devastating for any family. Such monumental and consequential proceedings should adhere to letter of the law, and if they don't, families shouldn't hesitate to ask a court to defend their rights.

How One Borrower Beat the Foreclosure Machine [The New York Times]
(Photo: Getty)

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Consumerist-5029712 Sun, 27 Jul 2008 15:00:05 EDT Carey http://consumerist.com/index.php?op=postcommentfeed&postId=5029712&view=rss&microfeed=true
<![CDATA[ A California court has upheld the scrawny ... ]]> con_tinynetflixonred.jpgA 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. [Reuters]

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Consumerist-382913 Tue, 22 Apr 2008 23:00:52 EDT Chris Walters http://consumerist.com/index.php?op=postcommentfeed&postId=382913&view=rss&microfeed=true
<![CDATA[ The US Isn't the only wacky lawsuit country. ... ]]> con_tinyhappydog.jpg 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]

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Consumerist-373075 Thu, 27 Mar 2008 15:37:27 EDT Chris Walters http://consumerist.com/index.php?op=postcommentfeed&postId=373075&view=rss&microfeed=true
<![CDATA[ How To Get A Cheap Divorce ]]> humor.jpgWe're not saying you should get divorced, but if you're going to get divorced... why not make it a cheap divorce? ABC News has an extensive article about cheap divorces and how to get them. The main message seems to be that you'll need to put aside your differences and work it out... and if you were good at that you wouldn't be getting divorced, right? From ABC News:
Greenberg said the most common mistake couples make is to assume that justice is an absolute.

Each party firmly believes that if it gets its day in court, it will be vindicated. But, according to Greenberg, going to court is a gamble. "Justice can be elusive," said Greenberg. And, she adds, more than 95 percent of all divorce cases end up being settled out of court. "There's a reason for that."

Even though it's tempting, resist the impulse to run out and hire that famous "attack-dog" divorce lawyer you've heard so much about. "They're in pain and they're hurting and they're afraid of getting screwed and they feel powerless, so they reach out and get a lawyer ... but getting a lawyer doesn't always have to mean getting a warrior."

Greenberg advocates trying to talk to your partner before you rush to the experts.

The moral of this article is that the meaner the divorce... the more expensive it'll be.

How to Beat the High Cost of Divorce [ABC News]
(Photo:Maulleigh)

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Consumerist-275849 Fri, 06 Jul 2007 17:17:27 EDT Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=275849&view=rss&microfeed=true
<![CDATA[ How To Take Your Case To Small Claims Court ]]> Small claims or conciliation court provides a way for individuals to settle their differences with the help of a neutral referee or judge.

Inside, some tips to help you win your case in conciliation court.

The price of admission is generally low, between $50 and $100 most places. The plaintiff (the person who starts the case) files a short statement of the claim, pays the filing fee, and serves the defendant either by mail or by using the sheriff or other third party for personal service.

Conciliation court is a great place for consumers to get some justice. Before bringing your claim, however, you will want to check with your state's conciliation court to make sure you can actually bring your case. Generally, the defendant you intend to sue must have some personal or business presence in the state. Also, the amount of money you are seeking will probably have to fall beneath a certain amount. In Minnesota, for example, the total amount of the claim must be below $7,500.

You can probably find the complaint forms and other information on your state's or county's website. Fill them out carefully and completely, and bring them to court to file.

Here are a few more tips for your day in court:

• Spend a bit of time watching the daytime court shows. Seriously. Other than the judge's sass, they're not too different from conciliation court. Notice what the litigants do wrong.

• Bring all your exhibits and witnesses with you to court. Make an extra copy of documents, and keep them organized.

• Focus on the logical reason you should win. So often I see people want to tell their story. (A) There isn't time, and (B) it's irrelevant. Stick to the facts and why they matter.

• Always show respect for the judge or referee. They are the ones who decide whether you win or lose. The no-fail method of address is "your honor."

Conciliation court is a great way for consumers to get some justice in the courts. Build your case carefully and present it as professionally as you can, and good luck on your day in court! SAM GLOVER

(Photo: mikehager66)

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Consumerist-246502 Fri, 23 Mar 2007 10:41:52 EDT consumerintern http://consumerist.com/index.php?op=postcommentfeed&postId=246502&view=rss&microfeed=true