Legal consequences of failing to read fine print

For the past couple years, I have had the privilege of working as a consumer attorney.  I’ve occasionally written about some of the topics I’ve encountered as a consumer lawyer.  In this post, I’ll address another issue that I commonly encounter in my practice: illegible forms full of fine print that deprive consumers of fundamental rights.

What provoked this topic is a lawsuit I am currently handling.  My client sued a payday lender based on a payday loan that she alleges the defendant repeatedly processed and renewed in violation of the payday lending laws of Missouri.  This is a big deal to my client and to all of the numerous potential class members of this class action.  Why is it important?  For starters, this particular payday lender (and many others) charged 469% interest.  This is not a typo.  I have often asked friends and acquaintances whether they’ve heard of payday loans.  They usually say they have heard of those sorts of businesses.  I then ask them how much interest they think payday lenders charge.  Most people say something like this:

“Oh, I hear that it is an exorbitant rate of interest, perhaps 25%.” 

They are shocked to hear that it is legal to charge consumers 400 or 500% interest on a small consumer loans.  They are shocked to hear that some of these companies make it part of their business plan to repeatedly violate Missouri lending laws.  They are also shocked at one other thing, the topic of this post.  …

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Post-script to bureaucracy, now-found documents and health insurance. . .

For those of you who waded through my post of last week about my day trekking through the federal bureaucracy on a quest for documents, I have two things to add. First, thanks for taking the time to wade. Second, I got an update from my friend. Remember those records…

Continue ReadingPost-script to bureaucracy, now-found documents and health insurance. . .

The danger of focusing on human differences

Bill Clinton’s Commencement Speech at Harvard – June 6, 2007

The former President explained much societal dysfunction when he asked a simple question:  Should we focus on what human beings have in common or should we obsess about their minor differences? 

The outcome of this simple choice determines innumerable personal and political agendas.  To the extent that we choose incorrectly, the resulting contentious rhetoric has the capacity to mushroom into oppression and violence that can displace, maim and kill millions of people.  It has done so repeatedly.

Many of our political and moral disputes stem from this basic low-level perceptual choice: whether to focus on differences or commonalities.  Here is how Clinton captured the issue:

So if you look around this vast crowd today, at the military caps and the baseball caps and the cowboy hats and the turbans, if you look at all the different colors of skin, all the heights, all the widths, all the everything, it’s all rooted in one-tenth of one percent of our genetic make-up. Don’t you think it’s interesting that not just people you find appalling, but all the rest of us, spend 90 percent of our lives thinking about that one-tenth of one percent?

For at least six years, the air has been thick with violence, bigotry and oppression  because too many people are making the wrong choice up front.  The current Administration excels at choosing badly. The result? A de facto national policy that anyone who is different is suspicious. 

As eloquently …

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Wading through the government, one missing document at a time . . .

OK, bear with me here. I’m still processing the adventure a friend and I had earlier this week as we attempted to elicit information, of the public record kind, from our country’s federal bureaucracy. I accompanied my friend on a quest for information about a long-deceased relative. Wow. After only a small glimpse into the inefficiencies of, well, everything, we could only wonder how our entire system has not yet imploded upon itself. First, some background:

This relative in question died in the mid-1930s, and my friend’s family knows that he never became naturalized as a citizen of the US. He was still a citizen of his native Italy as of the 1930 census, the only government document my friend has found thus far (found, by the way, via the genealogical website, http://www.ancestry.com). The relative died only a few short years later. My friend’s search this week is for proof of this lack of naturalization. In order to acquire some documents from Italy, he must show that a search has been conducted for naturalization papers and that they have never been found. Dates are sketchy, as the only living relative with information was just a child when this man died, so the family is working from approximations.

My friend, a very organized fellow, had all the paperwork he’d been able to gather thus far carefully compiled in a folder. He’d scoured the websites of the USCIS (that would be the United States Citizenship and Immigration Services, formerly known as the …

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