How does The Warranty Department afford (or avoid) the FTC Do Not Call fines? Supposedly, there are fines associated with violating the Do Not Call list — these fines may be, per call, greater than the US median yearly income — yet this ubiquitous script plagues most peoples' voicemails: Hi, this is (Lisa|Anne|…) with The Warranty Department… this is the final call for you to renew [your car's extended] warranty before we close the file. How has this universally-hated company kept getting away with it, for so long? Is it incorporated outside US jurisdiction? Do they just declare bankruptcy and re-form yearly? Are they, like so many other companies, getting duplicitous &quot;consent&quot; to do what they do vis-a-vis some professional relationship with payment processors or credit bureaus? Even if we assume that as many as 1 in 1000 people take them up on the incoming offers, I cannot imagine that they pull an average of 1,000 years' wages per victim to remain in the black after the FTC fees… so how are these calls still coming? Is TWD an off-shore corporation? Is the FTC unable to identify them? Are they simply choosing not to enforce the fines? Or are these calls merely a perennial scam, a Sybil attack perpetrated by people unrelated to each other, who are just using the same stock audio recording for their telemarketing outreach?
Outgoing phone numbers are often spoofed, making it harder to know where the calls come from, and they are often sent through a call center outside the US where the FTC has no authority. This makes enforcement hard, adn if a given case does not involve large losses, the FTC is not likely to try to persue the issue.
What's the use of contracts if you can't take a contract violator to court? A clear, thoughtful contract can be a deterrent to misconduct, and Australia is one of many jurisdictions where pro se litigation is allowed. Self-represented litigants certainly have to undergo a steep learning curve and are expected to comply with a code of conduct, procedural law, and so forth, but my point is that hiring a lawyer is not compulsory. Even if for some reason the defrauded party declines to sue the tortfeasor (thereby forfeiting the recovery of the losses), there is a societal obligation to alert others about the tortfeasor's misconduct. Making the contract available to others facilitates alerting them on objective grounds so they don't become the tortfeasor's next victim, and it simultaneously helps for setting the record straight that the damages/losses were not one's own fault. Without a contract, it would be more difficult for others get a sense of whether misconduct occurred at all. Or worst, halfway down the line, you don't have any money left to pay your lawyers, and they leave the case. Hence the importance to litigate in pro per from the start. It is easy for a person retaining a lawyer to postpone (be it due to family obligations, workload, and so forth) his learning of the law. But that postponement only makes the client more vulnerable to his lawyer's subsequent withdrawal when court proceedings are midway: the client would have the dilemma of either finding another lawyer to resume the case --predictably at a higher cost--, or cram the learning curve in trying to keep up with the proceedings.
You ask permission, preferably with legal counsel to handle the details. It really is that simple. Unsurprisingly, most companies don't want to give their code away- especially to a competitor. If you even get a response, they will expect something in return i.e. money. Realistically though, it's unlikely they will respond, much less deal with you.
Yes, but ... It doesn’t protect you. Let’s imagine you put such a clause in and a person in Europe used your service notwithstanding: they’ve broken the contract but you’ve broken the law. You get the fine and they get ... nothing. Because you can’t contract outside the law you never had a valid contract with them so you have no basis to sue. Further, because you are purporting to something you can’t legally do, you are probably on the wrong side of misleading and deceptive consumer protection law: which is another fine. If you can ensure that you don’t breach local law - like by not operating over the internet - then you can choose not to deal with e.g. Europeans. If you can’t guarantee that, then you’re stuffed.
Suing them and winning may not be that difficult, and you can generally sue a business even if it ceases to operate as a going concern. Collecting the judgment you win, however, is likely to be very difficult. Still if you are going to sue, the sooner the better, because outside of bankruptcy, the general rule is that the person who is first in time to actually seize the available assets of a company with more debts than assets is first in right to those assets. Also a squeaky wheel is often the one that gets the grease. "Shaming" companies on social media often works for going concerns, but is rarely effective when a company is actually going out of business soon. There are special remedies available against recipients of improperly diverted funds when funds are deliberately sucked out of the organization without receiving anything in exchange for its money (this is called a "fraudulent transfer"), but those cases are expensive to bring and hard to prove. Often in the case of a legitimately failing business, operating losses and not improper diversion of funds from the company, is the reason that it doesn't have enough money to pay all of its debts in full, so this remedy is not available. Winning a lawsuit simply gives you a piece of paper stating that the defendant owes you money which you can then use to seize money and property from the defendant and/or people who owe the defendant money, if you can find either of those things. But, you can't get blood out of a turnip, and the alternative formal collection mechanism (forcing an involuntary bankruptcy) requires the coordination of multiple significant creditors and may not provide much better results if the company has genuinely run out of money, although unpaid wages are often entitled to priority in bankruptcy up to a certain dollar amount which is a preference that is not generally available outside of bankruptcy court. There are sometimes laws that can be invoked to hold people affiliated with the management of a defunct business personally responsible for unpaid wages (sometimes the Fair Labor Standards Act (FLSA), and sometimes state wage claim acts). And, very rarely in egregious cases that affect lots of people where there was an intent to stiff you before you finished earning new wages at the company, a local or state prosecutor will prosecute a company or its officers for "wage theft". Finally, "freelancers" often have far fewer rights in efforts to collect wages than true employees, so a mere independent contractor is in a weaker position and should consider that fact when deciding whether or not to settle. Bottom line: consider seriously accepting a settlement because the cost of collection and the unavailability of assets to collect from once it goes out of business may make a bird in the hand worth more than two in the bush.
Wave Broadband is a private company; they can probably decide to not provide service to an address that is in arrears or collections. I'm sure there is a clause in their service contract that states they can do that, and there would be local or state laws to support that. Whatever public service commission governs the state may also allow that. It's possible that Wave is breaking the law by denying service to a whole address, but doubtful. You can check with the state level public service commission.
When screening potential tenants, what is the proper way to turn them down, and the legal implications if the tenant asks for more details? The "proper" way to turn someone down depends on why you decided to turn him or her down. As long as you did not decline to rent to a tenant because of information you learned in a credit report or commercially available criminal background check, you are not required to notify them. However, it is a good business practice to notify them in writing as Nij's post suggests. However, it would be a good idea to keep a copy of the letter for you records and possibly write down some notes. Such as, "other applicants had higher income," or "could not verify rental history." These kinds notes one the letters you mail out will be you friend should you ever be accused of improper discrimination on the basis of race, gender, religion, etc.. Declining to Rent Based Upon a Credit Check or Commercially Available Background Check: The federal law that governs credit checks and commercially available background checks is the Fair Credit Reporting Act ("FCRA"). The FCRA regulates "consumer reports," which includes credit reports and criminal background checks that are assembled by companies. (The FCRA does not apply if you, yourself, are going to the state police or courthouse to get background check records). Under the FCRA, requires that people who make decisions against someone based on information in a credit or background check, notify that person. The FCRA calls this decision against someone an "adverse action" and requires that you provide the affected party the following information: The name, address and telephone number of the company that supplied the consumer report, including a toll-free telephone number for companies that maintain files nationwide; A statement that the company that supplied the report did not make the decision to take the adverse action and cannot give the specific reasons for it; and A notice of the individual's right to dispute the accuracy or completeness of any information the company furnished, and the consumer's right to a free report from the company upon request within 60 days. The FCRA calls this notice an "Adverse Action Notice." See 15 U.S.C. 1681m. An adverse action notice can be oral, written, or electronic. Obviously, written or electronic would be the best since you can prove that it was sent. Also, be aware that the FCRA has civil penalties if it is violated. The Federal Trade Commission has a helpful guide that lists some of the basics of when you do and do not need to provide adverse action notice. Website: Using Consumer Reports: What Landlords Need to Know Brochure: FTC Facts for Business However, it does not cover criminal background checks, which have many of the same rules as the credit checks under the FCRA.
I'm assuming you are talking about "warrants in debt" and not arrest warrants. A warrant in debt is that the creditor has filed with a court for the repayment of a debt. The court will then issue a judgement (in default if you do not appear) either for the creditor or the debtor. After that, the creditor can then (if they win) seek things such as garnishment to repay the debt. Now in the UK, they have accepted the "Electronic Communications Act of 2000" which means that a Qualified Electronic Signature (QES) is as legally binding as a "wet ink" signature. Non-QES signatures may also be binding, but that requires additional evidence. Let's take an example of a small personal loan. Let's say you apply electronically for a loan of X amount. The loan is approved and the money is transferred into your bank account electronically. You spend the money but make no attempt to repay the loan. First the bank will make attempts to collect the debt via normal means, then they may sell the debt to a debt collector. The debt collector will apply for a "warrant in debt" to take you to court for the amount (possibly with fees). If you do not appear, a default judgement will be applied to you. If you signed the loan application with a QES compliant system, that signature is all the debt collector will need to show that you accepted the debt and the repayment terms. If you did not sign with a QES system, they can still submit the application but they may have to prove other things, like: Your intent to obtain money for some purpose Your action in keeping/spending the money No action on your part to return or rectify the transfer Any payments you may have made towards the loan (shows that you acknowledge the loan and terms) So no, as of at least 2000 most countries accept some type of electronic signature to be legally binding. An entirely different topic would be if the debt is legal without the paperwork. Many debt collection agencies buy debt in bulk that may not be much more than an Excel sheet with the amounts and names/addresses and other personal information. A lot of times the entire debt "paper trail" is not transferred with these debt purchases so a debt collector may have purchased $10 million worth of debt for $50,000 that is nothing more than an Excel sheet. I believe in the US this has held up, but I'm not sure about the UK/rest of the world. What the YouTube people may be saying is that they don't have anything regarding the debt as far as binding paperwork goes. That may be something completely different.