Law Offices of Brian Turner LLC

Archive for November, 2010|Monthly archive page


Major Food Safety Bill Passes the Senate

In Legal News on November 30, 2010 at 11:39 am

The Washington Post is reporting the passage today of a long-stalled, yet widely supported, food safety bill.  The leadership of the House of Representatives has indicated that they will accept the Senate version of the bill, despite having passed a more stringent version of the legislation over a year ago. 

Under the bill, the Food and Drug Administration will have the authority to order recall of tainted foods (currently only voluntary recalls by producers is allowed).  The bill requires FDA to regularly inspect farms and food production facilities and gives FDA access to processing plant and farm records that it has not had before.  Further, the bill gives the FDA standards, for the first time ever, to verify the safety of imported food products.  Exemptions for small farms that sell directly to consumers at farmers markets and similar points of sale were added to the bill before passage. 

The bill was widely supported by members of both parties, as well as consumer and business groups.  It is anticipated that the bill will go before President Obama before the end of the current legislative session.   

In light of major outbreaks of E. coli and salmonella over the last few years, this legislation is long overdue and a major victory for consumers. 

Cell Phone Case Could Have Major Effect on Consumer Class Actions

In Legal News on November 11, 2010 at 10:59 am

This week, the United States Supreme Court heard oral arguments in a case that could have a major effect on the options consumers have to protect their rights.  The case involves a California couple who were charged $30.00 in taxes for a “free” cell phone when they signed up for service with AT&T Mobility.  The fine print of the purchase contract included language that said any disputes under the contract were subject to arbitration and that the consumers had waived their right to file a lawsuit or to be part of a class action.  California consumer protection laws allow consumers to file class action lawsuits. 

The consumers filed their class action case, and the lower courts found that the provision of the contract attempting to take away the right to participate in a class action was unconscionable and should not be enforced.  This case raises the issue of whether the Federal Arbitration Act trumps state consumer protection laws.  Not surprisingly, civil rights and consumer groups are pitted against business groups in their support for the various interests at stake, and questioning from the Justices demonstrated that a division on the Court on the issue of state’s rights versus federal law will likely come into play in the decision the Court will render.  26 different groups filed “friend of the Court” briefs in support of the various positions in question.  This decision could be far reaching and effect the way consumer complaints are handled across the Country.  However, the Supreme Court could also decide the case on a narrow basis limited to the facts of this specific case.  A decision is expected early next year.   

The case is AT&T Mobility v. Concepcion.


Coupon “Glitch” at Target Stores

In Legal News on November 3, 2010 at 3:06 pm

Recent media reports have called attention to a problem that has been plaguing Target retail stores since summer.  Due to what Target is calling a computer “glitch,” consumers are not receiving full value for certain manufacturers’ coupons when paying for their purchases.  However, when Target redeems the coupons, the retail chain receives full face value for the coupons.  Target has been aware of the problem since at least this past August.  Yet, Target has not corrected the problem. 

The issue appears to be happening with coupons for an amount off of multiple items.  An article in the Chicago Tribune cited an example of a client with a $1.00 off coupon with the purchase of eight containers of yogurt.  When the eight containers were purchased and the coupon presented, the register was programmed in such a way to apply the discount to only one container.  Since Target, as is common with most retailers, will not apply the value of a coupon below the price of the item (making “free” the best deal you can get) the $1.00 coupon was only applied to the cost of one container of yogurt – or $0.39.  The customer was short-changed $0.61 – an amount Target would receive as a bonus when is submitted the coupon to the manufacturer and was paid the full $1.00 face value. 

While Target states that they are working diligently on the problem, there has yet to be a fix implemented.  Target suggests that consumers check their receipts carefully, and if any discrepancy is found, to take the receipt and the merchandise to the customer service counter for a refund of the difference. 

Consumers should pay extra attention when checking out at retailer stores with coupons.  The retailer is receiving full value for the coupon – they do not lose money on a coupon purchase.  Consumers need to make sure they are getting the deal they expect and that they are not short-changed for their purchases.

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