No More Texting and Driving

     Texting while your vehicle is in motion is now illegal and can subject you to a $50.00 fine.  Title 75 has been modified to add the definition of a "Interactive wireless communications device” or “IWCE.)   The definition if an “Interactive Wireless Communications Device” includes devices that can be used for voice communication, texting, e-mailing, browsing the internet or instant messaging but specifically excludes a device being used exclusively as a global positioning or navigation system; a system or device that is physically or electronically integrated into the vehicle; or a communications device that is affixed to a mass transit vehicle, bus or school bus.

     Section 3316 of Title 75 was amended to prohibit a driver from operating a motor vehicle on a highway or traffic way while using an interactive wireless communications device to send, read or write a text-based communication while the vehicle is in motion.  This does not apply when you are placing or ending a telephone call.

     A "text-based communication" means a text message, instant message, electronic mail or other written communication composed or received on an interactive wireless communications device.

This can be a primary offense which, like failing to wear your seatbelt, can be the basis for you being stopped by an member of law enforcement.

    

     Consider these issues with the new law –

1)   It is illegal to send, read or write.  If you are accused of writing or sending a message, we can look at your usage/history to determine if you did or didn’t send a message at a give time as the officer represents.  However, the real curious one is read.  It is presumed that all the officer will needs to say is that he saw a glow of a IWCE and the drivers head was in a position that he was reading the IWCE.  How could you ever prove you weren’t reading a message?  There’s no history of that type of use.

2)   While it’s possible that a website’s content could fall within the definition of “other written communication,” there is no prohibition on surfing the internet while driving. 

3)   There is also a difference between operating and vehicle and it being in motion.  Is being stopped at a red light and checking your email a violation of this new law?  While you are still “operating” your vehicle when you are waiting at the red light, you are certainly not “in motion.”  What about pulling over to the side of the road?  Again, not in motion but likely still operating the vehicle.  Where exactly do “in motion” and “operating” begin and end?

4) This may prove to be an interesting area of law with lots of permeations

Good luck, be careful and I wonder what you think about the law?

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$2.5 Million Civil Penalty Assessed to Debt Collection Company

     In United States of America v. Asset Acceptance, LLC, Asset Acceptance LLC, a major U.S. buyer of consumer debt, agreed to pay a $2.5 million civil penalty to settle charges that it used deceptive collection practices. 

     Asset Acceptance, LLC purchases old consumer debt from credit card companies, health clubs and other creditors.  An investigation revealed that it failed to investigate when a consumer said debt information was wrong.   In some cases, consumers would not learn that Asset Acceptance reported them to a credit bureau until they applied for a loan. Believing the debt to be invalid, consumers would sometimes pay the debt just to be sure they would get their new loan.

     Asset Acceptance, LLC  would deceive consumers by claiming to sue in order to collect the debt, knowing that they could not because the statute of limitations to sue for the debt had already passed.

     According to the Federal Trade Commission, Asset Acceptance's debt collectors would sometimes misrepresent the amount of a debt or give credit reporting agencies inaccurate information about what was owed. 

     In the complaint filed against Asset Acceptance, LLC, the government claims that as of September 30, 2010, Asset Acceptance had 34 million accounts with an original value of more than $42 billion which it had purchased for 2.54 percent of the face value.

PJRLAW: MORTGAGE FORECLOSURE DIVERSION PROGRAM

PJRLAW: MORTGAGE FORECLOSURE DIVERSION PROGRAM: MORTGAGE FORECLOSURE DIVERSION PROGRAM Looks like the Cumberland Court of Common Pleas is taking steps to assist homeowners facing foreclos...

MORTGAGE FORECLOSURE DIVERSION PROGRAM

MORTGAGE FORECLOSURE DIVERSION PROGRAM

Looks like the Cumberland Court of Common Pleas is taking steps to assist homeowners facing foreclosure.  It is anticipated that later this year a mortgage foreclosure diversion program will be instituted.  The program is designed to provide a sixty (60) day stay for all newly filed mortgage foreclosure actions where the property is an owner occupied residential property.  During those 60 days, property owners will have the ability to participate in this program which will give them the opportunity to meet with a representative of the lender.  A meeting will take place and the parties will attempt to work out reasonable arrangements before the mortgage foreclosure action proceeds. 

Homeowners will have the option of having an attorney appointed to assist them with the negotiations.  This will be provided to homeowners without cost to them.  MidPenn Legal Services will serve as the representative for homeowners who qualifying based on financial factors.  Those households that do not qualify for assistance by MidPenn, the program will rely upon private attorneys willing to provide pro bono services pursuant to a limited representation agreement. The attorneys will not obligated to provide continuing assistance to the homeowner after the initial conference.  If the matter is not resolved through the initial conference, the attorney and the homeowner may enter into a separate agreement for legal services representing the homeowner in the mortgage foreclosure itself.  Look for more information from the County.

PJRLAW: Things that come in threes...

PJRLAW: Things that come in threes...: "With the death of Amy Winehouse people are again talking Celebrity Death Pools and Things That Happen In Threes. So here are some things t..."

Things that come in threes...

With the death of Amy Winehouse people are again talking Celebrity Death Pools and Things That Happen In Threes.  So here are some things that I think will happen in threes…

A.   Professional Lockouts:

1.       Fact - The NFL – Thank got its over because I am ready for some football but my Denver Broncos may not be ready for a couple more years!

2.       Fact - The NBA – their collective-bargaining agreement expired June 30^th

3.       Prediction - The NHL is next…

B.   Defendants Getting Off High Profile Criminal Cases:

1.       Fact - Casey Anthony – No one is sure what happened there except… throw enough at the wall and something is bound to stick!

2.       Prediction - Dr. Conrad Murray – Michael Jackson’s  personal physician now claims that the pop star ingested the fatal dose of propofol himself.  This “unique” defense was such a surprise to LA County prosecutors that they needed to delay the trial in order to prepare their case in light of this defense.  Is OJ Simpson a consultant for Dr. Murray???  Another miscarriage of justice in LA!

3.       Prediction - Former International Monetary Fund Chief, Dominique Strauss-Kahn – Nafissatou Diallo claimed to be attacked by Strauss-Kahn at the Sofitel Hotel but now prosecutors are waffling in light of concerns about Diallo's credibility ala Kobe Bryant; Ben Roethlisberger; the ENTIRE Duke Lacrosse Team. 

C.   Guys That Will Never Get Into Baseball’s Hall of Fame:

1.       Fact - Pete Rose – While hold 17 Major League records, Rose’s voluntarily agreed to be placed on a permanent  Hall of Fame ineligibility list.  No one is sure what happened there except… throw enough at the wall and something is bound to stick!

2.       Prediction - Mark McGuire.  Notwithstanding his impressive numbers, with only 19.8% of the vote last year, voters are sending a strong message to those players who have been connected to the performance enhancing drug controversy in baseball.

3.       Prediction - Roger Clemens.  Possibly, by statistics, the best pitcher who ever lived - 354 wins;.658 winning percentage; struck out nearly 4,700; 7 time Cy Young winner  who is called a multiple affair, drug user by an ESPN personality may have a real hard time getting enough votes for the Hall of Fame.

D.   “Celebrity” Layouts in Girlie Magazines:

1.       Prediction - Casey Anthony.  She will become a publicity hound and she’ll want to “flaunt” herself which may move he up on the “Celebrity” Death Pool!

2.       Prediction - Danielle Staub – The Ex-New Jersey Housewife should really think twice about that and I am sure her children are soooo proud that momma sold her sex tape to Hustler.  Ugh and ill all in the same breath.

3.       Prediction - Nicole "Snooki" Polizzi – In the same category as Danielle Staub , the Jersey Shore member has watched her “rising star” falls booking appearances at wing joints and bars.  Maybe that would be the jolt her “career” needs.  Say it with me… ugh and ill!!!

E.   Celebrity Death Pool:

1.       Fact - Amy Winehouse

2.       Prediction - Zsa Zsa Gabor – A Celebrity Death Pool Favorite

3.       My Wild Card Prediction - Lindsay Lohan – Hopefully I’m wrong and she has stepped off the path to self-destruction. 

PJRLAW: Things You Should Not Ask During A Job Interview

PJRLAW: Things You Should Not Ask During A Job Interview: "1. Are you married? - If you are looking for a date, try one of the online dating services, it will be cheaper in the en..."