The Truth in Lending act was created in the year 1968 with the purpose of protecting consumers in their transactions with creditors and lenders. It was implemented by the Federal Reserve by several regulations. The most important features of the act are the information that should be disclosed to a borrower before a credit is extended, the annual rate of percentage, loan term and the total costs of the borrower. All information should be conspicuously on the documents presented to the borrower before signing.

Another purpose of the act is to provide consumers a way to compare loan provisions for a well-informed choice and so that they may comprehend the loan costs before they sign. The act covers revolving credit, card lending, lines of credit, consumer and business loans and installment agreements. The Truth in Lending Act or TILA regulates what companies may advertise regarding the benefits of their services and loans. Although the TILA could vary from state to state, the main feature is still the proper disclosure of vital information to protect both the lender and consumer in their transactions. Other provisions in the Act prohibit credit card companies from issuing cards to those who have not applied for them. It limits the amount that the cardholder is charged for unauthorized use of the card and regulates credit advertising by disclosing specific information. These disclosures allow you to make a thorough comparison of credit offers. The act also requires a meaningful disclosure of several credit terms and is designed to protect borrowers or consumers from unfair and inaccurate credit billing.

The TILA strengthens competition and promote economic stabilization by informed utilization of credit. Furthermore, it is to be construed in favor of consumers for creditors who fail to comply with it and be liable to consumers regardless of the violation nature or the intent of the creditor. The TILA applies to a person or business that provides credit who met the conditions such as offering credit to consumers, regular offering or extension of credit, subject to finance charge or payable by written agreement in more than four installments and credit is mainly for family, personal or household purposes.

TILA is not applicable to creditors extending credit mainly for commercial, business, agricultural or organizational and other purposes that are regulated otherwise, like securities brokers. Nevertheless, rules that govern issuing credit cards and liability for unauthorized use are applicable to all credit cards. The disclosures in the TILA include the creditor identity, amount that is financed, itemization of the amount financed, and annual rate of percentage, which includes variable-rate disclosures, finance charge, total payments, and schedule of payment, prepayment or late payment fines. If applicable in a transaction, it also includes the total cost of sales, demand feature, security interest, deposit required, insurance and contract reference.

Failure to comply with the Truth in Lending Act requirements is subject to civil remedies, which could be brought in an US court or in other competent court within a year after the violation happened. This term does not apply when violations of the TILA are used as a defense, counterclaim or set-off except as provided by the law of state.

By: Sonia C Lleso
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The Patriot Act

Any organization or company can be compelled to surrender customer identifying information for a variety of reasons and an assortment of procedures. With The Patriot Act it is now even more encompassing, as the act has made several important changes. The law has settled on the interpretation that telephone company records of calls made to and from an individual's home are not protected by the fourth amendment.

The fourth amendment does not cover it because there is no "justifiable expectation of privacy" in regards to them. Smith v. Maryland, 442 U.S. 735 (1979) is an example. What this means is that the only thing that is required to pull these records is the showing of reasonable grounds that there is relevancy to a criminal investigation. This will entitle law enforcement officers to a court order mandating that access be granted.

The Patriot Act further expands these powers. For example, section 212 allows communication service providers to hand out the customer's records or communications (including stored voicemails) in an emergency where there is a threat of bodily injury. The definition of a threat of bodily injury is somewhat vague and the courts have used their discretion in the past.

With voicemails having been placed in the same category as emails there is now less protection. Before the Patriot Act it was possible that a court would dismiss voicemail evidence that was not obtained with wiretap order. Voicemails are, pursuant to section 209, subject to a simple warrant.

Federal Law

It has been determined that voicemail recordings are "discoverable" in the legal sense. This means it is not shielded completely from use in court cases. According to federal law - "Discovery of Electronic Data includes writings, drawings, graphs, charts, photos, sound recordings, images, data or data compilations stored in any medium that can be translated into a reasonably useable form including emails, cell photos and PDAs, instant messages, voicemail." (FRCP 34(a)).

Voicemail as a Defense Tool

It can come to pass on occasion that people lie. Sure, most people are good and try to do the right thing but sometimes they are misled, coerced and sometimes, just malicious.

There was a hard working family man, called "Bob," who worked a blue collar job for a relatively large firm for several years. Bob was fairly successful, was paying his dues in life, and was on good terms with most people he worked with. It happened one day that a report was filed with HR about some alleged wrong doing; nothing criminal in any way but a definite black mark and possibly a firing offense for Bob. A coworker, "Dick", had reported some alleged policy violations that made "Bob" - who also happened to be a friend of Dick's - look like a major screw-off in the workplace. Dick later felt horrible about it, called and left a voice message for Bob begging forgiveness for it. Dick confessed that a senior supervisor - one of the very few people who did not like Bob - had threatened his job if he did not falsify the report. This voice message was very damaging evidence against the unscrupulous supervisor who had arranged the entire situation to eliminate Bob.

This is a true example (names have been changed) of what can be done with voicemail as a defense tool. It is not only criminal investigators who can use voicemails as evidence, with there being no justifiable expectation of privacy the owner of a voice mailbox is free to use any messages for their defense against any allegations that the voicemails might be connected to. Recording someone surreptitiously is often illegal, however, when someone leaves a message on your answering machine or voice mailbox, they know they are being recorded and thus consent to it.

By: Jeff Noctis
The audio engineers at Audible Forensics are well acquainted with various approaches to voicemail transfer services. They frequently apply audio enhancement techniques to voicemails and provide certificates of authenticity for legal purposes when needed. Visit our site if you're interested in checking out our voicemail recording services.

There used to be some hesitation in the past few decades for the spouses of people injured in automobile collisions or other types of accidents to pursue loss of consortium claims as part of the larger personal injury claim. This hesitation or fear was due to, for lack of a better explanation, shyness; a fear that the claimant or Plaintiff would need to discuss the most intimate details of their sex life in open court before a crowd of ogling strangers. Gradually, though, juries and the system in general have realized and recognized that these consortium claims involve more than just the affect that the accident and personal injury have on the Plaintiff's ability to engage in sexual relations with their spouse.

Nowadays, there is prevailing sympathy for those plaintiffs who are able to convincingly show that the relationship with their significant other was strained because of a personal injury sustained in an accident. Though there is no magic value calculator, financial compensation is deserved and awarded in many cases. Loss of consortium claims can involve:

• Loss of companionship

• Loss of affection

• Loss of emotional support

• The claimant's inability to perform household responsibilities

• The claimant's ability to help care for, provide for and discipline the children in the household.

• The claimant's inability to participate in any other daily activities that were an important of the relationship.

The plaintiff and their significant other's claim for loss of consortium must be supported by their credible testimony. The Plaintiff and their spouse will need to credibly testify as to how each of the above facets of their relationship was affected. It is important, however, for them to be able to give specific examples of how the relationship with their loved one has been strained; vague generalities will only make them look like they are fishing around to pad the personal injury claim. Usually the chance of succeeding in a consortium claim becomes stronger with the severity of the personal injury suffered. Traditionally, these consortium claims are considered only in cases involving a married couple of a man and woman, but as we become a more accepting society, unmarried and non-traditional couples may be considered.

If you have a valid loss of consortium claim, even if you are questioned about the more intimate details of your relationship, don't let that intimidate and prevent you from pursuing the compensation that you deserve. Chances are that pretty much no matter what you say; anyone listening to your testimony has read more racy material in the check-out lane waiting to pay for their groceries. At least they will be paying attention.

By: Faye Counts
Faye Counts (SCLA, MBA) has over 20 years in the personal injury claims handling industry. She is a contributing writer for insuranceclaimshelpforyou.com.

In 1994, Congress passed the Dietary Supplement Health and Education Act (DSHEA), which effectively allowed manufacturers of everything from weight loss pills to cholesterol-lowering supplements to put their products in front of consumers without regulatory oversight. The Federal Food and Drug Administration is tasked with approving prescription and over-the-counter medications - a process that can take up to ten years of research and development - but it is able to address health supplements only after a product is on the market and claims of injury have been lodged by consumers and/or health care professionals.

FDA Warnings, Banned Products and Criminal Investigations

The FDA has a limited selection of responses with which to address potentially dangerous dietary supplements, one of which is a public warning. In May 2009, the FDA issued warnings stating that the weight-loss product Hydroxycut may cause serious liver damage. After the warning was issued, the manufacturer instituted an immediate voluntary recall of the product.

Similarly, FDA agents raided American Cellular Labs' (ACL) Maurice Sandoval's home and affiliated retail shops in July of 2009, responding to reports of products containing substances covered by the Steroid Control Act of 2004. A warning was issued instructing the public to stop using several body-building products manufactured by ACL and an active criminal investigation is continuing.

In both cases, the substances were already on the market, putting the health of consumers at risk, before the FDA could act.

Truth in Advertising

Regulations regarding advertising and labeling health supplements fall under the Qualified Health Claims section of FDA guidelines. Under these guidelines, before marketing their product, manufacturers must file a petition with the FDA detailing the supplement's health claim prior to going to market. No studies or testing, however, are required to back up any of the statements. Although the FDA must approve these statements, it is up to the consumer to read the complete label, including any disclaimers, before making the decision to take a supplement. And the consumer must keep in mind that any punitive action is available only after a product is on the retailer's shelf and has received enough complaints to be suspected of being unsafe, as in the case of Baltimore Orioles pitcher, Steve Bechler, whose 2003 death ultimately lead to the ban on ephedra.

Lawsuits Naming the FDA

In what some analysts classify as an effort to dilute FDA regulations regarding disclaimers and standardized manufacturing processes, the agency has been named in a series of lawsuits citing First and Fifth Amendment rights. The plaintiffs contend that the FDA is guilty of censorship, overzealous application of the qualified health claims system, and the imprecise wording of the Good Manufacturing Practices regulations.

The FDA has not yet responded to these allegations, although several industry experts have weighed in on the side of the government agency. However, in light of the national focus on health and wellness and health care reform, these legal actions have the potential to significantly change the way the health supplements industry presents its products to U.S. consumers.

By: John N Tyler
Contact New Braunfels product liability lawyers at Tyler & Peery to schedule you initial consultation. Talk with us about your personal injury, and let us develop a winning strategy for you. Call 866-798-0737 today or visit online.