Typically, you will see comments, information and opinions about legal issues in my blog. This week, I’m going to make an exception to that. I hate to take us off track, but I think this is important. Instead of blogging about a legal issue I’m going to take your time and attention to simply provide a list of those organizations which could use some help with their relief issues in Haiti.

The American Red Cross
www.redcross.com
Text “Haiti” to 90999 to donate $10 (billed to your phone)

The United Nations World Food Program
www.wfp.org

Action Against Hunger
www.actionagainsthunger.org

Project HOPE
www.projecthope.org

Partners in Health
www.pih.org

Most of the time when I write my legal articles, I try to give you some tips and practical hints to make your life a little easier when it comes to living with the law. This month, however, I want to take a moment to reflect on a document that made “the law” what it is today. Most of my friends know, I’m a bit of a history buff, especially when it comes to legal history. I promise I’ll write something more practical next month!

I was watching CNN recently when I saw a feature about one of the revisions of the Magna Carta going up for auction in New York. It turns out that this document was privately owned by billionaire H. Ross Perot. The document sold for a whopping 21.3 million dollars. A lot of money, but what price can one put on freedom?

As many of you may have learned in school, the Magna Carta was the single most important influence on the development of the constitutional rule of law we enjoy today. Essentially, the Magna Carta limited the right of the English monarch and gave certain protections to the king’s subjects. Most notable of these rights was the writ of habeas corpus, or the right to appeal an unlawful imprisonment. This was an astounding development in 13th century Europe! The Latin “Magna Carta” literally translates to “Great Paper.” Given its significance on the development of legal rule in western civilization, this name is no understatement.

There were several versions of this great document. The original Magna Carta came about as a result of a dispute between King John, Pope Innocent III and the English barons as to the rights of the monarch. While the power of the English king had been steadily increasing since the Norman conquest of 1066, a series of missteps by King John early in the 13th century led to discontent among the barons, anger from Rome, and a shortage in the treasury. On June 10, 1215, the barons marched on London. Londoners, in a show of support for the rebellious barons, opened the city gates and allowed them to enter without resistance. Fearing the loss of his crown (or even his life), King John agreed to grant certain rights and powers to his barons in exchange for their renewed vows of fealty. This written agreement was the first iteration of the Magna Carta. The document was revised and reissued several times over the next 80 years or so until its final issue in 1297. This is the document which was recently sold at auction.

So the next time you marvel at our constitutional government, our representative democracy, our bills of rights and the rule of law which we enjoy in this country, take a moment to reflect on the document that started it all. Given the influence of this document on our history, 21.3 million seems like a bargain.

No, I’m not talking about the stock market lately. Rather, I am talking about what to do after you trip or slip, fall, and are injured. While watching someone slip on a banana peel may be very funny in an old fashioned comedy, its no fun to go through this painful ordeal yourself.

Sometimes we trip because we aren’t paying attention, but sometimes a slip or trip can be caused by the negligence of the person or entity in charge of the area where the fall takes place. There are many factors that can go into the question of who is at fault, but there are several steps you can and should take to preserve your rights.

FIRST: Stay calm! After any incident like this you are going to have loads of adrenaline dumped into your bloodstream. This is what is responsible for the “fight or flight” feeling you may get. That same adrenaline may make you feel scared or shaken up, so be sure to take a few moments to compose yourself.

SECOND: Check for injuries. That same adrenaline that may cause a panic may also make you feel like you can just get up and walk away. Its natural after an embarrassing fall to want to simply disappear. You should, however, take a moment to make sure you are okay. If you feel you are seriously injured, do not hesitate to call for medical attention.

THIRD: Report and document the incident. If you are with someone, send them for help. If you are by yourself and cannot move, try to signal someone for help. If you are at a commercial or retail establishment, be sure to report the incident to he person in charge. Make sure to get their name and number, and note the date and time of day. If you have a cell phone with a camera, try to take a picture of the area where you fell and what it was that caused the fall.

FOURTH: Get proper medical attention. I graduated from law school, but I didn’t attend medical school. I’ll bet most of you didn’t either. Remember that serious injuries don’t always result in immediate pain or bleeding. If you need an ambulance – use it. If not, you may later need to drive to an emergency room or to your doctor’s office. Don’t take chances with your health.

FIFTH: (You knew this was coming, right?) If you have any questions or concerns about your legal rights, consult with an attorney. Most people don’t know what their legal rights are after an incident like this, nor do they know how to enforce those rights. An honest and knowledgeable attorney is your best ally in protecting yourself in the unfortunate event you are injured after a fall. While there isn’t much we can do about the falling Dow Jones, you may have rights after other types of falls!

Stewart J. Guss is a licensed attorney practicing in the Houston area for over 10 years. He concentrates in the areas of personal injury, insurance law, consumer law, and small business issues. Mr. Guss maintains an office in the Northwest Houston area and is proud to serve the residents of Cypress, Tomball, and the Houston area. He is available for speaking engagements on a wide variety of legal topics. For further information or for a free consultation, visit his website at www.attorneyguss.com, call him at 281-664-6500 or send an email to: stewart@attorneyguss.com.

As my wife and I explore our options in buying or building a new house, one of the things we look for are friendly neighbors. Nothing can spoil the fun and excitement of a new home faster than finding out that you have moved next door to the “mean old man” of the neighborhood. Of course, our new neighbors may not be thrilled when they find out that my 6 year old son is worse than Dennis the Menace! (Just kidding, Iain!)

While a few friendly words and an occasional basket of fresh baked muffins will go a long way toward insuring a good relationship with your neighbor, occasional conflicts are bound to come up. In this month’s article, I’m going to discuss a few of the more common problem areas.

We have all heard the expression “good fences make good neighbors,” but what happens when the fences aren’t soundproof? You would be surprised at the number of questions I get about “that darn dog next door that won’t stop barking” when I am at parties or speaking engagements. Unfortunately, there is no simple answer to this problem. The first step is to simply talk to your neighbor about the problem. If you approach in a friendly way, you may be able to work out a solution. The next step would be to research any ordinances or deed restrictions that may apply. If that avenue doesn’t work, you may want to consider bringing a “nuisance” lawsuit. Under the law, you are not allowed to maintain your property in such a way that would interfere with the enjoyment of a neighbor. (This is the principal that prevents you from opening up a “pay to plop” garbage dump in your back yard.) If a reasonable person would be substantially bothered by the barking dog, you may have legal recourse.

What do you do when the fence is not high enough to catch that tree limb before it falls on your new car? Again, there is no simple answer but certain principals might apply. First, don’t hesitate to file a damage claim with your automobile insurance company if you have coverage. That is why you pay premiums. If you don’t have insurance, I would suggest asking your neighbor for their homeowner’s insurance policy. There may be coverage for your claim. Ultimately, whether or not your neighbor is responsible for your damages depends on whether or not they were negligent. That is to say, if the tree was damaged, injured, overgrown or otherwise posed an obvious risk and your neighbor did nothing to trim or repair the tree, they were likely negligent. On the other hand, if the limb was knocked off a perfectly healthy tree by an unusually strong wind, there may be no negligence on the part of your neighbor.

What do you do when the fence is not high enough to keep out the neighbor’s children? Generally speaking, the law only requires you to take “ordinary” care to protect against trespassing children. For example, if you have an unusual or hidden danger in your yard, you should take steps to protect potential trespassers. Generally speaking, however, if you have taken ordinary and reasonable care to protect against potential dangers, you should be okay. The one important exception to this general rule is in regard to what is known as an “attractive nuisance.” An attractive nuisance is something that is known to attract children such as a swimming pool or trampoline. If you have an attractive nuisance in your yard, the law imposes special duties and obligations to block access to and minimize potential dangers. For example, homeowners (absent codes or deed restrictions to the contrary) are not normally required to build fences around their yards. When you have a pool, however, you would likely be held liable for injury to a child that was hurt in your pool if you did not have a fence.

At the end of the day, the best advice to good relations with neighbors may be to build a good fence and bake lots of muffins. When that is not enough, however, remember that you have important legal rights and responsibilities in regard to the folks next door.

I’ve got bad news. Turns out Santa’s rosy cheeks are from a bit too much Kentucky Bourbon. Santa got busted tonight for SUI! (”Sleighing Under the Influence.”) Luckily he hired a great lawyer, I got him bailed out, got Rudolph to be the designated sleigher, and Santa should be on time for all deliveries. (Seriously – remember friends – if you indulge in the Christmas spirit, PLEASE put someone else behind the reins!)

“Arbitration clauses? What’s this guy talking about? I’m just an average guy, non of that stuff applies to me. Only big businesses have to worry about that arbitration stuff, not individuals like me. Right?”

Wrong. I’ll bet you’ve got at least one binding mandatory arbitration agreement (“BMA”) that applies to you right now. Many credit card agreements, automobile purchase agreements and mortgages have BMAs. If you have credit cards, a car or a house, you may be subject to several BMA agreements right now.

So what is arbitration? What is a BMA? Why should you care about any of this?

Arbitration is an alternative method of resolving disputes in which two parties present their individual sides of a complaint to an arbitrator or panel of arbitrators. The arbitrator, who is supposed to be neutral, then weighs the facts and arguments of both parties and decides the dispute. Decisions in an arbitration are usually final and cannot be appealed. In binding mandatory arbitration, a company requires a consumer to agree to submit any dispute that may arise to binding arbitration prior to completing a transaction with the company. Consumer are required to waive their constitutional right to have their dispute heard and decided by a jury of their peers (i.e. usually other consumers).

“Well, that doesn’t sound so bad. After all, I get to avoid all the hassle of a lawsuit, right?”

Here are a few things to think about. First, arbitration providers are organized to serve businesses, not consumers. All of their marketing is targeted toward businesses, and most of the arbitrators are either executives or lawyers in the corporate industry. Because only businesses are likely to be “repeat customers” of an arbitrator, there may be an inherent bias toward the business clients and against the consumer.

Also, “discovery” is greatly limited in arbitration. Discovery is the process by which the parties to a dispute obtain from the “other side” information and documents that are relevant to the case. In a regular lawsuit, discovery is a right; in arbitration it is a privilege. A consumer’s right to obtain important (and often incriminating) evidence against a business is often severely limited.

While there is nothing wrong with a voluntary arbitration agreement to which both parties have agreed and fully understand, many businesses require arbitration in the “fine print” before they will do business with you.

So what can you do? Shop around for credit cards. Find credit card providers who do not have BMA clauses in their agreements. Write to those who do and explain why you won’t be doing business with them. Likewise, when shopping for a vehicle, insurance, a mortgage, or any other major purchase, make sure ahead of time that you won’t be required to sign a BMA in order to conduct your business. Our forefathers fought to insure your right to a jury trial in civil cases. Make sure you do what you can to preserve that right!

Stewart J. Guss is a licensed attorney practicing in the Houston area for 15 years. He concentrates in the areas of personal injury, insurance law, consumer law, and small business issues. He may be reached at 281-664-6500 or via email at stewart@attorneyguss.com.

A “Donald Trump” Primer on Employment Law in Texas

One of the most common calls I receive in my office are calls involving employment situations. On a weekly basis I’ll get a call from someone who was fired regarding their situation. The call invariably ends with the question, “Can they fire me for that?” About nine times out of ten, the answer is “yes.” Texas is essentially an “employment at will” state. Basically this means that, unless you have an employment contract, you can be fired or you can quit at any time, for any reason, or for no reason at all. Say the boss doesn’t like your shoes? She can fire you. Say you don’t like the tie the boss is wearing? You can quit.

As with everything else in the law, however, there are always exceptions. For instance, the Texas Supreme Court has ruled that you cannot be fired for refusing to perform an illegal act. If you refuse to dump that fifty-five gallon barrel of toxic waste into Lake Conroe, your job is still secure!

Also, you cannot be fired for discrimination based on your age. Federal law makes it illegal to discriminate against anyone on the basis of age if they are over 39. And yes, in case you are wondering, it is a bit depressing to realize that this law applies to me now!

Here’s an interesting question: Can you be fired for refusing to take a drug test? Here’s a very lawyer like answer: Probably. Remember, private employers can fire you for any reason or for no reason at all. If your employer can fire you because they don’t like your shoes, they will likely have the right to fire you for your refusal to take a drug test. There are some exceptions to this rule, but they tend to involve public employers. (But honestly, do we really want intoxicated mail carriers wandering our streets?)

Okay, forget the drug test. Can you be fired for refusing to take a lie detector test? This is actually one of those exceptions I mentioned earlier. Federal law actually prohibits an employer from asking an employee or prospective employee to take a lie detector test. It is also illegal to refuse to hire or to fire someone for refusing to take the test. There are some exceptions to this rule that involve an employer’s ongoing investigation regarding economic loss or theft. But hey, what fun would the law be if there weren’t exceptions to the exceptions?

What do we do when laws appear to contradict one another? I recently had a call from someone who was fired for simply stating their opinion about a matter at work. They called me, very upset, and felt that their constitutional right to free speech was violated. I ended up giving them a good news / bad news answer. The good news is that you do have a constitutionally protected right to free speech. The U.S. Government cannot restrict your right to express yourself. The bad news is that your employer can fire you for expressing yourself at work. The First Amendment to the Constitution protects you from the government’s attempt to restrict what you say, but it does not affect your employer’s right to fire you for saying it. Besides, the guy ordering his pizza from you probably isn’t all that interested in your opinion on the Iraq war anyway!

Stewart J. Guss is a licensed attorney practicing in the Houston area for 15 years. He concentrates in the areas of personal injury, insurance law, consumer law, and small business issues. Mr. Guss maintains an office in the Cypress area and is proud to serve the entire Houston area. He may be reached at 281-664-6500 or via email at stewart@attorneyguss.com.

Well, it’s that season again!  Time for eggnog, parties, caroling, and swiping our credit cards through those little machines until they are hot enough to melt.  Some of us use credit cards for convenience, some for the frequent flyer miles, and some because we’re just a little short of cash.  Whatever the reason, almost all of us will be using our credit cards this season.

For most of us, the process should go pretty smoothly.  But what happens if we review our bill in January and we see a mistake?  (We ARE all reviewing our credit card bills before we pay them, right?)  What happens if we purchase something and it never shows up?  Do we have any recourse?  You bet we do.

There is a Federal law called the Fair Credit Billing Act (“FCBA”) that covers just these situations.  For example, let’s say you go to Toys R’ We and buy your little munchkin a “Tickle Me Flemo” doll for $49.95.  (Lucky you!  You got the LAST ONE in the store!)  Your credit card statement comes and you see that Toys R’ We charged you $495.50 for ten of the annoying little suckers!  First things first: you must try to make a good faith effort to settle the matter with the merchant.  If you are unable to do so, you should then write a letter to the credit card company explaining the error and disputing the charge.  As long as you follow the necessary procedures, the FCBA will protect you in this situation.

IMPORTANT:  In order to keep the protections of the FCBA, you must make sure that you write your dispute letter to the creditor at the address given in your statement for “billing errors” or “billing inquiries,” and NOT to the address to which you normally send your payment.  Also, your letter MUST reach the creditor within 60 days of the date of the statement on which the incorrect charge appeared.  For this reason, you should send your dispute via certified mail, return receipt requested, so that you have a “green card” showing proof of delivery.  The creditor MUST acknowledge your complaint within 30 days of receiving it, and MUST resolve the dispute within two billing cycles (but not more than 90 days) after receiving your letter.

The FCBA also covers situations such as:  unauthorized charges (your liability is limited to the first $50 of unauthorized charges, and many credit card companies will often waive this as a courtesy); charges listing the wrong date or amount; charges for goods or services you did not receive or were not delivered as agreed; math errors; and failure to properly post credits and payments.

There are other situations where the FCBA can come in handy during the holiday shopping season (and all year round, actually), so I would encourage you to take a look at the U.S. Federal Trade Commission web site (www.ftc.gov) for more information.  In the meantime, if you see me at the store reaching for that very last X-Game Station Cube III, you better just get outta’ my way!

Stewart J. Guss is a licensed attorney practicing in the Houston area for 15 years.  He concentrates in the areas of personal injury, insurance law, accidents and consumer law.  Mr. Guss maintains an office in the Cypress area and is proud to serve the entire Houston area.  He may be reached at 281-664-6500 or via email at stewart@attorneyguss.com.

Hooray! Studies have shown that texting while driving is more dangerous than drinking and driving. In this lawyer’s opinion, if you are behind the wheel of a two ton chunk of steel traveling at 40 miles an hour, your attention needs to be one ONE thing only – DRIVING!

I have seen a growing trend in my practice of representing people who were struck by a driver whose attention was on their cell phone rather than on the road. In my mind, this falls under the heading of “COMPLETELY avoidable collision.”

http://instantnewswestu.com/2009/12/07/6769/

Justice triumphs! One of my associates yesterday successfully resolved yet another dispute over a wrongfully denied life insurance policy. I am troubled by the number of cases we see where life insurance companies routinely deny life insurance claims to survivors of a tragic death. Fighting these denials is work that I’m very proud that we are doing!

Most life insurance policies have a two year contestability period. This means that the life insurance company can deny the policy if they can come up with grounds for doing so. Most often, they cite “material misrepresentation” on the part of the applicant. Often times though, these claims do not hold up on review. I hate to be a cynic, but sometimes it seems like some life insurance companies simply try to deny as many claims as possible within that two year period, just to see who is going to bother trying to find a lawyer to fight them about it. Luckily, some of our clients found us to fight that fight for them and I was very pleased to see another one of these claims successfully resolved by my firm yesterday.

As an attorney, I enjoy pursuing noble causes. Helping surviving family members obtain the proceeds that a deceased loved one expected them from a life insurance policy to have is very good work, indeed.

I am horrified to learn that one of the regular riders in the Northwest Cycle Club (the bicycle club I normally ride with) was struck and killed on Saturday, November 29th, 2009.  This is a terrible loss for his family and our club.  He was struck and killed while riding with one of the rider groups by a driver who was not paying attention.  Please, please, PLEASE make sure to pay attention and look out for cyclists when you are driving.  Remember, they have the EXACT same right to the road that drivers do and they do NOT have two tons of steel wrapped around them for protection!

http://www.chron.com/disp/story.mpl/metropolitan/6743533.html

My goal with this page is to periodically post comments and share articles relating to the law. One current legal topic of interest relates to the trial of 9/11 terror suspects in Federal Court in New York City. A very controversial subject, to be sure. I found this interesting article written based on the assumptio…n that these trials will go forward and suggesting to the justice department how not to “screw it up.” Good insight into the legal risks of deciding to take this into our civilian federal courts. If you like the article, please feel free to share your thoughts!

http://www.cbsnews.com/blogs/2009/11/17/courtwatch/entry5682421.shtml

Sometimes I’m afraid we may take our freedom for granted.  We are lucky to be “a nation of laws,” and have access to a fine and (for the most part) fair judicial system to address our grievances.  Our constitutional rights in this nation go back over two hundred years, but our traditions of justice go back much further.

None of these freedoms and none of these courtrooms would be worth anything without the freedom insured by those who have served in our military.  We take it for granted that if we need a lawyer we can simply pick up the phone and call one.  If we are injured or otherwise need our day in court, we can have that lawyer file a lawsuit.  Really though, its not that simple.  While some would call it a cliche, the fact is that freedom isn’t free.  Our constitution and legal system are protected every day, around the world, by our men and women in uniform.  Blood has been spilled in every corner of the globe by those in our military service to make sure that access to justice remains just a simple phone call away.

So, today, I want to thank those of you who have served our nation in uniform for helping preserve and defend the legal system that I hold so dear.  I would invite all of you who also cherish your freedom to try and thank a veteran today as well.

Stewart J. Guss is a licensed attorney practicing in the Houston area for almost 15 years. He concentrates in the areas of personal injury, insurance law, consumer law, and small business issues.  Mr. Guss maintains an office in the Northwest Houston area and is proud to serve the residents of Cypress, Tomball and greater Houston.  He is available for speaking engagements on a wide variety of legal topics.  For further information or for a free consultation, visit his website at www.attorneyguss.com, call him at 281-664-6500 or send an email to: stewart@attorneyguss.com.

It’s an unfortunate fact – everyone in Houston is likely to get into a car wreck sooner or later.  Do you know what to do after the crash?  (And I’m not talking the stock market here!)  A car crash, no matter how big or small, is a scary and serious event.  You have important legal rights pursuant to the law, but its YOUR responsibility to protect those rights.

FIRST: Stay calm!  After any accident you are going to have loads of adrenaline dumped into your bloodstream.  This is what is responsible for the “fight or flight” feeling you may get.  Just remember, we are not cave men.  We cannot flee the scene and we’re certainly not going to fight!

SECOND: Check for injuries.  Check yourself and then check on the other occupants of your vehicle.  If there is ANY chance that anyone may be injured, you should immediately call 911 and request an ambulance.  There may be a life or death situation, so please don’t take any chances.  If it is safe to do so, you may check to see if the occupants in the other car are injured, but NEVER SPEAK WITH THEM ABOUT THE FACTS OF THE COLLISION.  NEVER!  EVER!

THIRD: Protect yourself, other drivers, and the accident scene.  I always recommend people carry a safety triangle in the trunk of their car.  Following a collision, if you have a safety device or signal, you should place it an appropriate distance from the collision in order to warn other drivers.  You should do this ONLY if it is safe for you to do so.  (Running out in the middle of the Northwest Freeway to put up a plastic safety triangle would fall under the heading of “REALLY bad idea!”)

FOURTH: Call the police.  Depending on how busy they are, it may take them a while to respond, especially if no one is seriously injured.  Be patient.  Many officers who respond to traffic accidents are trained accident investigators.  In protecting your rights it is extremely important to have an impartial police officer prepare a report.  Always remember to be extremely polite and cooperative with the police.  Their jobs are extremely difficult and often thankless.  Remember: NEVER admit fault to the police.  Simply tell them what happened, answer their questions, and cooperate with their requests.  They will assist you in exchanging information with the other driver.

FIFTH: Get proper medical attention.  I graduated from law school, but I didn’t attend medical school.  I’ll bet most of you didn’t either.  Remember that serious injuries don’t always result in immediate pain or bleeding.  If you need an ambulance – use it.  If not, you may later need to drive to an emergency room or to your doctor’s office.  Don’t take chances with your health.

SIXTH: (You knew this was coming, right?)  If you have any questions or concerns about your legal rights, consult with an attorney.  Most people don’t know what their legal rights are after an accident, nor do they know how to enforce those rights.  An honest and knowledgeable attorney is your best ally in protecting yourself in the unfortunate (and almost unavoidable) event of a car wreck.  Remember, this article doesn’t act as specific legal advice.  I’m just giving some general tips here.

You can protect yourself before an accident by driving safely, driving defensively and always wearing a seat belt.  You can protect yourself after an accident by following these tips above.

Stewart J. Guss is a licensed attorney practicing in the Houston area for 15 years. He concentrates in the areas of personal injury, insurance law, accidents and consumer law.  Mr. Guss maintains an office in the Northwest Houston area and is proud to serve the residents of Cypress, Tomball and greater Houston.  He is available for speaking engagements on a wide variety of legal topics.  For further information or for a free consultation, visit his website at www.attorneyguss.com, call him at 281-664-6500 or send an email to: stewart@attorneyguss.com.

There is a movie I love called Back to School, starring the late, great Rodney Dangerfield.  At one point during the film, Rodney is trying to get a date with a university professor.  Rodney asks if she’s available Monday.  She responds, “No, sorry, I’ve got class.”  Tuesday?  “Sorry,” she says, “I’ve got class.”  Eventually, in frustration, Rodney finally tells her, “Look lady, why don’t you call me when you’ve got no class!”  Heh!  I just love that joke!

So how am I going to tie Rodney Dangerfield into my blog entry?  Well, I received a notice lately that I may have a claim under a class action for one of my credit cards.  Of course, having spent three years of my life having my brain pounded into mush in law school, I knew what a class action was.  I started thinking, however, what if I had not become a lawyer?  Would I know what this notice was?  After all, it looks pretty legal and formal.  Would I be nervous if I didn’t know what this was?

So, my friends, I’m going to take you back to school and teach you a little bit about class actions.  (Pay attention!  There will be a pop quiz at the end!)  Essentially, a class action is a lawsuit brought on behalf of a very large group of people.  Typically, lawsuits are brought by an individual or a small group of  plaintiffs against a defendant or group of defendants.  Sometimes, however, there are so many potential plaintiffs affected by a claim that it becomes practically impossible to handle all of these disputes on an individual basis.  In these situations, the law allows for attorneys to request a judge to “certify” a class action lawsuit.  Under these circumstances, there will normally be one law firm designated to represent the entire group of people that may be affected by a particular claim.

In class actions, the entire group of people who may have a claim will typically receive at least one written notice in the mail of the proposed class action.  Sometimes class actions will also be announced via other media, such as television, radio or newspaper.  Each of the class participants typically have the option to “opt out” of the class.  That is to say, they can remove themselves from the large group involved in the lawsuit so that they are able to file their own lawsuit against the defendant individually.

There are some definite pros and cons to class action lawsuits.  One important benefit is that it creates a means by which large corporations can be held liable for injuries that are so small so as to be impractical to pursue individually.  For example, if your telephone company is charging an extra fifty cents on your monthly phone bills, it would be ridiculous to sue them for these amounts.  While the amount being taken from you is minimal, however, the company could be wrongfully making millions of dollars a year.  A class action is a good way to insure that such small wrongs can be made right and justice may be done.

One common criticism of class action lawsuits is that, sometimes, the lawyers representing the class may earn millions in fees, but the participants in the class receive very little.  Sometimes class action settlements result in the issuance of coupons or credits, thus requiring the person injured to continue to do business with the company that slighted them in the first place!

The moral of the story, of course, is that you should not fear these notices, but you should read them and respond.  Often times these notices are the means by which you can have a minor irritation or wrong acknowledged and addressed.  After all, you don’t want to spend your life like Rodney, constantly complaining, “I don’t get no respect!”

Stewart J. Guss is a licensed attorney practicing in the Houston area for 15 years.  He concentrates in the areas of personal injury, insurance law, accidents and consumer law.  Mr. Guss maintains an office in the Northwest Houston area and is proud to serve the residents of Cypress, Tomball and greater Houston.  He is available for speaking engagements on a wide variety of legal topics.  For further information or for a free consultation, visit his website at www.attorneyguss.com, call him at 281-664-6500 or send an email to: stewart@attorneyguss.com.