In a recent blog post, Lindley Law discussed the Fourth Circuit Court of Appeals ruling in Ameican Association of Political Consultants, Inc. v. FCC, which addressed First Amendment questions regarding the regulation of “robocalls” related to debt collection for government-backed loans. The United States Congress recently announced proposed legislation to combat the practice of robocalling: the Pallone-Thune TRACED Act (the “TRACED Act”). The Proposed Legislation The TRACED Act will combine and reconcile the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act, which passed in the Senate in May, with the Stopping Bad Robocalls Act, which passed in the House of Representatives in July. The separate bills created new…
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DISINHERITED SPOUSES AND THE RIGHT OF ELECTIVE SHARE
Ric Ocasek, famed singer for The Cars, recently passed away leaving behind a will that purportedly removes his estranged wife, Paulina Porizkova, as a beneficiary of his estate. Ocasek and Porizkova were in the process of divorcing when Ocasek died; however, the divorce was not finalized, and the two were still legally married. Removing one’s spouse from an estate plan – often referred to as disinheriting a spouse – is common, particularly when spouses are separating and divorcing. States that have adopted the Uniform Probate Code, or similar statutes, create protection for a disinherited spouse in the form of the right of elective share. What is Elective Share? …
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WHAT IS THE SERVICEMEMBERS CIVIL RELIEF ACT?
In honor of the upcoming Veterans Day holiday, this blog post will discuss the Servicemembers Civil Relief Act (the “SCRA”), which provides specific protections for those in active duty military service, as well as their dependents. The SCRA’s Specified Protections The SCRA was enacted in 2003 and recognizes that those in active duty military service may not be able to participate in certain civil affairs, and creates certain protections for those who qualify. Default judgment protection. In order to obtain a default judgment against a defendant who failed to make an appearance in the proceeding, the plaintiff must file an affidavit certifying whether or not the defendant…
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2019 ALZHEIMER’S ASSOCIATION WALK TO END ALZHEIMER’S®
On Saturday, November 2, Lindley Law completed the 2019 Walk to End Alzheimer’s® in Charlotte, North Carolina. It was a wonderful opportunity to reflect on the many people affected by the disease and to celebrate the efforts to find a cure. Our firm is also proud to announce it exceeded its $5,000 fundraising goal by raising $6,252! Thank you to all who donated. With your help, we are that much closer to finding a cure.
