Episode Transcript
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Speaker 1 (00:00):
You're listening to KFI AM six forty The Bill Handles
show on demand on the iHeartRadio app. This is handle
on the Law Marginal Legal Advice where I tell you
you have absolutely no case. If you're injured and need
a lawyer, go to handle on the law dot com.
And if you're a lawyer and want to join our
(00:21):
team because people desperately need your help, go to handle
on the Law dot com and click on the join
today tab at the top of the page. The followings
up here recorded program Little Rock Arkansas. There is a
lawsuit against General Motors. Arkansas Attorney General Tim Griffin announced
that his office is suing General Motors Why for selling
(00:44):
data collected by its on store on Star subsidiary to
third parties. Now, one of the things that on Star does,
and it's in GM cars, and it's kind of a
neat product that's attached to the car.
Speaker 2 (01:00):
It is reading you.
Speaker 1 (01:02):
In other words, it's almost like a black box in
and of itself. And when something goes wrong, if the
car gets into accident, you hit a ditch, for example,
rolling in a ditch, it will immediately alert a nine
to one one operator or some other agency that then
calls you is everything okay?
Speaker 2 (01:20):
And if there's no answer, or I'm in an accident.
Speaker 1 (01:23):
Or I've been hurt, they then call whatever authorities are necessary.
According to this lawsuit, GM monetized or monitored and sold
customer driving data to third party brokers for more than
ten years, including start and end drive times, vehicle speed,
late night driving happens.
Speaker 2 (01:44):
I have its.
Speaker 1 (01:44):
Distant driven breaking data, and then those parties sold that
information to insurance companies who use it either to deny
customers coverage or increase their rates. Fight advertising on Star
as offering the benefits of better driving, safety operability of
(02:05):
its vehicles, what GM and on Star did is pad
their profits at the expensive consumers. Now, I have really
no problem if I'm told that that's what's going on,
and I'm told that this is the cost of having
on Star. The benefit of on Star is it's going
(02:27):
to let you know what your driving habits are. The
benefits of on Star. If you get into a car
accident and you aren't able to get out of it,
or you're in trouble or whatever, you have a flat
tire and you're not calling the Triple A or your
phone doesn't work, they know about it immediately.
Speaker 2 (02:45):
That's the benefit.
Speaker 1 (02:47):
Now the cost is we have your information and we're
going to share it with third party and third party companies,
third party providers who then tell it to the insurance company.
Speaker 2 (02:59):
And frankly, the.
Speaker 1 (03:00):
Way you drive is going to affect your insurance. Take it,
leave it, it's up to you. I wouldn't have a
problem with that, but not being told that that is
a problem. That is a big problem. And I think
this lawsuit is going to prevail. The lawsuit seeks an
injunction to stop a GM and on Star from continuing
(03:22):
to engage in these deceptive business practices and wants civil
penalties and according to law, and not to exceed ten
thousand dollars for every violation of the Arkansas Deceptive.
Speaker 2 (03:36):
Trade Practices Act.
Speaker 1 (03:38):
Yeah, that's going to be a problem.
Speaker 2 (03:42):
Okay, Gabriella, we'll start with you. Hey, Gabriella or Gabriella,
what can I do for you?
Speaker 3 (03:47):
Hi?
Speaker 4 (03:48):
Bill, thank you so much for taking my call. My
eighteen year old son got in a solo car accident
last Christmas Day. He ran head on into a Thank
god he wasn't hurt or his girlfriend. But the poll
got knocked down and insurance company contacted me that the
(04:09):
city is demanding an additional nine thousand dollars nine thousand
plus the insurance covered ten grand of the damage to
the pole. So now the city is coming after my
son for additional damages.
Speaker 1 (04:23):
Okay, that's the one that so they paid. They paid
the city nine thousand dollars. They paid the city what
eight thousand dollars for a nine thousand dollars poll?
Speaker 4 (04:33):
They paid the city ten grand, which was what are policies?
Speaker 2 (04:36):
Okay? And okay, your policy limits? And they want an.
Speaker 1 (04:39):
Additional nine now, And the city accepted the ten thousand dollars.
Speaker 4 (04:48):
They did, but they want an additional.
Speaker 1 (04:50):
Nine okay, but I'm assuming they didn't cash the check.
Speaker 4 (04:55):
I the city.
Speaker 5 (04:57):
I have no idea.
Speaker 1 (04:58):
Yeah, probably not, Yeah, probably not. Well, here's the policy.
If you only have ten thousand dollars, you have ten
thousand dollars and that's all the insurance company is going
to pay.
Speaker 2 (05:08):
And so the city at this point has its choice.
Speaker 1 (05:11):
Do they accept the ten thousand dollars from the insurance
company and then it's over, or do they say, no,
we want nineteen thousand dollars for you from the poll
and they go ahead and file acclaim. It can actually
sue you for the amount of money. It's kind of weird.
Ten thousand dollars in property damage. Are their defenses to that?
(05:33):
Can you argue the poll jumped in front of the car.
I will try that. No, that probably won't work. Okay, yeah,
I mean your kid damaged the poll. It's nineteen thousand
dollars that you can negotiate it. You can call the
city and say, hey, I don't have any money, I'm
eighteen years old. Take the ten thousand dollars and leave
(05:55):
me alone. You're I mean, you're probably going to negotiate
with whatever administrative acy that deals with polls being run
over by cars. I don't know what that is. Maybe
the city attorney's office. I have no idea, but yeah,
they can do that. If your kid did that much damage,
they don't have to take what the insurance says. They
can go after the kid, but they will they there's.
Speaker 2 (06:15):
No money there.
Speaker 4 (06:18):
The city refused to negotiate. My sense called.
Speaker 2 (06:21):
Okay, well that's a problem. That's then that's a problem.
Speaker 1 (06:24):
If they don't want to negotiate and they want their
nineteen thousand dollars and.
Speaker 2 (06:27):
Let the city, go after your son. The city. That's
what they're gonna do. There's not much you can do.
Speaker 4 (06:33):
Are we better off just agreeing to pay than I
don't know.
Speaker 1 (06:37):
You can cut you know, you can try to cut
a deal with the city.
Speaker 2 (06:41):
Have him argue I have no money.
Speaker 1 (06:42):
You're never going to see a dime of it because
I am broke, I have eighteen years old And maybe
maybe they're going to file a lawsuit and get a
judgment which stays with your kid for ten years and
and he goes bankrupt on them and they won't see
a dime. I mean, that's in the fact the city
says they're not negotiating. Just start talking to everybody over there.
(07:06):
But legally, your kids kind of screwed. And so what's
the takeaway?
Speaker 2 (07:10):
Don't run into polls? Okay, that's the takeaway?
Speaker 4 (07:14):
Company the insurance company, Peter say that they would offer
legal representation if my son wanted that.
Speaker 2 (07:22):
They have to. They have to if the city sues.
Speaker 1 (07:26):
Okay, yeah, but again, all they're going to pay is
ten thousand dollars.
Speaker 2 (07:30):
That's it. Those are your policy limits.
Speaker 1 (07:34):
Your insurance company doesn't have to pay a dime more
than that, because those are that's the kind of insurance
or that's limited insurance that you paid for.
Speaker 2 (07:44):
This is handle on the law. All right, welcome back,
I handle all the law. Ricky, Hi, Ricky, What can
I do for you?
Speaker 6 (07:54):
Yes?
Speaker 2 (07:54):
Hey, I was wondering.
Speaker 7 (07:55):
So if the men and his brothers ever were released
from prison, would they be millionaires?
Speaker 2 (08:01):
Oh that's a good question.
Speaker 1 (08:02):
Actually, normally, I just I don't go into these big,
you know, policy questions. So you're talking about inheriting the
money that their parents have the estate or selling their story.
Speaker 3 (08:18):
Yeah, well, inheriting any money that they're fathering.
Speaker 1 (08:22):
Yeah, I don't think so, because if their conviction still
stands that you can't inherit money, you can inherit by
killing someone. If you are a beneficiary, the law doesn't
let you do that. The other side of it, they
can't sell their story. They can't benefit in terms of
(08:42):
the value of what they did and their story.
Speaker 2 (08:44):
So both sides the answer is no, Oh that's great.
Speaker 3 (08:49):
So hopefully they'll end up on skid row.
Speaker 2 (08:52):
Well, and you know they they may not.
Speaker 1 (08:55):
They may not because they have a lot of family
that believes that they have paid the price, that there.
Speaker 2 (09:02):
Was some genuine, genuine.
Speaker 1 (09:04):
Assault by sexual assault and physical assault as well as
emotional salt assault by their dad. So and they spent
thirty five years in prison if they get released, so
you know that's a different story.
Speaker 2 (09:17):
Yeah, okay, I rarely rarely do that, but that's kind
of neat.
Speaker 8 (09:23):
Devon, Hi Devon, Hey, good morning being Yes, sir, quick question,
quick question for you brother. The state of California not
recently ban but has banned mythow cigarettes. Yes, all other
cigarettes are completely legal to smoke.
Speaker 2 (09:41):
Yes.
Speaker 8 (09:42):
My question is is it legal for the state to
ban these cigarettes when?
Speaker 2 (09:48):
Absolutely?
Speaker 8 (09:49):
When the rest of the country.
Speaker 2 (09:50):
Yes, yes, how how can they because the state passed
the law?
Speaker 1 (09:54):
You know, for example, the state has different smog restrictions
of the rest of the country. It says we're going
to have a more onerous emission level for gasoline.
Speaker 2 (10:06):
We can do that.
Speaker 1 (10:08):
The state can charge us separate property tax. But wait
a second, they charge a different tax in other parts
of the country.
Speaker 2 (10:14):
So what the state has the right to do that? Absolutely?
Speaker 8 (10:19):
Okay, So can I argue if that's the case, then
why why not ban bullets? And people can only use
non lethal round understood?
Speaker 1 (10:27):
And that is a question because there is no second
Amendment right to smoke menthol cigarettes.
Speaker 2 (10:35):
It's not in the constitution. Why there's a genius for you.
Speaker 9 (10:39):
Oh all right, Nikki, Hi, Nikki, Yeah, Nikki, there one minute?
Speaker 2 (10:51):
Why am I waiting?
Speaker 10 (10:54):
Hello?
Speaker 5 (10:54):
Yes, I can Okay, yeah, sorry. One year ago, somebody
stole the key to our community bim box. Unfortunately, the
driver license for my son just came in. So they
opened a fraudulent business account with my son's name. Uh.
They deposited seventy six thousand dollars with I don't know,
(11:18):
fraudulent uh checks or they took the name looked like
medical places and then they would draw the money. So
we have to take him through all the bullets, go
back and forth.
Speaker 2 (11:31):
Wait, wait, wait a minute, hold on, Uh, was money
stolen from you?
Speaker 3 (11:36):
No?
Speaker 5 (11:37):
No, they you hid named opened a banker.
Speaker 2 (11:39):
Okay, they owned bank account and they put money.
Speaker 1 (11:42):
Okay, they put money in and then withdrew money and
et cetera.
Speaker 2 (11:45):
And they just use your son's name.
Speaker 5 (11:47):
By the time they found out seventy six thousand dollars.
Speaker 2 (11:51):
Yeah, but who's who's seventy six thousand dollars?
Speaker 8 (11:53):
Was it?
Speaker 5 (11:56):
They from a variety of medical places.
Speaker 1 (11:59):
Okay, So wait a second seventy six thousand dollars was
stolen from a variety of medical places.
Speaker 2 (12:06):
Okay, And have they gone after your son for that money? Nikki?
Speaker 1 (12:11):
Have they gone after your son for that money?
Speaker 5 (12:14):
The police go to the neck door neighbor at.
Speaker 1 (12:17):
Twelve, NICKI, have they gone after your son for the money?
Has anybody sued or demanded that your son pay the money.
Speaker 5 (12:28):
They they sent? Uh? What you collector?
Speaker 2 (12:35):
Okay?
Speaker 1 (12:35):
So they're asking your son for the seventy six thousand dollars?
Speaker 2 (12:39):
Is that correct?
Speaker 3 (12:42):
Not yet?
Speaker 5 (12:42):
But what I'm saying so let me no.
Speaker 2 (12:45):
No, no, I don't have the patience for this.
Speaker 1 (12:47):
Not a chance, Oh, Cynthia, see mister, your patience here, Cynthia.
Speaker 2 (12:53):
What can I do for you?
Speaker 6 (12:54):
Oh?
Speaker 1 (12:55):
You know what, Cynthia, Let me put you on hold
because uh, I think you actually may spend a minute
or two with me.
Speaker 2 (13:00):
I'll be right back. Don't go away on that one.
So let me tell you about your business for a moment.
The less your.
Speaker 1 (13:06):
Business spends on delivering your product or service, the more
margin you have, the more money keep.
Speaker 2 (13:13):
Everything is more expensive these days.
Speaker 1 (13:16):
Just looking at the menu I'm going to dinner tonight,
I just can't believe the prices. The other day I
went to a deli and a sandwich was twenty eight dollars.
Speaker 2 (13:23):
What the hell is that about?
Speaker 1 (13:25):
Costs have gone up, gone up on materials, employees, distribution, borrowing,
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Speaker 2 (13:42):
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Speaker 1 (13:46):
Reduce it costs because well, it all lives in the
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from anywhere, so you're not maintaining multiple systems because you've
got one one unified business management suite. Over thirty seven
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NetSuite can help you make your business just more efficient
(14:08):
you'll make more money.
Speaker 2 (14:09):
It's a free download.
Speaker 1 (14:11):
By the way, visit NetSuite dot com slash handle NetSuite
as an office suitees NetSuite dot com slash handle.
Speaker 2 (14:19):
This is Handle on the Law.
Speaker 7 (14:23):
You're listening to bill Handle on demand from kf I
AM six forty back.
Speaker 1 (14:30):
Would both more Handle on the Law all right, Cynthia,
let's have it.
Speaker 2 (14:34):
What can I do for you?
Speaker 11 (14:36):
All right?
Speaker 2 (14:37):
Thank you?
Speaker 12 (14:39):
Some property, Cynthia.
Speaker 1 (14:41):
I'm having a hard time with this phone call. You
either have to speak louder or we need a better connection. Yeah, okay,
is that better?
Speaker 2 (14:48):
Yeah? Some property?
Speaker 10 (14:50):
An empty lock was give it to me and my
boyfriend and there wasn't any money exchanged. The couple just
wanted to get rid of and so my boyfriend didn't
want it in his name, so he put it into
his child's name.
Speaker 12 (15:08):
Okay, and that was ten years ago.
Speaker 10 (15:11):
And now I've been paying that the taxes for the
past ten years by myself. No one has helped me.
How do I get that person's name off of the deed?
Speaker 2 (15:23):
You don't. I don't know that person owns the property.
What I mean?
Speaker 1 (15:29):
You just arbitrarily say, even though I've paid, I want
you to no longer own the property.
Speaker 2 (15:34):
I don't know how to do it.
Speaker 1 (15:37):
Because you pay the taxes doesn't mean you own the property.
The deed determines who owns the property, who holds title.
It is you and this kid, So you don't not
that complicated?
Speaker 7 (15:52):
Vern.
Speaker 1 (15:53):
Welcome to handle on the law, hi, verno. Okay, I
have no idea what Vern is doing. Maybe Vern is
changing his batteries and his hearing aid.
Speaker 2 (16:10):
No idea Vern going once I'm here? All right, well, yes, okay, Vernon.
Speaker 11 (16:19):
Hi, thank you for taking my call.
Speaker 6 (16:21):
Bill.
Speaker 11 (16:21):
Sure, it was nice to meet you at the Wild
Fork and.
Speaker 1 (16:25):
Oh okay, yeah, all right, real quick.
Speaker 11 (16:28):
I know you're short on time.
Speaker 7 (16:30):
Hey.
Speaker 11 (16:30):
The summer before last, we were in Kawai and we
had an aborted takeoff with the American Airlines. Absolute nightmare,
smoking brakes and fire trucks at the end of the runway.
We had to wait for many hours and got to
the desk and they said, we have no more vouchers.
You're on your own.
Speaker 10 (16:49):
Good luck.
Speaker 11 (16:49):
Here's forty bucks for food. So I called many places
around the airport, couldn't find anything. Finally found the place
that was about don't know, twelve hundred bucks for the
three of us by family, and.
Speaker 2 (17:01):
I, oh, you're talking about the hotel.
Speaker 11 (17:04):
Yeah, okay, anyways, we have to get a car transportation.
Speaker 6 (17:08):
So.
Speaker 11 (17:10):
Came out to fifteen hundred bucks and all they reimbursed
this was for four hundred dollars.
Speaker 5 (17:15):
Okay.
Speaker 11 (17:16):
They refused the reverses for a ground transportation. They said no, sorry,
how did you get his four hundred bucks?
Speaker 2 (17:21):
How do I Well, okay, here's here. Here is the
problem you may have.
Speaker 1 (17:28):
It may be a limit of four hundred dollars that's
all they have to reimburse. And there are all kinds
of regulations and federal rules about that sort of thing
that they comply with.
Speaker 2 (17:42):
And they're getting more and more liberal, or the law.
Speaker 1 (17:46):
Is getting more and more restrictive towards the airline and
more liberal in terms of the money you get. So
I don't know what the rules are, but you can
certainly call the Department of Transportation and you'll talk to
somebody there and ask what happens? How do I deal
with it? Because there are restrictions, by the way, for
(18:07):
American to do that. That's just crappy, by the way,
that's just you know, you understand that you know planes
blow up, Well, in this case it didn't, but there
are problems, mechanical problems. I mean, you know, it just happens,
and you know you're lucky the plane didn't fall out
of the sky, but for them not to have reimbursed
you your legitimate expenses, Yeah, call a Department of Transportation
(18:31):
and see what you're entitled to legally, and then just
start calling around, you know, the vice president in charge
of aboarded takeoffs somewhere in American airlines. You'll be able
to talk to someone. Yeah, that's a drag, all right.
Speaker 2 (18:43):
Another airline question, Hi John, Hey Bill? Yes, go ahead,
all right, real quick.
Speaker 12 (18:50):
I work for a major airlines that had a contract
that became amendable while I was still working for them,
but they didn't finalize the contracted until twenty twenty three.
I retired in twenty twenty one. Am I entitled to
any of the back pay? Because no, of course not.
Speaker 2 (19:09):
No.
Speaker 1 (19:10):
Why would you be entitled the back pay If that's
the case, we're there, If you're you're entitled to the
pay from the time the new deal is cut at
that moment you get the new deal.
Speaker 2 (19:22):
Okay, why would you get the deal?
Speaker 1 (19:25):
Why would you Why would you go back and say, uh,
you know what I earned X dollars then, and now
there's a new pay schedule, and I want back pay
at the new pay schedule.
Speaker 2 (19:35):
I don't understand what you're asking.
Speaker 12 (19:37):
Here, well, because I was still working from that period
twenty nineteen to twenty twenty one.
Speaker 1 (19:42):
When I retired, okay, so but I don't okay, I
don't understand. Was the was the new deal retroactive or
did it start at date certain and you got more money?
Speaker 12 (19:57):
No, it was they they paid back it was retroactive effect.
Speaker 1 (20:00):
To Oh if it was retroactive and they didn't pay you, yeah,
you're entitled the money. Of course they have to pay
you if they say it's retroactive. So you know, it
happens all the time. You have a new teachers union contract,
new collective bargaining and it says, okay, you're negotiating for
a year and it goes, here's our new deal, and
(20:22):
we're this new pay schedule goes retroactive to a year ago.
Speaker 2 (20:26):
Okay, then you're entitled to it.
Speaker 1 (20:28):
If it's not, then it's just from the time that
the new deal is cut.
Speaker 2 (20:33):
I don't understand.
Speaker 1 (20:35):
Does it is the new pay level? Is it retroactive?
Speaker 12 (20:42):
Well, yeah, they paid back pay to all those people
for all those years.
Speaker 2 (20:46):
Okay, then you're entitled to it. Why wouldn't you be
a title to it.
Speaker 12 (20:50):
Of course, I retired, I'm out of luck.
Speaker 2 (20:52):
Oh yeah, if you're retired, you're out of luck. Yeah.
I think that that cuts it off.
Speaker 1 (20:57):
I think you're done if you've retired. Yeah, that's my understanding.
I mean, I don't know what the union rules are
because that's a collective bargaining situation.
Speaker 2 (21:07):
Steve Hi, Steve welcome.
Speaker 7 (21:10):
Hey, my daughter works at an Indian reservation and she
is not getting her breaks, and her manager is telling
her they don't have to get breaks because they're on
federal land.
Speaker 1 (21:21):
They're not on federal land, they're on sovereign land. They're
on It's really interesting with Indian reservations.
Speaker 2 (21:29):
It's quasi. It's a quasi sovereign.
Speaker 1 (21:32):
Country Indian reservations, and they are not in most cases,
they are not limited or they don't have to adhere
to rules. So I'm guessing that he is right that,
for example, a state law that says you have to
get breaks on an Indian reservation, the state doesn't control.
Speaker 12 (21:56):
What about the Feds.
Speaker 1 (21:58):
Yeah, I don't think there is federal law. But even
then it really doesn't matter. For example, there's federal taxes
right on gasoline, not on an Indian reservation.
Speaker 2 (22:07):
There isn't there exempt from taxes.
Speaker 1 (22:10):
That's why you go to one of the Indian reservations
and you buy gasoline for a buck eighty less than
you pay right out of the Indian reservations.
Speaker 2 (22:20):
So I don't know.
Speaker 1 (22:23):
I don't know what the rules are, whether this specific rule,
for example, breaks they have to give, you know, for example,
let's say it's the sovereign nation. However, there are some limitations,
one of them being that the state of California in
this case has a right to determine how many gaming
(22:45):
tables or slot machines in an Indian gaming establishment, gambling establishment,
a hotel, that there is some kind of regulation that
is allowed. It's insanely complicated as to how it's unique
Indian reservations in this country. It is truly a separate country,
(23:06):
a sovereign country onto itself, with all kinds of limitations.
Speaker 2 (23:12):
So to the gaming board, well we don't not the
gaming board, that's the gaming board is in Nevada.
Speaker 1 (23:22):
No, this is I don't know who controls the the
casinos you know they have. I don't think you're allowed
in California.
Speaker 2 (23:32):
You're allowed poker.
Speaker 1 (23:34):
I don't think you're a allowed roulette. But yeah, they
that's those are negotiated. There's some laws that do control
and others don't. I'm telling you it's insanely complicated. I
don't know the Indian law on this, but I'm willing
to guess that.
Speaker 2 (23:47):
They're absolutely right. You know, I don't think they have
to give breaks.
Speaker 1 (23:51):
Unless the law says they have to get breaks.
Speaker 2 (23:57):
This is handle on the law, all right, welcome back.
I handle the law. Marginal legal advice advice. David, yes, sir.
What can I do for you? David yes sir? Hello, Yes,
David yes Hi.
Speaker 3 (24:16):
I am a dentist and I signed a excuse me.
I was dealing with my building manager in terms of
signing the lease, and she said, just sign a seven
year lease, no problem. And I explained to her, right then,
first thing I said, out of out of my mouth,
I'm planning on retiring before h that seven year leases up.
(24:39):
And she said, not to worry. We handle this all
the time, people retiring before the before the lease is up.
So I retired in this in uh in August. And
now the company says that she did not the building
managers did not have time. Excuse me, she did not
have the authority to say what she did, and that
I still owe oh rent. And I said, had I
(25:01):
known that, I would never have signed the lease because
I've believed. So what am I supposed to do? Not
borying the building managers?
Speaker 7 (25:06):
She was my contact?
Speaker 3 (25:07):
Yeah, David, second day, I would, David, I would? You know?
Speaker 1 (25:10):
I understand, I understand. But here's a question. You sign
a lease that says seven years right there on paper,
boom boom, boom boom, and there is nothing in the lease,
there is no language whatsoever that says that if you
retire somehow, the lease at that point is terminated.
Speaker 2 (25:29):
You have the word of a manager. What if she
gets hit by a truck.
Speaker 1 (25:34):
After you sign the lease and no one knows that
she said that, or.
Speaker 2 (25:38):
She denies she says that, David, this is your fault.
Speaker 3 (25:45):
I'm not I'm not denying that.
Speaker 2 (25:47):
Okay. So what's your question?
Speaker 3 (25:50):
I say, I think that I signed under false pretenses.
Speaker 1 (25:53):
Uh okay, that's your that's what you're saying.
Speaker 2 (25:57):
You sign under false pretenses.
Speaker 1 (25:59):
And you're gonna go that. You got to go to
court and you're going to say this is what happened.
And the building manager is the building manager still working there?
Speaker 3 (26:08):
Nope, she's not there anymore.
Speaker 2 (26:10):
Okay.
Speaker 1 (26:10):
Wow, So they're gonna bring her in and she's going
to testify. Yeah, now I said that absolutely, and they're
gonna say she wasn't authorized to say that, and then
the conversation is over.
Speaker 2 (26:24):
What if she said, you know what, you're.
Speaker 1 (26:26):
Signing a lease and you're you're we're charging you three
thousand dollars a month on the lease, and she said,
by the way, all you have to do is pay
fifteen hundred dollars.
Speaker 2 (26:37):
But she said, I only have to pay fifteen hundred dollars.
That's what she said. What if she had said to you,
you get a year's free rent.
Speaker 1 (26:48):
Are you going to actually argue? But she said, I
got a year's free rent. But she said I can
retire early. You're screwed, David, you are screwed.
Speaker 2 (26:59):
I don't even want to hear that. But what do
you expect? Lydia, Lydia, Lydia, the tattooed lady.
Speaker 3 (27:08):
Yes, go ahead, Yes, I am her, Yes, I do so.
Speaker 6 (27:14):
I ordered a Plea spray for my dogs from Amazon.
They delivered it. They delivered it. I try spraying my
dogs with the spray bottle and it wouldn't spray straight,
it would spray down, so it was defective. Every kind
of tried spraying them, it wouldn't work, so it sprayed down.
I call Amazon, let them know it's defective, So can
(27:36):
you please send me a barcode. I'm going to return it.
They send me a barcode to return it the next day.
So I left the bottle of spray on top of
my table, the dining table, in the box that I
came in ready to send out the following.
Speaker 4 (27:50):
Day to return it.
Speaker 6 (27:51):
Went to bed the next morning. When I woke up,
all that spray.
Speaker 12 (27:57):
That was in the bottle just.
Speaker 6 (28:00):
All up into the table and onto my wooden floors, everything.
There was a puddle of that stuff everywhere underneath the
table and my house. Mouths terrible. I call Amazon, let
them know what happened. They told me to send pictures,
send me as much information as you can, and I did.
They told me get an estimate of your damage floors
(28:21):
and the table. I did back and forth emails. They
send that case to their insurance company, which you said,
what I'm waiting to heare from them right now? What
do you think is going to happen with that case?
Speaker 2 (28:35):
I don't know at this point.
Speaker 1 (28:37):
I mean, if they're willing to do that and they
turn it over the insurance company and you have the pictures,
and they said everything they're going to do.
Speaker 2 (28:44):
I mean, Amazon is not a small company.
Speaker 1 (28:46):
This is not a Mom and popper, and they have
obviously an entire department. They the fact that they said
this is what we need. I don't think they were
pulling your chain. What I think is going to happen
is going to make you an offer of some kind.
How much damage are you claiming.
Speaker 6 (29:06):
A little bit under two thousand dollars?
Speaker 1 (29:07):
All right, well, you know are they going to pay it?
I don't know, man, I don't know who makes that decision.
I don't know who makes that decision in the insurance company,
and so I can't tell you. Bottom line is I
have no idea. And that's not even marginal legal advice.
That actually is I have no idea, and no one
has any idea.
Speaker 2 (29:28):
God, that very rarely happens. When usually it's I have
no idea.
Speaker 1 (29:32):
Generally it deals with the law when I just don't
know or I'm wrong, I have no idea. All right,
Before I walk out and say goodbye, I want to
tell you about the latest with Zelman's Minty Mouth mints.
Speaker 2 (29:47):
The offer they're making now. I've been talking about Zelman's
for oh, I don't know how many months now.
Speaker 1 (29:52):
And these are these mints that are in these little
packets and I use them all the time.
Speaker 2 (29:59):
I have them all over the place. And it has
to do with your breath. And if you all at
all concerned about.
Speaker 1 (30:04):
Your bad breath, throw a couple of these in your
mouth and they have this minty coating that's pretty strong
and lasts for a while, and your mouth.
Speaker 2 (30:11):
Feels so fresh and clean.
Speaker 1 (30:13):
And then you either bite into these capsules or you
swallow them. I swallow them and they go down in
your gut because it's s parsley seed oil and it
really gets.
Speaker 2 (30:21):
To work in your gut. No other mint does that.
Speaker 1 (30:24):
And so the freshness and the fresh breath feel just
goes on for hours and hours, far.
Speaker 2 (30:29):
More than any other mint even pretends to do.
Speaker 1 (30:32):
So here is what they're offering, and I've never seen
them do this. If you order a three pack, you
will get a bonus pack. In other words, you order
three you'll get a fourth package of Zelman's Minty Mouth bit.
So go to zelmans dot com slash handle z l
M I n S. Zelmans dot com slash handle order
(30:55):
a three pack get a free pack.
Speaker 2 (30:57):
On top of that three free I have to make
sure you.
Speaker 1 (31:01):
Understand that because I barely do zelmans dot com slash handle.
Zelmans dot com slash handle, this is Handle on the law.
Speaker 2 (31:13):
You've been listening to the Bill Handle Show.
Speaker 1 (31:15):
Catch my show Monday through Friday, six am to nine am,
and anytime on demand on the iHeartRadio app
You're listening to KFI AM six forty The Bill Handles
show on demand on the iHeartRadio app. This is handle
on the Law Marginal Legal Advice where I tell you
you have absolutely no case. If you're injured and need
a lawyer, go to handle on the law dot com.
And if you're a lawyer and want to join our
(00:21):
team because people desperately need your help, go to handle
on the Law dot com and click on the join
today tab at the top of the page. The followings
up here recorded program Little Rock Arkansas. There is a
lawsuit against General Motors. Arkansas Attorney General Tim Griffin announced
that his office is suing General Motors Why for selling
(00:44):
data collected by its on store on Star subsidiary to
third parties. Now, one of the things that on Star does,
and it's in GM cars, and it's kind of a
neat product that's attached to the car.
Speaker 2 (01:00):
It is reading you.
Speaker 1 (01:02):
In other words, it's almost like a black box in
and of itself. And when something goes wrong, if the
car gets into accident, you hit a ditch, for example,
rolling in a ditch, it will immediately alert a nine
to one one operator or some other agency that then
calls you is everything okay?
Speaker 2 (01:20):
And if there's no answer, or I'm in an accident.
Speaker 1 (01:23):
Or I've been hurt, they then call whatever authorities are necessary.
According to this lawsuit, GM monetized or monitored and sold
customer driving data to third party brokers for more than
ten years, including start and end drive times, vehicle speed,
late night driving happens.
Speaker 2 (01:44):
I have its.
Speaker 1 (01:44):
Distant driven breaking data, and then those parties sold that
information to insurance companies who use it either to deny
customers coverage or increase their rates. Fight advertising on Star
as offering the benefits of better driving, safety operability of
(02:05):
its vehicles, what GM and on Star did is pad
their profits at the expensive consumers. Now, I have really
no problem if I'm told that that's what's going on,
and I'm told that this is the cost of having
on Star. The benefit of on Star is it's going
(02:27):
to let you know what your driving habits are. The
benefits of on Star. If you get into a car
accident and you aren't able to get out of it,
or you're in trouble or whatever, you have a flat
tire and you're not calling the Triple A or your
phone doesn't work, they know about it immediately.
Speaker 2 (02:45):
That's the benefit.
Speaker 1 (02:47):
Now the cost is we have your information and we're
going to share it with third party and third party companies,
third party providers who then tell it to the insurance company.
Speaker 2 (02:59):
And frankly, the.
Speaker 1 (03:00):
Way you drive is going to affect your insurance. Take it,
leave it, it's up to you. I wouldn't have a
problem with that, but not being told that that is
a problem. That is a big problem. And I think
this lawsuit is going to prevail. The lawsuit seeks an
injunction to stop a GM and on Star from continuing
(03:22):
to engage in these deceptive business practices and wants civil
penalties and according to law, and not to exceed ten
thousand dollars for every violation of the Arkansas Deceptive.
Speaker 2 (03:36):
Trade Practices Act.
Speaker 1 (03:38):
Yeah, that's going to be a problem.
Speaker 2 (03:42):
Okay, Gabriella, we'll start with you. Hey, Gabriella or Gabriella,
what can I do for you?
Speaker 3 (03:47):
Hi?
Speaker 4 (03:48):
Bill, thank you so much for taking my call. My
eighteen year old son got in a solo car accident
last Christmas Day. He ran head on into a Thank
god he wasn't hurt or his girlfriend. But the poll
got knocked down and insurance company contacted me that the
(04:09):
city is demanding an additional nine thousand dollars nine thousand
plus the insurance covered ten grand of the damage to
the pole. So now the city is coming after my
son for additional damages.
Speaker 1 (04:23):
Okay, that's the one that so they paid. They paid
the city nine thousand dollars. They paid the city what
eight thousand dollars for a nine thousand dollars poll?
Speaker 4 (04:33):
They paid the city ten grand, which was what are policies?
Speaker 2 (04:36):
Okay? And okay, your policy limits? And they want an.
Speaker 1 (04:39):
Additional nine now, And the city accepted the ten thousand dollars.
Speaker 4 (04:48):
They did, but they want an additional.
Speaker 1 (04:50):
Nine okay, but I'm assuming they didn't cash the check.
Speaker 4 (04:55):
I the city.
Speaker 5 (04:57):
I have no idea.
Speaker 1 (04:58):
Yeah, probably not, Yeah, probably not. Well, here's the policy.
If you only have ten thousand dollars, you have ten
thousand dollars and that's all the insurance company is going
to pay.
Speaker 2 (05:08):
And so the city at this point has its choice.
Speaker 1 (05:11):
Do they accept the ten thousand dollars from the insurance
company and then it's over, or do they say, no,
we want nineteen thousand dollars for you from the poll
and they go ahead and file acclaim. It can actually
sue you for the amount of money. It's kind of weird.
Ten thousand dollars in property damage. Are their defenses to that?
(05:33):
Can you argue the poll jumped in front of the car.
I will try that. No, that probably won't work. Okay, yeah,
I mean your kid damaged the poll. It's nineteen thousand
dollars that you can negotiate it. You can call the
city and say, hey, I don't have any money, I'm
eighteen years old. Take the ten thousand dollars and leave
(05:55):
me alone. You're I mean, you're probably going to negotiate
with whatever administrative acy that deals with polls being run
over by cars. I don't know what that is. Maybe
the city attorney's office. I have no idea, but yeah,
they can do that. If your kid did that much damage,
they don't have to take what the insurance says. They
can go after the kid, but they will they there's.
Speaker 2 (06:15):
No money there.
Speaker 4 (06:18):
The city refused to negotiate. My sense called.
Speaker 2 (06:21):
Okay, well that's a problem. That's then that's a problem.
Speaker 1 (06:24):
If they don't want to negotiate and they want their
nineteen thousand dollars and.
Speaker 2 (06:27):
Let the city, go after your son. The city. That's
what they're gonna do. There's not much you can do.
Speaker 4 (06:33):
Are we better off just agreeing to pay than I
don't know.
Speaker 1 (06:37):
You can cut you know, you can try to cut
a deal with the city.
Speaker 2 (06:41):
Have him argue I have no money.
Speaker 1 (06:42):
You're never going to see a dime of it because
I am broke, I have eighteen years old And maybe
maybe they're going to file a lawsuit and get a
judgment which stays with your kid for ten years and
and he goes bankrupt on them and they won't see
a dime. I mean, that's in the fact the city
says they're not negotiating. Just start talking to everybody over there.
(07:06):
But legally, your kids kind of screwed. And so what's
the takeaway?
Speaker 2 (07:10):
Don't run into polls? Okay, that's the takeaway?
Speaker 4 (07:14):
Company the insurance company, Peter say that they would offer
legal representation if my son wanted that.
Speaker 2 (07:22):
They have to. They have to if the city sues.
Speaker 1 (07:26):
Okay, yeah, but again, all they're going to pay is
ten thousand dollars.
Speaker 2 (07:30):
That's it. Those are your policy limits.
Speaker 1 (07:34):
Your insurance company doesn't have to pay a dime more
than that, because those are that's the kind of insurance
or that's limited insurance that you paid for.
Speaker 2 (07:44):
This is handle on the law. All right, welcome back,
I handle all the law. Ricky, Hi, Ricky, What can
I do for you?
Speaker 6 (07:54):
Yes?
Speaker 2 (07:54):
Hey, I was wondering.
Speaker 7 (07:55):
So if the men and his brothers ever were released
from prison, would they be millionaires?
Speaker 2 (08:01):
Oh that's a good question.
Speaker 1 (08:02):
Actually, normally, I just I don't go into these big,
you know, policy questions. So you're talking about inheriting the
money that their parents have the estate or selling their story.
Speaker 3 (08:18):
Yeah, well, inheriting any money that they're fathering.
Speaker 1 (08:22):
Yeah, I don't think so, because if their conviction still
stands that you can't inherit money, you can inherit by
killing someone. If you are a beneficiary, the law doesn't
let you do that. The other side of it, they
can't sell their story. They can't benefit in terms of
(08:42):
the value of what they did and their story.
Speaker 2 (08:44):
So both sides the answer is no, Oh that's great.
Speaker 3 (08:49):
So hopefully they'll end up on skid row.
Speaker 2 (08:52):
Well, and you know they they may not.
Speaker 1 (08:55):
They may not because they have a lot of family
that believes that they have paid the price, that there.
Speaker 2 (09:02):
Was some genuine, genuine.
Speaker 1 (09:04):
Assault by sexual assault and physical assault as well as
emotional salt assault by their dad. So and they spent
thirty five years in prison if they get released, so
you know that's a different story.
Speaker 2 (09:17):
Yeah, okay, I rarely rarely do that, but that's kind
of neat.
Speaker 8 (09:23):
Devon, Hi Devon, Hey, good morning being Yes, sir, quick question,
quick question for you brother. The state of California not
recently ban but has banned mythow cigarettes. Yes, all other
cigarettes are completely legal to smoke.
Speaker 2 (09:41):
Yes.
Speaker 8 (09:42):
My question is is it legal for the state to
ban these cigarettes when?
Speaker 2 (09:48):
Absolutely?
Speaker 8 (09:49):
When the rest of the country.
Speaker 2 (09:50):
Yes, yes, how how can they because the state passed
the law?
Speaker 1 (09:54):
You know, for example, the state has different smog restrictions
of the rest of the country. It says we're going
to have a more onerous emission level for gasoline.
Speaker 2 (10:06):
We can do that.
Speaker 1 (10:08):
The state can charge us separate property tax. But wait
a second, they charge a different tax in other parts
of the country.
Speaker 2 (10:14):
So what the state has the right to do that? Absolutely?
Speaker 8 (10:19):
Okay, So can I argue if that's the case, then
why why not ban bullets? And people can only use
non lethal round understood?
Speaker 1 (10:27):
And that is a question because there is no second
Amendment right to smoke menthol cigarettes.
Speaker 2 (10:35):
It's not in the constitution. Why there's a genius for you.
Speaker 9 (10:39):
Oh all right, Nikki, Hi, Nikki, Yeah, Nikki, there one minute?
Speaker 2 (10:51):
Why am I waiting?
Speaker 10 (10:54):
Hello?
Speaker 5 (10:54):
Yes, I can Okay, yeah, sorry. One year ago, somebody
stole the key to our community bim box. Unfortunately, the
driver license for my son just came in. So they
opened a fraudulent business account with my son's name. Uh.
They deposited seventy six thousand dollars with I don't know,
(11:18):
fraudulent uh checks or they took the name looked like
medical places and then they would draw the money. So
we have to take him through all the bullets, go
back and forth.
Speaker 2 (11:31):
Wait, wait, wait a minute, hold on, Uh, was money
stolen from you?
Speaker 3 (11:36):
No?
Speaker 5 (11:37):
No, they you hid named opened a banker.
Speaker 2 (11:39):
Okay, they owned bank account and they put money.
Speaker 1 (11:42):
Okay, they put money in and then withdrew money and
et cetera.
Speaker 2 (11:45):
And they just use your son's name.
Speaker 5 (11:47):
By the time they found out seventy six thousand dollars.
Speaker 2 (11:51):
Yeah, but who's who's seventy six thousand dollars?
Speaker 8 (11:53):
Was it?
Speaker 5 (11:56):
They from a variety of medical places.
Speaker 1 (11:59):
Okay, So wait a second seventy six thousand dollars was
stolen from a variety of medical places.
Speaker 2 (12:06):
Okay, And have they gone after your son for that money? Nikki?
Speaker 1 (12:11):
Have they gone after your son for that money?
Speaker 5 (12:14):
The police go to the neck door neighbor at.
Speaker 1 (12:17):
Twelve, NICKI, have they gone after your son for the money?
Has anybody sued or demanded that your son pay the money.
Speaker 5 (12:28):
They they sent? Uh? What you collector?
Speaker 2 (12:35):
Okay?
Speaker 1 (12:35):
So they're asking your son for the seventy six thousand dollars?
Speaker 2 (12:39):
Is that correct?
Speaker 3 (12:42):
Not yet?
Speaker 5 (12:42):
But what I'm saying so let me no.
Speaker 2 (12:45):
No, no, I don't have the patience for this.
Speaker 1 (12:47):
Not a chance, Oh, Cynthia, see mister, your patience here, Cynthia.
Speaker 2 (12:53):
What can I do for you?
Speaker 6 (12:54):
Oh?
Speaker 1 (12:55):
You know what, Cynthia, Let me put you on hold
because uh, I think you actually may spend a minute
or two with me.
Speaker 2 (13:00):
I'll be right back. Don't go away on that one.
So let me tell you about your business for a moment.
The less your.
Speaker 1 (13:06):
Business spends on delivering your product or service, the more
margin you have, the more money keep.
Speaker 2 (13:13):
Everything is more expensive these days.
Speaker 1 (13:16):
Just looking at the menu I'm going to dinner tonight,
I just can't believe the prices. The other day I
went to a deli and a sandwich was twenty eight dollars.
Speaker 2 (13:23):
What the hell is that about?
Speaker 1 (13:25):
Costs have gone up, gone up on materials, employees, distribution, borrowing,
I mean all of it. So with net suite you
can reduce costs and headache headaches. And here's why it's
the number one cloud financial system for your business accounting
management inventory.
Speaker 2 (13:42):
If you do that HR into one platform, you can.
Speaker 1 (13:46):
Reduce it costs because well, it all lives in the
clouds so there's no hardware required. It can be accessed
from anywhere, so you're not maintaining multiple systems because you've
got one one unified business management suite. Over thirty seven
thousand companies have made this, and I'm willing to bet
NetSuite can help you make your business just more efficient
(14:08):
you'll make more money.
Speaker 2 (14:09):
It's a free download.
Speaker 1 (14:11):
By the way, visit NetSuite dot com slash handle NetSuite
as an office suitees NetSuite dot com slash handle.
Speaker 2 (14:19):
This is Handle on the Law.
Speaker 7 (14:23):
You're listening to bill Handle on demand from kf I
AM six forty back.
Speaker 1 (14:30):
Would both more Handle on the Law all right, Cynthia,
let's have it.
Speaker 2 (14:34):
What can I do for you?
Speaker 11 (14:36):
All right?
Speaker 2 (14:37):
Thank you?
Speaker 12 (14:39):
Some property, Cynthia.
Speaker 1 (14:41):
I'm having a hard time with this phone call. You
either have to speak louder or we need a better connection. Yeah, okay,
is that better?
Speaker 2 (14:48):
Yeah? Some property?
Speaker 10 (14:50):
An empty lock was give it to me and my
boyfriend and there wasn't any money exchanged. The couple just
wanted to get rid of and so my boyfriend didn't
want it in his name, so he put it into
his child's name.
Speaker 12 (15:08):
Okay, and that was ten years ago.
Speaker 10 (15:11):
And now I've been paying that the taxes for the
past ten years by myself. No one has helped me.
How do I get that person's name off of the deed?
Speaker 2 (15:23):
You don't. I don't know that person owns the property.
What I mean?
Speaker 1 (15:29):
You just arbitrarily say, even though I've paid, I want
you to no longer own the property.
Speaker 2 (15:34):
I don't know how to do it.
Speaker 1 (15:37):
Because you pay the taxes doesn't mean you own the property.
The deed determines who owns the property, who holds title.
It is you and this kid, So you don't not
that complicated?
Speaker 7 (15:52):
Vern.
Speaker 1 (15:53):
Welcome to handle on the law, hi, verno. Okay, I
have no idea what Vern is doing. Maybe Vern is
changing his batteries and his hearing aid.
Speaker 2 (16:10):
No idea Vern going once I'm here? All right, well, yes, okay, Vernon.
Speaker 11 (16:19):
Hi, thank you for taking my call.
Speaker 6 (16:21):
Bill.
Speaker 11 (16:21):
Sure, it was nice to meet you at the Wild
Fork and.
Speaker 1 (16:25):
Oh okay, yeah, all right, real quick.
Speaker 11 (16:28):
I know you're short on time.
Speaker 7 (16:30):
Hey.
Speaker 11 (16:30):
The summer before last, we were in Kawai and we
had an aborted takeoff with the American Airlines. Absolute nightmare,
smoking brakes and fire trucks at the end of the runway.
We had to wait for many hours and got to
the desk and they said, we have no more vouchers.
You're on your own.
Speaker 10 (16:49):
Good luck.
Speaker 11 (16:49):
Here's forty bucks for food. So I called many places
around the airport, couldn't find anything. Finally found the place
that was about don't know, twelve hundred bucks for the
three of us by family, and.
Speaker 2 (17:01):
I, oh, you're talking about the hotel.
Speaker 11 (17:04):
Yeah, okay, anyways, we have to get a car transportation.
Speaker 6 (17:08):
So.
Speaker 11 (17:10):
Came out to fifteen hundred bucks and all they reimbursed
this was for four hundred dollars.
Speaker 5 (17:15):
Okay.
Speaker 11 (17:16):
They refused the reverses for a ground transportation. They said no, sorry,
how did you get his four hundred bucks?
Speaker 2 (17:21):
How do I Well, okay, here's here. Here is the
problem you may have.
Speaker 1 (17:28):
It may be a limit of four hundred dollars that's
all they have to reimburse. And there are all kinds
of regulations and federal rules about that sort of thing
that they comply with.
Speaker 2 (17:42):
And they're getting more and more liberal, or the law.
Speaker 1 (17:46):
Is getting more and more restrictive towards the airline and
more liberal in terms of the money you get. So
I don't know what the rules are, but you can
certainly call the Department of Transportation and you'll talk to
somebody there and ask what happens? How do I deal
with it? Because there are restrictions, by the way, for
(18:07):
American to do that. That's just crappy, by the way,
that's just you know, you understand that you know planes
blow up, Well, in this case it didn't, but there
are problems, mechanical problems. I mean, you know, it just happens,
and you know you're lucky the plane didn't fall out
of the sky, but for them not to have reimbursed
you your legitimate expenses, Yeah, call a Department of Transportation
(18:31):
and see what you're entitled to legally, and then just
start calling around, you know, the vice president in charge
of aboarded takeoffs somewhere in American airlines. You'll be able
to talk to someone. Yeah, that's a drag, all right.
Speaker 2 (18:43):
Another airline question, Hi John, Hey Bill? Yes, go ahead,
all right, real quick.
Speaker 12 (18:50):
I work for a major airlines that had a contract
that became amendable while I was still working for them,
but they didn't finalize the contracted until twenty twenty three.
I retired in twenty twenty one. Am I entitled to
any of the back pay? Because no, of course not.
Speaker 2 (19:09):
No.
Speaker 1 (19:10):
Why would you be entitled the back pay If that's
the case, we're there, If you're you're entitled to the
pay from the time the new deal is cut at
that moment you get the new deal.
Speaker 2 (19:22):
Okay, why would you get the deal?
Speaker 1 (19:25):
Why would you Why would you go back and say, uh,
you know what I earned X dollars then, and now
there's a new pay schedule, and I want back pay
at the new pay schedule.
Speaker 2 (19:35):
I don't understand what you're asking.
Speaker 12 (19:37):
Here, well, because I was still working from that period
twenty nineteen to twenty twenty one.
Speaker 1 (19:42):
When I retired, okay, so but I don't okay, I
don't understand. Was the was the new deal retroactive or
did it start at date certain and you got more money?
Speaker 12 (19:57):
No, it was they they paid back it was retroactive effect.
Speaker 1 (20:00):
To Oh if it was retroactive and they didn't pay you, yeah,
you're entitled the money. Of course they have to pay
you if they say it's retroactive. So you know, it
happens all the time. You have a new teachers union contract,
new collective bargaining and it says, okay, you're negotiating for
a year and it goes, here's our new deal, and
(20:22):
we're this new pay schedule goes retroactive to a year ago.
Speaker 2 (20:26):
Okay, then you're entitled to it.
Speaker 1 (20:28):
If it's not, then it's just from the time that
the new deal is cut.
Speaker 2 (20:33):
I don't understand.
Speaker 1 (20:35):
Does it is the new pay level? Is it retroactive?
Speaker 12 (20:42):
Well, yeah, they paid back pay to all those people
for all those years.
Speaker 2 (20:46):
Okay, then you're entitled to it. Why wouldn't you be
a title to it.
Speaker 12 (20:50):
Of course, I retired, I'm out of luck.
Speaker 2 (20:52):
Oh yeah, if you're retired, you're out of luck. Yeah.
I think that that cuts it off.
Speaker 1 (20:57):
I think you're done if you've retired. Yeah, that's my understanding.
I mean, I don't know what the union rules are
because that's a collective bargaining situation.
Speaker 2 (21:07):
Steve Hi, Steve welcome.
Speaker 7 (21:10):
Hey, my daughter works at an Indian reservation and she
is not getting her breaks, and her manager is telling
her they don't have to get breaks because they're on
federal land.
Speaker 1 (21:21):
They're not on federal land, they're on sovereign land. They're
on It's really interesting with Indian reservations.
Speaker 2 (21:29):
It's quasi. It's a quasi sovereign.
Speaker 1 (21:32):
Country Indian reservations, and they are not in most cases,
they are not limited or they don't have to adhere
to rules. So I'm guessing that he is right that,
for example, a state law that says you have to
get breaks on an Indian reservation, the state doesn't control.
Speaker 12 (21:56):
What about the Feds.
Speaker 1 (21:58):
Yeah, I don't think there is federal law. But even
then it really doesn't matter. For example, there's federal taxes
right on gasoline, not on an Indian reservation.
Speaker 2 (22:07):
There isn't there exempt from taxes.
Speaker 1 (22:10):
That's why you go to one of the Indian reservations
and you buy gasoline for a buck eighty less than
you pay right out of the Indian reservations.
Speaker 2 (22:20):
So I don't know.
Speaker 1 (22:23):
I don't know what the rules are, whether this specific rule,
for example, breaks they have to give, you know, for example,
let's say it's the sovereign nation. However, there are some limitations,
one of them being that the state of California in
this case has a right to determine how many gaming
(22:45):
tables or slot machines in an Indian gaming establishment, gambling establishment,
a hotel, that there is some kind of regulation that
is allowed. It's insanely complicated as to how it's unique
Indian reservations in this country. It is truly a separate country,
(23:06):
a sovereign country onto itself, with all kinds of limitations.
Speaker 2 (23:12):
So to the gaming board, well we don't not the
gaming board, that's the gaming board is in Nevada.
Speaker 1 (23:22):
No, this is I don't know who controls the the
casinos you know they have. I don't think you're allowed
in California.
Speaker 2 (23:32):
You're allowed poker.
Speaker 1 (23:34):
I don't think you're a allowed roulette. But yeah, they
that's those are negotiated. There's some laws that do control
and others don't. I'm telling you it's insanely complicated. I
don't know the Indian law on this, but I'm willing
to guess that.
Speaker 2 (23:47):
They're absolutely right. You know, I don't think they have
to give breaks.
Speaker 1 (23:51):
Unless the law says they have to get breaks.
Speaker 2 (23:57):
This is handle on the law, all right, welcome back.
I handle the law. Marginal legal advice advice. David, yes, sir.
What can I do for you? David yes sir? Hello, Yes,
David yes Hi.
Speaker 3 (24:16):
I am a dentist and I signed a excuse me.
I was dealing with my building manager in terms of
signing the lease, and she said, just sign a seven
year lease, no problem. And I explained to her, right then,
first thing I said, out of out of my mouth,
I'm planning on retiring before h that seven year leases up.
(24:39):
And she said, not to worry. We handle this all
the time, people retiring before the before the lease is up.
So I retired in this in uh in August. And
now the company says that she did not the building
managers did not have time. Excuse me, she did not
have the authority to say what she did, and that
I still owe oh rent. And I said, had I
(25:01):
known that, I would never have signed the lease because
I've believed. So what am I supposed to do? Not
borying the building managers?
Speaker 7 (25:06):
She was my contact?
Speaker 3 (25:07):
Yeah, David, second day, I would, David, I would? You know?
Speaker 1 (25:10):
I understand, I understand. But here's a question. You sign
a lease that says seven years right there on paper,
boom boom, boom boom, and there is nothing in the lease,
there is no language whatsoever that says that if you
retire somehow, the lease at that point is terminated.
Speaker 2 (25:29):
You have the word of a manager. What if she
gets hit by a truck.
Speaker 1 (25:34):
After you sign the lease and no one knows that
she said that, or.
Speaker 2 (25:38):
She denies she says that, David, this is your fault.
Speaker 3 (25:45):
I'm not I'm not denying that.
Speaker 2 (25:47):
Okay. So what's your question?
Speaker 3 (25:50):
I say, I think that I signed under false pretenses.
Speaker 1 (25:53):
Uh okay, that's your that's what you're saying.
Speaker 2 (25:57):
You sign under false pretenses.
Speaker 1 (25:59):
And you're gonna go that. You got to go to
court and you're going to say this is what happened.
And the building manager is the building manager still working there?
Speaker 3 (26:08):
Nope, she's not there anymore.
Speaker 2 (26:10):
Okay.
Speaker 1 (26:10):
Wow, So they're gonna bring her in and she's going
to testify. Yeah, now I said that absolutely, and they're
gonna say she wasn't authorized to say that, and then
the conversation is over.
Speaker 2 (26:24):
What if she said, you know what, you're.
Speaker 1 (26:26):
Signing a lease and you're you're we're charging you three
thousand dollars a month on the lease, and she said,
by the way, all you have to do is pay
fifteen hundred dollars.
Speaker 2 (26:37):
But she said, I only have to pay fifteen hundred dollars.
That's what she said. What if she had said to you,
you get a year's free rent.
Speaker 1 (26:48):
Are you going to actually argue? But she said, I
got a year's free rent. But she said I can
retire early. You're screwed, David, you are screwed.
Speaker 2 (26:59):
I don't even want to hear that. But what do
you expect? Lydia, Lydia, Lydia, the tattooed lady.
Speaker 3 (27:08):
Yes, go ahead, Yes, I am her, Yes, I do so.
Speaker 6 (27:14):
I ordered a Plea spray for my dogs from Amazon.
They delivered it. They delivered it. I try spraying my
dogs with the spray bottle and it wouldn't spray straight,
it would spray down, so it was defective. Every kind
of tried spraying them, it wouldn't work, so it sprayed down.
I call Amazon, let them know it's defective, So can
(27:36):
you please send me a barcode. I'm going to return it.
They send me a barcode to return it the next day.
So I left the bottle of spray on top of
my table, the dining table, in the box that I
came in ready to send out the following.
Speaker 4 (27:50):
Day to return it.
Speaker 6 (27:51):
Went to bed the next morning. When I woke up,
all that spray.
Speaker 12 (27:57):
That was in the bottle just.
Speaker 6 (28:00):
All up into the table and onto my wooden floors, everything.
There was a puddle of that stuff everywhere underneath the
table and my house. Mouths terrible. I call Amazon, let
them know what happened. They told me to send pictures,
send me as much information as you can, and I did.
They told me get an estimate of your damage floors
(28:21):
and the table. I did back and forth emails. They
send that case to their insurance company, which you said,
what I'm waiting to heare from them right now? What
do you think is going to happen with that case?
Speaker 2 (28:35):
I don't know at this point.
Speaker 1 (28:37):
I mean, if they're willing to do that and they
turn it over the insurance company and you have the pictures,
and they said everything they're going to do.
Speaker 2 (28:44):
I mean, Amazon is not a small company.
Speaker 1 (28:46):
This is not a Mom and popper, and they have
obviously an entire department. They the fact that they said
this is what we need. I don't think they were
pulling your chain. What I think is going to happen
is going to make you an offer of some kind.
How much damage are you claiming.
Speaker 6 (29:06):
A little bit under two thousand dollars?
Speaker 1 (29:07):
All right, well, you know are they going to pay it?
I don't know, man, I don't know who makes that decision.
I don't know who makes that decision in the insurance company,
and so I can't tell you. Bottom line is I
have no idea. And that's not even marginal legal advice.
That actually is I have no idea, and no one
has any idea.
Speaker 2 (29:28):
God, that very rarely happens. When usually it's I have
no idea.
Speaker 1 (29:32):
Generally it deals with the law when I just don't
know or I'm wrong, I have no idea. All right,
Before I walk out and say goodbye, I want to
tell you about the latest with Zelman's Minty Mouth mints.
Speaker 2 (29:47):
The offer they're making now. I've been talking about Zelman's
for oh, I don't know how many months now.
Speaker 1 (29:52):
And these are these mints that are in these little
packets and I use them all the time.
Speaker 2 (29:59):
I have them all over the place. And it has
to do with your breath. And if you all at
all concerned about.
Speaker 1 (30:04):
Your bad breath, throw a couple of these in your
mouth and they have this minty coating that's pretty strong
and lasts for a while, and your mouth.
Speaker 2 (30:11):
Feels so fresh and clean.
Speaker 1 (30:13):
And then you either bite into these capsules or you
swallow them. I swallow them and they go down in
your gut because it's s parsley seed oil and it
really gets.
Speaker 2 (30:21):
To work in your gut. No other mint does that.
Speaker 1 (30:24):
And so the freshness and the fresh breath feel just
goes on for hours and hours, far.
Speaker 2 (30:29):
More than any other mint even pretends to do.
Speaker 1 (30:32):
So here is what they're offering, and I've never seen
them do this. If you order a three pack, you
will get a bonus pack. In other words, you order
three you'll get a fourth package of Zelman's Minty Mouth bit.
So go to zelmans dot com slash handle z l
M I n S. Zelmans dot com slash handle order
(30:55):
a three pack get a free pack.
Speaker 2 (30:57):
On top of that three free I have to make
sure you.
Speaker 1 (31:01):
Understand that because I barely do zelmans dot com slash handle.
Zelmans dot com slash handle, this is Handle on the law.
Speaker 2 (31:13):
You've been listening to the Bill Handle Show.
Speaker 1 (31:15):
Catch my show Monday through Friday, six am to nine am,
and anytime on demand on the iHeartRadio app
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