Episode Transcript
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(00:00):
You're listening to KFI AM six fortythe Bill Handles show on demand on the
iHeartRadio app. This is handle Iton the Law Marginal Legal Advice, where
I tell you you have absolutely nocase. If you're injured and need a
lawyer, go to handle on thelaw dot com. And if you're a
lawyer and want to join our teambecause people desperately need your help, go
(00:24):
to handle on the Law dot Comand click on the join today tab at
the top of the page. Thefollowing is up be recorded program. Junk
fees are part of life and Ihate them. You hate junk fees,
and they have now become ubiquitous.I mean, in some cases completely insane.
You buy a ticket to a concertand let's say it costs you one
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hundred dollars, Well, you're reallypaying one hundred and forty dollars because all
the junk fees involved. You goand travel on an airline, you've got
the junk fees. You want tosit, you want to for example,
you want to reserve your seat,there's a fee. You have a bag
or two, there's a fee.You want to pre board, there's a
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fee. You want an exit row, there's a fee. So when you
see these fees, what does thatmean? It means this is the base
price and then you get to payextra. How about going to a hotel.
Hotels now charge more junk fees andyou could imagine never used to resort
fees. Now. During COVID,I actually had to go to a hotel
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for business and banned. It wasweird. They didn't clean the room,
everything was sanitized. The restaurant wasn'topen, certainly, the swimming pool was
closed down. They had a sauna, they had the resort part of it.
Everything's shut down. So I walkin and I'm booking paying for my
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room, and there it is resortfee. I'm going, what are you
talking about? It's all shut down. No, that's our price. And
when you look at a hotel,you get the base price and all the
fees and taxes and all the extracosts are tacked on top of that.
So you know what California did.California now makes it illegal for businesses to
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tack on fees beyond the listed prices. If it's an extra ten bucks,
guess what you have to be toldit's an extra ten bucks the cost of
that concert ticket, which says it'sone hundred dollars face value, but it
sold you at one hundred and fortydollars by the ticket broker. Guess what
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they have to print that out.Restaurant owners, of course, have argued
they have to be exempted because they'realready struggling to survive and therefore they should
charge these fees. So let's sayyou have a menu item at twenty five
bucks. The house adds a fivepercent fee to fund the employee's health insurance
plan, and another twenty percent servicefee on top of that. Now we're
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not talking about a gratuity where youleave at your discretion. I'm talking about
for example, you go into restaurant, parties of six or more are charged
eighteen percent. Well, guess what, that's not a gratuity. That's the
cost of the meal. It's whatevermeal you're choosing, whatever amount of food
you're paying for, and eighteen percenton top of that, that's the cost.
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So the gratuity part is left out. So what is the eighteen percent
is considered a junk fee and youhave to list it on the price.
Now, in most restaurants they sayparties of six or more you are told,
So that works out, But restaurantowners are saying this is mainly the
restaurant in industry that's fighting this likecrazy, that raising menu prices that is
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going to kill them. Well,you know, then get out of the
restaurant business. I mean, it'sit's tough, it really is. And
if they drop charges without raising listedprices in order to stay competitive, that
would mean reducing their very slim profitmargins even more, laying off staff.
And that's exactly what's happening. I'mnow going into restaurants and they're all short
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staffed, every one of them,not only because of this law, but
also because of minimum wage in California, especially fast food places twenty bucks an
hour, twenty dollars an hour.If someone works in a fast food establishment
in camp in California. All right, let's take some phone calls. Grace,
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Welcome to handle on the law.Good morning, Thank you. Yes,
ma'am. I'm still gathering the facksbecause it's happened yesterday. But basically
I went and bought my nieces andnephews movie tickets to the movie theater.
Okay, and the movie there wasa glitch. The movie ended sooner,
it did not end completely. Mynieces and nephews want to go, get
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their tickets back or get reimbursed.Somehow remedied the situation. The people in
front of them were with respect ofmuch more pale colors in them. My
nieces and nephews are Mexican and NativeAmericans. The people in front of them,
they were accommodated, They got reimbursed, they were said, they were
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told they can see any movie theywant in the theater. When my nieces
and nephews went up, they werebasically told to suck it because they were
not accompanied by an adult. Therewas a whole lot of a minute were
there was the other couple. Werethey the people in front? Were they
accompanied by adults or were they adults? They were adults. Okay, And
your nieces and nephews are miners,yeah, okay, And they were told
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no. So basically we're talking racialdiscrimination. White people were allowed to go
in movies and Hispanic slash Native Americanswere not. Correct. Yes, okay,
how much money did we spend forthe movie tickets? I probably spent
about fifty sixty dollars. Okay,wow, just for two people to see
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a movie. No, no,this is for four people. Oh four
people. Okay, Yeah, it'sabout right, all right, And so
discrimination sure seems to be there unlessthe argument on that side says, hey,
we're not discriminated racially. We discriminatedagainst adults and kids. That's our
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discrimination. By the way, thatis not discrimination racial discrimination, which is
according to the law, on itsface discrimination. So they have a reason
saying nope, because we just don'tdo this, or the manager at that
point decided arbitrarily that he doesn't likethem or for whatever reason, but he's
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gonna he's gonna nothing to do withracial discrimination. Nope, had nothing to
do with it. And so that'sprobably gonna fly. So now you're out
sixty or they're out sixty bucks.What do you do with that? What
movie did they see? Anyway?What movie were they watching? They wanted
to watch The Strangers, something tothat effect. Yeah, it probably sucks
anyway, you know it probably itprobably they the movie people probably didn't did
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them a favor by cutting it short, because I heard about that. It's
it's a horrible movie. They wereahead of the game. You got a
small claim suit, and it's thatsimple grace. You got a small claimsuit,
and the hard part and the toughpart is it probably was racial discrimination,
probably, but you know they havea defense to it, so you're
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out right, is that the factyou lost sixty dollars? It's the way
they were treated, well, they'rebeing treated. Being treated badly is not
a legal issue. People who aretreated badly all the time. You can't
sue sue because you were treated badly. You can sue because you're arguing racial
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discrimination, which is illegal. Theirdefense was not race kids not legally considered
discriminating. Well, it is discrimination, but not recognized by the law.
And the lawsuit is sixty bucks.That you get. The problem is it's
gonna cost you one hundred dollars totake them to court. And someone got
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and someone has to show up,and you're the one that bought the tickets,
so you're gonna argue you got screwedor a third third party and you
know, or do you just suckit up? Is it worth the hassle?
And you call the manager. I'massuming this is a big chain,
right, yeah, Okay, yougo up the ladder on that's on the
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other side. You go up theladder and you say, and you just
find out who supervises the manager.The manager that said no to your to
the kids. Yeah, okay,then you go above the manager and you
explain what happened. And if Iwere the supervisor, I'd give you tickets
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like crazy. So you just havea guy who is an is an ass.
That's all there is to it.So I wouldn't I mean small claim
scort for sixty bucks. On theother hand, I think you'll find some
satisfaction if you make the phone callsand go up the food chain. Yeah.
I can see how upset she is. Yeah, I get it,
and it probably was racial discrimination.Okay, Now what this is handle on
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the law. Welcome back to handleon the law, all right, Sean,
Hey, Sean, hey, Bill, go ahead, welcome to handle
it. What can I do foryou? Yeah? Hi, I have
construction work on my house and theworkers accidentally cut the water me and they
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immediately went to turn off the waterMaine, but it wouldn't turn and they
eventually called the utility and they endedup not being able to turn it off
themselves and they had to replace thevalve. The rub is that my whole
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house water filter got filled with sand, causing thousands of dollars in damage to
it. It had to be replacedto have a case. Well, here's
the problem is, I see it. It was your valve, and they
immediately went to mitigate any damages byturning off the valve. And they tried
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and they tried, and it turnedout that the water company couldn't go out
there so and couldn't turn it off. So there's no negligence there. Now,
initially there is negligence, but hadthey been able to turn off the
water, very little would have happened. And so if I were them,
I mean, do you assume insmall claims court it doesn't hurt you to
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sue the construction company because they werenot utility the utility. Now you're not
going to be able to sue theutility. Uh? Is it out?
And well let me ask you where'sthat water main valve? Is it on
your property? It's on the street. Oh that's different. That's different.
Uh, you make a claim.I thought it was on your property.
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You make a claim against the watercompany? Yeah, because I think they
are liable because they have to theyhave to maintain that valve. And if
they're understanding the valve is the breakpoint, they own the valve, it
doesn't matter it doesn't matter if they'remaintaining it, if it's their job,
and the fact that they own thevalve is even better. But if it's
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their job to maintain it and itis properly maintained and because of lack of
maintenance, uh, they are Uh. I think they're liable. And now
they're going to argue the construction companyis liable for cutting off the water line
and you're saying, okay, theyare liable for any damages. But damages
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would not have happened had this linebeen able to be shut off and we
did that immediately. Try to doit, and it's your negligence that caused
the damage beyond trying to shut offthat valve. And since it's them,
I don't think you have any liabilityor I think you are totally in the
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right here. So make the claim. Now, are you going to be
able to win the claim? Arethey going to pay it? Of course
not. So you make the claimagainst them they deny, You have to
appeal, You have to go upthere. Whatever administrative remedies they have,
you have to exhaust those remedies.When we talk about administrative remedies, you're
talking about making the claim. Theysay no, you appeal it through it
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every system they have, they haveto have some kind of appeals process.
You exhausted that. Okay, you'veappealed, you've lost across the board.
Correct. They're not responding to me, okay, and you you've asked to
appeal. You have all that inwriting? Yes? Okay, Well no
I don't because they won't. Theydon't respond to me. Doesn't matter when
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I talk about writing, do youhave in writing your email asking for the
appeal papers or documents or procedures.They just sent me a letter. Did
you ask for that? Do youhave the proof? I do not have
the proof? Just okay, okay, that all right? But they sent
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you a letter? Was it aform letter saying no, thank you?
Yes? Okay? And in thatform letter it doesn't say where you go
at all, It just says no. It gives me a contact with their
agent they have they have a companythat says no, they're no company,
and no one is responded. Okay, So okay, what did you say
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in the phone call? Did youmake a formal claim? First of all,
only a phone call and I saidI would like to discuss it,
and you got a letter saying no, thank you. Right, Okay,
well you didn't. You did notmake a claim against the city. Uh,
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it's just you called and they sentyou this form letter. It's no,
no, I called. I calledthe utility and they referred it to
their agent. It doesn't matter.That doesn't matter. That doesn't matter.
It's whoever is running it. WhenI talk about going making a claim,
it just so happens they have theyoutsource that part of it. Ye put
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it, You put it all in, You put it all in writing.
Hopefully you'll get another letter and thenif they won't give you the appeals process.
If let's say, is it availableon the internet. You looked at
that, you looked at their website. Yes, is there anything on the
website that talks about a claim.No, it's only through their phone contact.
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That's it. There's no email address. It's only by phone. That's
what the utility. Yes, butthey gave you this other company and said
you can contact them, and youhave an email address where you can contact
them. There was a phone.There was a phone contact with them.
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Okay, so if you go tothe website, have an address, though,
I could write them, then youwrite them a letter. Then you
write them a letter. You've gotto be able to prove that you've contacted
them because you have not said anythingother than what you said on a phone
call. Okay, do you needall the proof you have to come in
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because they're going to say, well, you called up and you just wanted
to know, and you're not makinga formal complaint. They can say anything
other than you making that complaint pertheir website. And if it only says
phone call and there's no other wayof reaching them, there's no address,
although you said there is an address, and you can send a letter,
you can go snail mail. Thatworks. Let me tell you about NetSuite.
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going to work. Go to NetSuitedot com slash handle, NetSuite as an
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L, NetSuite dot com slash handle. This is handle on the Law.
You're listening to bill handle on demandfrom KFI AM six forty. This is
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handle on the law marginal legal advice. I tell you you have absolutely no
case. Hey, Jose, welcometo handle on the lawn. Do yes,
sir. I have a situation wheremy daughter goes to private school.
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She's encountered a lot of harassment,UH specifically Rachel based on the fact that
she is mixed she's a Hispanic andblack. A couple of incidents, just
to put your things in perspective.One child painted her face white painted a
second painted her face, yes,since you want to be white so bad?
(18:33):
Here you go, geez. Andthis is in school, in school,
during a class how old? Howold is how old? Your daughter?
Thirteen? Thirteen? Okay, allright? Destroyed her emotional of course
it did. Of course it did. A child black face, you know,
and uh, making fun of beingblack, her making fun of her
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hair. A Mexico poster with theokay, you can go, all right,
Jose you can. You can basicallystop at the first one. And
uh, you know, you've reachedthe point of like insanity. So what
did you do about it? I'massuming you went to administration at the school.
Correct, of course, of courseI went. We sat down.
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Part of the problem is that mychild had already accepted that she's an ape,
and that she accepted that she isa milk duod. Okay, all
right, What did the school do? What did the school do? Nothing?
They just asked for the child foran apology, and then they okay.
Principal also asked me if I goto church every Sunday. Okay,
I want you to talk to you. Okay, hang on, that doesn't
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really matter. I mean, youknow, you've got a principal who you
know, I don't care what ishe had no business ask me if you
go to church. I mean thatis okay, fine, But what's happened
to your kid is on a wholedifferent level. Uh, You've got to
speak to a civil rights attorney,Jose, because now we're talking some real
serious up here in terms of theschool allowing this to happen and simply asking
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for an apology that doesn't cut it, not at all, and they know
the kid that did this, andoh my yeah, yeah. I want
you to talk to a civil rightsattorney on this one, because you basically
have to go against a school board. I mean, this is complete insight.
No, you can't know. Youhave to Jose, Jose. You
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have to do it. You haveto do it because if you don't,
you are letting your daughter down,much like what happened with the administration ignoring
your daughter. You've got to goballs to the wall. I mean,
if there are a lot of peoplewho would go in and spray the administration
because of what happened of course I'mnot advocating that, but I'm saying people
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would get so upset. Yeah,you've got to talk to a definitely a
civil rights attorney and take this up. Man, There's no question about that.
Scott, Hello, Scott, welcome. Oh Bill, Hey, I
just found this happens. But backin twenty twelve, my house was going
to be foreclosed and I went toa lawyer you guys recommended. They told
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me to add three people to mytitle at I think three percent each,
and one of those would be inbankruptcy so they couldn't foreclosed, but they
did anyway, they foreclosed and oneof those people, the two of them
actually bought my house. And Ijust found out this happened. Hang on
a minute. Your name was ontitle, correct, Yes it still is
(21:36):
and uh okay, so if youstill own the house, what do you
care? Well, because they saidthey bought it, they have another title
where they're on it. No matterwho's recording, it's recorded in whose name
in theirs? Right now? Okay, so your name isn't even on title,
not according to them. But yougot to pull it to Scott.
(21:57):
You pull title, that's easy.You go to the county Recorder's office.
You can go on the internet andpull title and find out whose name is
on the deed. I mean,he can say whatever the hell they want.
You have to look at that document, that deed. Well, I
have two sources. The first oneis the actual copy of the deed.
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Okay, what does it say?Yes, I have eighty five percent?
Okay, all right, okay,Now is there a deed that has been
recorded since then? Yes? Okay, No, I don't care what they
say. Scott, I can sayit's in my name. Oh okay,
Bill g I didn't know that.So you owned the property? Huh,
I go, yeah, I'll sellyou. I'll sell you my interest in
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the property. Scott, I wantone hundred thousand dollars and you give it
to me. Come on, anybodycan say anything, Scott, pull title,
find out who is the owner ofthat piece of property, and then
you go from there. Then youcan call me back and we'll go from
there. Because at this point it'sit's moot, right. Samantha, Hi,
(23:03):
Samantha, welcome Hi. I hadan MRI in January of twenty twenty
two, received a bill from thefacility. In November of twenty twenty three,
we had no idea the bill hadnot been paid. They billed the
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wrong insurance did not get the preauthorization from the right insurance company. I
called the provider, asked, what'sgoing on. Why are we getting a
bill almost two years later? Theysaid, oh, we need to look
into it. We need to lookinto it. And five months later we
then get a bill from a collectionagent. Okay, how much do you
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owe, Samantha. Well, tothe provider, it's seventeen hundred dollars.
Okay, that's all. Okay,So seventeen you owed seventeen hundred dollars,
and if you were to pay seventeenhundred dollars, you're paid off. Correct.
If I paid the provider correctly,But with the collection fees, that's
another three hundreds Okay, So youhave two thousand dollars that they want,
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and then you're free and clear,and then you've paid the bill right correct.
I'd sue the provider for all thatmuch. I would go to small
claims court and sue the provider.And the problem that happens is you also
have to tell the provider because they'rethe ones that waited way late. And
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now there's a whole issue here becausethey're allowed to They are allowed to bill
at a later time. And theproblem is is that if the insurance company
has a set time in which aset date in which you can submit,
and beyond that, they don't pay. And the provider is the one that
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sent the insurance out. I mean, it's a little complicated. But as
far as the collections go, youhere's the problem. You may want to
pay the collection company just to keepyour credit from being screwed up. Right,
you cut a deal with that.I'm gonna give you one hundred dollars
month, and then you sue thedoctor's office for the entire amount. We'll
see what happens in small claims court. The important thing here is keeping your
(25:18):
credit without being danmeda. Once thathappens to unravel, that is a mess.
So that's what I would do.Carol, Hello Carol, Hello,
Yes, Hi. So ten yearsago, my hobby brilliant financial guy was
on a triple A tow truck.They were towing his car. When he
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got off of the tow truck.The guy didn't help in me felt directly
back on his head. He wason blood cinners. He ended up permission
hospital. They said that if wewere gonna sue triple A, I would
have to pay the million plus dollarbill for his cranyotomy. That's not true
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at all, by the way,that's absolutely not true. So you didn't
so yeah, so of course,why would you have to pay if you're
suing someone for the medical bill?So what happened? Did it? Okay?
So what happened? They had acrannyotomy. He has never been the
same, Okay, ago, Okay, that's the problem ten years ago.
(26:23):
Oh that's a problem. Yeah,because it's uh, it's statute of limitations
is far gone on that one.Because oh you, I mean, and
you didn't go to a personal injuryattorney, did you did not? Oh
wow with a million dollars very smartpeople. Yeah, no, you weren't
very smart people. No, no, because that's that is a huge case,
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I mean enormous. But it's justtoo late. Wow. Let me
tell you. For every personal injuryattorney who is out there listening to that
story, they are now sobbing,I mean crying, hysterically sobbing. This
is handle on the law, andwelcome back to handle on the law marginal
(27:11):
legal advice. Hey, Tom,welcome to handle on the law. What
can I do for you? Howyou doing? Bill? First of all,
I'd love your show. Anyway,I have a commercial driver's license in
California, and I'm subject to randomdrug tests. What if I smoke pot
(27:33):
on the weekend and I come toworking on Tuesday, they give me a
drug test and I fail. Yeah, that's a problem. Yeah, that's
a problem because all the rules thatprotect you, that's legalizing pot recreational purposes,
all of that is in place inCalifornia. And you know what,
one of the exceptions is commercial marketdrivers licenses. You guys, let's an
(28:00):
exempt that I have to go tothe old rule. You have to go
to the old rule. There's noway around it. It's gonna get worse
too. End of the year,Department of Transportation is going to make it
even tougher. So you're talking abouta commercial license, not Department of Transportation
license, nothing federal, just state, right right? Well, I mean
state. You know again, thereis they look at commercial drivers way way
(28:23):
different. I think you would beokay, but you know, certainly federal
You're screwed. Okay, you're onehundred percent screwed. If you're talking about
a commercial license, that's you gointerstate with a truck that you're done.
But yeah, you know, Ithink you're gonna be okay if they test
you, you go listen. Idon't you know, I do recreational drugs
(28:44):
and you have to call the DMVon that one, because I don't know
what commercial driver's licenses restrictions there arewhen it's become legal lice. So if
that's a DMV question, bottom lines, I have idea. Hi, Debbie,
Yes, go ahead, Hello,Yes, I guess okay. I'm
(29:10):
calling to see if you can letme know if I've got myself into a
predatory loan. I had signed overa car title loan. I got a
five thousand dollars loan through a company. Again. They reached out to me
and said, hey, would youlike more money? Okay? And so
I resigned for another five thousand dollars. Hey would you like more money?
(29:37):
Okay? And I signed again foranother five thousand dollars. Right now,
I'm at fifteen thousand dollars. Theyhave my car title, and I'm at
fifty three percent interest. Okay,it's a predatory Is that a predatory loan
or predatory action? Well? Itcorrect certainly is morally the only issue is
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legally, let me ask you whyyou needed the money for what you needed?
Five. I needed some medical expensespaid. I went in for some
surgery and I had to pay theco payment. And so I saw this,
it came online, and you know, so I'm like, okay,
I'll try it. I got it, Okay, So I understand that.
(30:23):
Now, did the first five thousanddollars basically cover your expenses that you needed?
Yes, okay, What did youuse for the next five and the
five after that? What was thatmoney for? When they called me again,
I was behind in credit card paymentsbecause of the additional money for the
surgery. So I said okay,and so I did that one again and
(30:48):
then it just yeah, no,I understand, Yeah, that's not predatory
legally, that isn't okay, youvolunteered. They just said you want more
money. And if they were honestabout what the percentage is, I mean
fifty three percent? Uh, Imean, I don't know if you're ever
going to be able to pay that. And yeah, what here is your
(31:11):
car Debbie twenty nineteen, jee GrandCherokee. Yeah, well you gotta be
a little careful about all of thatobviously, And yeah, that's the bottom
line is that's not predatory legally,and based on what they're asking the interest
rate, my guess is that you'regoing to spend all of your money paying
(31:33):
off that loan and you yeah,they have your car, you know,
if you can't make anything. Yeah, that's tough. Yeah, Hey,
Allen, welcome, right. Yeah. Terms and conditions for software AI,
CHET GDP. How how by arethey? You know, does anybody ever
(31:57):
pay attention to Not really when youtalk about how binding in terms of use
on these apps, what would youdo that they're not binding? Well,
there's a few things that I havewritten down here. How do you identify
the parties involved with the terms andconditions? I have no idea. I've
(32:24):
never said anybody actually being sued.I mean, I've heard of people being
tossed off apps and various programming,but that's that's it. Yeah, I
mean, if you're studying out,I mean, yeah, I gotta tell
you. If this is what you'rethinking about, Alan, then you know,
obviously you need a lot more inyour life, because I don't know
(32:45):
who pays attention to this stuff.Yeah, well I did. I read
the terms and conditions. The onlyone that I've known that's ever read terms
and conditions on any of these apps, because they go in for pages and
pages and pages, and you needa Magnify buying glass. So your concern
is what happens if you don't,Either you ignore them or something you somehow
(33:10):
you do some activity that contravenes whatyou've agreed to. I don't know what
question you're asking here. Okay,what's the upper case words paragraphs mean?
What does upper case words and paragraphsmean? Alan, you want to talk
(33:30):
to handle on English, not handleon the law. Now, let me
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four hours, literally for hours.There are little capsules with a minty coating.
You pop two or three in yourmouth and you suck off the minty
(33:52):
coating and then you swallow the capsules, so the mint part takes care of
your mouth feeling fresh and clean,and then the capsules go to in your
gut because it's parsley seed inside andwith bad breath sometimes starts in your gut
with the foods you eat. Well, Zelmans takes care of that and it's
the only meant that I know thatdoes that that's Zelmans now, and I'm
(34:15):
going to suggest you order them.I live on Zelmens so multiple packs,
free shipping, money back guarantee.I've never seen heard of anybody using it.
You're simply going to want more,that's the bottom line. I've known
these folks over thirty years with Zelmans. I met them at a garlic festival
where I had a huge fight.I said, I have a radio compan
(34:37):
I have radio show. I wanta free pack four dollars. No,
no, that was what they willcost them those days, way thirty years
ago. I mean it was crazy. So we've been friends ever since.
That's Zelmans z l m ns zelmansdot com. By the way, that
story made no sense. Fifteen percentoff when you use the code handle and
use the code handle, get thatfifteen percent Zelmans z e l M I
(35:01):
n s Zelmans dot com. Thisis handle on the law. You're listening
to bill handle on demand from kfI A M six forty