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Posted by: Maricopa Lawyers on Mar 12, 2017

Consumers opt into free trials all the time. They are essential in trying a product before having to commit to it. But sometimes what the consumer doesn’t realize is that they actually opted into an auto-renewal. Auto-renewals are those pesky trials that roll into a paid subscription without any action taken by the customer.

While they are great for business, these efforts need to be carefully scrutinized to ensure they comply with state and federal regulations. Inability to comply with federal and state laws regarding auto-renewals could lead to an unwanted federal regulatory enforcement action, multistate investigation or class action lawsuit.

Negative Option Marketing

Negative option marketing involves the consumer enrolling in a program that continually renews without any further action. The good or service is continually delivered and billed until the consumer cancels. Negative option marketing can include free trials, continuity programs and automatic renewal plans and they are all subject to regulation by the state and federal government.

Free Trials
Free trials are a popular way to introduce a new product. Typically, federal and state laws require the seller of the free trial to clearly disclose the terms and conditions of the plan, including what will happen when it ends and if the subscription will continue without consumer action. If the subscription continues without consumer action, the seller must disclose the date the consumer will be charged at the point of the free trial ending, as well as a clear cancellation procedure. Consumers must also give their consent to the terms of the trial.

The Restore Online Shoppers’ Confidence Act
The ROSCA regulates how negative option marketing programs can be sold online. It is enforced by the Federal Trade Commission and requires online retailers to clearly disclose the terms of an online negative option transaction before collecting the consumer’s billing information.

Posted by: Maricopa Lawyers on Feb 24, 2017

Grandparents often play an important role in a child’s life and upbringing. In most cases, children benefit greatly by having their grandparents in their lives. Many children receive a love and wisdom different than that of what they usually get from their parents. This is why it’s so great when a child can grow up with grandparents in their life.

In the state of Arizona, it is possible to get visitation rights to grandchildren. Depending on your situation, you may be able to see your grandchildren over their parents’ objection. This is decided on a case by case basis and is usually determined by examining what is best for the children. This article discusses the considerations taken by the court when granting grandparents rights and when deciding the best interest of the child.

Factors considered for grandparent visitation

Arizona legislature created the legal right to visitation for grandparents in 1983. Under ARS §25-409, grandparents may petition the court for visitation rights so long as it is in the child’s best interests. One of the following must also be true:

  • The child’s parents have been divorced for at least 3 months and the grandparent is the parent of the child’s noncustodial parent.
  • The child’s parent has been deceased or missing for at least 3 months and the grandparent is the parent of the child’s missing or deceased parent.
  • The child’s parents were never married.

Determining the Best Interest of the Child

The Arizona courts usually consider the following information when deciding what is in the best interest of the child, along with any other relevant factors:

  • The past relationship between the child and grandparents.
  • The grandparents’ motivation for seeking visitation.
  • The reasons why the parents are denying the grandparents visitation.
  • The amount of visitation time the grandparents are seeking and how that could impact the child’s daily life.
  • The benefits of maintaining a relationship with extended family.

Many other factors go into granting visitation rights to grandparents. These cases are very dependent on specific factors in the child’s life.

Posted by: Maricopa Lawyers on Feb 7, 2017

Buying and selling a home is one of the largest transactions most people make in their lifetime. With so much money at stake, it’s always smart to have the best advisors on hand. Having a real estate lawyer to help you sell your home can have many benefits.

When Should You Hire a Real Estate Lawyer?

Knowing whether you should hire a real estate lawyer to sell your property isn’t always black and white. There are a few circumstances that can be more complicated than others, and would be a lot easier with a lawyer on your side. Below are circumstances in which you should seriously consider hiring a real estate lawyer:

  • If the property you are selling is in some state of distress
  • If you are the heir or executor of a property whose owner is now deceased
  • If you are selling a house with a non-cooperative partner
  • If you have a gut feeling that something could  go wrong based on knowledge you have about the property

If you are feeling unsure about a real estate process, hiring a lawyer can give you peace of mind, and ensure that everything goes as planned.

What Do Real Estate Lawyers Do?

A real estate lawyer can review any offer you make or receive. They also make sure that your rights are protected and your duties clearly defined. If you do decide to hire a lawyer to help sell your house, be sure to hire someone who is qualified, experienced and insure. A good lawyer can help you with:

  • Buying and selling property
  • Deed transfers
  • Boundary disputes
  • Easements
  • Quiet title actions
  • Foreclosures and loan modifications
  • Landlord/tenant issues like evictions, lease drafting and review, habitability problems and housing discrimination
  • Other real estate-related legal matter
  • Reviewing the binder and reviewing or preparing the purchase and sale agreement, including negotiating its terms
  • Preparing the deed and power of attorney if necessary
  • Dealing with title issues as they arise and helping correct them
  • Attending the closing and reviewing all the papers you will be required to sign
  • Arranging for transfer of security deposits
  • Arranging for insurance certificates if needed

Posted by: Maricopa Lawyers on Jan 20, 2017

Everyday, people trust doctors and other medical professionals with their health and well-being. When doctors fail to uphold their medical duty and put a patient’s life at risk, they may be held responsible for their medical error. Medical malpractice occurs when a patient suffers unnecessary harm or injuries due to negligence, and when this occurs,  the injured patient has rights. 

Finding Fault After a Medical Error

In medical malpractice cases you must figure out who is at fault and then get evidence to prove that person or persons are at fault. Medical malpractice can be caused by one medical professional or a number or medical professionals. Even whole hospitals or pharmaceutical companies can be held liable for a medical error.

Medical malpractice typically occurs when the medical professional is negligent toward a patient’s care. The patient must be able to show evidence of negligence by proving the following:

  • That the health care professional owed a duty to the patient
  • That the health care professional deviated from the best standard of care
  • That there is a connection between the professional’s deviation from the standard of care that caused an accident
  • That there was an injury to the patient

What to do in case of medical malpractice

If you are able to prove that a medical professional caused injury due to negligence, you may have a medical malpractice case. Negligence in medicine proves that it wasn’t just an accident. If you believe a medical professional provided inadequate care, there are a few steps you must take.  

  • First, contact the professional responsible for your medical care. Tell them the problem and you may be able to resolve the issue without legal action.
  • Know that medical malpractice claims have a statute of limitations. If you file legal action do it in a timely manner.
  • If you do end up filing a claim, know which medical records you will need for your case and where to obtain them.

Posted by: Maricopa Lawyers on Jan 10, 2017

Estate plans are time consuming, and not something most people want to deal with. But in the end, these things must be dealt with. Taking early steps to make and improve your will and estate plan will help your family out a lot when your time comes. Make a plan and improve it to make it easier on your family. This article will explain the best ways to improve your estate plan and will help you get it on the right track to being the best for your family members to use in the event of your death.

Organize your plan
Your estate plan won’t be helpful to you or your family if no one can find it. Make sure you keep the originals somewhere safe and leave instructions for your Executor and Agent to be Power of Attorney. Make sure your family members know where to find it.

Communicate with family members
Although estate plans aren’t fun to talk about, surprises when a plan is needed is never fun either. Talk to your Executor and Power of Attorney in advance. Make sure your executor is willing and ready for the job.

Supplement information
There’s never too much that can be included in your will and estate plan. Funeral instructions, last wishes and health care concerns are all things you can include in your plan.

Consider an irrevocable burial reserve and make all of your last arrangements now
The more you have planned and arrange the better. It will be one less step for your family to worry about.

Consider any electronic data
Make a plan for your electronic data. This is all of the “stuff” we have on our computers today. Things such as photos, sensitive financial information, etc. Make a plan to ensure that your electronic data is handled the way you want it to be handled.

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