Is your car part of the airbag recall?

gravestoneIt would be good to know if your car is one of the 34 million with potentially defective airbags than can explode and kill you in an accident. You may need a little patience to find out.

The government Web site that can allow you to look up recalls by your car’s vehicle identification number (VIN) seems to be overwhelmed at the moment. You also can call the hotline at 888-327-4236 and request a callback (I’m still waiting). Even if your car isn’t currently listed, you still have to check back regularly to see if it gets added.

If your car is affected, there won’t be a charge for the fix. You can contact any dealer of your vehicle to schedule the repair, according to the Consumer Federation of America. You also can ask your dealer or the manufacturer for a loaner car if there will be an extended wait.

After a decade of denial, Japanese airbag manufacturer finally admitted its airbags were defected and widened a recall to 34 million vehicles. You don’t want to ignore this serious issue–the sooner you contact a dealer, the sooner you can get on the list for a repair, said Jack Gillis, CFA’s automotive expert and author of The Car Book, published with the Center for Auto Safety.

 

Zombie debt and the Supreme Court

This may be a first: I’ve been cited to the Supreme Court.

Specifically, a column I wrote back in 2006 about “zombie debt” was cited in a brief filed by AARP, the Consumer Federation of America, the National Association of Consumer Advocates and other good folks for a case known as Marx v. General Revenue Corp. The case is about whether someone who lost a lawsuit against a collector can be forced to pay damages if the lawsuit wasn’t filed “in bad faith and for purposes of harrassment.”

Olivea Marx sued debt collector General Revenue Corporation after it contacted her employer to find out about her employment status. Marx believed that General Revenue’s action violated the Fair Debt Collection Practices Act. She lost, and the U.S. Court of Appeals for the 10th Circuit ruled she had to pay more than $4,500 to cover the collector’s legal costs.

The Federal Trade Commission, the Department of Justice and the Consumer Financial Protection Bureau also have weighed in against the decision, saying it was inconsistent with the FDCPA, which says people who lose cases against collectors must pay defendants’ litigation costs only if the consumers sued in bad faith or for purposes of harassment.

Collectors complain about frivolous lawsuits. Consumer advocates counter that more lawsuits would be filed if people truly understood their rights. The AARP/CFA brief notes that there isn’t much regulatory enforcement of fair debt collection practices laws, which leaves private action in the form of lawsuits brought by consumers. Debt collection already tops the list of industries that draw FTC consumer complaints; imagine how much bolder collectors might be if they could win damages against anyone who sued them and lost.