There Are So Many Laws Now, Nobody Has Time To Read The Laws

In a few thousand years we’ve gone from the Ten Commandments to thousands of felonies. There are so many laws, nobody is sure what the law  is. It has been claimed that the average person commits three felonies per day.

For example, the Pennsylvania Department of Welfare (DPW) recently lost a case in the Third Circuit, and the other week the United States Supreme Court refused to hear the appeal. Upon reading the law, the Third Circuit Court struck down DPW regulations, because there was no legal authority for DPW’s interpretation of laws. 

Pennsylvania DPW is not alone in misinterpreting or failing to read the law. One of my colleagues in Elder law told a similar story about the Dept. of Welfare in his state. They also erroneously interpreted their state law. He took them to court, and won. However, he expended so much time in the case, he lost a lot of money, because his bills still came due while he was fighting the case. But the next time a client visited him with the same problem, he didn’t have to go to court. He simply mailed a letter about the previous case he won, and they ruled in his favor. The third time he only needed to  make a telephone call, and he won. Each time he handled a case like this, h earned a few thousand dollars. He ultimately recovered his costs from the first case, helped many seniors, and enhanced his reputation. Once word spread, the Dept. of Public Welfare in his state ultimately changed their official policy. 

The Taxpayer Registration System instituted by the I.R.S. was recently struck down by courts after a court read the law. The court stated that  IRS’s licensing requirements for tax preparers including testing and continuing education, was not authorized by the law.

I once received a Philadelphia parking ticket. It was for exceeding the time limitations in a residential street, allowing only two hours parking for non residents. I left before two hours were up, to run an errand in another part of town. But I had to return again, to pick up something I left behind. As luck would have it, I found an open space in a different place, but on the same block where I parked during my first visit. I got a ticket. After investigation, I was told the Parking Authority’s policy is that you cannot park anywhere on same block  if the combined parking time exceeds two hours per day. I could not find this rule anywhere in the law so I appealed. I lost on the first round and won the second. The ticket was only y $26. so most people never bother to read the law. 

I am litigating a case right now where four people referred to a law that says an insurance company cannot speak to the policy holder if the insured  hired a public adjuster. Apparently this applies, even if the insured only wants to tell them he fired the adjuster! I’ve asked everyone where this law is, including the insurance company, the Pa. Dept. of Insurance, the public adjuster and opposing counsel. Nobody has an answer. If anyone can tell me where the law is, I would appreciate it.

The featured photo deals with a Towing Sign that warns of a $40. per day storage charge. Well, according to state law (Title 75 Section, Section 3353 (c)) the daily storage fee cannot exceed $25. per day unless the local municipality authorizes a higher fee - which has not happened in our township).

So, if anyone tells you that things have to be done a certain way because it’s the law, don’t believe them right away. Ask them to cite the law for you. Be diplomatic of course. Don’t argue with police on the street, and don’t pick fights with judges in court, but insist on the details if you want to conserve your  hard earned money.

Stay well until the next post,

Bob Gasparro

Bob Gasparro is an Elder Practitioner (accountant and attorney). He can be reached at Robert.Gasparro@lifespanlegal.com or (484) 297-2050. Comments to this post, and ideas for future posts are welcome.