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Where to Invade Next - Legal Edition

2/28/2016

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There's a good movie out now where writer/director Michael Moore (of "Roger & Me" fame) actually managed to create and present a not-boring policy documentary if you can imagine such a thing. The premise of the movie is that, since WWII, the United States has tried and mainly failed to solve problems militarily; meanwhile, other countries have seized on the good ideas first created in the United States, and Moore is going to "invade" (with camera crew) those countries and bring those ideas back. It's a fun movie and even moving in parts.

Today, putting together an office desk chair (made in China, of course) I happened to notice how much better the Aussies have it than we do in terms of consumer product warranties (a special interest of mine). Here's the warranty page from the chair:


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The "Australian Consumer Law" is the first thing we should go get for consumers in this country. Somehow, businesses down under are able to stay in business, despite being forced to stand behind the quality of the products they sell. Their legal system is derived from the British common law, just as ours is. Ergo, if they can do it, so can we!

So Australian Warranty Law is the first thing we need to seize for the betterment of America in "Where to Invade Next - Legal Edition."
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Forced arbitration covers up abuse and neglect in nursing homes

2/21/2016

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Paul Bland, executive director of Public Justice, flags a new article by two NY Times reporters who have latched onto the story of the century: how corporations are using arbitration clauses to make crime pay.
Jessica Silver-Greenberg and Michael Corkery have done it again, with a horrific example of how nursing homes can neglect patients and then cover up their misdeeds with forced arbitration.  Absolutely intense illustration of the intensity of the damage these fine print contracts cause.  If millions of people read this story, it will be enormously helpful.

http://nyti.ms/20NhGeE

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Is this the most deceptive direct-mail piece aimed at elders in history?

2/17/2016

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If it's not, I sure would hate to see the one that is even more deceptive.

If you have a candidate that you think tops this, please send it to me.

There's a special place in hell for businesses that target seniors this way.
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Petition the White House to Make the New Overtime Rules Happen!

2/16/2016

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 -- Important!  Click Link here
Don’t Let Congress Run Out the Clock on 13.5 Million Workers

This summer, the Department of Labor (DOL) is expected to implement a new overtime rule, which would raise the overtime salary threshold from $23,660 to $50,440, strengthening the right of 13.5 million additional workers to receive overtime pay and the right to earn a fair living.


Unfortunately, our opponents in Congress are eager to steal this victory from workers by running out the clock on one of President Obama’s signature economic achievements. The Congressional Review Act dictates that all “major” rules are delayed for 60 legislative days after they are submitted to Congress and are subject to a “fast track” process for repeal. That process has to end before President Obama leaves office to guarantee a veto of any Congressional resolution of disapproval.
If the DOL does not act soon, Congress will reverse this critical protection for millions of workers.
Please sign the petition today calling on President Obama and the Department of Labor to move quickly on implementing the new overtime rule that will increase workers’ wages and rebuild our middle-class.

To: President Obama
Tell the Department of Labor to move quickly on implementing the new overtime rule – raising the overtime salary threshold from $23,660 to $50,440 – or opponents in Congress will run out the clock and steal this victory from millions of workers.

Your signature will be sent directly to the White House, urging President Obama and the Department of Labor to act immediately on overtime reform. If we reach 100,000 petition signatures, the White House will respond with a public statement.
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Don't fall for the "Double Tap" - new scam targeting elders

2/10/2016

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Among military forces, there is a strategy called "Double Tap" -- you hit the enemy with a short burst of fire or a small bomb, and then sit back and wait until rescue forces arrive at the site of the first attack, which is when you really unload on them.

Well scammers have figured out a similar way to prey on elders who have been ripped off once -- offering phony "rescue" services -- they figure out when a consumer has been ripped off (maybe they work with the person who ripped off the consumer) and then they move in, offering to help you recover from the first rip-off. But the second one is even worse!

Below is a bulletin from the Consumer Financial Protection Bureau, the most useful federal agency going, and one targeted for destruction by a number of people in Congress (for, you guessed it, being the most useful federal agency, standing up for real people in America, and making a number of banks and other shady businesses unhappy).

If you think you have been ripped off and ESPECIALLY if someone tries to approach you about recovering from scams, consult a real, licensed consumer attorney.

You can find attorneys who ONLY represent consumers and who NEVER represent businesses against a consumer by searching the website for the National Association of Consumer Advocates.

Older Consumers Targeted By Fraudsters Not Once, But Twice!
By Stacy Canan and Cora Hume

After reviewing complaints submitted by consumers, we have discovered a financial scam targeting older consumers who had previously been victims of fraudulent money-making schemes, such as bogus timeshare investments and in-home business opportunities. So-called asset recovery companies are contacting these past victims, promising to get refunds for a substantial fee, failing to deliver promised services, and leaving consumers financially worse off than before.

What does this scam look like?

The asset recovery company contacts the defrauded older consumer claiming that they can get their money back for an upfront fee of several hundred to thousands of dollars. The company often claims it has unique expertise to help victims of fraud recover their funds. Once the older consumer pays the upfront fee, the company fails to perform any service that the consumer could not have done themselves.

For example, if the consumer used a credit card to pay the original scammer, the asset recovery company usually will do nothing beyond disputing the charge with the credit card company, which the consumer can do themselves, for free. They often submit a complaint to an agency that does not charge anything to process a complaint – like us, the Consumer Financial Protection Bureau (CFPB). Moreover, they often do not even adequately follow through with the worthless services they offer; filing claims that are too old to be legally valid or without proper documentation to support the consumer’s claims.

Don’t Be Scammed Twice!

Ways to Protect Yourself.
Here are some warning signs that can help you avoid becoming a victim of an asset recovery scam:

  • Upfront fees to recover money -- Don’t pay for any part of a service that has not been performed. You have the right to refuse service and verify the legitimacy of any organization.
  • Claims of insider information and connections –-- Submitting complaints to federal agencies, such as the CFPB or the Federal Trade Commission, or state attorneys general offices are free to the public and easy to use. Private companies do not have special access to these free consumer complaint resources.
  • Requests for secrecy -- Never allow anyone to discourage you from seeking information, support, and advice from family members, friends, or trusted advisors before making a financial transaction.
How do I get help?

Alert your bank or credit card company immediately if you believe you have been a victim of fraud. Be sure to ask the bank to prohibit future withdrawals, debits or credit card payments made by or to the scammer. If your bank account information, debit card or credit card number was used without your permission, ask the bank to restore the funds taken from your account. If asset recovery services you paid for with your credit card aren’t provided as promised, you might be able to dispute the charges.

If scammed, report it promptly to your local law enforcement office, and submit a complaint to the Federal Trade Commission at ftccomplaintassistant.gov.

If you have an issue with a financial product or service, you can submit a complaint to us at consumerfinance.gov/complaint.

Here is more about NACA attorneys
For Consumers
What Resources Do We Offer?

The National Association of Consumer Advocates (NACA) is a nationwide membership organization of more than 1500 attorneys who represent hundreds of thousands of consumers victimized by fraudulent, abusive, and predatory business practices. NACA members are committed to advancing the cause of just treatment for and ethical representation of consumers.

As an organization devoted to consumer justice, we are committed to educating consumers like you about their rights and helping them achieve justice for themselves and for their communities. Look around our website to learn about some of your basic rights, to find some help, and to join with us in our effort to build a fair and just consumer marketplace.

Know Your Rights

Don’t be taken advantage of by lenders, dealers, debt collectors, or other small and large businesses. Know your rights so that you are treated fairly and so that you can join us in building a fair and just consumer marketplace. Use the navigational menu to the right to discover what your rights are in certain situations.

Find An Attorney

NACA member attorneys are committed to advancing the cause of just treatment for and ethical representation of consumers and will not, so long as they are a NACA member, perform services for any business or commercial client on a matter where that client’s interests are adverse to the interests of consumers. 

Share Your Story

We realize that your experience has likely been very difficult and you may not want to retell your story, but by sharing your story you will be helping us drive national and local debates as well as discussions with policymakers. You have the ability to potentially make a difference so that other consumers don't have to endure what you've gone through.

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The actually awesome "Notorious RBG" warns about forced arbitration

2/2/2016

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What a surprise -- one of the only Supreme Court justices to have ever represented real people instead of just corporations actually understands what the radical gutting of the Constitution and your 7th Amendment right to a jury trial is doing to America.
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    John Gear Law Office -
    Since 2010, a values-based Oregon law practice serving Oregon consumers, elders, employees, and nonprofits.

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LAWYERLY FINE PRINT:

John Gear Law Office LLC and Salem Consumer Law.  John Gear Law Office is in Suite 208B of the Security Building in downtown Salem at 161 High St. SE, across from the Elsinore Theater, a half-block south of Marion County Courthouse, just south of State Street. There is abundant, free 3-hour on-street parking throughout downtown Salem, and three multi-story parking ramps that offer free customer parking in downtown Salem too.

Our attorneys are only licensed to practice law in Oregon. This site may be considered advertising under Oregon State Bar rules. There is no legal advice on this site so you should not interpret anything you read here as intended for your particular situation. Besides, we are not representing you and we are not your attorneys unless you have hired us by entering into a representation agreement with me. While we do want you to consider us when you seek an attorney, you should not hire any attorney based on brochures, websites, advertising, or other promotional materials.  All original content on this site is Copyright John Gear, 2010-2022.

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