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Elders Need Help Against Online/Phone Scammers

2/25/2019

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Just sent the email below to Attorney General Rosenblum. I invite anyone who wants to second the motion to send her an email at ellen.f.rosenblum@doj.state.or.us

Hon. Ellen Rosenblum
Attorney General

The transition to an all-digital world is bad for elders — very bad.
Here is just today's plea for help for an elder, the latest edition of something I’m seeing more and more. An astonishing amount more in just the last few years.


A friend of mine has come to me because her elderly aunt has been scammed. Essentially, as I understand it, someone hit her with ransom ware. Then somehow got her on the phone. They said they were ransoming her computer and could use it to drain her bank account. She ultimately was taken for 38k. She is 71 and not particularly savvy. She wants Bank of America to review the charges and reverse or refund them as fraudulent. My guess is the actual scammers are out of reach.   

As I understand it, this has been reported to the police and an initial request has been submitted to the bank and denied. She is currently considering submitting a letter to appeal that decision and request reconsideration.


Our laws are inadequate for this. If someone knocked Grandma on the head, she could get some help from the Crime Victims Compensation Fund. But because they used her computer and her phone to scam her, Crime Victims Fund won’t even talk to her. 

Global internet and phone means every criminal in the world is just as close to and just as able to scam Grandma as the criminals in her town.

We need to devise means by which elders can be protected from these scams, which are proliferating wildly (exponentially).

The cost of running these scams is in the pennies range and the rewards are often in the tens of thousands of dollars.

And the risk to the scammers is zero. Absolutely zero.

We need a huge public education campaign, funded by the banks and credit unions that make this sort of thing possible and that profit greatly by elimination of human staff and moving all account management functions into the Wild Wild West of the lawless internet.

More importantly, we need to require depositary institutions to offer special higher-protection accounts, where consumers can get the main benefits of online accounts but without having to bear all the risk of being able to transfer their nest-egg to the scammers with a mouse-click or phone-check.

These higher-protection accounts would have guardrails built into their settings so that an elder would be unable to make payments to a new payee above a nominal amount without getting the bank’s security personnel involved, so that Grandma is not able to send off her nest egg in the middle of the night to the voice on the phone.

Please work with the legislature to devise laws to help protect Oregon’s seniors from the dark side of the technological wonderland they’ve found themselves in.
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Nice attendee feedback from nonprofit training event

2/18/2019

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I got some real nice feedback from the folks who attended a nonprofit training I offered recently, where I was called on a Wednesday to fill in for a speaker who had to withdraw from giving an early morning session on that coming Saturday. 

So it was short notice, but I did get to meet a roomful of really nice nonprofit leaders from all over and give them an impromptu course on "Employment Law 101 for Nonprofits." 
I wanted to let you know that your breakout session, Employment Law 101 for Nonprofits, at our conference, got overwhelmingly positive remarks on our evaluations. . . . People commented positively on it, and we only had a few sessions that had such a high number when it came to specific remarks.

Some specific comments: 
"Employment Law 101 was excellent."
"Employment Law 101: employees should NOT also be volunteers." (in response to "Share one thing that was especially valuable to you")
"Employment law class was very good."
"The substitute class on employment 101 was especially valuable regarding classifying employees."
"The Employment Law for Nonprofits was a really valuable session -- I learned a lot!"
"John Gear's Employment Law was excellent."

We appreciate your expertise and great contribution to the success of this conference!   

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Oregon needs a Right to Repair Law - a great pro-consumer, pro-environment idea

2/14/2019

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Things break.

Wear and tear is normal, but throwing away almost-functional devices shouldn't be. Rather than sending broken items to the landfill or paying companies an arm and a leg to fix them, we think you should have the right to repair your broken devices yourself.


For the past 16 years, we've [iFixit] been helping people do just that. We provide repair manuals, parts, and tools to make it possible to fix broken items on your own terms. But product manufacturers are doing their best to make repair difficult, so that we’re forced to buy new products.

That’s why we need your help, to push for Right To Repair legislation in Oregon.

We’re asking you to tell your state legislators to pass HR2688, which require manufacturers to provide the following:
  • Information: The documentation, software, and legal ability we need to repair our own products — or choose someone we trust to do it for us.
  • Parts + Tools: Fair access to service parts and tools, including diagnostics.
This common-sense legislation is good for people and good for the planet: it reduces waste and protects consumers from big manufacturers’ greed. That’s why we’re asking you to join us to pass Right to Repair legislation in Oregon!

Call or write your legislator now

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Updated bio

2/11/2019

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I was asked for a bio and it made me realize that I didn't really have a proper bio on my site --
so here's one:

     John Gear practices as John Gear Law Office LLC. John obtained his B.S. from the University of Wisconsin in 1984, a Masters of Engineering Management from Washington State University in 1993, and his J.D. (magna cum laude) from Western Michigan University Thomas M. Cooley Law School in 2004. He enlisted in the U.S. Navy in 1978 and left the Navy as a Lieutenant in 1989, having attended the University of Wisconsin on an NROTC scholarship before serving on a submarine based in Pearl Harbor.

     After leaving the Navy and then working five years at Westinghouse Hanford Company in Richland, Washington, John became an operations management consultant, applying his expertise in high-reliability power plant operations to more prosaic enterprises and organizations such as businesses and nonprofits.

     At age 41, John accepted a full scholarship to law school. Upon graduation he was admitted to practice in Michigan and became a research attorney for the Michigan Court of Appeals and then a regulatory attorney for the Michigan Public Service Commission. He mistimed the move to Oregon and had to take the bar exam all over again in Oregon in 2007. Three years later, he found his law calling, opening his own practice as “A values-based Oregon law practice serving consumers, elders, employees, and nonprofits.”

     Since then, John founded the Oregon State Bar’s Nonprofit Organizations Law Section, served as chair of the Education Committee for the National Association of Consumer Advocates, and he has written or co-written two chapters in OSB attorney practice manuals, one on Consumer Law for Active Duty Military and Veterans and one on “Warranties” in Consumer Law in Oregon.

     John lives in Salem with his wife, the Rev. Mary Mangione Gear, and together they work to provide Simon and Lucy, two completely unspoiled cats, with the food and heated blankets they deserve.

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If you're near the Oregon State Fairgrounds about 1:30 Saturday ...

2/5/2019

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FOR IMMEDIATE RELEASE
CONTACT: Pam Prosise, Outreach Coordinator, Willamette Art Center
Phone: 503-365-3911   Email:    Outreach@WillametteArtCenter.com
Gratitude Overflows for Empty Bowls Volunteers and Sponsors

Saturday, February 9, 2019Special Presentation at 1:30, Clay-a-Thon: 1:00 – 4:00
 
This Saturday at 1:30, the potters at Willamette Art Center at the Marion County Fairgrounds will pause during their regular monthly Clay-a-Thon event to honor each other and to thank a long-term Empty Bowls sponsor.

Empty Bowls is Willamette Art Center’s annual November charity sale on the weekend before Thanksgiving, when WAC sells about 1,200 hand- thrown and painted bowls and kiln-fired works of art, all donated as a benefit for Marion-Polk Food Share, helping fill “Empty Bowls” in our community. WAC’s volunteer potters work year round at Saturday “Clay-a-Thon” events to create some 1200 bowls and other pieces sold to the public. Thanks to its talented volunteer potters, WAC has raised about $200,000 over the last 12 years for the Marion-Polk Food Share.

This month starts a series of recognition events for three long-time sponsors who underwrite Empty Bowls each year. This first event will recognize local consumer attorney John Gear of John Gear Law Office. WAC will thank Gear for his support since 2013 by presenting him with a one-of-a-kind hand-crafted chess set by WAC artists and founding members Greg and Margarethe Gregg. The Greggs, who are known for their whimsical and delicate creations, designed and created this unique set together, throwing and then hand-sculpting each of the 32 intricate pieces. Local craftsman Marc Vickery then created a beautiful inlaid wood board box that includes felted storage for the chess pieces.  

Gear says he gives to Empty Bowls because it multiplies the value of his gifts many times over because his gifts -- $9,000 since 2013 – pay for buying clay and glazes and for kiln-firing the work of gifted artists like the Greggs and Vickery. “The volunteers at WAC use their amazing talents to leverage my gifts, so they raise far more money for the Food Share than I could ever give.”

In coming months, WAC will recognize two other Empty Bowls sponsors, Salem Electric, sponsor since 2011, and The Grand Hotel, since 2012.

Empty Bowls began at WAC in 2006. In 2018, ten local potters were honored for having created or hand-painted at least 100 bowls. Many of these same volunteers have been donating their time and talents to Empty Bowls at WAC since it began. These include WAC members Jim Ransom, Jeannette Johnson, Jim Johnson, Ben Reese, Pam Baldwin, Karen Hackney, Gordy Minten, and Judy Murray, and local pro potter Cheri Posedel of Mud Pie Pottery. WAC invites skilled potters to join each monthly Clay-a-Thon event to fill the shelves for Empty Bowls, with tools, clay, wheels and glazes provided by WAC. In 2019, WAC potters creating for Empty Bowls will expand beyond bowls, creating additional functional food-safe pieces and further emphasizing bright hand-painted glazes

The next Clay-a-Thon will be Saturday, March 16 from 10:00 A.M. to 2:00 P.M.

Anyone interested in joining Salem Electric, The Grand Hotel, and John Gear Law Office as Empty Bowls sponsors should contact WAC Outreach Coordinator Pam Prosise at outreach@willametteartcenter.com or by calling  503-365-3911.
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Veterans - thinking of buying a house/condo?

2/4/2019

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Because I see clients who are at risk of or already embroiled in a foreclosure, I see a lot more of the dark and ugly side of mortgage borrowing than the average person does.

So I'm not at all convinced that our so-called "American Dream" of home ownership as an aspiration for everyone is a good idea. And I urge anyone thinking about buying property to do your homework very carefully, so that you as well informed and aware of the risks as you already are of the benefits.

That said, if you are a vet and have decided that buying rather than renting is for you, you should definitely know about the home loan option available through ODVA.


The Oregon Department of Veterans’ Affairs Home Loan Program had a banner year in 2018, with an outstanding $102,044,184 in new loan origination — a 21 percent increase over the previous year and the program’s highest total in over two decades.


Behind the numbers is the remarkable fact that 362 Oregon veterans and their families were able to achieve their dream of home ownership through the ODVA home loan program in 2018. 

“It’s a great feat, and it’s really a testament to the ODVA team and their hard work,” Home Loans Program Manager Cody Cox said. “It shows their dedication to serving veterans and their home financing needs.”

Oregon is one of only five states that still offers a veteran home loan program. This Oregon benefit is separate and distinct from the federal VA Home Loan Guaranty and has lent approximately $8 billion in low-interest home loans to more than 334,000 veterans since 1945.

“The Oregon Department of Veterans’ Affairs was originally created by the Legislature in 1945 to administer the home loan program, so it is an important part of our agency’s history and identity,” said ODVA director Kelly Fitzpatrick. “We are immensely proud of the work of Home Loans Program Manager Cody Cox and his team, and their service to our veterans.”
Today, Oregon’s veteran home loan portfolio contains just shy of 2,000 units and is valued in excess of $370 million.

Currently, ODVA's home loan program offers eligible veterans fixed-rate financing for:

  • Owner-occupied, single family residence
  • Loans up to the limit set by the Federal Housing Finance Agency
  • Purchase only (no refinancing is available)
  • Up to four (4) home loan maximum life benefit
For more information about the Oregon Veteran Home Loan Program, visit www.orvethomeloans.com or call toll-free (888)673-8387.

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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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