John Gear Law Office & Salem Consumer Law    503-569-7777
  • Welcome
  • Services Offered
  • Finding My Office
  • Law for Real People blog
  • Useful links

The phishing scammers are getting more dangerous

9/13/2012

0 Comments

 
Picture
See that photo? 

It came in a pretty convincing email that's actually a phishing attempt (a scheme to lure you into giving yourself the virus/malware that is then used to take control of your computer). 

Here's the link that actually grabs you if you believe in the message shown in that photo (red for WARNING, do not operate):  http://www.kobonet.net/AQTOZENUWN.htm

    If you go to the website to "Print a shipping Label" (poor capitalization -- one of the telltale signs of a phishing attack) as directed, it opens a zip file that will install who-knows-what stew of malware onto your computer.

    In other words, this message has nothing to do with FedEx, but an incautious person who happens to deal with FedEx a lot might well click the link and try to print the label in order to find the supposedly bad shipment. 

    You need to be on guard, particularly if you are a PC user (since most malware attacks target PCs)  Don't fall for phishing.  Note that there was no phone or mailing address anywhere in the email -- another telltale (although the presence of a phone number isn't a guarantee of authenticity either -- a big phishing operation might even provide a phone number and put a dummy voice mail response on it so that you call, get the recorded message, and think you just hit the company at a bad time . . . and so, comforted by the  

0 Comments

Could be some very costly savings here for nonprofit board members trying to save a little money

9/13/2012

0 Comments

 
Picture
One of the main reasons I organized and spearheaded creation of the Nonprofit Organizations Law Section within the state bar is that attorneys helping nonprofits are kind of the poor stepchildren of the business law world, and often don't have many people they can turn to for guidance that they can use to help their clients. 

A good example came across my email today, when an attorney asked the NOLS member-attorneys the following question:

    Listmates:  A small local nonprofit, not itself incorporated, has operated under an umbrella entity which was incorporated and has 501c3 status.  The umbrella org. has since stopped functioning, and has by abandonment more or less allowed the smaller agency to continue to operate under the name and structure.  All very informal.
    As far as I know, there has been no wrongdoing by the umbrella, and it disbanded a few years ago (without dissolving the corp).  I am sure the umbrella, if the board had still existed, would be supportive of the smaller entity.  Is there any reason why they should not simply amend their name and bylaws to correspond to what they are doing now, rather than separately incorporating the smaller entity and applying for 501c3 status?  Of course, we would submit the changes to the IRS.  Is there anything else they must do?

My reply was this:

I guess what comes to mind for me is that there is the potential for a hidden booby trap in the past.  If the old parent organization de facto dissolved, and there was some issue you and the surviving entity don't know about, it's possible you learn of it when the surviving entity assumes the parent's name and resumes operations.  Assume parent EIN, assume parent liabilities, in short.  Maybe there are none.  Maybe there are some.  Do your board members feel lucky?

If I were advising the surviving organization, I would suggest that they call one of the D&O policy issuers and explain the situation; if the D&O issuer is willing to insure them and assume the risk of defending against any claims that pop up once it seems like there's life in the old entity after all, then maybe it's worth the savings.

But, if I were advising anyone, I'd have someone call the last directors for the parent organization to remind them that, as long as the organization is in existence, it can be named in a suit, and that they ought to shut down formally if they don't plan to exist.

And, for the survivor, if all they save by assuming the old entity's identity is the cost of the 501(c)(3) filing, is it worth it?  Having to fill out the 1023 form often forces boards to do some of the things they need to do to function properly anyway.  Could be some very costly savings if there was some hidden liability trap in the old entity you didn't know anything about.


(Note that I'm not sharing this exchange to suggest that I'm "The Answer Man" --    I'm asking the questions as often as giving my two cents.  But that's why I wanted to see the section come together in the first place: so my nonprofit clients could get the benefit of more experience and depth on their unique problems. 

If you are now or are thinking about serving on a nonprofit board and you and your board want some help understanding your roles and how to keep things running right, I hope you'll call on me, as I'm always happy to help.)

0 Comments

Consumer Tip:  Don't pay for the funeral home's logo on an obit

9/7/2012

0 Comments

 
Picture
From the Funeral Consumer Alliance newsletter:

Do you want to pay for a funeral home's advertising? The FCA of the Virginia Blue Ridge has this advice—

Have you noticed that obituaries often display funeral home logos at the end of the notice? One of our board members recently contacted The Roanoke Times to ask who pays for this advertising. This is Times’ response.“The funeral home logo that appears at the bottom of some obituaries is factored into the charge for the obituary. Inclusion of the funeral home logo is optional.”


Be aware of this practice! You do not need to pay for the space that such a logo occupies if you do not want to.  Advertising is not a charge that is listed on any funeral home’s General Price List, but it has been suggested by the Funeral Directors Association as a way of enhancing revenue. 

0 Comments

A behind-the-scenes peek at an industry chock full o'scammers

9/6/2012

0 Comments

 
Picture
So, this is interesting.  Because I've posted warnings for consumers (such as here) about the perils of entrusting your household goods to one of the many scammers who infest the interstate moving game, some sloppy online marketing company apparently thinks I'm a moving company (see screenshot of email, click on it to enlarge it). 

That email may not seem like much, but it's really quite revealing:  it shows that, when you do a typical Google search for long-distance moving companies, the sites you are most likely get from your search are precisely those sites where the scammers buy their leads (that would be you).  They buy leads from these facade websites, and when you call them, you don't realize that you're already halfway to being scammed.

The only surefire way I know of to avoid these moving scammers is to NOT find your mover via an internet search; I'm afraid it's just asking to be ripped off.

Remember:  The interstate moving game is entirely unregulated Somalia hiding in plain view in the middle of America.  Every year, thousands of Americans are victimized, and they shake their heads and wonder how it's possible that there are organized crime gangs operating in interstate commerce in America and the feds do nothing.  Long story short, we're getting another taste of the bitter harvest from the deregulation mania, the delusion that if streamlined, smart regulation is good, no regulation at all must be even better.  When the Gingrich Congress killed the Interstate Commerce Commission, they killed the only agency with a mandate to prevent the interstate moving scams; in theory the FBI should be on the case, but they're too busy infiltrating peaceful demonstrations. 


Bottom line:  You have no reliable protection from any government against these scammers.  You're on your own, so the only smart thing to do is avoid them in the first place.  Ask anyone who's been ripped off by the moving scammers; they'll tell you that it's much better to pay more up front to a reputable mover than to pay the same or even more to the scammer who may or may not eventually decide to give you your goods back after a anguishing months- or even years-long battle.

0 Comments

    RSS Feed

    Author

    John Gear Law Office -
    Since 2010, a values-based Oregon law practice serving Oregon consumers, elders, employees, and nonprofits.

    Categories

    All
    Advertising
    All
    Arbitration
    Autofraud
    Bankruptcy
    Borrowing
    Class Actions
    Consumer Law
    Consumer Protection
    Consumer Protection Class Actions
    Credit
    Credit Reports
    Debt
    Debt Collection
    Elder Abuse
    Elders
    Employment
    End Of Life
    Fairness
    Fdcpa
    Foreclosures
    Fundraising
    Funeral
    Games Car Dealers Play
    Garnishments
    Great Stuff
    Health Care/Insurance
    Identity Theft
    I (heart) Liz Warren
    Insurance
    Lawyer Referral Service
    Legal Resources
    Lemon Law
    Life Planning
    Long-term Care Facilities
    Media
    Military
    Military Assistance Panel
    Modifications
    Mortgages
    N.A.O.
    Nonprofits
    Oregonadminrules
    OregonLaws.org
    Plain English
    Preparing For Departure
    Privacy
    Pro Bono
    Regulation
    Resources
    Right To Repair
    Safety
    Scam
    Scams
    Strategic Planning
    Student Loans
    Tort Reform
    Training
    Used Cars
    Veterans
    Wage Garnishment
    Wage Theft
    Warnings
    Warranties
    Watchdogs
    Workplace

    Archives

    November 2022
    October 2022
    September 2022
    August 2022
    July 2022
    June 2022
    May 2022
    April 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    August 2021
    July 2021
    June 2021
    April 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    April 2020
    March 2020
    February 2020
    December 2019
    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    May 2018
    April 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017
    May 2017
    April 2017
    March 2017
    February 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    December 2014
    November 2014
    October 2014
    September 2014
    August 2014
    July 2014
    June 2014
    May 2014
    April 2014
    March 2014
    February 2014
    January 2014
    December 2013
    November 2013
    October 2013
    September 2013
    August 2013
    July 2013
    June 2013
    May 2013
    April 2013
    March 2013
    February 2013
    January 2013
    December 2012
    November 2012
    October 2012
    September 2012
    August 2012
    July 2012
    June 2012
    May 2012
    April 2012
    March 2012
    February 2012
    January 2012
    December 2011
    November 2011
    October 2011
    September 2011
    August 2011
    July 2011
    June 2011
    May 2011
    April 2011
    March 2011
    February 2011
    January 2011

    RSS Feed

Picture

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.

Photos used under Creative Commons from Tony Webster, brand0con, eirikso, Fibonacci Blue, Jirka Matousek, Rd. Vortex, rcbrazier - Brazier Creative, cogdogblog, marfis75, marcoverch, GWP Photography, byzantiumbooks, Mic V., notacrime, emrank, Family Art Studio, dotpolka, respres, Mark Cummins, a little tune, Insulinde, Bill Wards Brickpile, Roger Chang, AnthonyMendezVO, jonrawlinson, Andres Rueda, Franco Folini, inman news, Pictures by Ann, ph-stop, crabchick, Jilligan86, Elvert Barnes, p.Gordon, CarbonNYC, Digital Sextant, darkpatator, Neil T, rictic, Mr. Mystery, SeanC90, richardmasoner, www.metaphoricalplatypus.com, lindsayloveshermac, Santacreu, =Nahemoth=, ReinventedWheel, LadyDragonflyCC - On Vacation, See you all soon!, Mr. T in DC, Nisha A, markcbrennan, Celestine Chua, Furryscaly, smkybear, CarbonNYC, radioedit, Don Hankins, Henrik Hovhannisyan, CoreBurn, Mike Licht, NotionsCapital.com, David Masters, SeeMidTN.com (aka Brent), SoulRider.222, amboo who?, robwest, Rob Ellis', floeschie, Key Foster, TechCocktail, That Other Paper, marcoverch, oskay, Muffet, rodaniel, Alan Cleaver, Mike Licht, NotionsCapital.com, Horia Varlan, xJasonRogersx, billaday, BasicGov, One Way Stock, mikebaird, Nevado, shalf