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How to Check Out a Hospice to Avoid Getting Ripped Off

12/8/2022

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https://www.propublica.org/article/how-to-research-your-hospice-and-avoid-hospice-fraud

Since 1995, the Department of Health and Human Services’ Office of the Inspector General has published warnings and reports outlining the misuse of the hospice benefit. Last year, it listed hospice fraud as the government’s top area for criminal recoveries, after the pharmaceutical and home health sectors. “It’s an open secret that hospice is one of the poster children for fraud and abuse in Medicare,” said David Grabowski, a health policy professor at Harvard who serves on MedPac, the federal advisory panel on Medicare spending.

Some hospices boost profits by signing people up regardless of whether they are dying. Marketers present the program as free home health care or steal personal information to enroll “phantom patients.” Others target assisted living facilities and nursing home residents whose life expectancy exceeds six months.

This guide can help you research your hospice provider and spot common signs of hospice fraud. It is adapted from the Senior Medicare Patrol National Resource Center, a grantee of the Administration for Community Living at HHS, that assists Medicare beneficiaries, families and their caregivers to prevent, detect and report health care fraud, errors and abuse.

Click Read the rest to see the whole thing
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Do You Pay Premiums for Prescription Coverage on Medicare (Part D)?

10/24/2022

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There is an alert sent to elder law attorneys that you might want to review if you are low income and are paying premiums for your Medicare Part D (Prescription) coverage:

Excerpts from the alert (available for download below):

"You May be Overpaying for Part D Prescription Drug Coverage"

"Every year hundreds of thousands of Medicare enrollees with the Low-Income Subsidy (LIS or “Extra" "Help”) overpay for Medicare prescription drug coverage. In 2021, for example, thirteen percent (800,000) of" "LIS enrollees were expected to pay an average of $27/month for Part D premiums in plan year 2022 if they did not switch to a premium free plan.

In many cases, the reason these individuals are paying premiums is inertia.

People who qualify for the full Medicare Part D LIS do not pay premiums if they enroll in plans with “benchmark” prescription drug premiums.

Benchmark plans have premiums at or below a cut-off in each region, which is set yearly by the Centers for Medicare and Medicaid Services (CMS).

LIS recipients who  are enrolled in a Prescription Drug Plan (PDP) or Medicare Advantage plan with Part D premiums above the CMS cut-off must pay the difference between the benchmark premium and the premium charged by the plan.

Sometimes, PDPs lose benchmark status.

For LIS recipients who were auto-enrolled in a benchmark plan by CMS, CMS will also automatically move them to a different plan when their current PDP loses benchmark status the following year.

However, LIS recipients who pick a plan at any point in their Medicare eligibility (called “choosers”) are not moved automatically if their plan’s costs are above the benchmark in any subsequent year. If these LIS recipients do not affirmatively choose a new benchmark plan, they will have to pay the difference between the benchmark premium and the premium charged by their current PDP.
                                        
    "Choosers receive a notice in early November on tan paper (the “tan notice”) informing them of their new premium and offering them a list of plans available with no premium liability. The tan notice goes to any chooser who will pay a premium for the first time or whose premium will go up. Choosers do not receive the tan notice if they already are paying a premium and that premium stays the same or goes down.

"•"        ARE YOU PAYING A PREMIUM?  If you are not sure, review your options with a State Health Insurance Assistance Program (SHIP) counselor.

You can also get help through 1-800-Medicare or on the Medicare.gov website.

The best time to review coverage options is during the Open Enrollment Period from October 15 through December 7.

overpaying-for-part-d-medicare-practice-tip.pdf
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File Type: pdf
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NPR on Auto Stealerships

8/30/2022

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Revealing National Public Radio piece on how many auto dealers operate.

https://www.npr.org/sections/money/2022/08/30/1119715886/inside-the-rise-of-stealerships-and-the-shady-economics-of-car-buying
Recently, my truck was stolen, forcing me to get some new wheels. And, for the first time in my life, I've been looking to buy a new car. The process has involved hours of searching. Painful haggling. And encounters with many dealerships that, quite frankly, have been downright duplicitous. The whole thing has been kind of a nightmare.

Cars are, of course, expensive, especially with the supply chain fiasco creating shortages. But it's more than that. Shopping for cars is not like shopping for most other products. Unlike, say, computers or refrigerators, cars are typically not sold for one standard price. Ten people could go into a dealership and each pay a wildly different amount to buy the same exact vehicle.

Economists call this sort of pricing strategy "price discrimination." That's when, instead of charging everyone the same price, sellers charge people different prices based on their willingness to pay. In simpler terms, it means that the seller milks as much money as they can out of you. Not all dealerships engage in this pricing strategy, but many do it aggressively, often with snake oil-style salesmanship, deceptive marketing tactics, hidden fees, and overpriced add-ons, like floor mats, alarm systems, or anti-rust undercoating. Some consumers call the outfits that employ these tactics "stealerships." . . .

See the rest here.


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VERY shady conduct by Experian with its "BOOST" product as the bait

7/27/2022

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A fellow consumer lawyer does a great job exploding how Experian is setting traps for consumers to trick you out of your rights. 

The whole thing is really worth your time to read:

https://goldsonlawoffice.com/consumer-protection/how-experian-tricks-people-into-signing-away-their-rights/

If you are having trouble sleeping one night but don’t mind a possible nightmare of being crushed by a multi-billion dollar corporation, you can read Experian’s Terms of Use Agreement here:
 https://www.experian.com/help/terms-and-conditions.html

So to reiterate – if you have a problem with Experian, you would have to air your grievances in arbitration, not any court. If you are not familiar with arbitration, you can think of it as a fake court that has been found to be very unfair in favor of businesses (who pay them). If you’re interested, you can learn more about how unfair forced arbitration is here https://www.consumeradvocates.org/for-consumers/arbitration/ or here
https://www.citizen.org/article/mandatory-arbitration-clauses-are-discriminatory-and-unfair/

This should beg the questions: Why is Experian so worried about you suing them in court? Why are they so worried about class actions? And wait… are they luring you to click through this “agreement” with the promise of a higher credit score? Yes, they are. In exchange for a higher credit score, you have to promise to never sue them in court.

And if you’re wondering whether Experian ever goes so far as to enforce their forced arbitration clauses; yes, they do . . .
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Tell the FTC About Your Car-Buying Experiences By Labor Day 2022!

7/18/2022

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After a decade of research, the Federal Trade Commission has issued draft rules to combat the plague of auto-dealer misconduct throughout the sales process.  You can help make sure the FTC adopts the strongest possible version of the rules by telling the FTC about your car-buying experiences. The car dealers lobby will be pushing back against pro-consumer rules, so we need everyone who has been subjected to abuse from a car dealer to build the strongest possible case about why the strongest possible rules are so vital.

So, please, if you have ever had a bad experience buying a car, turn that bad experience into good by telling the FTC what happened to you.  

Your story can help the FTC write the strongest regulations. 

Stick up for consumers by sharing your experiences at
 
this link. 


And if you are a consumer advocate, urge the FTC to issue stronger car buyer protections on regulations.gov.  

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Very Good Article on the truth about "Certified Used Cars"

6/14/2022

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Consumers' Checkbook, a consumer-oriented site, has a very good article on "certified" used cars -- if you are considering one, you will want to read the whole article carefully before you go shopping. Short excerpt below ...

https://www.checkbook.org/puget-sound-area/used-car-certifications-often-not-meaningful/


Used-Car Certifications Often Not Meaningful
by Anthony Giorgianni
Last updated May 2022

Dealers promise rigorously inspected rides and peace-of-mind warranties, but we found some consumers get rebuilt wrecks and even a former crash-test vehicle.

Most used-car shoppers find the process a stressful ordeal filled with possible perils. They worry they’ll end up with an unreliable vehicle, and they don’t feel comfortable dealing with car salespeople: A 2022 Gallup poll found them to be the second-most-hated profession in the U.S.; only lobbyists fared worse. Worst of all, supply-chain problems for new-car factories have created a surge in demand for used ones—during the first quarter of 2022, average prices for secondhand rides were up 35 percent compared to the previous 12 months. Competition is so stiff that many used cars are purchased sight unseen by desperate buyers.

To reassure used-car buyers worried about getting stuck with a lemon, manufacturers in the 1990s began offering “certified” used cars. They’re marketed as the crème de la crème of the secondhand auto world and even come with manufacturer-backed warranties.


But our research uncovered that certified labels don’t guarantee vehicles won’t have serious hidden mechanical or structural problems. We were astonished by some of the flaws we discovered, many that should have been noticed during promised inspections. We also found certified cars that were totaled wrecks that were rebuilt and resold, and even an SUV previously owned by the government and used in crash tests.


Because manufacturers count on their dealers to conduct the promised inspections needed to certify vehicles, certification labels are only as reliable as the diligence of the dealerships and their mechanics in doing the screening tasks and fixing any problems they find. And our research indicates they’re not always diligent. . . .


(Read the whole thing at https://www.checkbook.org/puget-sound-area/used-car-certifications-often-not-meaningful/)

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Watch the Griftocurrency Plunder Tally Climb

6/14/2022

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The current meltdown in "cryptocurrency" (more aptly named griftocurrency) demonstrates that ordinary consumers have no business messing with it.

Here's a great website that keeps track of the KNOWN loot scammed from people via griftocurrency plays
https://web3isgoinggreat.com/

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Oregon should follow suit promptly! Bring Right to Repair to Oregon

6/5/2022

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Today, the New York State legislature passed an electronics Right to Repair bill: As of mid 2023, manufacturers who sell “digital electronic products” in New York will have to make parts, tools, information, and software available to consumers and independent repair shops. We still await a final signing by the governor, but advocates don’t expect a challenge. . . .

For independent repair shops, this news is huge: Independent shops will finally be able to compete with manufacturers, resisting the repair market consolidation manufacturers have created by restricting access to parts and tools. In a recent California survey, 59% of independent repair shops said they might have to close their doors without the passage of Right to Repair. 

For the rest of us, the passage of this bill means that repairs should become less expensive and more comprehensive: People who want to fix their own stuff can. And your repair experience should improve even if you’re intimidated by the thought of cracking open your laptop or phone (Don’t be! You’ve got this! We can help!). Where before, manufacturers could push consumers to use manufacturer-authorized shops, now they’ll have to compete. Independent repair shops are often able to do repairs the manufacturer told a customer were impossible. Every day, microsolderers like Jessa Jones’s crack team of former stay-at-home moms breathe life back into devices authorized repair shops had written off as dead.   
Gay Gordon-Byrne, Executive Director of the Repair Association, said, “Every consumer in New York is going to benefit from this landmark legislation. We’ll all be able to fix the stuff we like,  stop being forced to buy new things we don’t want, and make it possible for the secondary market to provide high quality options for reuse.”
This bill covers most products containing electronics, but has some notable carve outs. It does not include motor vehicles (these are already handled by a national Right to Repair agreement between the automakers and the aftermarket), home appliances, medical devices, public safety communications equipment like police radios, agricultural equipment, and off-road equipment. We expect to see future legislation address these sectors.

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Outstanding Idea: Stop Auto Dealers From Using Yo-Yo Sales Scams

4/29/2022

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Friend of John Gear Law Office and outstanding consumer attorney Young Walgenkim, along with a stellar cast of other consumer protection experts, has filed a petition with the FTC to stop one of the worst abuses in the entire US market system, the yo-yo sales scam that auto dealers use.

The yo-yo sale is so bad it reminds you of the old saying that "If you think the illegal stuff is bad, take a look at what's legal."

Basically, a yo-yo sale is where you are stuck with the bargain you made but the dealer gets to revoke it … in other words, they get you psychically invested into and committed to the car you bought and often into sinking money into the car, and then they pull it back (the yo-yo) and demand that you, the consumer accept a worse deal or give the car back. And, believe it or not, today, that's legal.

It’s absolutely a shocking and abusive predatory practice that ought to be outlawed in auto sales just like all other forms of consumer contracts. If the deal isn't binding on them, it shouldn't be binding on you.

Read the rulemaking petition below and then contact your congressional rep and your Senators and tell them you agree:

If an auto dealer isn't bound by the contract, the consumer shouldn't be either. 
If a deal's a deal, then it should be binding on both sides or neither side. End Yo-Yo Auto Sales!

2022-04-29_request_for_rulemaking_yo-yo_grppetition_yo-yo_financing_ftc_04-29-22.pdf
File Size: 404 kb
File Type: pdf
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Venmo Users: Don't Sleep on This - Don't Give Up Your Rights to Use Class Actions

4/26/2022

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Very helpful article from The Verge below with step-by-step directions on how to avoid getting jobbed out of your right to join a class action against Venmo (which is, in practical terms, probably the only way you'd ever be able to have a hope of dealing with a problem with them that they won't fix for you).

Excellent deeper analysis of how Venmo is hoping you won't bother so they've made the process absurd, from the Credit Slips blog.
How to opt out of Venmo’s new arbitration clause

Keep your rights to class action

By Barbara Krasnoff  Apr 25, 2022, 2:52pm EDT

. . .  We’ll tell you how you can opt out — but first, a little info about arbitration clauses.
Arbitration clauses have become extremely popular in agreements between companies and consumers. (For example, here’s a 2019 article explaining how to opt out of the arbitration clause that emerged when Apple added a credit card.)

It’s not surprising. When you agree to arbitration, you are basically putting most of the advantages in the company’s court.

For example, most arbitration clauses deny you the opportunity to become part of a class action suit or to individually sue the company. Instead, an arbitrator (often chosen by the company) reviews the case and then makes a ruling that cannot be appealed.



MOST ARBITRATION CLAUSES DENY YOU THE OPPORTUNITY TO BECOME PART OF A CLASS ACTION SUIT

And, in fact, this is exactly what the arbitration clause that Venmo is adding is meant to do.

. . .


here’s the short version of what you need to do:

  • Download and print out the Venmo Opt-Out Notice Form
  • Fill out the entire form
  • Mail it (yes, the kind of mail with an envelope and a stamp) to:
PayPal, Inc.
Attn: Litigation Department
Re: Venmo Opt-Out Notice
2211 North First Street
San Jose, CA 95131



1) .... if you accepted the user agreement for the first time on or after May 23rd, 2022, then your form has to be postmarked up to 30 days after that date.

If you’ve been a Venmo member for longer, you have until June 22nd, 2022.


2) ... Send it so it can be traced or, even better, so somebody has to sign for it.

This will cost more, but if you foresee yourself possibly needing to take Venmo to court anytime in the future (especially if you plan to use the service extensively), then it pays to be sure.


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Americans Being Ripped Off on Car Loans

10/27/2021

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"Surprise, surprise, surprise" as Gomer Pyle used to say.

Consumer Reports has a good article on how car dealers rip you off on loans.

Well worth a read if you ever consider buying a car.

ProTIP: If you can't pay cash and must finance a car purchase, separate the loan deal and the car deal; never do them together with financing from the dealer.*

Get your loan approval from your own credit union or bank before you go car shopping so you can know exactly how much you can afford and the dealer can't bamboozle you by negotiating both deals at the same time. And, of course, you have to be willing to walk away from the lot without buying anything. And never buy any used vehicle without having your own independent mechanic to a complete pre-purchase inspection and test drive of the vehicle; if you can't afford the pre-purchase inspection, you can't afford the car anyway.

(* With the possible exception for the case where you are buying a new car and the maker is offering zero-percent financing and you are certain that you aren't being overcharged on the car.)

Experts say that CR’s analysis suggests a broad problem with the way car loans are arranged in this country: Dealers and lenders may be setting interest rates based not only on risk—standard loan underwriting practice—but also on what they think they can get away with. Studies show that many borrowers don’t know they should, or even can, negotiate the terms of a loan, or shop around for other offers. 

Discrimination could be part of it, too. Other research suggests that people of color are more likely to be offered high-interest car loans, even when they have similar or even better credit than whites. But unlike federal data provided on mortgages, the data CR analyzed did not include any information on the borrowers’ race, age, or sex.

The auto lending industry also operates in a regulatory morass. Many states have confusing and contradictory laws regarding how high rates can be set, according to interviews with regulators in all 50 states and the District of Columbia. At the federal level, the Consumer Financial Protection Bureau has limited oversight of auto lenders. 
Those who do get stuck with expensive car loans can face serious repercussions. 

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Good Warning -- Why NOT to use debit cards

7/13/2021

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Why You Should Never Use Your Debit Card

Scammers are everywhere, and debit cards leave your business exposed. . . .

Skimmers are a popular way for thieves to steal card numbers from gas pumps, ATMs and other machines that accept credit and debit cards. The skimmer is slipped into the card reader slot and once connected, it can not only steal the card number but also PINs and zip codes as they're entered. They're pretty tough to detect, and once a number and PIN is stolen it can be used to create counterfeit cards, make purchases over the phone and carry out other forms of identity theft, like setting up other accounts or loans in your name. . . .

The reason why Abagnale and most IT experts I know avoid debit cards deals with cash flow. If a fraudster can compromise a debit card, that person can access your cash. He or she can drain you and your company's bank account. And then you're stuck chasing. If a criminal makes unauthorized use of your credit card, your cash is still in your account.

In either case, according to the Federal Trade Commission, your liability would be no more than $500 — and more than likely considerably less — depending on when you report the theft. . . .


Read the full article from Entrepreneur magazine here: https://apple.news/Am9EeoNQVTteiFykHKUvs9g
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Timeshares are the worst -- except for timeshare resale scams, that is ...

6/17/2021

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Based on the number of people who call me seeking help with timeshares they are unhappy with, I can safely say that, other than herpes, timeshares are just about the worst possible thing you can acquire on a vacation. 

Maybe the only thing worse than getting involved in a timeshare in the first place is then getting ripped off again while trying to get out of one. The "timeshare exit" field is full of pirate scammers who are only too happy to have another shot at separating you from even more of your money and preying on your desperation to unload what has turned out to be a horrible idea.

The FTC has some good guidance you should check out (click the link or download the document below the graphic) if you are even thinking of getting within 100 miles of a timeshare sales pitch, or if you have already been snared and are thinking of trying to unload your timeshare.

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Ask Congress to Undo Anti-Consumer Rule Implemented in Final Days of Prior Administration

4/15/2021

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Urge Congress to Support a Congressional Review Act Resolution to Overturn the OCC's "Fake Lender" Rule
Dear friends and allies,

Congress has a short window of time to pass a resolution under the Congressional Review Act to invalidate the Office of the Comptroller of the Currency’s (OCC’s) "fake lender” rule. The fake-lender rule enables predatory consumer and small business lenders charging 179% APR or more to evade state- and voter-approved interest rate caps.


ACT NOW! Email your senators and representative to ask them to support the resolution (S.J. Res. 15 or H.J. Res. 35) to overturn the OCC's "fake lender" rule.



The rushed “fake lender” took effect in December and protects “rent-a-bank” schemes whereby predatory lenders (the true lender) launder their loans through a few rogue banks (the fake lender), in order to claim that it is a “bank loan” exempt from state interest rate caps. The fake lender rule overrides 200 years worth of caselaw allowing courts to see through usury evasions to the truth, and replaces it with a pro-evasion rule that looks only at the fine print on the loan agreement.


Congress can use the Congressional Review Act to overturn the rule with only a simple majority vote in the Senate -- no filibuster. But the deadline is approaching, so Congress must act soon.


Please also urge your members of Congress to support the Veterans and Consumers Fair Credit Act, which would stop predatory cost rent-a-bank loans by extending to all lenders, including banks, the 36% APR rate cap that currently protects active duty servicemembers.


Tell Congress to overturn the OCC's "fake lender" rule!
Thank you!

Lauren Saunders
Associate Director
National Consumer Law Center

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Good piece on why you DO NOT want to buy a salvage/reconstructed car

2/23/2021

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The author of this piece says "almost never" -- I will go further and say that should be "never" for consumers.

That is, unless you are a professional auto rebuilder, stay far away from salvage title/rebuilt title cars and trucks, period. 

They will be nothing but grief for you.

Why You Should Almost Never Buy a Salvage or Rebuilt Title Car
While a salvage or rebuilt title doesn’t necessarily mean the car is a death trap, the bad usually outweighs the good.

It may be tempting to buy a car with a rebuilt title because of its low price point, but what’s tricky is you don’t always know the extent of the damage that gave it a salvage title to begin with. 


“It’s very hard to determine if a car is back to pre-accident condition,” says Jack Gillis, executive director of the Consumer Federation of America. “I recommend just staying away from those types of vehicles.” 

Sometimes a rebuilt car can look shiny and new on the outside, but still have some serious internal problems. Flood damage is a prime example of this. Cars that have been damaged in a flood are especially dangerous to drive because it can take months or even years before the water corrodes the electric and mechanical systems. You should always ask an experienced mechanic to inspect a rebuilt car before deciding to make the purchase, but even then, it’s a risky move. 

“If a vehicle was in a flood, you can’t fix it. It’s not rebuildable. If it was wrecked so badly that it was salvaged, chances are the frame or unit body was compromised,” says Shahan. “So if you’re in a subsequent collision, it’s not going to give you anywhere near the same protection that you would’ve gotten if it was an undamaged car.” . . .

Much more at link here.

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Help Consumer Reports Understand Credit Report Error Frequency

2/11/2021

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Please Help Consumers Like You --
Check Your Credit Report for Errors and Let Consumer Reports Know What You Find

Dear friends and allies,

The National Consumer Law Center is partnering with Consumer Reports to finally hold powerful credit reporting agencies accountable for errors, and we need your help.


At least one in four of us probably has an error in our credit report. And the COVID-19 financial crisis has made that bad situation even worse. So what’s the big deal about a little mistake on your credit report? It can cost you serious money. Getting a credit card, renting or buying a home — even landing a new job — can all hinge on the accuracy of your credit report.


Can you check your credit report for errors, and let Consumer Reports know what you find? 

You’ll be a key part of a groundbreaking Consumer Reports’ people-powered research project, 
where thousands of consumers like you use their credit report to finally hold these powerful credit agencies accountable!


CLICK HERE TO GO TO Check Your Credit Report


 We’ve made it super easy for you to do. Click the link and you’ll be taken to a page where we show you how to check your credit report for FREE. When you do, be on the lookout for basic mistakes such as a name misspelling or wrong address, to bigger mistakes like late payments that weren’t late, or even someone else’s debt on your account.
Checking your credit report is critical for your financial future. In one case, a couple almost lost out on a home mortgage because the husband’s birth date was off by one digit. Another consumer told us a ticket he got while driving a rental car was sent to the wrong address, causing it to go into collections and knocking 80 points off his excellent credit score.


Checking your report also will help us reform how the major credit reporting companies — Equifax, Experian, and TransUnion — do business. Already we know that people with monthly student loans postponed under the COVID-relief package are seeing missed payments on their credit reports, a clear violation of the law. Yet it’s almost impossible for them to get those damaging delinquent payments removed.


Check your credit report for FREE here. It will help you, and help us, make sure no one’s finances are wrecked by the credit agencies mistakes!


The more people who tell us what problems they find, the better armed we are to take on the credit bureaus. Please share this with friends and family so they get the reminder to check their credit reports, too!

Chi Chi Wu
Staff Attorney
National Consumer Law Center
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Learn the Two Key Red Flags of Someone Trying to Scam You Remotely

2/3/2021

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Another great resource for your COVID-related legal questions

4/18/2020

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Links to http://www.consumer.law/
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Oregon's Gov. Brown bars creditor garnishments of CARES checks

4/18/2020

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The Governor has wisely ordered that any Oregonian's CARES check be free from garnishments by creditors (except for restitution garnishments for criminal justice debts) during the COVID-19 emergency. The top picture is the key provision. If you want the full text and all the details and definitions, the full order is shown below that and you can download it by clicking on the down-facing arrow.

Kudos to Gov. Brown for acting to help Oregon families survive this crisis in this critical period.
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Outstanding FREE Online Resource "SURVIVING DEBT" to read if you are struggling financially due to COVID-19 (or for any other reason)

4/6/2020

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The heroes at the National Consumer Law Center (NCLC.org) have made their comprehensive 50th Anniversary guide for debtors called “Surviving Debt” available at no charge for ANYONE.

This is an outstanding resource for ordinary folks who don’t want to try to read law books or statutes etc.  It’s in clear, plain English.  I have given away more than two dozen copies to friends and clients and it’s usually the first book I reach for when someone has a question about how to manage their debts of ANY kind.


While you isolate in place, if you are worried at all about your finances, take the time to read the first 10 short chapters and then the chapters for your type of debts. So you don't have to read it all -- just the first couple chapters and then the chapters that pertain to your type of problem.

(And if you yourself are able to make a contribution to NCLC, they would welcome it and put it to good use.)

Find it here:  https://library.nclc.org/SD


  • Chapters
    • Glossary
    • Chapter 1 Six Essential Rules for Surviving Debt
    • Chapter 2 Responding to Debt Collectors
    • Chapter 3 What You Need to Know About Your Credit Report
    • Chapter 4 Collection Lawsuits
    • Chapter 5 Taking Out New Loans to Pay for Old Debts
    • Chapter 6 Reverse Mortgages
    • Chapter 7 Choices to Avoid at All Costs
    • Chapter 8 Reducing Your Expenses
    • Chapter 9 Options for Increasing Your Income
    • Chapter 10 Keeping Track of Income, Expenses, and Debt
    • Chapter 11 Medical Debt
    • Chapter 12 Credit Card Debt
    • Chapter 13 Student Loans
    • Chapter 14 Car Loans and Repossessions
    • Chapter 15 Utility Terminations
    • Chapter 16 What Every Homeowner Should Know About Mortgage Payments
    • Chapter 17 When You Are Having Trouble Making Mortgage Payments
    • Chapter 18 Defending Your Home from Foreclosure
    • Chapter 19 Property Taxes and Tax Sales
    • Chapter 20 Evictions and Getting Out of a Lease
    • Chapter 21 Civil Court Judgment Debt
    • Chapter 22 Debts Related to Criminal Law
    • Chapter 23 Federal Income Tax Debt
    • Chapter 24 Deciding Whether and When to File Bankruptcy
    • Chapter 25 How the Bankruptcy Process Works
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OREGON & COVID 19: insurance firms must extend premium & claim deadlines; and State offers help desk you can call with questions

3/26/2020

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State issues grace period order for insurance deadlines

Salem – The Oregon Department of Consumer and Business Services issued a temporary emergency order today in response to the COVID-19 outbreak. It requires all insurance companies to extend grace periods for premium payments, postpone policy cancellations and nonrenewals, and extend deadlines for reporting claims.

The COVID-19 outbreak has caused widespread business closures, job losses, and social distancing measures. This severe disruption to business in the state includes some Oregonians’ ability to make insurance premium payments, report claims, and communicate with their insurance companies.

“During this crisis, we must all do our best to help Oregonians focus on staying healthy, care for their families, and prevent the spread of the coronavirus,” said Andrew Stolfi, insurance commissioner. “Many of our insurers have already stepped up and done the right thing. This order will ensure every Oregonian who needs it has relief from these insurance policy terms, giving them a measure of security and stability.”

Insurance companies must take steps immediately to do the following until the order is no longer in effect:

  • Institute a grace period for premium payments on all insurance policies issued in the state
  • Suspend all cancellations and nonrenewals for active insurance policies
  • Extend all deadlines for consumers to report claims and communicate about claims
  • Provide consumers the ability to make premium payments and report claims while maintaining safe social distancing standards

The order is effective immediately, and will be in force through at least April 23. If necessary, the department may extend the duration of this temporary order.

If Oregonians have questions or concerns about their insurance company or agent, they can contact the department’s advocacy team at 888-877-4894 (toll free) or visit dfr.oregon.gov for more information or to file a complaint.

For insurance and financial services information related to COVID-19, visit the department’s website:
https://dfr.oregon.gov/insure/health/understand/Pages/coronavirus.aspx. 

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If any business seller tries to make you sign something where you agree not to post a negative review, make sure you get a copy of the agreement (then call me)

7/29/2019

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REMEMBER: Federal law prevents businesses from sticking fine print into their contracts that prohibits you from writing or posting a negative review of the business! (The Consumer Review Fairness Act (“CRFA”) became law in March 2017.)

The Federal Trade Commission recently slapped three companies who had form contracts that said the consumers could not post negative reviews about the products or services from the businesses
. Worse, these form contract also had confidentiality clauses -- those said that the consumers would PAY money damages to the businesses if the consumers disclosed information they got while using the products or services was confidential.

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Secrecy Kills - Sealed Cases Should be Extraordinarily Rare, Never Routine

7/15/2019

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Reuters has a must-read story with implications for everyone in America:

"That evidence was clearly compelling: In a 2004 ruling, Judge Stephens rejected Purdue’s motion that he dismiss the case and sided with the state’s assertion that the material could convince a jury that Purdue’s sales pitch was full of dangerous lies.

But Stephens sealed the evidence on which he relied in that ruling. And when Purdue and the state reached a settlement that year, before the case went to trial, the evidence remained hidden, out of sight to regulators, doctors and patients. Over the next few years, as OxyContin sales and opioid-related deaths climbed, more than a dozen other judges overseeing similar lawsuits against Purdue took the same tack, keeping the company’s records secret."

Read the whole thing here:
https://www.reuters.com/investigates/special-report/usa-courts-secrecy-judges/

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Credit Repair - Where the Scams Abound

7/8/2019

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There are no “quick fixes” to clean up your credit

June 24, 2019
by Lisa Lake, Consumer Education Specialist, FTC

If you’re trying to clean up your credit, you’ll come across plenty of companies offering an easy fix. But any company promising instant results for a price is likely a scam.

The FTC says Grand Teton is one of those companies. In its lawsuit, the FTC says Grand Teton tricked people into paying hundreds – even thousands – of dollars for so-called credit repair services.


Through websites, sales calls, convincing emails, and text messages, the company allegedly promised to boost credit scores by removing all negative items, among other things, from customers’ credit reports – and also boost scores by adding the customer as an authorized user on other people’s credit cards. But people who signed up with Grand Teton didn’t see a significant change in their credit scores, despite paying hefty (and illegal) up-front fees. And, if consumers complained or tried to get their money back from their bank, Grand Teton allegedly threatened to slap them with lawsuits.

Here’s the thing about credit repair: there’s rarely an instant fix. To clean up your credit and protect yourself from credit scams:

  • Get a free copy of your credit report (from AnnualCreditReport.com). Review it carefully. Do you recognize all the accounts listed?
  • If you find mistakes, contact the credit bureau and the business that reported the information. They must delete inaccurate or incomplete information. You don’t have to pay anyone to do this for you – you can dispute inaccurate items on your credit report yourself, for free. There’s nothing a company could do for you that you couldn’t do yourself.
  • Only time can correct negative, accurate information on your credit report. You can rebuild your credit by paying your bills on time, paying off debt and not creating new debt.
If you need help cleaning up your credit:
  • Contact a legitimate credit counseling organization. Good credit counselors review your whole financial situation before they make a plan. They won’t promise to fix all your problems or ask you to pay in advance.
  • Learn how to spot a credit repair scam.
  • ? Does the company ask for money up front?
  • ? Did they say not to contact the credit bureaus yourself?
  • ? Did they tell you to dispute accurate information on your credit report?
  • If you said “yes” to any of those, stop right there. You’re probably dealing with a scam.
Learn more about cleaning up your credit history. And, if you know about a credit repair scam, report it to the FTC.
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If you are buying property -- spotting mortgage closing scams

6/24/2019

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Mortgage Closing Scams: How to protect yourself and your closing funds
By Melissa Yu – JUN 03, 2019

Your Mortgage Closing Checklist
Closing is one of the most important stages of buying a house. Learn how to prepare and what to expect so you can close with confidence. 
  • Download our Closing Checklist

Closing on a new home can be one of your most memorable life moments. It’s the final and one of the most critical stages in the home-buying journey, but with the exchange of key paperwork and a sizable down payment, it can also be a stressful experience, especially for first-time homebuyers.  


The FBI has reported that scammers are increasingly taking advantage of homebuyers during the closing process. Through a sophisticated phishing scam, they attempt to divert your closing costs and down payment into a fraudulent account by confirming or suggesting last-minute changes to your wiring instructions. In fact, reports of these attempts have risen 1,100 percent between 2015 and 2017, and in 2017 alone, there was an estimated loss of nearly $1 billion in real estate transaction costs. 


While it’s easy to think you may not fall for this kind of scam, these schemes are complex and often appear as legitimate conversations with your real estate or settlement agent. The ultimate cost to victims could be the loss of their life savings. 

Here’s what you should know and how to avoid it happening to you.


How it works

Scammers are increasingly targeting real estate professionals, seeking to comprise their email in order to monitor email correspondences with clients and identify upcoming real estate transactions. During the closing process, scammers send spoofed emails to homebuyers – posing as the real estate agent, settlement agent, legal representative or another trusted individuals – with false instructions for wiring closing funds.

How to avoid a mortgage phishing scam

  • Identify two trusted individuals to confirm the closing process and payment instructions. Ahead of your mortgage closing, discuss in person, or by phone, the closing process and money transfer protocols with these trusted individuals (realtor, settlement agent, etc.). Be cautious about exchanging any details about your closing over email. You may want to use this opportunity to also create a code phrase, known only by these trusted parties, if you need a secure way to confirm their identities in the future. 

  • Write down their names and contact information. Use the Bureau’s Mortgage Closing Checklist (available for download below this post) to list these individuals and their primary phone numbers.

  • Before wiring money, always confirm instructions with your trusted representatives. Never follow instructions contained in an email. Verify the closing instructions, including the account name and number, with your trusted representatives either in person or by using the phone number you previously agreed to.

  • Avoid using phone numbers or links in an email. Again, scammers can closely replicate the email address, phone number and format of an exchange from your agents. Avoid clicking on any links or downloading attachments without first confirming with your trusted representatives.

  • Do NOT email financial information. Email is never a secure way to send financial information. 

  • Be mindful of phone conversations. It may be difficult to identify whether a phone call is fraudulent or legitimate. Scammers may call and ask you to verify your personal or financial information. When in doubt, always refer back to your trusted professionals to confirm whether it’s legitimate. 

What to do if it happens to you
  • Contact your bank or wire-transfer company immediately. Ask for a wire recall. Reporting the error as soon as possible can increase the likelihood that you’ll be able to recover your money.

  • File a complaint with the FBI. Contact the FBI’s Internet Crime Complaint Center at www.ic3.gov

While it can be easy to think you’ll never fall for a scam of this nature, the reality is that it’s becoming more and more common, and the results can be disastrous for eager homeowners. By being mindful and taking a few important steps ahead of your closing, you can protect yourself and your loved ones.

To learn more about the closing process, including how to prepare for your closing and common pitfalls to avoid, check out our Mortgage Closing Checklist. For information and resources for the each stage of the home-buying journey, visit the Bureau’s Buying a House tool. 


The resources on mortgage closing scams are part of the Consumer Financial Protection Bureau’s work to protect consumers from unfair, deceptive, or abusive practices. We arm people with the information, steps, and tools that they need to make smart financial decisions.

cfpb_buying-a-house_mortgage-closing_checklist.pdf
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