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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
File Size: 213 kb
File Type: pdf
Download File

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If you buy shoddy goods from Dealer D who then sells your financing contract to Lender L, there's a special rule to help you fight L and win

6/3/2019

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Certain kinds of goods -- such as appliances, cars, RVs, motorcycles, vacuums, etc. etc. -- tend to be problems. They are hard for consumers to evaluate objectively, and are often sold with high-pressure tactics by unscrupulous dealers who have a lot of experience confusing the buyers and preventing the buyers from getting help in evaluating the worth of the goods on offer.

One of the tricks shady dealers (call them D's) of these kinds of goods use is "selling the paper" immediately after the dealer makes the financed sale (immediately as in "before the ink dries"). By selling the paper, the dealer gets paid immediately and the supposedly innocent lender (call this lender L) acts as if all the shady techniques the seller used are irrelevant to the buyer's obligation to pay on the contract -- even for goods that were totally not as represented and that fell apart as soon as you got them home.  Over the years, many consumers have been duped into thinking that even though the dealer ripped them off horribly, they're still stuck on the loan, because the Lender L didn't participate in the fraudulent sale.

Because of this ancient game by shady dealers and shady lenders, something called the "Holder Rule" emerged. That name comes from a key phrase in consumer law:

"The holder (of the loan) takes the loan subject to all the claims and defenses the buyer would have been able to bring against the seller."

But if that's too much legalese, you can simply think of the Holder Rule as the

"Keeping the Holder of Your Loan from Weaseling Off the Hook When You Got Scammed Rule."

Under this special rule, when you find out you got scammed on goods you borrowed money to buy, you can usually raise the same claims against the Lender (L) that you could have brought against the Dealer (D) -- even though, in theory, Lender L was (supposedly) totally not involved in the shady sale of  the goods and didn't make the misrepresentations about the goods.

(I say Lender L was supposedly not involved because shady dealers usually or sometimes only send customers who need loans to buy their goods to certain preferred finance companies. Sometimes the lenders even pay kickbacks or "referral fees" to the dealers or the same person owns both. Such "preferred" lenders are well aware of how often the dealer's shoddy goods fall apart or are total rip-offs, but the lender likes to pretend to be completely innocent about what a ripoff the dealer is; these lenders turn a blind eye and pretend that the shady dealer is a reputable seller, and they certainly aren't going to tell you about the holder rule, which lets you bring up the sins of the dealer when you are explaining why you stopped paying the Lender.)


FTC Completes Review of Holder Rule
For Your Information
May 2, 2019


The Federal Trade Commission announced today that it has completed its review of the Holder Rule, which protects consumers who purchase goods and services using credit obtained through a merchant.As part of its systematic review of all its rules and guides, the FTC in November 2015 sought public comment on the Holder Rule, including its efficiency, the costs and benefits of the Rule, and its impact.

The Rule, formally called the “Trade Regulation Rule Concerning Preservation of Consumers’ Claims and Defenses,” protects consumers when they purchase personal goods or services with money loaned by a merchant or by a lender who works with a merchant. The Rule requires that such loans include a provision that preserves consumers’ ability to raise the merchant’s misconduct as a reason for not repaying the loan, even if the loan is sold. The Rule prevents businesses from using financing mechanisms to collect debts from consumers in situations where the debt arises from a sale in which the merchant defrauded customers, failed to deliver the goods or services, or engaged in other misconduct.


The FTC received 19 comments, all of which urged retaining the Rule. After reviewing the comments, the Commission found that there is a continuing need for the Rule and the record did not warrant a rulemaking to modify the Rule. The Commission specifically restated a 2012 advisory opinion that affirmed that the remedies that the Rule provides are not limited to circumstances where the seller’s conduct warrants rescission of the contract, or where the goods or services sold to the consumer are worthless.


The Commission voted 5-0 to approve publication of the confirmation of the Rule in the Federal Register. It will be published in the Federal Register shortly.


The Federal Trade Commission works to promote competition, and protect and educate consumers. You can learn more about consumer topics and file a consumer complaint online or by calling 1-877-FTC-HELP (382-4357). 

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Be Careful - Crowdfunding can easily be CrowdScamming

5/20/2019

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Crowdfunding is great as long as everyone's honest.

The problem is that, with the internet,

EVERY CRIMINAL IN THE WORLD IS JUST ONE CLICK AWAY FROM YOU.

In other words, crowdfunding makes it impossible for you to do the normal kind of verification you would do if you met someone in your own town who pitched a new idea and investment at you. Every smooth talking scammer who can buy or hijack a website can appear to be 100% legit, thanks to the magic of the Interwebs.

You should think of crowdfunding as a form of gambling and, as with any gambling opportunity, don't invest money you can't afford to lose.

Avoid crowdfunding scams
May 6, 2019 by Lisa Lake, Consumer Education Specialist, FTC

Crowdfunding is one way to support a project you believe in and get rewards for that support. But the project you’re backing is only as good as the people behind it. Some dishonest people can take your money but produce nothing – no product, no project, and no reward.


Here’s how crowdfunding works: People called "creators" ask for small amounts of money from lots of people to fund projects through websites like Kickstarter or Indiegogo. In exchange, creators offer rewards to contributors, like a product that the creators are trying to make. Sounds great…unless the creators don’t create anything but profit for themselves.



In its lawsuit against iBackPack, the FTC says people shelled out over $800,000 via crowdfunding campaigns. The company said those funds would help it provide consumers with backpacks and shoulder bags with built-in batteries for charging mobile devices. But, according to the FTC, iBackPack’s claims that bags would soon be going out to consumers were lies. What’s more, the FTC’s investigation found that the money the creators took in from their campaigns generally didn’t go toward what they said it would. Instead, the FTC says, iBackPack’s CEO pocketed a large part of the funds for his own personal use. And when people began to complain, the CEO allegedly threatened some of them – adding that he knew their addresses and other personal information.



If you’re thinking about contributing to a crowdfunding campaign, take a minute to research the creator’s background and reviews before you pay. For example, has the creator engaged in previous campaigns? How did those campaigns turn out?


If you learn about a crowdfunding scam:


  • Report it to the Federal Trade Commission.

  • Report it to your state Attorney General.

  • Warn other people by commenting on the creator’s profile on the crowdfunding site.
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Good fraud-prevention advice for elders and people who care about them

5/6/2019

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FDIC Consumer News: Protecting Seniors from Financial Abuse
Federal Deposit Insurance Corporation -- FDIC Consumer News - April 2019

Click here for printable pdf version - April 2019 - PDF

Be organized, proactive, and aware to protect yourself, family and friends from financial abuseIt’s easier than ever to handle our finances without setting foot inside a bank with so many advances in technology, but these changes have also made fraud and financial abuse a prevalent problem for older adults. Most elder financial abuse involves scams, forgery, identity theft, or undue pressure to give someone access to property or funds by simply providing information over the phone. Older adults are often targeted for such exploitation because they may be perceived as trusting, they may be cognitively impaired, they may have more funds available after a lifetime of saving, and potentially less exposure to technological advances.


Tips for Protecting Finances

Seniors can protect themselves from financial abuse by making sure financial records are organized and being aware of how much money is in all accounts. In addition, you can protect your assets by talking to someone at your bank, an attorney, or a financial advisor to discuss your options for ensuring your wishes for managing your money and property are followed in the event you become incapacitated. Other activities to help protect yourself include:


  • Carefully choosing a trustworthy person to share your financial planning matters with so they can assist you with tracking your finances if you are unable to do so yourself.

  • Locking up your checkbook, account statements, and other sensitive information.

  • Ordering copies of your credit report to review for suspicious activity. (You are entitled to a free copy of your credit report from each of the three major credit bureaus once every twelve months. To order your free annual reports, go to AnnualCreditReport.com or call toll- free 1-877-322-8228.)





  • Never providing personal information, including your Social Security number, account numbers, or other financial information to anyone over the phone unless you initiated the call.

  • Asking for details in writing and getting a second opinion from a financial advisor or attorney before signing any document you don’t understand.

  • Paying with checks and credit cards instead of cash to have records of transactions.

Tips for Family and Friends

Family and friends can also help by being aware of the many ways in which an older person may be financially exploited. There are many scams and frauds that attempt to get bank account information or Social Security numbers from the elderly to steal their identity or money. Be on the lookout for signs of possible financial abuse, including:


  • Unexplained account withdrawals.

  • Another individual unexpectedly making financial decisions on the older person’s behalf.

  • Disappearance of funds or valuable possessions.

  • Unanticipated transfer of assets to another individual.

  • Sudden changes to a will or other important financial documents.

  • Suspicious signatures on checks.

If you suspect elder financial abuse, talk to the victim to determine what is happening and who is involved. For instance, you’ll want to know whether a new person in their life is helping them manage their money or a relative is using their credit card without permission. If financial abuse seems likely, you may want to contact your state’s adult protective services and the local police for assistance.

You should also contact any bank or other financial institution involved to notify them of the potential abuse, and they may be able to assist you. They may not be able to provide you with specific information about accounts or transactions due to privacy laws, but they have the ability to review information for potential abuse as well as the resources to report abuse.

Also be aware of consumer financial protection regulations that help protect funds withdrawn from an account without authorization. For example, most cases of fraud and identity theft are committed using an access device, such as when an individual steals an older person’s debit card and pin number to withdraw money from a checking account.

The Electronic Fund Transfer Act, which is implemented through Regulation E, protects consumers from losses that may occur as a result of certain unauthorized electronic financial transactions, such as unauthorized ATM withdrawals and point-of-sale terminal transfers in stores. If a debit card or the card number is used to make an unauthorized withdrawal from a checking or savings account, you can minimize your losses by contacting your bank as soon as possible. Your maximum liability under Regulation E is $50 if you notify your bank within two business days after learning of the loss. Additionally, many credit card issuers have zero-liability policies, meaning that customers typically do not pay for unauthorized transactions, so contact your credit card issuer as soon as you discover any.

For more information on elder financial abuse, visit:

https://www.consumer.ftc.gov/blog/2015/08/spotting-elder-financial-abuse

https://www.consumerfinance.gov/practitioner-resources/resources-for-older-adults/protecting-against-fraud/


For more help or information, go to FDIC.gov or call the FDIC toll-free at 1-877-ASK-FDIC (1-877-275-3342).

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Before buying a used car, enter the VIN into the safety/recalls database

4/15/2019

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Where's my VIN?Look on the lower left of your car's windshield for your 17-character Vehicle Identification Number. Your VIN is also located on your car's registration card, and it may be shown on your insurance card.

What this VIN search tool covers
  • Vehicle safety recalls that are incomplete
  • Vehicle safety recalls conducted over the past 15 calendar years
  • Vehicle safety recalls conducted by major light auto automakers, including motorcycle manufacturers.
What this VIN search tool does not cover
  • Completed safety recall information
  • Manufacturer customer service or other nonsafety recall campaign
  • International vehicles
  • Very recently announced safety recalls for which not all VINs have been identified
  • Safety recalls that are more than 15 years old (except where a manufacturer offers more coverage)
  • Safety recalls conducted by small vehicle manufacturers, including some ultra-luxury brands and specialty applications

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Great Tips for Elders and Anyone Else Who Files Taxes - What to Beware!

4/8/2019

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The Car is Just the Bait: used car dealers are Payday Lenders in disguise

4/1/2019

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 Turns out I'm not alone in recognizing that most used car dealers (not all, but most) are really just shady payday lenders disguised as merchants.

But I've been too optimistic!

Below is a quoted comment from an auto industry expert in the midwest. And this ins't me talking or another consumer attorney. This is a car industry guy talking - someone who helps dealers!

BHPH = "buy here, pay here" -- the classic small independent car lot.

He warns that even the big chain used car places have the same practices!

For used car dealers, the car is just the bait for the important part -- selling you an outrageous loan and optional "extras" that give the dealer much more profit than the car ever could. (Because, think about it -- the only reason 99% of the customers step onto the lot at one of these places is that they have such poor credit that they have to buy the car that someone else felt good about getting rid of.)

With the horrible increase in economic inequality in the US, this isn't going to change anytime soon.

But at least understand what you're dealing with -- if you feel like you have to buy a used car from a dealer, do everything possible to GET YOUR OWN FINANCING first, before you get anywhere within 100 miles of a dealer. Know what you are approved for IN TOTAL as well as in weekly or monthly payments, and walk away the minute the dealer tries to sell you financing.

Dealers are pushing out financing terms to absurd lengths to make used cars "affordable," but that just puts you into a negative equity trap (you owe much more than the car is worth) at trade-in time ... if the car even lasts long enough for a trade to be possible.


BHPH dealers are usually their own bank for holding the notes and collecting, and skirt the financial disclosure regulations in the process and in the re-titling of repos. (Assuming the title is ever placed in the buyer's name.) Often, their floor plan is private or through major auctions, and the finance arm is a wholly-owned subsidiary of the dealership.  

This particular predatory practice is not limited to the sketchy downscale boulevard dealers, but is often found in the flashy franchised used car groups, doing high volume sales with extremely detailed buyer qualification handbooks. They've been with us for years, but the increase in the mass of low income workers who need mobility 
now make the problem more visible. 

Often, the condition of the vehicles are blamed for the repo, but it's more likely to be the burden of repayment that triggers. It's a better business model to sell the best cars the particular market will bear, setting the markup aside. These dealers are selling money, and the car is just a mechanism that recognizes a need and opens the door to a payment process. It's a lot more profitable to repo a decent vehicle if you're going to resell it. 

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    John Gear is a Salem attorney in solo practice
    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@JohnGearLaw.com and SalemConsumerLaw.com.  My 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 parking on my block and throughout downtown Salem, and three free parking multi-story parking ramps in downtown Salem as well. 

I am only licensed to practice law in Oregon. This site may be considered advertising under Oregon State Bar rules.  I don't give legal advice on this site; don't interpret anything you read here as intended for your particular situation. Besides, I'm not your attorney unless we have met in person and you have hired me by entering into a representation agreement with me. While I do want you to consider me 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, 2010-2019.

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