Law for Real People - John Gear Law Office & Salem Consumer Law 503-569-7777

A suggested template for when you are fighting with a business on the phone

9/27/2014

A big problem for consumers is that the businesses that cause you problems are also the ones who wind up controlling all the contacts you have with them, and they like to do so in ways that make it hard for you to later prove that they told you A, B, or C when they claim to have told you X, Y, and Z.

Here's a suggested template for taking notes during and after phone calls with any business (a bank, a credit card servicer, a billing department, a mortgage lender, etc.). It's not a guarantee that you won't have problems, but it would sure help a lot if the company trying to screw you wasn't the only one with records of all your contacts.

1. On _________ (date) at about _________(time), (I called [company]/[company] called me) and I spoke with a representative of [company] who identified (him/her)self as __________________(name), ID number _____________. The number (I called/was called from) was __________________.

2. During the call, I expressed my concerns about account number _________________________ specifically concerning

a. (first concern) __________________

b. (second concern) __________________

(and so on -- as many different topics as you discuss)

3. About these concerns, ___________________ (company rep. name) told me that

a. (what they said) ___________________________

b. (what they said) ___________________________

(and so on -- as many different topics as you discuss)

4. (company rep. name) told me that :

a. (first one) I (should/must) do this: ___________________ no later than (time/date) _____________________

b. (second one) I (should/must) do this: ___________________
no later than (date) _________________________

etc.

5. I am sending you these call notes for your review and confirmation so that we may rely on them later.

Please review these notes and advise me immediately, by email to (address), with followup by US Mail to (address), if [company] believes there are any discrepancies between these notes and [company] call records.

Thank you,

Pretty good guidance on buying a new car and trading yours in

8/18/2014

Two very good articles with lots of sound advice for helping you avoid the salesman over there on the left.

How to Buy A Car (LA TIMES)

How to Trade a Car (LA Times)

And if you are thinking about a used car, this next LA Times link is a MUST READ:
How to know if your car was recalled but not fixed.

New Resource for Elders or People with Disabilities - and anyone helping them

8/15/2014

ADRC is a FREE service to help people learn about public and privately paid options to address aging or disability needs, or to help families and caregivers. Anyone in Oregon can use the service for themselves or their families.

To access the service, just call 1-855-673-2372, enter the elder's residence zip code, and get connected with the nearest ADRC office.

Website: www.ADRCofOregon.org

“When you are looking for information about services to address aging or disability needs, the Aging and Disability Resource Connection of Oregon can help you learn about public and privately paid options in your local community. The ADRC has trained professional staff who can help you and your family with immediate needs, or help you plan for the future. The ADRC of Oregon is a statewide resource for everyone, regardless of income level, and can be reached by calling a toll-free number, visiting a website, or by contacting a local ADRC office.”

More new titles available for loan to nonprofit leaders

5/16/2014

I make my reference library on nonprofit governance and fundraising available for free loan to nonprofit boards and executives -- click the image above to go to my library catalog, where you can browse the many titles (look for the tags that interest you to sort through the 300+ titles; you can start with fundraising and nonprofits).

New One-Number Statewide Abuse Hotline for All Forms of Abuse

5/12/2014

Oregon Adds Statewide Abuse Reporting Line:

(855) 503-SAFE

Today we are happy to announce that Oregon has added another option for reporting suspected abuse of children and vulnerable adults. All our regular local hotline and reporting numbers will continue to take reports as usual, but we have added a single statewide number that provides another way to make these important reports. Oregon's abuse reporting hotline for children and adults, (855) 503-SAFE [855-503-7233], is up and running, and it provides callers with the ability to report suspected child abuse, elder abuse, abuse of people with physical or developmental disabilities, and abuse of people with mental illness or those experiencing a mental health crisis.

Callers will be directed that if the report is an emergency requiring immediate attention, to hang up and dial 911. If it is not an emergency, then callers will work through a simple phone tree to ensure their report gets to the right place for response, based on zip code and characteristics of the person they are calling about. Calls can be answered in English or Spanish. Once the calls are routed through the phone tree, they will be directed to local DHS or county offices for Child Protective Services and Adult Protective Services, County Developmental Disability Programs (CDDP) or County Mental Health Programs (CMHP) for response. Not all areas of the state will have a live person to take reports after hours, and some locations will provide voicemail reporting options.

All local hotline and reporting numbers will continue to take reports as usual, and the new line adds a single call option for those who want to use it. Oregon's abuse reporting hotline for children and adults is the result of two legislative workgroups, one on child welfare and one on elder abuse, which recommended a single hotline option to simplify reporting for Oregonians who are not familiar with the abuse reporting process. Mandatory reporters are often well aware of local reporting and hotlines and are responsible for most of the reports we receive. Citizens who may only make one or two calls in their lifetimes can be overwhelmed by the seeming complexity of agencies and numbers from which to choose.

(855) 503-SAFE [855-503-7233] will solve that problem by providing a single phone number anyone can call from any community in Oregon!

Two new resources for nonprofit leaders in John Gear Law Office library

4/17/2014

I maintain an extensive collection of resources to assist me in my practice, which nearly all consists of working to help consumers, elders, employees, and nonprofits. Rather than have these valuable resources sit idly, I make them available to nonprofit boards and executives in the Salem area. To check out my collection, go here, and search on items tagged with "nonprofits" to winnow down the collection to those helpful for nonprofit leaders.

Just when you think the corporate drive to avoid having to answer for wrongdoing can't get more insane or over the top

4/17/2014

When I first read about this, I was certain that I was reading a sly parody from "The Onion" or some other satirical publication. But then I found that the jokers behind this are deadly serious about it. In other words, General Mills has decided to promote itself to General LeMay and bomb the Constitution and your rights as an American to little super-sugarsaturated bits.

General Mills has granted itself a license to break the law. The owner of grocery staples including Trix, Cheerios, Betty Crocker, and Pillsbury, has quietly updated its terms of service to include a forced arbitration clause that eliminates its customers’ rights.

This means if you get salmonella poisoning from your Cinnamon Toast Crunch, you will not be able to hold General Mills accountable in court, and if you are cut by Old El Paso salsa that contains chunks of glass, your access to justice is denied. And yes, these were real things that happened last year!

Forced arbitration clauses allow corporations like General Mills to kick customers out of court and funnel them into an un-American dispute mill that is rigged, secretive and final -- and that denies you ANY ability to appeal, no matter how abusive the process.

If General Mills is not accountable, their customers are not safe.

Take action now! Write to Congress to urge them to protect their constituents from the abusive practice of forced arbitration!

And because we aim to help consumers around here, here's a helpful list of products you will want to avoid if you value your Constitutional rights as an American:

Betty Crocker
Good Earth
Muir Glen
Big G Cereals
Green Giant
Nature Valley
Bisquick
Haagen-Dazs
Old El Paso
Bugles
Hamburger Helper
Pillsbury
Cascadian Farm
Jus-Rol
Pillsbury Atta

Cheerios
Kix
Progresso
Chex
Knack & Back
Total
Cinnamon Toast Crunch
La Saltena
Totino's/Jeno's
Diablitos Underwood
Larabar
Trix
Fiber One
Latina
V. Pearl

Food Should Taste Good
Liberte
Wanchai Ferry
Frescarini
Lucky Charms
Wheaties
Fruit Snacks
Macaroni Grill
Yoplait
Gardetto's
Monsters
Yoplait France
Gold Medal
Mountain High

If you lose your income or are having problems paying your mortgage!

2/28/2014

People having trouble paying their mortgage or who maybe need to get mortgage loan modifications should see a HUD- certified housing counselor first!

While these folks are not lawyers, helping people hang onto their homes if they can is their job, so they are familiar with the programs for loan modification and their requirements.

And, because they are government-funded, they do not charge clients for their services. Click here to find one near where you live:
http://www.cbs.state.or.us/dfcs/ml/foreclosure/counselors.html.

Don't let Dropbox delete your 7th Amendment right to a jury of your peers!

2/21/2014

If you want to avoid having your 7th Amendment rights taken away by a corporation,
you’ll want to opt-out of Dropbox’s attempt to unilaterally impose arbitration on you:

The link is here - all you need to enter is your name by March 20:
https://www.dropbox.com/arbitration_optout

OregonAdminRules.org now even better!

1/24/2014

As I announced a while back, I recently found a programming maestro with the technical chops to help me realize a long-held goal of making the Oregon Administrative Rules readily accessible to anyone in Oregon who wanted to use them. The "official" copy available online is formatted so badly (using tiny type and no indenting) that it positively defeats a user who isn't willing to copy the entire chapter and spend hours reformatting it so that the layout doesn't cause you to misread it.

Thanks to Maestro's mad coding skillz, you now have free “one click” access to a properly formatted, very readable copy of every Oregon Administrative Rule chapter.

Need bigger text for reading ease? Just click on the + sign in the upper right corner.
Want more text per screen? Just click the - sign.
\Want to take it offline entirely, or import to a document? Just use your mouse or keyboard commands to copy and paste the full text of any chapter where you need it, or you can click again to go directly to the appropriate subsection, highlight just the text you need, and copy and paste to your document.

At last---a clear, readable, well-formatted version of the complete set of the Oregon Admin Rules now online

OregonAdminRules.org is a free public service to Oregon attorneys and all Oregonians, provided by a partnership of

   * John Gear Law Office LLC, John@JohnGearLaw.com
   * Hanson & Walgenkim, LLC, Hansonwalgenkim.com
   * 855ZipDebt.com, Consumer Bankruptcy law, and
   * Lawptimize, a legal productivity apps foundry.

OregonAdminRules.org was inspired by the refreshing ease and error-reducing readability of OregonLaws.org. Now the Oregon Admin Rules, which are often at least as important to the public and practitioners as statutes, are available in a readily accessible, readable form as well.

LAWYERLY FINE PRINT:

John Gear Law Office LLC and Salem Consumer Law; John@JohnGearLaw.com and SalemConsumerLaw.com. My office is in 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. I'm in Suite 208B. There is abundant, 3-hour free on-street parking throughout downtown Salem, and three multi-story free parking ramps 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, 2010-2017.

Photos used under Creative Commons from Tony Webster, brand0con, Jirka Matousek, Rd. Vortex, rcbrazier - Brazier Creative, cogdogblog, GWP Photography, byzantiumbooks, notacrime, emrank, 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, oskay, Muffet, rodaniel, Alan Cleaver, Mike Licht, NotionsCapital.com, Horia Varlan, xJasonRogersx, billaday, BasicGov, One Way Stock, mikebaird, Nevado, shalf