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Wednesday, December 19, 2012

Toyota Motor Corp. Will Pay Record $17.35 Million in Civil Penalties for Alleged Violations of Federal Law

By: Jeffrey Lapin

Toyota has agreed to pay record $17.35 million, the maximum fine allowable under the law, to the U.S. Department of Transportation's National Highway Traffic Safety Administration (NHTSA) in response to the agency's assertion that the automaker failed to report a safety defect to the federal government in a timely manner.

Besides paying the record fee, Toyota and its subsidiaries in the U.S. have agreed to make changes to ensure this kind of thing does not happen again

Full Article: NHTSA: Toyota Motor Corp. Will Pay Record $17.35 Million in Civil Penalties for Alleged Violations of Federal Law | National Highway Traffic Safety Administration (NHTSA)

ABOUT LAPIN LAW OFFICES

Lapin Law Offices represents injured, abused and disabled clients throughout Nebraska. To learn more about us or to find out if you have a case please contact us:


We offer a free consultation and do not collect a fee unless we get money for you.




The ABC’S Of Safe Winter Weather Driving

By: Jeffrey LapinThe forecast for eastern Nebraska, including Lincoln, calls for snow and winter weather. So far, ... http://bit.ly/V6Zb21

Monday, December 17, 2012

Lapin Law Offices Turns 4

I am proud to announce that Lapin Law Offices celebrated its 4th Anniversary on December 15th. It has not seemed l ... http://bit.ly/12vL9Oe

Friday, December 14, 2012

12 Scams of the Holidays and 12 Ways To Protect Yourself

By: Jeffrey LapinAs the holiday season is upon us consumers are decorating and buying gifts for family and fr ... http://bit.ly/TSnfa1

Thursday, December 13, 2012

Pfizer Settles With Several States Over Lyrica


Attorneys general of 33 states, including Nebraska, and the District of Columbia have reached a $43 million settlement with Pfizer over allegations that the company ignored FDA warnings and made misleading marketing claims about Lyrica and Zyvox. 


ABOUT LAPIN LAW OFFICES

Lapin Law Offices represents injured, abused and disabled clients throughout Nebraska. You can learn more about your rights by calling us at 402-421-8033 or submitting your case online to us (Contact Us). We offer a free initial consultation and do not collect a fee unless we get money for you.
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Wednesday, December 12, 2012

Facebook Helps FBI Catch Cybercriminals

By: Jeffrey Lapin

The FBI announced it has arrested 10 suspects from a number of countries in an alleged cybercriminal conspiracy that infected 11 million computers with banking fraud software. The alleged conspirators used "Yahos" malware, using the Butterfly Botnet, which gave access to credit card, bank and other personal information. The FBI alleges that this malware led to $850 million in losses. 

The FBI gave significant credit to Facebook’s security team for helping to track down these individuals.

Friday, December 7, 2012

The CFPB: November 2012

By: Jeffrey LapinThe Consumer Financial Protection Bureau (CFPB) regulates consumer financial products and serv ... http://bit.ly/VsQHCU

Friday, November 16, 2012

Nebraskans Asked to Help Gauge Nebraska's Internet Speed



Nebraska's Public Service Commission (PSC) is asking Nebraskans to take a simple, fast online test that will capture their current Internet speed, which will feed into a statewide database. The information collected could help both policymakers and Internet consumers improve service.

As part of the Nebraska Broadband Initiative, which aims to increase broadband access and adoption, especially in unserved or underserved areas of Nebraska, a new website was launched: Nebraska Broadband (broadbandmap.nebraska.gov). 

To take the test, go to: Nebraska Broadband Mapping Project  (http://nebb.broadmap.com/StateMap/). Instructions for taking the speed test are available. In addition to testing, site visitors can provide feedback on their Internet access.


Lapin Law Offices would urge all Nebraskans to take this simple online test. The results of the test should benefit all of us.




Study Finds Increase in Younger Drivers Texting While Driving


New annual survey by State Farm Insurance Company about teen drivers and cellphones:

  • 68% of drivers ages 18-29 reported engaging in texting while driving (up from 64% last year);
  • 34% of all drivers reported texting while driving (up from 32% a year ago); and 
  • 48% of young drivers reported accessing the Web behind the wheel (up from 43% last year)
Source: USA Today: Young drivers still texting, surfing the Web

Despite all of the media (TV, social, online, etc.) about the dangers of texting and driving this study shows that the message is not sinking in. We need to do a better job educating all drivers of the dangers of distracted driving, whether texting, internet access, eating, etc.



Friday, November 9, 2012

Lincoln-Lancaster County Creates Food Establishment Inspection Webpage

By: Jeffrey Lapin (Attorney-Owner of Lapin Law Offices)

The Lincoln-Lancaster County Health Department has created a food establishment inspection information web page, which provides information regarding establishment inspections, definitions and violations. 

On November 8, 2012, Lincoln, Nebraska, Mayor Chris Beutler announced two new initiatives to improve food safety in Lincoln-Lancaster County, Nebraska (New Food Safety Initiatives to Benefit Food Establishments and Public- issued November 8, 2012). These initiatives are:
  • The public now has online access to current food inspection reports for those local establishments that have been issued Food Enforcement Notices for high-risk violations.
  • The Lincoln-Lancaster County Health Department (LLCHD) has received a five-year, $350,000 grant from the U.S. Food and Drug Administration (FDA) to reduce foodborne illness originating from retail food establishments.
In his announcement, Mayor Beutler added:
The vast majority of our local food establishments do an outstanding job of serving our community, but when enforcement actions are necessary, it's important that the public have access to this information. This is an excellent use of technology to help protect the health of our residents and visitors.
The new webpage is live: Food Establishment Inspections. The site notes:
Only inspections that have resulted in the issuance of a Food Enforcement Notice (FEN) are listed. If you search for a food establishment and no inspection is listed, it has not been issued a Food Enforcement Notice in the past three years. 
An FEN may be issued as a warning, suspension, or closure depending on the severity of the risks posed to the public’s health. FENs may be appealed.
Please remember that any inspection report is a “snapshot” of the day and time of the inspection. On any given day, an establishment could have more or fewer violations than noted here. Thus, the inspection results may not be representative of the overall food safety of an establishment. Also, at the time of the inspection, violations are recorded but are often corrected on-the-spot prior to the inspector leaving the establishment.
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Lapin Law Offices represents injured, abused and disabled persons in Lincoln, Lancaster County and throughout Nebraska. Contact us at 402-421-8033 or through our website, lapinlawoffices.com, to learn more about us and what we can do for you. We offer a free initial consultation twenty-four hours a day seven days a week (24/7).


Tuesday, November 6, 2012

Guard Your Debit Card and PIN

Since companies have increased their network security following breaches of debit card and other credit information data thieves have shifted their focus to "that moment in time debit card data remains unprotected in a public setting — during the swipe and PIN-entry process."

Debit card account numbers and PINs are highly sought because they can be converted quickly into cash. A device called a mag stripe encoder can be purchased legally on the Internet. For about $200, anyone can embed a stolen payment card number onto a blank magnetic striped card. With the associated PIN, free cash is only an ATM away. . . .
Cynthia Larose (who chairs the privacy and security practice at the 500-attorney firm, Mintz LevinLarose) says:
"Debit card users should be mindful of the heightened risks,  Financial institutions generally will act quickly to make a victim whole in cases of fraud involving use of a credit card or an ATM machine. However, banks are not obligated to work with a victim in fraud cases involving use of a debit card at a POS terminal.
"Other than avoiding the use of debit cards at POS terminals, there probably is little a consumer can do," 
A final piece of advice: "Use cash."
Excerpts from USA Today interview with Jeff Hall, who directs the information-security practice at tax and risk consultancy McGladrey:
Criminals are scouting vulnerable venues. . . . All electronic devices today run some sort of operating system. As such, they can all be misused if the right person can insert themselves into the process at the right point.
Debit cards are tied directly to someone's bank account. As a result, there is typically a high likelihood of tapping into a large amount of cash quickly. Mag stripe data is fairly easy to come by. If you have complete mag stripe data with a PIN, you can completely impersonate the real card.
Consumers should use credit cards and stop using debit cards. However, that means consumers will need to be diligent in paying off the balance of their cards every month. Debit cards are risky because the government has not put the same loss restrictions on them that they have for credit cards. Consumer groups have been lobbying for these types of restrictions for the last few years, but that is likely to come to an end in the next year or two as state governments and/or the federal government respond.


Wednesday, October 24, 2012

FTC releases facial recognition technology guidelines

On October 22, 2012, the Federal Trade Commission (FTC) released a staff report "Facing Facts: Best Practices for Common Uses of Facial Recognition Technologies" to provide guidance to the increasing number of companies using facial recognition technologies to help protect consumers’ privacy as they use the technologies to create innovative new commercial products and services.

Facial recognition technologies have been adopted in a variety of contexts, ranging from online social networks and mobile apps to digital signs, the FTC staff report states. They have a number of potential uses, such as determining an individual’s age range and gender in order to deliver targeted advertising; assessing viewers’ emotions to see if they are engaged in a video game or a movie; or matching faces and identifying anonymous individuals in images.

Facial recognition also has raised a variety of privacy concerns because – for example – it holds the prospect of identifying anonymous individuals in public, and because the data collected may be susceptible to security breaches and hacking.

The FTC staff report recommends that companies using facial recognition technologies:
  • design their services with consumer privacy in mind;
  • develop reasonable security protections for the information they collect, and sound methods for determining when to keep information and when to dispose of it;
  • consider the sensitivity of information when developing their facial recognition products and services – for example, digital signs using facial recognition technologies should not be set up in places where children congregate.
The staff report also recommends that companies take steps to make sure consumers are aware of facial recognition technologies when they come in contact with them, and that they have a choice as to whether data about them is collected. So, for example, if a company is using digital signs to determine the demographic features of passersby, such as age or gender, they should provide clear notice to consumers that the technology is in use before consumers come into contact with the signs.
In the 2002 film Minority Report, Steven Spielberg imagined a world in which companies use biometric technology to identify us and serve us targeted ads. Ten years later, that vision is coming closer to reality. Having overcome the high costs and poor accuracy that once stunted its growth, one form of biometric technology – facial recognition – is quickly moving out of the realm of science fiction and into the commercial marketplace. . . .
The recent technological advances in the field of facial recognition undoubtedly provide a variety of benefits to consumers in the form of interesting products and services. However, as we have seen with other technologies, technological advances and the attendant business models they create often move faster than consumers’ awareness or comfort. The best practices recommended in this report can guide companies as they develop new products and services and craft the processes and systems that will govern their operations. Moreover, because implementing these practices will promote consumer trust and ensure the continued growth of this industry, companies currently have incentives to engage in them. Fortunately, the commercial use of facial recognition technologies is still young. This creates a unique opportunity to ensure that as this industry grows, it does so in a way that respects the privacy interests of consumers while preserving the beneficial uses the technology has to offer. The FTC will continue to monitor this area and explore ways to work with industry, and educate and protect consumers.




Tuesday, October 23, 2012

Study Finds 'Parasite' Porn Sites Reposted 88% Of Teens’ Sexual Pictures

Very scary stuff. Parents need to constantly remind their children (and themselves as well) that once they share something digitally they lose control over what happens it. This can have dangerous and and lifelong consequences.

Read more:



Monday, October 22, 2012

Motions Unlikely to Be Granted (Legal Humor)

Two funny motions that are unlikely to be granted:

  • Notice of Motion and Motion to Release the Hounds of Hell Upon Plaintiff and His Counsel

  • Plaintiff's Motion to Dismiss Plaintiff's Claims Because Plaintiff Could Not Tell the Truth if His Life Depended on It


Source: Motions Unlikely to Be Granted — Bitter Lawyer

FTC Issues $50000 Challenge To Stop Illegal Robocalls

By: Jeffey B. LapinOn October 18, 2012, the Federal Trade Commission (FTC) announced that it will be launching ... http://bit.ly/XKDitH

Thursday, October 18, 2012

Computer Viruses Are "Rampant" on Medical Devices in Hospitals

Selected quotes from the article, Computer Viruses Are "Rampant" on Medical Devices in Hospitals, by Technology Review:
Computerized hospital equipment is increasingly vulnerable to malware infections, according to participants in a recent government panel. These infections can clog patient-monitoring equipment and other software systems, at times rendering the devices temporarily inoperable.
"I find this mind-boggling," Kevin Fu [A leading expert on medical-device security and a computer scientist at the University of Michigan and the University of Massachusetts, Amherst] says. "Conventional malware is rampant in hospitals because of medical devices using unpatched operating systems. There's little recourse for hospitals when a manufacturer refuses to allow OS updates or security patches."
In September, the Government Accountability Office issued a report warning that computerized medical devices could be vulnerable to hacking, posing a safety threat, and asked the FDA to address the issue. The GAO report focused mostly on the threat to two kinds of wireless implanted devices: implanted defibrillators and insulin pumps. The vulnerability of these devices has received widespread press attention (see "Personal Security" and "Keeping Pacemakers Safe from Hackers"), but no actual attacks on them have been reported.
Fu says that medical devices need to stop using insecure, unsupported operating systems. "More hospitals and manufacturers need to speak up about the importance of medical-device security," he said after the meeting. "Executives at a few leading manufacturers are beginning to commit engineering resources to get security right, but there are thousands of software-based medical devices out there."
This is very scary stuff.

Where in the world do most spam email messages come from?


According to a recent study by Sophos for July to September 2012 the top 3 countries and continents were:

By Country:
  1. India: 16.1%  
  2. Italy: 9.4%
  3. USA: 6.5%
By Continent:
  1. Asia: 48.7%
  2. Europe: 28.2%
  3. South America: 10.2%
Read more: India spews more spam than ever before, report finds



Wednesday, October 17, 2012

Disabled Vet: Debt Collector Said ‘You Should Have Died’

By: Jeffrey LapinMichael Collier, a disabled Army veteran, and his wife, Kim, recently sued Gurstel Chargo, P.A., ... http://bit.ly/QrH9GM

Tuesday, October 16, 2012

Under Pressure, Credit Card Upsells Disappearing

Many credit card holders are declining and terminating "extra" services offered by credit card companies such as debt protection, credit monitoring and identity theft protection. In addition, major banks are withdrawing these services, in part, because of recent enforcement actions by the Consumer Financial Protection Bureau (CFPB). Since July of 2012, the CFPB has reached multi-million dollar agreements with Capitol One, Discover and Bank of America regarding alleged violations of consumer protection law with regard to these types of "extras."

Good tips at the end of the article on considering whether to purchase the "extra" services offered by credit card companies:
  1. Shop around
  2. Ask for details
  3. Stay on them

Jeffrey Lapin of Lapin Law Offices has blogged about these prior CFPB enforcement actions:
Lapin Law Offices represents Nebraska consumers who rights have been violated by debt collectors, credit reporting companies and telemarketers.

Monday, October 15, 2012

Seat Belts Save Lives Even For Police Officers


Police officers already risk their lives everyday. Why do they increase their risk by not doing what the ticket us for? Police officers, like medical providers, should know the dangers and injuries that can result from a person not wearing a seatbelt during a motor vehicle collision.

Police officers should practice what they preach when it comes to seatbelt use.

Good article by the Washington Post: For police, not wearing seat belts can be fatal mistake


Friday, October 12, 2012

South Carolina Supreme Court finds reading someone's web-based email does not violate federal law


On October 10, 2012, the Supreme Court of South Carolina, in Jennings v. Jennings, held that it is not a violation of the Stored Communications Act (SCA), 18 U.S.C. §§ 2701-12, to read someone's cloud based email, such as Yahoo! mail or Gmail, without their permission. 

The SCA prohibits the unauthorized accessing of an electronic communication while it is in "electronic storage." Another statute, 18 U.S.C. 2510(17), which is used by the SCA, defines "electronic storage" as: 
(A) any temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission thereof; and (B) any storage of such communication by an electronic communication service for purposes of backup protection of such communication. 
The South Carolina Supreme Court court unanimously ruled that Yahoo! mail does not fall within the SCA's definition of electronic storage and does not offer protection if the user's email is read without permission.

This South Carolina decision differs from a case decided by the 9th Circuit Court of Appeals in Theofel v. Farey-Jones in 2004. In that case, the court held that a user's email that had been read and left on his ISP's (Internet Service Provider) server was protected by the SCA.

While there are differences between these two cases, ISP and cloud based messaging, it does show how technology has changed since the SCA was originally passed into law on October 21, 1986, and that the law has not caught up to technology. Unless Congress decides to make significant changes to the SCA and other provisions of the Electronic Communications Privacy Act of 1986 (ECPA), ultimately, the United States Supreme Court may be called upon to decide how  these Acts apply to current technology, which was not even contemplated when some of these laws were enacted.

Source and reference information:

Thursday, October 11, 2012

Illinois Man Suing Equifax

By: Jeffrey Lapin

Brian Bruce Sr,, from Illinois, has sued Equifax, one of the 3 major credit reporting agencies, for violations of the Fair Credit Reporting Act (FCRA) and other violations for sending his private credit and financial data to an identity thief.

The facts, as alleged by Bruce are:
  • Someone from New York had fraudulently incurred approximately $23,000.00 on his Capital One credit card. 
  • Bruce notified Equifax about the fraudulent charges and asked them to put a fraud alert and security freeze on his account. 
  • In his discussions with Equifax, a representative told him about its "Complete Premier Plan," which for $19.95 a month, provided "comprehensive credit monitoring and identity protection." 
  • Equifax, which had the identify thief's address in New York, asked that Bruce provide certain financial documents so they could change his address in their system to Illinois from New York, which is the address the identity thief had been using. 
  • Bruce sent the requested documents so his address could be corrected. 
  • Shortly after sending the documents Equifax mailed a copy of his complete credit report containing his full social security number, full birth date and information about all of his credit accounts to the identity thief's address in New York. 
  • After Bruce learned that Equifax had wrongfully sent the information to New York, he alleges that Equifax attempt to blame him for the mistake.


Equifax has not yet formally responded to the lawsuit or made any public remarks about Bruce's lawsuit.


For more information about this lawsuit: 

ABOUT LAPIN LAW OFFICES
Lapin Law Offices represents consumers whose rights have been violated under the Fair Credit Reporting Act (FCRA).

Safety Advisory: NHTSA Alerting Consumers to Dangers of Counterfeit Air Bags | National Highway Traffic Safety Administration (NHTSA)


From the National Highway Traffic Safety Administration:
The U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) has issued a consumer safety advisory to alert vehicle owners and repair professionals to the dangers of counterfeit air bags. NHTSA has become aware of a problem involving the sale of counterfeit air bags for use as replacement parts in vehicles that have been involved in a crash. . . . 
CONSUMERS THAT SHOULD NOT BE AT RISK:§  Consumers who purchased their vehicle new and have not had their air bags replaced§  Consumers who have full knowledge of the entire history of their used vehicle (including knowing whether the vehicle had been in a crash in the last three years and being certain that the air bag was replaced at a new car dealership) 
CONSUMERS THAT MAY BE AT RISK AND SHOULD CONTACT THE CALL CENTER ESTABLISHED BY THEIR AUTO MANUFACTURER:§  Consumers who have had air bags replaced within the past three years at a repair shop that is not part of a new car dealership§  Consumers who have purchased a used car that may have sustained an air bag deployment before their purchase§  Consumers who own a car with a title branded salvage, rebuilt, or reconstructed§  Consumers who have purchased replacement air bags from eBay or other non-certified sources—especially if they were purchased at unusually low prices (i.e. less than $400)

    For more information: Safety Advisory: NHTSA Alerting Consumers to Dangers of Counterfeit Air Bags | National Highway Traffic Safety Administration (NHTSA)

    Wednesday, October 10, 2012

    Judging the Judges: Nebraska's 2012 Judicial Evaluations

    By: Jeffrey LapinThe Nebraska State Bar Association (NSBA) released its biennial evaluation of Nebraska judges. Ne ... http://bit.ly/W1y2li

    Wednesday, October 3, 2012

    FTC Halts Massive Tech Support Scams


    The Federal Trade Commission (FTC) has launched an international crackdown on tech support scams. The scammers pose as telemarketers for major computer companies and convince consumers that their computers have viruses, spyware and other malware. Then they charge hundreds of dollars to "fix" the computers.



    FTC Halts Massive Tech Support Scams

    FTC Case Results in $163 Million Judgment Against "Scareware" Marketer

    The Federal Trade Commission (FTC) obtains $163 million judgment against "Scareware" marketers (Innovative Marketing, Inc. and ByteHosting Internet Services, LLC, and individual directors of each corporation). FTC alleged these defendants conducted a massive “scareware” scheme that marketed a variety of computer security software via deceptive advertising by using computer “scareware” to trick consumers into thinking their computers were infected with malicious software, and then sold them software to “fix” their non-existent problem.

    FTC Case Results in $163 Million Judgment Against "Scareware" Marketer

    Teen Drinking and Driving Down Significantly

    From the CDC:

    The percentage of teens in high school who drink and drive has decreased by more than half since 1991, but more can be done. Nearly one million high school teens drank alcohol and got behind the wheel in 2011. Teen drivers are 3 times more likely than more experienced drivers to be in a fatal crash. Drinking any alcohol greatly increases this risk for teens.
    Research has shown that factors that help to keep teens safe include parental involvement, minimum legal drinking age and zero tolerance laws, and graduated driver licensing systems. These proven steps can protect the lives of more young drivers and everyone who shares the road with them.


    CDC Vital Signs - Teen Drinking and Driving

    Tuesday, October 2, 2012

    American Express to Pay Millions in Refunds and Fines

    By: Jeffey B. LapinThe Consumer Financial Protection Bureau (CFPB) along with other federal agencies announced on ... http://bit.ly/SYvOUi

    Friday, September 28, 2012

    How Mobile Carriers Are Making Customers Pay For Safety

    Some wireless carriers (AT&T and T-Mobile) are charging people to block numbers. While these carriers do give a limited number of "free" blocks they start charging a monthly fee once you reach their limit. 

    Most smartphones can block numbers. However, there are a large number of people who do not have smartphones. 

    Kudos to Verizon and Sprint for not charging customers to block numbers.

    How Mobile Carriers Are Making Customers Pay For Safety - Forbes

    Nebraska Supreme Court to hear arguments on survivor's benefits

    On October 10, 2012, the Nebraska Supreme Court will hear arguments on the question of whether children conceived through artificial insemination after the death of a parent can get Social Security survivor benefits. The United States District Court for the District of Nebraska Nebraska has asked the state Supreme Court to determine whether Nebraska's laws allow inheritance by a child conceived posthumously and born within nine months of the father's death.

    Earlier this year the U.S. Supreme Court held that a Florida man's children who were conceived through artificial insemination after his death cannot get Social Security survivor benefits because that state's inheritance laws expressly bar children conceived posthumously from receiving any inheritance.

    The Nebraska Supreme Court case is: Melissa Amen, Individually and on behalf of her minor child, K.L.A. v. Michael J. Astrue, Commissioner of the Social Security Administration (Case No. S-11-1094)

    The United States District Court case is: Melissa Amen, Individually and on behalf of her minor child, K.L.A. vs. Michael J. Astrue, Commissioner of the Social Security Administration (Case No. 4:10CV3216)


    Neb. high court to weigh in on survivor's benefits - The Grand Island Independent : State:

    Scam targets seniors' Social Security benefits - Sep. 26, 2012

    Scammers are targeting seniors' Social Security Benefits. These scammers are getting seniors to provide enough personal information and just contacting the Social Security Administration and having the benefits re-routed to their own accounts. This comes at a tricky time for the SSA, as it’s trying to encourage everyone who receives benefits to make the move to a direct deposit system because of a new regulation prohibiting paper checks.

    The Social Security Administration said anyone who believes they are victims of fraud should contact the inspector general at http://oig.ssa.gov/report-fraud-waste-or-abuse

    Article from CNN Money: 
    Scam targets seniors' Social Security benefits - Sep. 26, 2012

    Wednesday, September 26, 2012

    Consumer Financial Protection Bureau Study Finds Credit Scores Used by Consumers and Lenders Can Differ > Consumer Financial Protection Bureau

    On September 25, 2012, the Consumer Financial Protection Bureau (CFPB) released the results of its study of credit scores, just 5 days before the CFPB will begin supervising credit-reporting companies. 
    The CFPB study found:

    • One out of five consumers would likely receive a meaningfully different score than would a creditor. 
    • Score discrepancies may generate consumer harm. 
    • Consumers unlikely to know about score discrepancies. 
    The CFPB recommends that consumers consider the following in evaluating credit scores they receive:

    • Shop around for credit. 
    • Check the credit report for accuracy and dispute errors. 
    The CFPB will begin supervising consumer reporting agencies, approximately 30, that  account for about 94% of the entire market's. CFPB  examiners will be looking to verify that consumer reporting companies are complying with federal consumer financial law, including that the companies are using and providing accurate information, handling consumer disputes, making disclosures available, and preventing fraud and identity theft.

    The CFPB's Press Release and Study can be found:


    On September 25, 2012, the Consumer Financial Protection Bureau (CFPB) released the results of its study of credit scores, just 5 days before the CFPB will begin supervising credit-reporting companies. 
    The CFPB study found:

    • One out of five consumers would likely receive a meaningfully different score than would a creditor. 
    • Score discrepancies may generate consumer harm. 
    • Consumers unlikely to know about score discrepancies. 
    The CFPB recommends that consumers consider the following in evaluating credit scores they receive:

    • Shop around for credit. 
    • Check the credit report for accuracy and dispute errors. 
    The CFPB will begin supervising consumer reporting agencies, approximately 30, that  account for about 94% of the entire market's. CFPB  examiners will be looking to verify that consumer reporting companies are complying with federal consumer financial law, including that the companies are using and providing accurate information, handling consumer disputes, making disclosures available, and preventing fraud and identity theft.

    The CFPB's Press Release and Study can be found:



    FTC Halts Computer Spying by 8 Companies

    The Federal Trade Commission (FTC) issued a Press Release on September 25, 2012, which stated, in part:   
    Seven rent-to-own companies and a software design firm have agreed to settle Federal Trade Commission charges that they spied on consumers using computers that consumers rented from them, capturing screenshots of confidential and personal information, logging their computer keystrokes, and in some cases taking webcam pictures of people in their homes, all without notice to, or consent from, the consumers.
    “An agreement to rent a computer doesn’t give a company license to access consumers’ private emails, bank account information, and medical records, or, even worse, webcam photos of people in the privacy of their own homes,” said Jon Leibowitz, Chairman of the FTC. “The FTC orders today will put an end to their cyber spying.”
    The seven rent-to-own companies were charged with breaking the law by secretly collecting consumers’ confidential and personal information and using it to try to collect money from them. Use of the bogus “registration” information was deceptive, the FTC alleged.
    The proposed settlement orders will ban the software company and the rent-to-own stores from using monitoring software like Detective Mode and will ban them from using deception to gather any information from consumers. They also will prohibit the use of geolocation tracking without consumer consent and notice, and bar the use of fake software registration screens to collect personal information from consumers. In addition, DesignerWare will be barred from providing others with the means to commit illegal acts, and the seven rent-to-own stores will be prohibited from using information improperly gathered from consumers in connection with debt collection. All the proposed settlements contain record keeping requirements to allow the FTC to monitor compliance with the orders for the next 20 years.
    The full FTC Press Release is available here: FTC Halts Computer Spying


    ABOUT LAPIN LAW OFFICES

    Lapin Law Offices represents clients against credit reporting agencies who violate the Fair Credit Reporting Act (FCRA). In addition, we handle cases against debt collectors who harass, threaten or provide false information about a consumer to a credit reporting agency. We can be contacted at 402-421-8033 (or through our websites: Lapin Law Offices or StopBadCollectors.com. We offer a free initial consultation and do not collect a fee unless we get money for you.