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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.

Discover Bank To Refund $200 Million for Deceptive Marketing

By: Jeffrey LapinOn September 24, 2012, the Federal Deposit Insurance Corporation (FDIC) and the Consumer Financia ... http://bit.ly/PnSxnW

Tuesday, September 25, 2012

Texting & Driving - It Can Wait

Kudos to AT&T for launching its It Can Wait campaign to get young drivers to pledge not to text while behind the wheel.

Texting & Driving - It Can Wait | AT&T

Report Warns of Trampoline Dangers

Good article from ABC News about the dangers of trampolines. Report Warns of Trampoline Dangers - ABC News

Car distractions – USATODAY.com

Good article from USA Today, Car distractions, about an important, but overlooked driver distraction: text on car dashboards.


From the article: 

  • "Some text on car dashboards distract more than others."
  • "Text size and type font used in dashboard displays may be overlooked culprits in distracted driving."
  • "Of the nearly 900,000 crashes involving distracted driving reported to police in 2010, 26,000 involved adjusting devices or controls in a car, says the National Highway Traffic Safety Administration (NHTSA)."
  • "NHTSA's proposed guidelines require all dashboard functions to be possible with one or more two-second glances away from the road."

The 20 Worst PINs: Is Your ATM Code This Easy to Crack?

If you have one of the PIN codes from the article change it ASAP!!!

The 20 Worst PINs: Is Your ATM Code This Easy to Crack?

Monday, September 24, 2012

Texting While Driving - UI Design Newsletter

University of Utah study conducted to identify the impact of text messaging on simulated driving performance.

Findings: Drivers who were texting and driving: (1) responded more slowly to brake lights on the car in front of them; (2) showed impairments in forward control (e.g., more erratic following of a car in front) and lateral control (e.g., drifting across lanes); (3) and text-messaging drivers were involved in more crashes than drivers not engaged in text messaging

Other Findings: Drivers talking on the phone while driving adjusted to the mental processing priority of driving and talking depending on external task demands. By contrast, text messaging appears to be more consistent with a switching model of attention, in which attention is allocated in large part EITHER to driving OR to text messaging.

Conclusion: Do not text while driving. Also, enough attention is diverted to talking on the phone and driving that it should not be done either.

Texting while driving: Past issue - UI Design Newsletter

Your Credit Score: 3 Surprising Facts You Should Know


From the article: "Learning your credit score helps you gauge where you stand with lenders and credit card companies, which is a good step to take before you shop for credit. But credit scoring is fairly complicated, and misunderstandings abound. Here are three surprising facts you should know to interpret your credit score. . . "


Your Credit Score: 3 Surprising Facts You Should Know - TheStreet

Friday, September 21, 2012

The connected car: How to design compelling apps without causing accidents — Tech News and Analysis

Good article from GigaOm, The connected car: How to design compelling apps without causing accidents — Tech News and Analysis, about the the challenges for automakers and app makers to try and keep a driver focused on driving safely while trying to satisfy a driver's desire to remain "connected."

Article quote:
People are addicted to their mobile phones and tablets. But what happens when they want to go truly mobile in an automobile? Robert Acker, general manager of Aha by Harman, argues that the challenge is to deliver the mobile apps and services that consumers want in a way that makes safety the top priority.

Lapin Law Offices has blogged about the dangers of distracted driving. Some of our posts include:




Lapin Law Offices represents pedestrians injured as well as the families of pedestrians who are killed by motorists. To learn about your rights and what we can do for you, please contact us anytime (24/7) at 402-421-8033 (Lincoln), 888-525-8819 (toll free) or through our website: Lapin Law Offices.  We offer a free consultation and do not receive an attorney fee unless we collect money for you.

Lapin Law Offices

"Pay Me Maybe" - Office of the City Attorney: Money Mart Settlement

San Francisco City Attorney's Office created a video called “Pay Me Maybe,” based on the Carly Rae Jepsen song “Call Me Maybe” to inform California consumers who took out “pay day advance” loans from Money Mart stores. The City Attorney's Office wanted to make sure affected consumers filed their claim form before the October 1 deadline.

Video: http://www.youtube.com/watch?v=gHhf8YYCdhA&feature=player_embedded
Press Release: Office of the City Attorney : Money Mart Settlement

Thursday, September 20, 2012

Website questioned about unexpected credit card charges

The website is "MyLife.com." If you have an account at MyLife double-check your credit or debit card statements.

Website questioned about unexpected credit card charges – USATODAY.com

Digital inheritance

Quotes from the USA Today Article Digital inheritance:
Score one for dead trees.
Printed books and CDs might have the edge over their digital counterparts at one inevitable point of our lives: death.
Physical media -- music, books, movies -- usually can be passed on to heirs without overly burdensome legal complications. But when it comes to digital files, the legal landscape remains murky and has failed to keep up with the rapid pace of technological advancements, analysts say.
"This is an unsettled area of law," says Dazza Greenwood, president of Internet consulting firm Civics.com who frequently has dealt with the issue. "It's a little messy right now. Eventually more people are going to die and pressure will build for broader policy and practical solutions. There's a lot of confusion and misunderstanding right now."
Whether digital media can be willed to next of kin depends largely on ownership and is a question of much debate among lawyers who specialize in copyright law.
While consumers may be under the impression that they are "buying" songs, e-books and movies, many content sellers -- including Apple, Amazon and Google -- specify in their terms of service that they're merely offering a license to use, or effectively long-term rent, that isn't transferable, Greenwood says.

What happens to your digital content has become a significant issue as more things are kept in the "cloud" or the web. People should consider adding provisions within their wills to address what they want done with their digital content. In addition, people should give their personal representative power to enforce these provisions.

Digital inheritance – USATODAY.com

Protect Yourself From Current Scams: September 2012

By: Jeffrey LapinIn its October 2012 magazine, Consumer Reports published a very informative article about scams t ... http://bit.ly/Uts24i

Texas Widow Sues Over Husband’s Grave

A Texas widow already had to deal with saying goodbye to her beloved husband of 56 years and now? She doesn't even have the comfort of knowing where exactly his final resting place is. She's suing the cemetery that buried him in order to get confirmation of his location, because at first the cemetery told the family they'd have to pay up if they wanted that information.

http://dfw.cbslocal.com/2012/09/17/widow-sues-over-husbands-grave/

Wednesday, September 19, 2012

Medical Malpractice Payments Sunk in 2011

From The Public Citizen: Medical Malpractice Payments Sunk to Record Low in 2011 Skyrocketing Healthcare Costs and Rampant Medical Errors - Discredit the Promises Put Forth by Advocates of Tort Reform

Link to the release and report: Medical Malpractice Payments Sunk in 2011

In Prosecutors, Debt Collectors Find a Partner


From the article:
Letters are sent by the thousands to people across the country who have written bad checks, threatening them with jail if they do not pay up. 
They bear the seal and signature of the local district attorney’s office. But there is a catch: the letters are from debt-collection companies, which the prosecutors allow to use their letterhead. In return, the companies try to collect not only the unpaid check, but also high fees from debtors for a class on budgeting and financial responsibility, some of which goes back to the district attorneys’ offices.

My Comment: This "partnership" seems highly questionable on the part of district attorneys and seemingly violates the FDCPA, if not explicitly at least the purpose behind the FDCPA, which is to protect and inform consumers.


In Prosecutors, Debt Collectors Find a Partner - NYTimes.com

Older drivers face confusing array of license laws


There are several issues involved as drivers age including differing licensing laws. At some point, older Americans must give up their keys. The question is when and who should decide, if and when, a person is "too old to drive?"

Quotes from the article:
More older drivers are on the road than ever before, and an Associated Press review found they face a hodgepodge of state licensing rules that reflect scientific uncertainty and public angst over a growing question: How can we tell if it's time to give up the keys?
Thirty states plus the District of Columbia have some sort of older-age requirement for driver's licenses, ranging from more vision testing to making seniors renew their licenses more frequently than younger people. At what age? That's literally all over the map. Maryland starts eye exams at 40. Shorter license renewals kick in anywhere from age 59 in Georgia to 85 in Texas.
The issue attracted new attention when a 100-year-old driver backed over a group of schoolchildren in Los Angeles late last month. That's a rarity, but with an imminent surge in senior drivers, the federal government is proposing that all states take steps to address what the National Highway Traffic Safety Administration calls "the real and growing problem of older driver safety."
Here's the conundrum: "Birthdays don't kill. Health conditions do," said Joseph Coughlin, head of the Massachusetts Institute of Technology's AgeLab, which develops technologies to help older people stay active.
But ultimately, "the only way you can assess any driver at any age is to sit in the seat next to them and watch them drive," says Coughlin.

Older drivers face confusing array of license laws : The (402)/411

Security firm to hold zombie crisis scenario


Would you be prepared if attacked by zombies? 

The U.S. Centers for Disease Control and Prevention is ready for a zombie apocalypse. In the CDC's Preparedness 101 program, fictional zombies are used to remind Americans they must be ready for any emergency - even those stemming from brain-eating zombies. 

Security firm HALO Corporation, at its Annual Counter-Terrorism Summit in San Diego, will incorporate zombies into a disaster-crisis scenario. The summit will include about 1,000 military personnel, police officials, medical experts and federal workers.

Sounds like fun.


Security firm to hold zombie crisis scenario - Military News

Tuesday, September 18, 2012

Social media's clout worries legal system

Good article about social media and the legal system.

Quotes from the article:


Social media, which have become a familiar part of people's lives, increasingly are making themselves felt in the criminal-justice system, and attorneys and judges are concerned. In a traditionally closed system in which information is carefully meted out to ensure a fair process, social media can be disruptive.
Victims' and defendants' families are creating Facebook pages about cases. Attorneys have researched potential jurors on social-media sites. Gangsters are menacing witnesses with social-media postings. Journalists are texting and tweeting from the courtroom.
Jurors have used search engines during trials to look up information related to the case.


Social media's clout worries legal system

Juror Online Research: Traditional And Creative Approaches To Deterrence

Good article about the problems and two solutions to deter jurors from doing online research during a trial.

The Judge in the Apple vs. Samsung trial got jurors to agree to a deal: If they promised to avoid newspaper coverage and refrain from going online to seek information about the case, she would have her librarian keep track of all of the media coverage of the case and present it to the jurors as soon as the trial was over. No way to know if this worked or not but it is a good idea especially as many courts do not have not instructions that specifically address online searches and social media.

OpenDOAR Blog - Juror Online Research: Traditional And Creative Approaches To Deterrence

Monday, September 17, 2012

Complaints about illegal robocalls are rising

From the USA Today article:


Complaints to the government are up sharply about unwanted phone solicitations, raising questions about how well the federal "do-not-call" registry is working.
The biggest category of complaint: those annoying prerecorded pitches called robocalls that hawk everything from lower credit card interest rates to new windows for your home. . . .
Government figures show monthly robocall complaints have climbed from about 65,000 in October 2010 to more than 212,000 this April. More general complaints from people asking a telemarketer to stop calling them also rose during that period, from about 71,000 to 182,000.
At the same time, fewer telemarketers are checking the FTC list to see which numbers are off limits. In 2007, more than 65,000 telemarketers checked the list. Last year, only about 34,000 did so.

Lapin Law Offices represents Nebraskans against telemarketers who violate the Telephone Consumer Protection Act (TCPA). If you live in Nebraska and have received a robocall from a company that you have never done business with, have your phone number listed on the "Do Not Call List" or receive calls in the evening or early morning, contact us at 402-421-8033 (Lincoln, Nebraska) or 888-525-8819 (Toll Free), or through our websites, www.lapinlawoffices.com or www.stopbadcollectors.com, to learn if you have a case. We offer a free consultation (24/7) and if we do not collect a fee unless we get money for you.

Complaints about illegal robocalls are rising – USATODAY.com

1 Introduction - "CRIME" - The Illustrated Guide to Criminal Law

Nathaniel Burney, the author of the blog "The Criminal Lawyer," created a complete first-year Criminal Law course in comic form. The blog is well written and drawn. The illustrations explain some of the more complex criminal law issues. It is actually very informative and useful, even for attorneys who have not dealt with criminal law since law school and the bar exam.

1 Introduction - "CRIME" - The Illustrated Guide to Criminal Law

3 Scams That Are More Social Than Technical

Be wary of these internet scams: person contacts you and tries to get you to download malware; ransomware; and the "grandparent" gambit. 

3 Scams That Are More Social Than Technical

Friday, September 14, 2012

How to prevent phone and tablet theft

Minimize the chances of becoming the latest victim of personal-electronics thieves by keeping a low profile and being ready to remotely erase your private data.

How to prevent phone and tablet theft | How To - CNET

More con artists try phone scams

From USAToday:


Cellphones have made it easier to stay in touch, but they have also brought everyone closer to scam artists and tricksters, who are just a few numbers away from separating you from thousands of dollars.
Anyone with a phone number is a target, and there is no shortage of flim-flam schemes.
About 70% of spam text messages are financially motivated scams. 
It is almost always a phone scam when someone calls you and wants some kind of personal identifying information," says Katherine Hutt, spokeswoman at the Better Business Bureau. "Bank account number, Social Security number, credit card or debit card number -- when someone else initiates the call, they should not be asking you for that kind of information.


More con artists try phone scams – USATODAY.com

The CFPB's First Fourteen Months

By: Jeffrey B. LapinThe Consumer Financial Protection Bureau (CFPB), has now been in existence for fourteen (14 ... http://bit.ly/U2OGA5

Wednesday, September 12, 2012

In voter ID case, how big is the letter of the law?

Department of Justice complains about South Carolina's font size in one of its brief. While I understand that using a smaller font gives a party an advantage, I would not think that the DOJ would need to file an emergency motion on a Saturday night to strike the brief. Seems like the underlying case should be more important than font size. It is also noteworthy that probably all of the attorneys involved in the case are governmental employees and salaried and do not get to "bill" more for the motion.

In voter ID case, how big is the letter of the law?

Tuesday, September 11, 2012

Pinterest Hacked Accounts Spill Spam Onto Facebook, Twitter

Double-check your Facebook and Pinterest accounts to see if you have been hacked. 

There was very good advice in one of the comments: "Check the URL to help prevent phishing. Use SSL/TLS to help prevent man-in-the-middle attacks. Make sure anti-virus is up to date to help prevent payload deployment.. Even all of those can be bypassed using various techniques!"

Pinterest Hacked Accounts Spill Spam Onto Facebook, Twitter

City of Lincoln, Nebraska tells cell providers to pay up

The City of Lincoln, Nebraska, still had a pending case against SprintPCS for failure to pay about $800,000, which is the amount alleged is owed under Lincoln's 6% occupation tax, for the years 2005 to 2009.

Lincoln tells cell providers to pay up | Local News - KETV Home

Monday, September 10, 2012

Illustrated Court Filing in Oklahoma

Actual court filing by an attorney in Oklahoma. Apparently, the attorney thought that humor and illustrations were the best way to win his motion.

cdn.abovethelaw.com/uploads/2012/09/Smoot-response.pdf

Fired NYPD officer blames ticket quotas for fake summonses

"A cop who was canned for ticketing dead people says he was doing it to meet the NYPD’s supposedly non-existent monthly quotas."

Fired NYPD officer blames ticket quotas for fake summonses - NYPOST.com

Restauranteur sets up fake sex site profile to revenge bad review


Restaurant owner sets up a fake sex site profile and sends lewd e-mails to get revenge against a customer who posted a bad review of the restaurant. Canadian Judge finds restaurant owner guilty of libel.

Lessons to be learned: If you serve the public remember people have a right to express their opinions about the service they receive. You cannot make everyone happy all of the time and its really foolish to try.  If someone says bad about you most of the time you just have to let it go.


Sun News : Restauranteur sets up fake sex site profile to revenge bad review

Police seizure of text messages violated 4th Amendment, judge rules | Ars Technica


Rhode Island Judge rules text messages were illegally seized under the 4th Amendment when the police did not obtain a warrant. The Judge held, "It is objectively reasonable for people to expect the contents of their electronic text messages to remain private, especially vis-à-vis law enforcement."

This is somewhat contrasted by a federal Judge in Illinois that held that "sniffing" open wi-fi networks is not illegal wiretapping. This Illinois case seems to run counter to a 2011 decision, which is on appeal, suggesting  Google may have violated the law when its Street View cars intercepted fragments of traffic from open WiFi networks around the country.


Police seizure of text messages violated 4th Amendment, judge rules | Ars Technica

In re INNOVATIO IP VENTURES, LLC PATENT LITIGATION, Dist. Court, ND Illinois 2012

Friday, September 7, 2012

Police: Man nabbed in Lowe's toilet theft scam

Alternative headline: "Alleged Thief 'Flushed' When He 'Goes' To Cashier To Return Stolen Toilet"

Police: Man nabbed in Lowe's toilet theft scam - Local News - Pittsburgh, PA - NBCNews.com

CFPB’s first civil enforcement suit targets law firm

The Consumer Financial Protection Bureau (CFPB) has filed its first civil enforcement suit. Surprisingly, the suit is against a law firm, which allegedly conducted a mortgage relief scheme in which they promised to reduce mortgage and interest rates in exchange for an advance fee. CFPB alleges the law firm never took any action to modify the loans of the people who paid the fee.

CFPB’s first civil enforcement suit targets law firm

Thursday, September 6, 2012

Faced with a Five-Page Limit, Lawyer Files Cartoon Amicus Brief with Proper Font Size - News - ABA Journal

Faced with a Five-Page Limit, Lawyer Files Cartoon Amicus Brief with Proper Font Size - News - ABA Journal

Many card companies dumping credit-protection plans

"Credit card holders could soon be saying good-bye to some costly add-on products that promised peace-of-mind during a disaster, such as a job loss.

And many consumer groups say good-riddance. . . .

Credit card protection plans are under fire f
or deceptive marketing practices, and the Consumer Financial Protection Bureau has put all institutions on notice.

One concern is that the third-party outfits that often pitch these products might mislead consumers."


Many card companies dumping credit-protection plans – USATODAY.com

Tuesday, September 4, 2012

Proposed Federal Jury Instructions Regarding Electronic Communication and Social Media

Proposed Federal Model Jury Instructions from the Judicial Conference Committee on Court Administration and Case Management to discourage jurors from using smartphones and similar items (i.e. iPad) as well as social media to communicate or do any investigation about the case or parties before reaching a verdict.

www.uscourts.gov/uscourts/News/2012/jury-instructions.pdf