Do you have a complaint about your mortgage lender or broker regarding your interest rate, prepayment penalties, fraud, deception, or other matter regarding your home?  First, try to resolve the problem directly with your bank or broker.  If you are unsuccessful, however, I highly recommend you contact an attorney to discuss your legal options.  There are a variety of federal and state laws protecting consumers’ financial rights.  For instance, lenders and brokers are required to provide certain disclosures to borrowers about rates, fees, and other terms and conditions of lending.  If a lender or broker has violated any of the applicable laws, there will be certain legal remedies available to you.  Find an attorney through LawInfo’s online attorney directory. 

In addition to seeking advice from an attorney about your particular situation, you should know that you can make a complaint about a financial institution to various government agencies.  Below is information about how you can submit a complaint to the appropriate agency.   

Federal Deposit Insurance Corporation

The Federal Deposit Insurance Corporation (FDIC) handles complaints about FDIC insured state banks which are not members of the Federal Reserve System.  You can submit a complaint about your financial institution by completing the FDIC Customer Assistance Online Form.  You can also contact the FDIC by mail or phone:

Federal Deposit Insurance Corporation
Division of Compliance
1730 Pennsylvania Ave
7th Floor
Washington DC 20429
(877) 275-3342

Comptroller of the Currency

The Office of the Comptroller of the Currency (OCC) is a bureau of the U.S. Department of the Treasury.  The OCC handles complaints about National Banks. (Usually banks that have “National” in their name or “N.A.” after their names.) You can submit a complaint by completing the OCC Online Customer Complaint Form.  You can also contact the OCC by mail or phone:

Comptroller of the Currency
Compliance Management
250 E Street SW
Mail Stop 3-9
Washington DC 20219
(800) 613-6743
www.occ.treas.gov

Office of Thrift Supervision

The Office of Thrift Supervision handles complaints about Federal savings and loans, and also Federal savings banks.  You can submit a complaint about your financial institution by completing the OTS Consumer Complaint Form and mail or fax your complaint to:

Office of Thrift Supervision
Consumer Affairs Division
1700 G Street NW
Washington DC 20552
(800) 842-6929 
FAX:  202-906-7342
www.ots.treas.gov

Federal Trade Commission

The Federal Trade Commission handles complaints concerning most non-bank lenders, such as, mortgage and finance companies and state credit unions.  You can submit your complaint through the FTC’s Online Complaint Assistant. (Note:  The FTC Online Complaint Assistant is sort of a one-stop-shop for a variety of complaints collected by the FTC (including complaints about non-financial companies, business practices, identity theft, and episodes of violence in the media), so don’t get confused if you see questions related to these topics when using the Online Complaint Assistant…  just answer yes/no when going through the process so that your complaint can be directed to the right place.)   You can also contact the FTC directly:

Federal Trade Commission
Consumer Response Center
600 Pennsylvania Avenue, N.W.
Washington DC 20580
(877) 382-4357
www.ftc.gov

The Federal Reserve Board

The Federal Reserve Board handles complaints and regulates state-chartered banks and trusts. The agency also administers Truth-in-Lending, Equal Credit Opportunity Act, and Fair Credit Reporting Act.  You can submit your complaint by completing the Federal Reserve Board Online Complaint Form.  You can also download the form and submit it to the Federal Reserve Board by mail or fax:

Federal Reserve Consumer Help
PO Box 1200, Minneapolis, MN 55480
Fax: 877-888-2520

Division of Consumer and
Community Affairs
(202) 452-3693
www.federalreserve.gov

National Credit Union Administration

The National Credit Union Administration handles complaints about National Credit Unions. For Federal Credit Union (a credit union with the word “federal” contained in its name or any credit union in Delaware, South Dakota, Wyoming or Washington, DC), NCUA is the regulator.   You can file a formal complaint by sending the NCUA a letter – no special form is required – to the NCUA regional office for your state.  Find the NCUA regional office for your state by clicking here.

National Credit Union
Administration
1775 Duke Street
Alexandria VA 22314-3428
(703) 518-6300
www.ncua.gov

State charted Credit Union:  A credit union without the word “federal” as part of its name and not located in Delaware, South Dakota, Wyoming or Washington, DC, is probably regulated by a  state supervisory authority where the credit union’s main branch is located.  If your complaint is about a state-chartered credit union, you can find the appropriate contact information to make a complaint by clicking here. 

If you’re not sure if your credit union is state or federal, you can use the Find a Credit Union (link) to search by name and look up the credit union’s charter number.  Federal credit unions have charter numbers under 60000, state-chartered credit unions have charter numbers greater than 60000.

Department of Veterans Affairs

The Department of Veterans Affairs handles complaints about loans guaranteed by Veterans Affairs.  Contact the VA Regional Loan Center by clicking here. 

Department of Veterans Affairs
Consumer Affairs Service
810 Vermont Avenue, NW
Washington DC 20420
(202) 273-5770
www.va.gov Handles complaints about loans guaranteed by Veterans Affairs.

Wildfires again in the news…    Reminds me of a recent fire scare at a local business here in San Diego.  The company conducted evacuation procedures in accordance with its policies to protect employees from possible injury from a fire hazard.  With the recent fires in the news, I can’t help but wonder how many employers actually understand their legal obligations when it comes to fire safety. 

Under the law, employers are responsible for providing a safe and healthful workplace for their employees – one that is free from hazards likely to cause death or serious physical harm.  With regard to fire safety, OSHA regulations require employers to comply with hazard-specific safety and health standards as issued and enforced either by the Occupational Safety and Health Administration (OSHA) or by an OSHA-approved State Plan. Employers can be cited for violating these laws and regulations if there is a recognized hazard, and they do not take reasonable steps to prevent or abate the hazard.

The problem, though, is that many employers don’t know how to comply with OSHA regulations… or, worse, don’t even know there are rules they’re required to follow!  That’s where I can hopefully help!  OSHA publishes various manuals to help businesses understand their obligations with regard to workplace safety.  While not the official rules, the guides can help businesses in their compliance efforts.  I’ve provided OSHA’s manual regarding Fire Safety below for your reference.  It provides a general overview of OSHA’s fire safety standards and fire emergency protection guidelines.

This comprehensive overview manual from OSHA explains how fire service operations can be influenced by different building features and offers considerations for design professionals that can help facilitate these operations. The manual includes chapters and narratives on building and site design, sprinkler systems, standpipe systems, fire department connections, fire alarm and communications systems, as well as various firefighting systems.   To access the manual, click here.

Learn more about OSHA regulations in LawInfo’s Free Legal Resource Center.  For more information conact an OSHA attorney or a general employment attorney by visiting LawInfo’s attorney directory.

California is one of the states that has been pretty progressive in adoption law and, as such, is a popular adoption state.  Many families are seeking information about how to adopt a child in California, including step-parent and domestic partner adoptions.  Below are some resources about the basics to help you familiarize yourself with the process.  However, as there are sometimes pretty complicated issues involved in adoption, you may decide at some point to seek assistance from an adoption attorney.

General Resources regarding adoption:

 Adoption Options 

Stepparent Adoption

The Adoption Home Study Process – Factsheet for Families

Background Checks for Prospective Adoptive Parents

Court Jurisdiction and Venue for Adoption Petitions

California-specific adoption resources:

Directory of California Adoption Agencies

How To Adopt a Child in California

Adoption Request

Adoption Expenses

Agreement Regarding Contact After Adoption

Request to: Enforce, Change, End Contact After Adoption Agreement

Disability Insurance (DI) and Paid Family Leave (PFL) for New Adoptive Parents

You can also browse LawInfo’s Free Legal Resource Center for comprehensive information about adoption and other family law matters including frequently asked questions, forms, legal guides, brochures, videos, and more!  You can also find an attorney right in your area who focuses on adoption law. 

Good luck!

Credit card and debit card fraud is more widespread than in the past.  In fact, the FTC reports that such fraud costs hundreds of millions of dollars each year in losses to cardholders as well as the credit card companies and issuers.  It can happen in a variety of ways ranging from the theft of your wallet or purse to “dumpster diving” (rummaging through your trash) to find copies of your card card or bank statements.  Thieves can even watch you enter your credit card number into your  mobile phone from a distance away – called “shoulder surfing” and listen in on your conversation to capture additional sensitive information.  In many cases, thieves may even be using your credit card without you even realizing the unauthorized charges are being made to your account. 

As soon as you realize your credit or debit card has been lost or stolen, or you notice unauthorized charges to your account, contact the issuer immediately to report the problem.  There are a variety of laws in place designed to limit your liability for the charges if you report it promptly.  Also, many issuers offer “zero liability” programs which also strive to limit your liability for the unauthorized charges to your account when promptly reported.  Once you report it, the law protects you against any further unauthorized charges.  Also, visit any of the three credit bureaus, Equifax, Experian, or TransUnion, for more information or to place a fraud alert on your credit report.

No matter how careful you are, though, fraud still does happen sometimes.  Here are a few tips from the FBI to help minimize your chances of becoming a victim of credit card fraud:

• Don’t give out your credit card number(s) online unless the site is a secure and reputable site. Sometimes a tiny icon of a padlock appears to symbolize a higher level of security to transmit data. This icon is not a guarantee of a secure site, but might provide you some assurance.
• Don’t trust a site just because it claims to be secure.
• Before using the site, check out the security/encryption software it uses.
• Make sure you are purchasing merchandise from a reputable source.
• Do your homework on the individual or company to ensure that they are legitimate.
• Try to obtain a physical address rather than merely a post office box and a phone number, call the seller to see if the number is correct and working.
• Send them e-mail to see if they have an active e-mail address and be wary of sellers who use free e-mail services where a credit card wasn’t required to open the account.
• Consider not purchasing from sellers who won’t provide you with this type of information.
• Check with the Better Business Bureau from the seller’s area.
• Check out other web sites regarding this person/company.
• Don’t judge a person/company by their web site.
• Be cautious when responding to special offers (especially through unsolicited e-mail).
• Be cautious when dealing with individuals/companies from outside your own country.
• The safest way to purchase items via the Internet is by credit card because you can often dispute the charges if something is wrong.
• Make sure the transaction is secure when you electronically send your credit card numbers.
• You should also keep a list of all your credit cards and account information along with the card issuer’s contact information. If anything looks suspicious or you lose your credit card(s) you should contact the card issuer immediately.

In addition to the tips above, the U.S. Department of Justice has a catchy phrase to help you remember important ways to protect yourself.  You just remember the word “SCAM”:

“S”  –    Be stingy about giving out your personal information to others unless you have a reason to trust them, regardless of where you are at home, traveling, talking on the telephone, or otherwise;
“C”  –    Check your financial information regularly, and look for what should be there and what shouldn’t; 
“A”  –    Ask periodically for a copy of your credit report.
“M”  –    Maintain careful records of your banking and financial accounts.

For many of us, summer vacation is the time to relax, enjoy and have some fun!  Many of us take vacation to popular destinations such as sunny Southern California, Hawaii, or Florida.  However, we’re increasingly heading abroad for a summer trip.  Even college summer-abroad programs are on the rise.   All U.S. citizens should familiarize themselves with travel and safety precautions.  And if things go wrong… you’ll want to know what to do to protect yourself. 

The U.S. Department of State website provides valuable and helpful information for U.S. citizens travelling abroad.  Here are some great resources in the event you need them:

Lost or Stolen Passports Abroad

Emergency Financial Assistance for U.S. Citizens Abroad

Sending Money to U.S. Citizens Overseas

Assistance to U.S. Citizens Arrested Abroad

Locating U.S. Citizens Abroad in the Event of an Emergency

Medical Emergencies Involving U.S. Citizens Abroad

Medical Insurance Coverage Abroad

Death of U.S. Citizens Abroad

Marriage and Divorce Abroad

Registering with the Embassies Abroad

Help for American Victims of Crimes Overseas

Tips for Traveling Abroad

Student Safety Overseas

Finding an Attorney Overseas

A friend of mine recently received a letter in the mail from a well-known credit card company threatening to sue if he didn’t pay approximately $6,000 in charges to the account that had not been paid in months. Here’s the problem – my friend did not have an account with this credit card company, never had an account with them, and was completely unaware of any account in his name.  Apparently, some unscrupulous person had taken out the credit card in his name some years ago, racked up thousands of dollars in charges, and, obviously, left them unpaid.  Now my friend has to deal with not only being a victim of identity theft and credit card fraud, but also has to deal with these charges or else risk serious consequences with his credit.  Unfortunately, this story probably resonates with too many of you. 

Here are some tips from the FBI to avoid credit card fraud: 

• Don’t give out your credit card number(s) online unless the site is a secure and reputable site. Sometimes a tiny icon of a padlock appears to symbolize a higher level of security to transmit data. This icon is not a guarantee of a secure site, but might provide you some assurance.

• Don’t trust a site just because it claims to be secure.

• Before using the site, check out the security/encryption software it uses.

• Make sure you are purchasing merchandise from a reputable source.

• Do your homework on the individual or company to ensure that they are legitimate.

• Try to obtain a physical address rather than merely a post office box and a phone number, call the seller to see if the number is correct and working.

• Send them e-mail to see if they have an active e-mail address and be wary of sellers who use free e-mail services where a credit card wasn’t required to open the account.

• Consider not purchasing from sellers who won’t provide you with this type of information.

• Check with the Better Business Bureau from the seller’s area.

• Check out other web sites regarding this person/company.

• Don’t judge a person/company by their web site.

• Be cautious when responding to special offers (especially through unsolicited e-mail).

• Be cautious when dealing with individuals/companies from outside your own country.

• The safest way to purchase items via the Internet is by credit card because you can often dispute the charges if something is wrong.

• Make sure the transaction is secure when you electronically send your credit card numbers.

• You should also keep a list of all your credit cards and account information along with the card issuer’s contact information. If anything looks suspicious or you lose your credit card(s) you should contact the card issuer immediately.

If you’ve already been a victim of credit card fraud, contact an attorney immediately to discuss what legal rights you have to get out of the mess and help protect your credit.  You should also notify the Federal Trade Commission about possible identity theft.  Read the FTC’s online brochure about recovering from identity theft by clicking here. 

I love eBay…  just love it.  The whole idea of it, the convenience, the opportunities, the company itself… not to mention the bargains!  What you may not realize, however, is that consumer product safety laws and regulations apply to anyone who sells or distributes consumer products.  The laws cover not only products resold at thrift stores, consignment stores, and charities, but also products sold by individuals holding yard sales, through online ads like those on Craigslist, and through online auctions like eBay.  

While you aren’t required to go so far as to test your products for safety, you can’t knowingly sell products that do not meet the requirements of the law.  AND … ignorance of the law is not an excuse! 

The U.S. Consumer Product Safety Commission (CPSC) published a handbook for resellers of used products to help them comply with the law… and help keep unsafe products out of the hands of consumers.

Among the kinds of products you CAN’T resell are the following:

•  Products that have been recalled by CPSC.

•  Toys and other articles intended for use by children, and any furniture, with paint or other surface coatings containing lead over specified amounts.

•  Products primarily intended for children age 12 or younger with lead content over a specific amount.

•  Certain toys or child care articles that contain any one of six prohibited chemicals known as phthalates, which are primarily used as plasticizers.

•  Other products that violate CPSC’s safety standards, bans, rules or regulations or otherwise present a substantial product hazard.

If you end up violating the consumer product safety laws, then you could be subject to a number of penalties!   CPSC may respond in a variety of ways, however, depending upon the circumstances, including the nature of the product defect, the number of products, the severity of the risk of injury associated with the product and the type of violation.

By all means… don’t freak out and stop selling your items on eBay!  Just pay attention to what’s in the news about dangerous or unsafe products (who hasn’t heard about the lead paint issues with kids’ toys), use your common sense, and it doesn’t hurt to periodically check out the recalled products lists.   You might be surprised to learn that CPSC recalls several hundred types of consumer products every year.  Before taking selling a product, especially children’s toys, cribs, and other kid stuff, check the CPSC Web site for dangerous recalled products.  You can search by product type, company name, product description, hazard, country of manufacture and by the month and year in which the recall took place.  Check out recalls at www.recalls.gov and other information at www.cpsc.gov.   View the CPSC Handbook by clicking here.

Remember, if you have concerns about an unsafe product or have been injured by one, contact an attorney in your area today so you can best protect your legal rights.

If you’ve been arrested, you and your family are undoubtedly very concerned about what will happen to you.  Here are a few tips about what NOT to do, and what TO do if you’re been arrested.

WHAT TO DO: First and foremost – contact a criminal attorney in your area as soon as possible.  An attorney can help you get released, or can help you post bail, and will also explain your legal options.  Most importantly, an attorney will basically take over in terms of dealing with the police and with the prosecuting attorney. To find a criminal defense attorney in your area, click here: www.lawinfo.com.

You may be able to get out of jail either on your “own recognizance,” whereby you promise the court you’ll return at a later date and they believe you, or by posting bail.  Bail is basically money given to the court in exchange for your promise to return to court at a later date.  If you can’t post the entire bail amount, you may be able to get a bail bond by paying a bondsperson a bail premium.  If bail is set excessively high, your attorney may be able to negotiate it down with the court. 

WHAT NOT TO DO:  Remember – you have the right to remain silent and have an attorney present during police questioning. So, BE CAREFUL WHAT YOU SAY!  Even if the police aren’t in immediate earshot… they might still be able to hear anything you say, including in the police car, in the prison yard, or elsewhere on the jail grounds. Also, don’t make any decisions about what to do in your case until you talk to your lawyer – this includes decisions about whether or not to take a plea bargain, comment on another case, provide information about other suspects or discuss any of the facts of your situation.   

Also, don’t get into more trouble by having a bad attitude, “mouthing off” or getting into fights. Altercations with the police, prison guards or others in jail is only likely to make your situation worse, not better.

Are you facing a legal issue?  Have you been sued, or are you wondering about foreclosure?  Did you just have a medical procedure that didn’t turn out as you expected?  Is bankruptcy looming?  What about your family life – are you and your spouse considering divorce?  Do you need to update your will?  Has someone you love been arrested for a DUI? 

These are examples of only some of the most common legal issues.  The fact is we actually deal with the law more than most people think.  More importantly, when we face a legal issue, many of us might not know where to turn for answers.  The legal system can certainly be overwhelming – especially because the consequences are often so grave. 

Since 1994, LawInfo has been providing the public with quality legal resources they can count on.  The idea for the company even came out of the founder’s own legal needs!  How do you find the right attorney?  How do you know the attorneys you contact are in good standing with the state bar association?  What if you want to learn about a legal issue before you talk to a lawyer?  Well, these are the reasons LawInfo was established!  LawInfo has a whole library of information about the most common legal issues including answers to frequently asked questions, articles, legal guides, legal forms, and other information – ALL FREE TO THE PUBLIC!  The really great thing is this – you can also easily find an attorney who will understand your legal needs.  It’s all designed to help the public – help someone find answers they need and find an attorney who can help them. 

Learn more about LawInfo’s Free Legal Resource Center and Find the Right Attorney in your area today!

So you have been injured and are looking to pursue legal action. Hiring the right personal injury attorney for the job is critical and can literally make or break your case. When meeting with an attorney for the first time, there are a lot of questions that need to be asked to decipher if an attorney is a viable fit for your case, and for you personally.

The following are the top ten questions that should be discussed in your first meeting with a personal injury lawyer:

1. How many years have you practiced law, specifically personal injury?

Your prospective personal injury attorney should not be a newbie, but a trained, seasoned professional. Younger attorneys, although they may be used to perform some of the work on your case, should not be given full case-management authority until they have a little more experience under their belt.

2. Have you taken cases like mine to trial or settlement, and if so, how many?

An experienced personal injury attorney will have taken several cases like yours to trial and/or settlement. This answer is an indicator of the prospective attorney’s skill and success rate.

3. How much of your practice focuses on personal injury cases like mine?

A personal injury attorney should focus at least 75% of his or her time on the subject matter involved in your case.

4. Will you use other attorneys or paralegals on my case?

Other attorneys and paralegals are often used to perform important tasks, but should play a limited role. It is important that you ask to meet them and use your own personal judgment to evaluate them. Even though the subject matter and law governing your case might be unfamiliar to you, you should not discount your ability to size-up potential legal staff.

5. What is your policy regarding returning my phone calls?

The most frequent complaint of clients is unreturned phone calls. Your attorney should have a 24-hour turnaround on client phone calls, taking into consideration unforeseeable circumstances. It’s a good idea to have this policy written into your retainer agreement with your attorney to ensure compliance.

6. Will you explain to me all of the court procedures, legal concepts, fee arrangements, billing practices, retainer agreements, and payments of costs?

These questions are often time-consuming, but very important. Your attorney should explain to you, in detail, all of the above matters thoroughly.

7. What is your method or strategy for handling cases like mine?

An experienced personal injury attorney should have a streamlined process for “working-up” cases like yours. The level of detail contained in the attorney’s process will demonstrate his or her organization skills and familiarity with the subject matter and law of your case.

8. What is the likelihood of a quick settlement or trial?

Taken from legal horror stories of the past, beware of the attorney who promises a quick settlement or trial! However, your attorney should be able to provide a well-reasoned estimate of the time necessary to reach disposition of your case.

9. Do I even have a case? And if so, what do you think my chances are for receiving a settlement?

An experienced attorney should be able to inform you if your case is worth pursuing and/or if there exists a possibility of recovery. Sometimes people are hurt, injured, or suffer injustice and there is no legal remedy. A good attorney will provide you with his or her strategy for your case, explaining the steps they will take and the likelihood of your success at trial or settlement.

10. Do you have a policy of professional liability insurance?

Like doctors, all attorneys, personal injury or otherwise, should maintain a malpractice insurance policy in the event that mistakes occur on your case.

For more information about personal injury attorneys, or to discuss your personal injury case, click here.