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. 

If you’ve just been in an accident, or been injured by someone, you might be wondering whether or not you should hire a lawyer.  If your injuries are very minor, such as a bruise or a little embarrassment, you might not need a lawyer, but it doesn’t hurt to contact one just in case you have a bigger legal claim than you think! 

If you’ve suffered moderate to severe injuries, you should definitely consult an attorney for assistance.  Did you know that in most cases a good attorney can help you get compensation for your injuries without even having to go to court? Most personal injury lawsuits are based on good fact-finding and steadfast negotiation more so than on black-and-white laws. Attorneys know these rules and the tricks other lawyers use to try to get around them.  For instance, do you know which questions the other side can, and can’t, ask you?  Probably not…  But lawyers are trained on these matters and can raise appropriate objections when necessary to prevent you from having to respond when you don’t need to.  While this sounds simple enough, many a case has been won or lost on simple facts.  

Also, when it comes to negotiating a settlement on your own, you will almost always fare worse than if you had a lawyer’s help.  Experienced attorneys know the average settlement range for similar injuries in the courts in your area.  Also, they know how the laws would be treated in your particular case and how such circumstances would either entitle you to more or less than the average award. 

Finally – let the pros handle the process.  Lawyers know the legal process like the backs of their hands.  Usually, you don’t.   So going it alone would be like going from your neighborhood kickboxing class to the boxing championships…    While there certainly isn’t anything wrong with being an amateur, when your legal rights are at stake your odds of prevailing are best protected if you go heavyweight-t0-heavyweight. 

At the end of the day, talk to an attorney in the beginning to figure out how best to protect your legal rights. So schedule an initial consultation – most times they’re free. 

Learn more about accidents and injuries in LawInfo’s Free Legal Resource Center.

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!

I just read a news article posted on the ABA Journal website about new border control search and seizure standards.  Specifically, it appears the new government standards allow “[d]ocuments and electronic devices seized by border control agents [to] be copied without any suspicion of wrongdoing…”  According to the U.S. Customs and Border Protection Office, customs officers need to dispense with probable cause as a prerequisite to a search in order to effectively fight terrorism. Read the ABA Journal article by clicking here.

U.S. Customs and Border Protections Officers are responsible for ensuring compliance with customs, immigration, and other Federal laws at the border.  Like in other law enforcement matters, CBS Officers previously needed probable cause before searching a person at the border or seizing their property.  Probable cause is a reasonable belief that a person has committed a crime.  Requiring officers to have probable cause before they can search you is intended to help protect our privacy and basic constitutional rights.  Under the new guidelines, if after searching and seizing someone’s property, the officer doesn’t have a reasonable belief that a crime has been committed, then the property is returned or destroyed: 

“Officers may detain documents and electronic devices, or copies thereof, for a reasonable period of time to perform a thorough border search. The search may take place on-site or at an off-site location. … if after reviewing the information there is not probable cause to seize it, any copies of the information must be destroyed.” 

Apparently, uncovering vital law enforcement information about terrorism and other matters is more important than the suspension of our constitutional rights:   

“…examinations of documents and electronic devices are a crucial tool for detecting information concerning terrorism, narcotics smuggling, and other national security matters; alien admissibility; contraband including child pornography, monetary instruments, and information in violation of copyright or trademark laws; and evidence of embargo violations or other import or export control laws.”

This new policy means the government can seize your laptop, ipod, cell phone or other electronic device, and retain it in order to search it either on-site or off-site…. without any suspicion that you’ve committed a crime or committed any wrongdoing.  Read the Department of Homeland Security’s information about the new policies here.   Alternatively, a new bill may require at least a “reasonable suspicion of wrongdoing” before searching and seizing your electronic devices, as recently reported by the ABA. 

Now, I won’t even pretend to know how difficult law enforcement jobs are – those men and women who fight terrorism and criminals in order to preserve our safety, security and freedoms are some of the most honorable men and woman I can think of.  I support giving them the tools they need to effectively do their jobs.  However, I know there are a lot of opinions out there on this new policy. 

What makes you feel comfortable, safe, and protected?

WiFi internet access—cable-free and loving it! WiFi capability is the best thing since cordless phones…and one of the easiest things to tap into. While it can be tempting to take advantage of an unsecured network to save money, there are clear disadvantages to using someone else’s wireless service—for both the service subscriber and the one riding piggy-back.

For WiFi service subscribers, the first disadvantage is that when others log on to their networks, it eats up bandwidth which makes for a slow internet connection. In addition, if the service subscriber has a bandwidth limit, the service may be cut off if usage is exceeded, or an additional sum may be tacked onto the bill. Also, people using the network could potentially access other computers on the network, if users have set their computers to share data, and this could compromise the security of all computers involved.

For someone who is “piggy-backing” on someone else’s WiFi service, the primary disadvantage is that the service could suddenly get cut off, as the service subscriber may decide to block their service to outside parties at any given time. Further, in some states, people can be prosecuted for theft of Internet service, and they may be required to pay fines, perform community service, or be penalized in some other way.

However, there are instances when using someone else’s wireless service isn’t always pushing legal boundaries. Sometimes neighbors may band together to share the service so that the bill can be split between them. In other cases, people who believe that Internet access should be available to all may leave their networks unsecured so that others within a reasonable distance can access them as well.

Although some WiFi enthusiasts welcome others to log on through their network by leaving their service unprotected, if you choose to log onto a service that is not yours and you have not received permission to do so, you do set yourself up for possible legal penalties. Click here for more information on WiFi pirating, or to learn about internet laws for your state, contact a Lead Counsel Consumer Protection Attorney in your area today.

Anyone who has ever received an email knows all too well the evil and iniquity that is SPAM. SPAM is unsolicited, non-compensated commercial electronic mail sent in bulk that is usually fraudulent or deceptive in nature. On December 16, 2003, President Bush signed into law the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act), which establishes a framework of administrative, civil, and criminal tools to help consumers, businesses, and families combat unsolicited commercial email. This law requires all commercial email messages to be identified as such and include an “opt-out” for recipients, prohibits commercial email that contains fraudulent headers or sexually explicit material, prohibits commercial email sent to addresses via an automated directory mechanism, and subjects civil and criminal penalties upon senders (spammers) who violate these terms.

While large businesses have routinely sued “spamvertisers” in court, individuals have had little recourse for compensation, monetary or otherwise. The anti-SPAM law grants consumers the right to sue on criminal grounds if just one piece of unmarked, unsolicited pornographic material is received. This law acts in conjunction with the Federal Trade Commission (FCC) and other federal agencies to reduce or eliminate the viewing of sexually explicit material by minors. If spammers knowingly violate the requirements as set forth by the anti-SPAM law, they can be faced with fines or imprisonment.

Unlike telemarketing calls or third-class mail, which generally comes from legitimate businesses, SPAM is largely fraudulent and is not paid for by the sender. In fact, SPAM can actually cost the recipient. SPAM currently accounts for over half of all email traffic. This flooding of SPAM imposes significant costs on businesses and individuals who pay for disc space charges, connect time, long-distance net connections, etc. that have to accommodate the junk email. Thus, SPAM directly costs the consumer and their Internet Service Provider (ISP) to transmit, whether it is read or not. And, since telemarketing companies pay for phone charges and third-class mailers pay postage fees, these advertisers are more apt to spend their resources on potential clientele, whereas spammers can obtain email accounts through a mass-mailing directory, and send out free messages to an infinite number of people.

If you are being hit hard by SPAM, there are a number of things you can do. First, contact your ISP provider and alert them of the problem. They will likely tell you to forward the junk email(s) to them, wherein they can investigate the origin and proceed in having the spammer’s ISP account cancelled. If the spammer’s ISP refuses to take action, there are organizations that not only provide filtering software and blocking systems to download, but will also aid you in your fight to track and shut down the spammer. Since the internet is growing at such an explosive rate, and spammers are becoming more professional in their work (and moving faster than the laws set up to deter them), it is difficult to apprehend every spammer that invades your account. However, if the SPAM involves pornographic material or clearly demonstrates fraudulent practices, you and your family have rights under the anti-SPAM law, and are encouraged to proceed accordingly.

To find out more about filtering software or anti-SPAM organizations, visit www.junkbusters.com, or www.spambusters.com. To report a fraudulent SPAM, forward the email to uce@ftc.gov for the Federal Trade Commission to add to their database. For further legal information about SPAM, or to contact a LawInfo Lead Counsel criminal litigation attorney to discuss your SPAM case, click here.

We’ve all seen those clever Capital One credit card commercials showing one person, but hearing another person’s voice, illustrating identity theft and fraud.  Has someone used your personal information to open credit cards accounts and not pay the bill?  The FTC estimates that as many as 9 million Americans have their identities stolen each year.

If you’re identity has been stolen, the credit card company or a debt collection company usually tracks you down at some point to demand payment. As a result, your credit report probably shows negative information about your bill-payment history, and your credit score has probably been lowered considerably, making it difficult or impossible to obtain new credit yourself.

What can you do?  You can file a police report, file a complaint with the Federal Trade Commission and your state Attorney General, place fraud alerts on your credit report, close any unauthorized accounts, and submit formal disputes of any unauthorized charges.  Creditors will likely ask you to complete a fraud affidavit.  The FTC has a standardized form affidavit available.  Find additional forms and guides in LawInfo’s Free Legal Resource Center. 

Watch this informative video from the Federal Trade Commission about deterring, detecting and defending against Identity Theft. 

According to U.S. Health Officials, 1 in 4 teenage girls has a sexually transmitted disease.  The Center for Disease Control is recommending not only annual screening for the top std infections, but also vaccinations.  (See the news release here.)  HPV (Human Papillomavirus) is one of the leading stds in the report and one for which a vaccine is available.  As if the staggering infection rates weren’t sad enough … HPV can be prevented with a simple vaccine?  Then WHY, someone tell me, do 25% of young girls have it!  One reason could be the current CDC regulations requiring a parent or guardian to be informed in writing about the benefits and potential risks of any vaccine before it is administered to a minor. 

Advocates have argued for decades that many young women will not discuss stds with a health care professional out of fear that personal medical information may not be confidential – that their parents will find out.  Largely due to this reason, both federal and state laws protect teen privacy when it comes to sexual health.  Two Federal laws – Title X (42 U.S.C. § 300 et seq.) and Medicaid - protect teens’ privacy and prohibit parental consent when teens seek reproductive services from federally funded family planning services or low-income services.  In exchange for receiving monies from the federal government, those programs require that all patients be treated confidentially, including teens.   Further, while state laws vary, all 50 states and the District of Columbia have laws specifically allowing minors to consent to testing and treatment for sexually transmitted diseases and infections, including HIV, without their parents’ knowledge.  With the exception of abortion, lawmakers have generally resisted attempts to impose a parental consent or notification requirement on minors’ access to reproductive health care and other sensitive services. There are even attempts to require government funding for the HPV vaccine in some states.  Hence, all cylinders appear to be firing in the legal fight to protect teens from preventable stds! 

However, current CDC regulations require that parents be informed in writing about the risks and benefits of a vaccination before the vaccine can be administered to a minor.  Efforts appear to have been on the rise to legally mandate parental involvement in teens’ reproductive health matters.

Learn more about the safety of the HPV Vaccine, Gardasil, on the FDA website. 

Should there be confidential care for teenage std screening and treatment?  Or should parental consent be required for doctors to discuss std treatment and prevention with teens? 

Ok, so now I’ve written about a break-ups and staying together….. but what happens when it doesn’t work out? What should you do?? Well, if your relationship ends, here’s one thing NOT to do….. Don’t be a stalker!!

Don’t call her endlessly. Don’t show up at her door unannounced. Don’t peer in her windows at night in hopes of catching a glimpse of the life you used to live with her. Ah, yeah… that could be considered stalking. Stalking is a big no-no! Stalkers may not even be exes – the guy who lives across the street, or the timid guy at work, or the woman who sees you regularly in the grocery store. Most people hear of celebrity stalkers, but stalkers can be anyone.

Ever have that feeling you’re being watched?? Ever turned the corner and saw some strange person standing there wearing a special kind of grin? Ever looked outside your window and seen someone trying to climb in??? (This actually happened to a friend of mine!) YIKES!

Victims of stalking can seek protective orders / restraining orders in the court system to keep the stalker at bay. The exact legal definition of stalking varies from state to state, but just about all states have laws prohibiting the kind of harassment typically known as stalking.

If you feel you may have a stalker – or if you are in fear of your safety for any reason – contact the police immediately. An experienced attorney can help you determine your legal options against the stalker and to bring some peace of mind back into your life.

 For information about stalking, see the federal Office for Victims of Crime brochure on Stalking Victimization.