Taking Back Our Data: Cutting Down on Data Tracking

By: Dylan Sheji 

In my last blog post, I told you about how data tracking and data brokers operate, and how they are gaining access to your Internet data. Now that you know who is looking at your data and how they are getting it, this blog post will discuss several methods to limit the amount of your data available online for data brokers. These methods range from simple Internet maintenance to downloading third party apps and extensions that inform you what companies are tracking the sites we visit and provide options for stopping this tracking.

The easiest is to delete your browser’s cookies and data every time you finish browsing. To do so, go to your browser’s preferences and go to the “Privacy” section. In this section select either “clear browsing data” or “remove all website data” to remove cookies. Deleting cookies breaks the link between the user and the cookie identifier assigned to the computer. Yet this doesn’t stop the tracking because, upon the next browse, the server will assume a new person has visited the site and re-assign a cookie value. And some cookies can get around deletion entirely. Flash cookies, a newer type of cookie, allows for the “re-spawning” of cookies, which allows companies to reinstate deleted cookies. Still, deleting your cookies and browser data is a helpful method to cut down on tracking and to free up data on your computer.

Browsers also have options to opt out of tracking on the browser. These options are still located in the Preferences > Privacy tabs of the browser. However opting out has limits, and opting out of one company’s data mining doesn’t prevent another company from mining your data. On Google Chrome, you can have Chrome send a “Do Not Track” request with your browsing traffic. On Safari, under “Privacy” options choose to block cookies and other website data from third parties and advertisers and also select “Ask Websites Not to Track Me.” However, as Chrome’s pop up states after selecting “Do Not Track,” a request is sent while browsing. This doesn’t guarantee that tracking will stop, just that a request is sent. Chrome’s “Do Not Track” pop up even states “many websites will still collect your browsing data.” Again despite their limited effectiveness these are the best methods to reduce data collection without using third party programs.

Third party programs are the most effective methods of reducing data tracking. These programs will let you know who is tracking your data and give you options to stop the tracking. The two most effective programs that I found are Ghostery and Disconnect. Ghostery is an extension that allows users to decide which tracking companies to trust and which ones to block, giving users more control over what companies gets their information. When you click on the Ghostery widget on your browser, it will tell you which companies are tracking the site you are on and allow you to shut them off. The only real downside to Ghostery is that users must manually select the trackers they want to block. Because there are hundreds and hundreds of trackers consumers most likely do not know which ones to block. Ghostery compliments this by providing details about the various trackers on each site, so consumers can inform themselves about which tracking companies are present before shutting them off.

Disconnect is similar to Ghostery but acts in an opposite way, automatically shutting down third party trackers that collect and retain data while allowing first party trackers to operate. Disconnect groups trackers into four categories: Advertising, Analytics, Social, and Content. The Content section is not automatically blocked because this could affect what content the webpage you visit shows, but these trackers can also be turned off. By blocking these trackers these apps allow for greater consumer data management and increase browser performance by removing said trackers.

Data tracking has become a profitable and stealthy marketing system that takes advantage of user data to advertise to consumers. With the methods listed above, you the consumer can start to take back control of your private information.

Guide To: How to Bring a Suit in Small Claims Court

By: jjrbennett

Intro

This is a corollary to my previous blog post

  • Guide To:  Landlord/Tenant Security Deposit Dispute.

The scope of this blog relates to bringing suits over security deposits with your previous landlord in small claims courts; however many of these steps can be followed for any suit in small claims court.

Where Can I File My Suit?

Tenants can bring suit in the county which the defendant (landlord), at the time of filing, either

  • Resides
  • Is regularly employed
  • Has an office for the transaction of business, or
  • Is a student at an institution of higher education

Tenants can also bring suit in the county where the subject real property is located (i.e. the county where your rental unit is).

 

Steps to Filing Your Claim

Step 1 – Complete the JDF 250 (Notice, Claims, and Summons to Appear for Trial)

Form JDF 250 can be found here

The form requires you to identify the names and addresses of the parties. In this case

  • Plaintiff = tenant (you)
  • Defendant = landlord

If the defendant is a business, then you must go to the Colorado Secretary of State’s website to determine who is the registered agent to complete service of process.

 

Example: Boulder Property Management Corp.

 

Step 1: Put the business’s name into the first search box, then search

 

Blog Post Pic 1

Step 2: Click on the appropriate # ID Numbe

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In this case the correct ID Number is #4. To ensure that this is the particular business you are interested in, select the link with:

  • The correct Name of the business
  • The Event listed as “Articles of Incorporation”
  • The Status is listed as “Good Standing”

 

Step 3: Locate their registered agent

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In this case, the registered agent is Jared E Minor

**If your landlord is a government agent, there are few more pitfalls. This is outside the scope of this blog. However the details can be found in §24-10-109 of the Colorado Revised Statutes

  • Link: https://www.denvergov.org/content/dam/denvergov/Portals/671/documents/CRS%20Title%2012%20Article%2010%20-%20Governmental%20Immunity.pdf

 

Step 2 – File Your Form with the Court

Locate your preferred court that has jurisdiction over this case (see above). Provide the court with your completed JDF 50 and pay the fee. The court will provide you with a court date or instruct you in mediation measures.

 

Step 3 – Serve your Landlord

The landlord must receive notice of the lawsuit. This service must be completed 15 days before the trial date or the trial may be reschedule or dismissed.

There are two options to complete service of process

 

  1. Personal Service

This is the preferred method by the courts. YOU CANNOT SERVE YOUR LANDLORD YOURSELF. Personal service of process can be accomplished in one of three ways:

  • Sherriff’s Department
  • Private Process Server
  • A friend whom is 18 years old or older and not a party to the case.

The process server must be provided with one copy, for each defendant, of the following:

  • The Notice, Claim, and Summons to Appear for Trial
    • Listed as “Defendants Copy” on the JDF 50
  • Affidavit of Service
    • Again, located on the JDF 50

The process server will return the completed Affidavit of Service portion to you. This should be brought to the court at the time of the hearing or filed ahead of time.

 

  1. Certified Mail

You can ask the court to conduct the service of process for you. The courts do not like to do this and it is not preferred. There is a small fee involved and it could delay your case.

**Service of process fees are usually granted to winning party at trial!

 

Preparing for the Court Trial

Small claims courts are informal and without a jury, so forget what you learned in Law and Order. However there are some parallels to what you might have seen on TV.

Gathering Relevant Documents

You must know your state security deposit rules. Don’t worry, they are not that complicated. However it is embarrassing to be dismissed by a judge because you were unaware of the relevant local and state laws. Bringing a copy of these laws is never a bad idea. This webpage provides a nice starting point, along with the Consumer Tips link located at the top of the blog.

You should also bring:

  • A signed copy of the lease or rental agreement and any other supporting documents your landlord provided for you at signing.
  • Receipts or cancelled checks for your security deposit
  • Any cleanings fees you paid to your landlord if applicable
  • Move-in/Move-out photos and videos if applicable
  • Witnesses (See Below)
  • Anything else you deem relevant

Witnesses

It is sometimes beneficial to have one or two witnesses who are familiar with your rental property and can testify on your behalf. The court will accept written statement from witnesses in most cases. Preferably these should be voluntary witnesses. However, if you deem it necessary, you can issue a subpoena to involuntarily bring a witness to court, this can be accomplished through a JDF 79 Form. Link with the Form and instructions on how to file is below

 

You’re Day in Court

These tips may be obvious, however they are important enough to include.

COME EARLY.

  • Judges and magistrates do not like to be kept waiting.
  • Also any courtroom can be an intimidating place. Some judges and magistrates will allow you to observe other trials. This may be a good practice to alleviate some of those fears.

BE PREPARED

  • Make copies, organize, and label all of your exhibits.
    • Exhibits are any documents, photographs, videos, etc. that you will produce as evidence at trial

 

Outcome

If you have a successful outcome, the court will determine the amount of damages owed. You are responsible for collecting this money, not the court. Additional collection information is located below:

 

 

I hope this is helpful. Best of luck with your day in court!

Guide to: Landlord/Tenant Security Deposit Disputes

By: jjrbennett

Guide to: Landlord/Tenant Security Deposit Disputes and Small Claims Court

 

Intro

The primary reason tenants bring suits against landlords is for security deposit disputes. Many of us are angry when we feel we did not receive everything that we are entitled to. However not all security deposit deductions or withholdings are unjustified. For a basic overview of your rights relating to security deposits, see below:

 

When Should I Bring Suit in Small Claims Court over a Security Deposit Dispute?

Nobody wants to go to court. It can be very time consuming and aggravating. However if

  • A landlord has withheld a security deposit for 30 days after you have vacated the premises (or longer if stipulated in the lease, not to exceed 60 days); OR
  • You feel the deductions are unjustified

Then it may be time to go to court.

Landlords can deduct money from security deposits for a number of things (for a fuller understanding, refer to the Consumer Tips webpage link above). Landlords CANNOT deduct for normal wear and tear to the property. For a list of what normally constitutes “wear and tear” versus “damage or excessive filth” see below

 

How Much Can I Collect from My Landlord in Small Claims Court?

Tenants can sue landlords in small claims court for the return of their deposit, up to a dollar amount of $7,500. The amount recovered is usually the amount the judge or magistrate deems the landlord has wrongfully held plus, perhaps, a filing fee. If you believe your claim is for over $7,500, then small claims court is not the place for you, or, you can waive the excess balance.

 

What are the Benefits of Suing in Small Claims Court?

Inexpensive.

  • Filing fees for all Colorado small claims courts are as follows
    • Claim up to $500 = Filing Fee of $31
    • Claim between $500.01 and $7,500 = Filing Fee of $55
  • There could be additional fees for service of process, but these are usually reimbursed if you win your case.
  • NO ATTORNEYS FEES
    • Attorneys aren’t allowed in most small courts claims.
    • Disclaimer:
      • An attorney will be allowed to bring or defend a claim if that attorney is an employee, officer, or partner in a corporation involved in the suit OR an authorized active member of a union involved in the suit.
      • If the other party is represented by an attorney, you may have one as well

Fast

  • Disputes are heard before a judge or magistrate within a month or two

 

What About Mediation

Mediation is where a neutral third party negotiates a mutually acceptable agreement between yourself and your landlord. It is a good method of resolving your dispute without the headache of going to trial. Some magistrates and judges will require mediation before a trial can be heard. Mediation services are available at:

I hope this helps!

 

For an in-depth analysis on how to file a claim in small claims court, see my corollary blog post:

  • Guide to:  How to Bring a Suit in Small Claims court

 

Zombie Mortgages – Don’t Let It Happen to You

By: Beth Michaels

What is a Zombie Mortgage?

Zombie mortgages occur when a bank notifies a homeowner that it is foreclosing; the homeowner vacates the property; but then the bank abandons the foreclosure without notifying the homeowner. This leaves the home in a state of limbo. No one lives there, but the homeowner technically still owns it.

Why Would a Bank Abandon a Foreclosure?

Owning and maintaining a property is expensive and time-consuming. The legal owner has to keep the house in good repair and pay property taxes. Reselling a property can also be costly, and, depending on the sale price, the bank could even lose money on the deal (if the outstanding loan is more than house sells for).

Zombie foreclosures are less common in places like Boulder, where home prices are relatively high and houses sell quickly. But in places like Detroit, where housing prices have not recovered, banks do not want the expense of owning and maintaining properties that they cannot sell. For this reason, the bank may send foreclosure notices as a matter of course but then never pursue the foreclosure because it is just not profitable.

Zombie mortgages can also happen if a homeowner cannot pay their mortgage and wants to voluntarily give the house to the bank in exchange for the bank forgiving their loan. (This is called a “deed in lieu of foreclosure.”) If the bank does not accept the deed in lieu of foreclosure, then the deed remains in the homeowner’s name and he is still responsible for the house and the mortgage, even if he has abandoned the property.

How Does Abandoning a Foreclosure Affect the Homeowner?

Homeowners who are being foreclosed may not be able to fight the foreclosure (usually because they don’t have the money), and so when they get the foreclosure notice, they simply abandon the house. But they still own the property until the bank completes the foreclosure process. As the legal owner, they must maintain the house and pay property taxes. And because the foreclosure was never completed, their mortgage is still alive. That means that even after abandoning the home, the owner is racking up thousands or tens of thousands of dollars in property taxes, fines, and mortgage interest, fees, and penalties.

How to Avoid a Zombie Mortgage

Keep yourself informed about the status of the foreclosure until you are sure it is complete and the deed has been transferred to the bank. You can search for the property status and request documents on the Boulder County Clerk & Recorder website at https://recorder.bouldercounty.org/countyweb/disclaimer.do.

If you want to use a deed in lieu of foreclosure, make sure that the bank is willing to accept the deed and that the deed has actually been transferred to avoid a zombie mortgage.

Exploring Student Loan Repayment Options

By: Mercedes Pineda

The Consumer Financial Protection Bureau (CFPB) reports that more than 40 million borrowers owe on federal and private student loans, with the average student debt around $23,000. I, like many of you, am one of those 40 million borrowers. Student loan debt can be a stressful financial burden for most people. However, armed with some knowledge and a helpful toolkit, we can make these loans more manageable.

Why is paying back student loans so difficult? The CFPB’s recent report highlights many of the problems student borrowers experience when trying to repay their student loans. These problems include (but are not limited to): a lack of flexible repayment offerings for distressed borrowers, lack of information regarding repayment options, paperwork processing delays, and inconsistent instructions from servicers. Below I outline the best way to approach repayment and the various options available to borrowers. 

How Do I Find Information About My Loans?

The best place to start is the National Student Loan Data System (https://www.nslds.ed.gov/nslds/nslds_SA/). This is a government database that keeps track of all your federal loans. Speak to your school’s financial aid administrator about any information they may be able to provide you about your loans. Additionally, check your credit report. Student loans are often listed on your credit report. You are entitled to a free copy of your credit report from each of the three major credit-reporting agencies. (www.annualcreditreport.com). However, please be aware that student loans may look confusing on your credit report. Loan servicers often sell loans, and it may be difficult to determine which servicer owns your loan now and how much you owe. I highly recommend going over your credit report with a trained financial counselor. Take advantage of your local or county community services that provide this resource!

What Are My Repayment Options?

  • Standard Repayment Plans
    • Payments are generally a fixed amount over the course of a certain amount of years
  • Income Based Repayment Plans
    • If you have federal loans, flexible repayment options may work best for you. These plans take into account your yearly income and the payments are a certain percentage of your discretionary funds (that is the money you have available after paying rent and bills). Payments are recalculated every year. Generally, outstanding balances are forgiven after a minimum of 20 years.
    • Learn more about these plans here: www.studentaid.ed.gov/sa/repay-loans/understand/plans
  • Consolidation
    • Allows you to simplify repayment by combining loans into one payment. Not all federal loans are eligible for this option, and it may not be the best option for your situation. You cannot consolidate federal and private loans into one payment. You cannot “undo” consolidation.
    • Beware of “Debt Relief” scams! Many scammers try to charge you fees to help consolidate your loans. They can often leave you with a loan that was worse than your original loan! Federal debt consolidation is an option you can apply to for free via studentloans.gov
    • Get more information about consolidation here: http://www.bouldercounty.org/doc/hhs/student-loan-consolidation.pdf and here : studentaid.ed.gov/sa/repay-loans/consolidation
  • Refinancing
    • To refinance you take out a new loan, and you use that loan to pay off the existing loans. With this option you can change the terms of your loan. By doing this you can lock in a different interest rate and save money over the life of your loan.
    • The government does not offer refinancing. You can refinance your federal loans into private student loans. BUT, you may give up benefits such as income based repayment options or eligibility for student loan forgiveness programs by converting your loan.
    • However, like consolidation, there are some scams out there for loan refinancing. The following to sites are reliable and have resources such as a refinancing calculator to help you explore this option:
  • Student Loan Forgiveness
    • The most common of these is the Public Service Student Loan Forgiveness Program. This program allows federal student loan borrowers a chance to qualify for loan forgiveness after committing 10 years to public service work. To find out if you may be eligible for this option use the chart at the following site: bouldercounty.org/doc/hhs/public-service-loan-forgiveness.pdf
    • There are VERY limited other situations in which your loan may be forgiven. To learn more about them visit this site: studentaid.ed.gov/sa/repay-loans/forgiveness-cancellation
    • Please be aware that this is another option that sees many scams. Your federal loans can only be forgiven by the federal government. Please visit the government site listed above or reach out to your servicer directly to figure out if you qualify for a forgiveness program.

Summary:

I hope the above information will help borrowers explore and consider the right repayment options. I highly recommend seeking out local resources, such as a financial counselor at your community services center, who can help you understand the repayment process and help pick the best option for your situation.

Understanding Student Loans

By: Mercedes Pineda

According to recent reports by the Consumer Financial Protection Bureau, student loan debt is currently around $1.2 trillion. For many people, the decision to take on student loans is often the first major financial decision of their adult life. However, it is also a decision that can haunt us later in life. Students often struggle to understand the confusing financial documents given to them and have a difficult time finding helpful resources us navigate the student loan process. I know that my 18-year-old self definitely didn’t understand every aspect of the student loans I agreed to. So let’s start with the basics.

The Basics:

What’s the difference between federal loans and private loans?

Federal government loans almost always cost less and tend to have more flexible repayment options. Many federal student loans are subsidized and have fixed interest rates (more on interests later). Most students are eligible for these loans. The amount of money students can borrow is limited.

Private loans are usually done through private banks or lenders. Some schools and state agencies may offer these types of loans as well. You can borrow larger amounts than federal loans. Private student loans usually have higher costs and often require a co-signer. You are charged interest while attending school. Additionally, interest rates on private loans are often variable (more on this later) and repayment options are usually not flexible.

            Interest Rates

An interest rate is the cost of borrowing money. Interest rates are calculated as a percentage of the unpaid principal (the amount you borrowed). The total cost of your loan varies depending on the interest rate charged and the type of loan. The following are different types of interest characteristics that will effect how much your loan ultimately ends up costing:

  • Fixed interest rate: this is a set rate that will not change over the life of the loan. Generally, a fixed rate will be higher than a variable rate.
  • Variable interest rate: this is a rate that can change as interest rates in the market change. This means you may have a different interest rate on a monthly, quarterly, or annual basis.
  • Subsidized: The Government will pay the interest on your loans while you attend school. These loans are awarded based on financial need. You do not pay interest during the 6 months after graduation (the grace period) or during periods of deferment.
  • Unsubsidized: Interest starts to grow and is added to your principal (“accrue”) as soon as you receive the loan. You do not need to demonstrate financial need. You are responsible for all the interest on these loans during all time periods.

What is the best student loan for you?

There are many factors you should consider before deciding on what type of student loan to get. For example: Can you work during the school to cover some costs? Can you live at home? Do you think you may be able to pay the loan off quickly? Is one school offering me a better financial aid package? Below is a list of tips to help you make the best financial decisions regarding your student loans.

Strategies for building a strong financial future as a student:

  • Fill out a Free Application for Federal Student Aid (FAFSA). You must fill out this form to be eligible for any federal student loans. Since federal student loans are usually the best option for most students, you should explore your federal loan options first. Also, schools often use the FAFSA to award scholarships and grants, so fill it out even if you don’t think you’re eligible! Access the application here: https://fafsa.ed.gov/
  • Research free funds. Scholarships and grants are free money! These applications don’t usually take up much of your time and can really help you save money on education costs.
  • Negotiate for more aid.
    • Do not be afraid to talk about your accomplishments. I did this myself! It can be difficult to put yourself out there, but you should always be your own advocate! Even just a little extra financial aid can be the difference in being able to attend the program you want. You can email your financial aid office and ask to meet with a staff member to explain your position. You can also send a letter with the same information if a face-to-face meeting is uncomfortable.
    • Here is a helpful tool from the Consumer Financial Protection Bureau to compare your financial aid offers. You can use this information to help negotiate a better offer. http://www.consumerfinance.gov/paying-for-college/compare-financial-aid-and-college-cost/
  • Know what your financial situation will be.
    • Learn how to budget and be practical about what your costs will be. Getting informed now can save you from many headaches down the road.
  • Get good advice. Your community likely has free or low-cost financial counselors that can help you with the student loan process and other important financial decisions. Make use of these resources. Reach out to your school’s financial aid office if you have any questions. Talk to friends or family about their student loan experiences. The Consumer Financial Protection Bureau also has some great resources. http://www.consumerfinance.gov/paying-for-college/

Summary:

This information will hopefully help you understand and manage the student loan process. Student loans are not easy to understand, so take the time to learn as much about them as you can before making this important financial decision.

How to Dispute an Online Order That Was Never Delivered

By: Aaron Fransua

According to the latest reports from the U.S. Dept. of Commerce, roughly $3.4 Billion of retail sales occurred online just last year alone. Consumers are becoming increasingly more comfortable with making their purchases online. Fortunately, the vast majority of these sales occur without any problems, but what happens when those shoes you purchased online do not show up? What are your rights when the seller delays delivery? Even worse, what happens when you get the credit card bill in the mail a few weeks later with the charge for the shoes still on it?

Two federal laws- the Mail, Internet or Telephone Order Merchandise Rule and the Fair Credit Billing Act offer protections and procedures, so you don’t have to pay for merchandise that you ordered, but never received.

Your Rights When Shopping Online, Phone, or by Mail

The Mail, Internet, or Telephone Order Merchandise Rule is a federal regulation that is administered by the Federal Trade Commission and applies to most goods you order by mail, phone, fax, or online. Essentially, this rule requires sellers to have a reasonable basis for claiming they can ship an order within a certain time. The rule also tells sellers what to do whenever there is a delay in an expected shipment.

By law, a seller should ship your order within the timeframe stated in its ads or over the phone. In cases where a delivery date is not promised, then the default rule is that you can expect the seller to ship the goods within 30 days of your order. The timer begins as soon as the seller receives a completed order with your Name, Address, and Payment.

If the seller is unable to ship your product within the promised time, the rule requires that they must notify you, provide you with a revised shipping date, and give you an option for either a full refund or to accept the new delivery date. If you do not respond, and the delay is 30 days or less, then it is assumed that you accept the delay and are willing to wait for the merchandise, If, however, you do not respond, and the delay is more than 30 days, the seller must cancel the order by the 30th day and issue you a full refund promptly.

Hopefully, the seller has delivered your order within the revised delivery schedule. But, if there is yet another delay, then the Rule requires the seller to contact you again and give you a revised delivery date, or the option cancel the order for a full refund. If you do not respond to the second notice, the seller should assume that you are not willing to wait, cancel your order, and issue a full refund.

How to Dispute Your Charges for Non-Delivery:

Below is a quick summary of steps to take to get either your money back or the charge removed from your credit card bill:

Step One: Contact the seller

Reach out to the seller and try to resolve the problem with them directly first. Larger websites such as Amazon have great consumer dispute resolution processes to either get a new product reshipped quickly, or a refund issued. In general, most businesses want to keep the consumer happy so you’ll keep coming back with them. Hopefully, this should be the only step you need to take, but if you get pushback from the business, you still have options!

Step Two: File a Dispute with your Credit Card Company (Unless you paid via Paypal, then jump down to the PayPal Dispute section below)

The Fair Credit Billing Act allows you to file a dispute with your credit card company for undelivered merchandise, so long as you inform the credit card company within 60 days of the first bill that has the disputed charge on it. To take advantage of this right:

  • Write to the credit card issuer at the address given for “billing inquiries,” not the address where you send your payments. Make sure to include your name, address, account number, and a description of the billing error- in this case nondelivery of your goods.
  • Include copies of sales slips or any other documents that support your position.
  • It’s recommended to send this letter via certified mail, so you have proof of what the credit card issuer received.

After you have filed your complaint, the credit card company must acknowledge your complaint, in writing, within 30 days after receiving it. The credit card company then must resolve the dispute within two billing cycles after getting your letter. During this time that the company investigates your dispute, you may withhold your payment on the disputed amount. Keep in mind this is only for the disputed amount, so make sure you continue to pay for all other charges on that card. Also, during this time, the credit card company may not take any legal or other action to collect on the disputed amount and related charges (including finance charges).

Paypal Dispute:

If you paid for your online order with your credit card and used Paypal as the payment processor, it’s recommended that you file your complaint with Paypal due to their expanded line of protection. The Paypal Purchase Protection policy gives you 180 days to file a complaint, and will provide you with a full refund of your purchase price and shipping costs if:

1) You were charged for something you didn’t purchase, or

2) Your order never arrived, or

3) Your order arrives, but it is significantly different than how it was described. 

There are a variety of scenarios that meet this condition, for instance:

  • You received a completely different item.
    Example: You purchased a book, but received a DVD.
  • The item is missing parts or features, and this was not disclosed.
    Example: The listing said batteries included, but they weren’t.
  • You purchased a specific quantity of an item but received the wrong amount.
    Example: You purchased five pairs of fuzzy dice and only received four.
  • The item was damaged en route to its destination.
    Example: You bought a beautiful antique lamp, and it arrived in pieces.
  • You received a counterfeit version of the item.
    Example: You purchased a Rolex, but received a Faux-Lex.

Summary:

Hopefully utilizing the above steps should quickly put the law on your side and help get you a refund for your order, or the charge removed from your credit card statement! When shopping online, always try to stick with using larger retail stores since many of them have policies in place to quickly resolve these sorts of issues. It also helps to use a payment processor such as Paypal whenever you get the chance so that you can take advantage of the Purchase Protection policy.

 

Calling for Consumer Protection

By: Amy 

In a time when we need consumer protection, the U.S. Consumer Financial Protection Bureau (CFPB) has unfortunately decided to pull back its activities and seek to promote a free market for financial services, according to a new article by Reuters today.

The CFPB will release a new strategic plan this week that will detail changes under the bureau’s new acting head, White House Budget Director Mick Mulvaney.  This is in the wake of Mr. Mulvaney’s appointment by President Donald Trump.  “If there is one way to summarize the strategic changes occurring at the Bureau, it is this: we have committed to fulfill the Bureau’s statutory responsibilities, but go no further,” wrote the new CFPB Chief of Staff Kirsten Sutton in a memo sent on Friday to the entire CFPB staff, first reported by National Public Radio.

Please voice your concerns to the CFPB, and help prevent the pullback on consumer rights! 

For example, the CFPB recently issued a Request for Information (RFI) about the Bureau’s enforcement processes. The Bureau is seeking information to help assess the overall efficiency and effectiveness of its processes related to the enforcement of federal consumer financial law. This is the third in a series of RFIs announced as part of Acting Director Mick Mulvaney’s call for evidence to ensure the Bureau is fulfilling its proper and appropriate functions to best protect consumers. This RFI will provide an opportunity for the public to submit feedback and suggest ways to improve outcomes for both consumers and covered entities. The RFI on enforcement processes is available at: http://files.consumerfinance.gov/f/documents/cfpb_rfi_enforcement-processes_022018.pdf

The CFPB will begin accepting comments today, February 12.  More information about the call for evidence is available at: http://www.consumerfinance.gov/policy-compliance/notice-opportunities-comment/open-notices/call-for-evidence/

 So wouldn’t it be nice if those public comments also contained comments from the actual public? Please voice your comments here.

Your Facebook Account Doesn’t Have to Die with You

By: Michael Havlik

In a 2014 estimate, there were almost 1.4 billion Facebook users in the world, with 890 million of these users spending an average of 21 minutes per day on Facebook. Even senior citizens, traditionally a demographic slow to adopting online technology, are seeing the value of creating a virtual life on social media. In fact, a recent reportfound that the fastest growing social media demographic is persons 50 years and older. Among all of these users, an estimated 4.75 billion pieces of content are shared daily.

Have you ever wondered what happens to your Facebook account–and all that uploaded content–after you die? Fortunately, recent changes to Facebook’s policy has made death a little less scary.

It has been said that “old age isn’t so bad when you consider the alternative.” Similarly, to fully appreciate Facebook’s new policy, it is worth discussing the alternatives. Consider the widely publicized saga of the Ellsworths family following the death of their son, Lance Corporal Justin Ellsworth. Justin, a Marine, died in combat in 2004 while serving in Iraq. After his death, the Ellsworth family wanted to make a memorial of his life by using the e-mails Justin had sent and received while deployed overseas. Yahoo!, the e-mail service provider, denied all requests by the Ellsworth family, citing that it was against their terms-of-service. It was only after a lengthy and costly court battle that Yahoo! gave the family access to Justin’s emails.

Even Facebook’s policy used to be onerous for heirs. In 2012, a family sued Facebook to compel Facebook to give them access to their son’s account. Their son had unexpectedly committed suicide, leaving no note or rationale for the coping family, and the family sought access to help solve the mystery. Even though the family won the lawsuit, Facebook refused to provide the access for some time afterwards.

All of that changed in February of this year (at least for Facebook users). Facebook’s new “Legacy Feature” allows account holders to designate a friend to have certain access after the user passes away. For instance, the legacy contact will be able to pin a post on the decedent’s timeline after death (such as a funeral announcement), respond to new friend requests, or update cover and profile photos. Additionally, users can elect whether they want their legacy contact to be able to download pictures, posts, and videos from their account. And lest you worry about those embarrassing messages with your ex—the legacy contact won’t be able to log in as you or read any private messages.

Alternatively, through this feature, you can tell Facebook to permanently delete your account after death.

Here’s how to designate your legacy contact:

  • From your Facebook profile, click on “Security”
  • Choose “Legacy Contact” at the bottom
  • Enter the name of a Facebook friend as your legacy contact. (Note: an email will be sent to the friend alerting them of their new status)

Differences Between Chapter 7 and Chapter 13 Bankruptcy

By: Michael Richardson

The bankruptcy laws offer two primary options for consumer bankruptcies: Chapter 7 or Chapter 13. This blog post describes the basics of each of these chapters. In addition, the costs, benefits, and eligibility requirements of each chapter are described.

A Chapter 7 consumer bankruptcy is commonly referred to as a “liquidation” bankruptcy. Basically, consumers who file for Chapter 7 must give up all of their non-exempt property[1] in exchange for a discharge of a portion of their debt. The ability to discharge (which means to completely get rid of) outstanding debt is a very attractive feature of Chapter 7. However, lawmakers thought that consumers were abusing the system. So, in the last 10 years, the laws were changed to make it more difficult for consumers to be eligible for Chapter 7 “relief.” If the court determines that a consumer has the means and financial ability to make consistent payments to the consumer’s creditors over time, then the court can either convert the case into a Chapter 13 consumer bankruptcy (discussed below) or the court can dismiss the case entirely.

A Chapter 13 consumer bankruptcy is “repayment” bankruptcy. Consumers who file for Chapter 13 are allowed to keep all of their property. In exchange, consumers must promise to pay a portion of their future income over to the court for a period 3 to 5 years. This is called a repayment plan. The consumer submits her own repayment plan, and both the court and the consumer’s creditors are required to approve the plan. In deciding whether to approve the repayment plan, the court will look at whether the consumer’s income is stable and consistent, among other factors. If the court approves the plan, the consumer must not miss payments or default in any way, because the court can convert the case to a Chapter 7 or dismiss the case entirely.

As discussed above, Chapter 7 and Chapter 13 consumer bankruptcies contain different legal consequences and eligibility requirements. Each chapter is suited for different consumer financial profiles, and there are important advantages and disadvantages of each chapter. Here are some important requirements and features of Chapter 7 and Chapter 13 bankruptcies:

  • Chapter 7 “Liquidation”
    • Main Benefit:
      • Ability to make a fresh start by discharging a large portion of outstanding debt
    • Downside:
      • Must give up all non-exempt property
    • Eligibility
      • Not all consumers are eligible
        • **But, those with “below-median” incomes are usually eligible
      • The court will compare the amount of debt with the amount of the consumer’s disposable income
      • A consumer may only receive a Chapter 7 discharge once very 8 years
      • A consumer may convert a Chapter 13 to a Chapter 7 case at any time
  • Chapter 13 “Repayment”
    • Benefits:
      • The consumer is able to keep all of her property
      • Discharge of some debt is potentially available at the end of the repayment plan
    • Downside:
      • Often, a consumer cannot discharge any debt
      • The consumer must endure a fixed budget and pay portion of her income to the court for 3 to 5 years
      • If consumer misses payments or otherwise defaults, the case is converted to a Chapter 7
    • Eligibility
      • Only available to individuals (not corporations or other organizations)
        • **But, individuals with business debts are eligible
      • The consumer must have stable and consistent income
      • The consumer may only have up to a limited amount of outstanding debt
      • The court must approve conversion from a Chapter 7 to a Chapter 13

The bankruptcy laws can be complicated, and Chapter 7 and Chapter 13 are different in many ways. For this reason, it is always recommended to consult with an experienced consumer bankruptcy attorney to discuss your options before filing for bankruptcy.

[1] For a discussion of exempt property in bankruptcy, please visit the blog post titled “Bankruptcy Basics – Exempt Property.”

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