gabailbonding1 http://feed.informer.com/digests/K1FH1IYDUC/feeder gabailbonding1 Respective post owners and feed distributors Wed, 28 Oct 2015 13:08:38 -0300 Feed Informer http://feed.informer.com/ Netflix’s ‘The Hatchet Wielding Hitchhiker’ smashes the circumstantial evidence argument https://www.abajournal.com/columns/article/smashing-the-circumstantial-evidence-argument/?utm_source=feeds&utm_medium=rss&utm_campaign=site_rss_feeds ABA Journal Daily News - Law in Popular Culture urn:uuid:d8584d37-72e4-0248-32ed-7ad320ff68c4 Thu, 18 Apr 2024 12:08:00 -0300 If you remember the early days of memeworthy viral videos, you may remember Kai, a free-spirited hitchhiker who saved a woman on the streets from&#8230; Incarceration series includes female inmates but doesn’t tell full story https://www.abajournal.com/columns/article/crime-documentary-includes-women-in-prison-but-doesnt-tell-full-story/?utm_source=feeds&utm_medium=rss&utm_campaign=site_rss_feeds ABA Journal Daily News - Law in Popular Culture urn:uuid:7dff4306-9e2d-cf7c-e0c3-3c649a268996 Mon, 08 Apr 2024 14:32:00 -0300 I was hopeful that Max’s <em><a href="https://www.max.com/shows/justice-usa/487b8c24-cac7-467c-86bc-d8a604fc6f50">Justice, USA</a></em>, a six-part documentary series about Tennessee’s criminal justice system, would deliver its marketing promise of a “compelling,&#8230; Labor attorney uses art and law to draw attention to workers’ rights https://www.abajournal.com/magazine/article/labor-of-love-mark-gaston-pearce-uses-art-and-law-to-draw-attention-to-workers-rights/?utm_source=feeds&utm_medium=rss&utm_campaign=site_rss_feeds ABA Journal Daily News - Law in Popular Culture urn:uuid:22e22023-a54a-94db-1957-7538833cf15c Mon, 01 Apr 2024 02:30:00 -0300 <p>Mark Gaston Pearce started sketching in the margins of his textbooks as a high school student in Brooklyn, New York.</p> <p>With encouragement from his teachers,&#8230; Kim Kardashian sued for claiming ‘low-grade’ knockoff furniture was made by artist Donald Judd https://www.abajournal.com/news/article/kim-kardashian-sued-for-claiming-low-grade-knockoff-furniture-was-made-by-artist-donald-judd/?utm_source=feeds&utm_medium=rss&utm_campaign=site_rss_feeds ABA Journal Daily News - Law in Popular Culture urn:uuid:6a59d02b-eb1b-647a-ff6f-7b30c85ffc80 Thu, 28 Mar 2024 13:20:00 -0300 Reality TV star Kim Kardashian claimed on video that she had purchased “Donald Judd tables” that were in fact “cheap knockoffs,” leading consumers to think&#8230; Scorsese film is among 29 finalists for 2024 Silver Gavel Awards https://www.abajournal.com/news/article/scorsese-film-is-among-29-finalists-for-2024-silver-gavel-awards/?utm_source=feeds&utm_medium=rss&utm_campaign=site_rss_feeds ABA Journal Daily News - Law in Popular Culture urn:uuid:968a82de-249f-c14a-64e6-cf5de5ceb641 Thu, 21 Mar 2024 11:10:00 -0300 An Academy Awards-nominated film directed by Martin Scorsese is among the nominees for the ABA’s 2024 Silver Gavel Awards for Media and the Arts.<p>The ABA&#8230; James Patterson dishes on his new legal thriller, ‘The #1 Lawyer’ https://www.abajournal.com/books/article/podcast-episode-215/?utm_source=feeds&utm_medium=rss&utm_campaign=site_rss_feeds ABA Journal Daily News - Law in Popular Culture urn:uuid:fb557147-46be-9f05-2c5c-c9f2e1dc7cd9 Wed, 20 Mar 2024 11:46:00 -0300 James Patterson has written bestsellers in many genres. But as he tells the ABA Journal's Lee Rawles in this episode of <em>The Modern Law Library</em>&#8230; Longtime prosecutor resigns after judge tosses him from case, citing Perry Mason-type revelations https://www.abajournal.com/news/article/longtime-prosecutor-resigns-after-judge-tosses-him-from-case-citing-perry-mason-type-revelations/?utm_source=feeds&utm_medium=rss&utm_campaign=site_rss_feeds ABA Journal Daily News - Law in Popular Culture urn:uuid:cebb66c1-ba78-27d9-c0c8-8e0a7889bcdb Thu, 14 Mar 2024 12:09:00 -0300 Longtime Miami-Dade County, Florida, prosecutor Michael Von Zamft has resigned after a judge disqualified him and a colleague from the resentencing of an alleged gang&#8230; New true-crime docuseries sheds light on how polygraph tests are misused https://www.abajournal.com/columns/article/bust-the-denial-new-true-crime-docuseries-reminds-defense-lawyer-how-polygraph-tests-are-misused/?utm_source=feeds&utm_medium=rss&utm_campaign=site_rss_feeds ABA Journal Daily News - Law in Popular Culture urn:uuid:53ae8659-7c24-267f-41da-0667a577d644 Fri, 08 Mar 2024 12:40:00 -0400 Recently, my wife mentioned watching <em>American Nightmare</em>, a new Netflix true-crime documentary. Numerous other folks told me that I had to watch and report. Couple&#8230; Lawyers, witnesses used privilege to ‘obfuscate and hide information’ in Eagles stolen-lyrics trial, judge says https://www.abajournal.com/news/article/lawyers-witnesses-used-privilege-to-obfuscate-and-hide-information-in-eagles-stolen-lyrics-trial-judge-says/?utm_source=feeds&utm_medium=rss&utm_campaign=site_rss_feeds ABA Journal Daily News - Law in Popular Culture urn:uuid:0417e49f-3a45-ef03-835e-925da6ee7cc6 Thu, 07 Mar 2024 12:54:00 -0400 A judge in New York City has tossed charges of conspiring to possess stolen property&mdash;namely, Eagles handwritten lyrics&mdash;after band front man Don Henley waived attorney-client&#8230; Lawyer mistakenly filed ‘verbatim copy’ of opponent’s brief, leading to loss for Romantics band member https://www.abajournal.com/news/article/lawyer-mistakenly-filed-verbatim-copy-of-opponents-brief-leading-to-loss-for-a-romantics-band-member/?utm_source=feeds&utm_medium=rss&utm_campaign=site_rss_feeds ABA Journal Daily News - Law in Popular Culture urn:uuid:eb1554bc-70d3-b4ef-7c6d-2c93c33bfc6e Tue, 05 Mar 2024 10:20:00 -0400 A trial court did not abuse its discretion when it required a member of the rock band the Romantics to pay triple damages after his&#8230; Prosecutors blame disclosure of attorney-client texts on ‘cavalier legal representation’ by ‘Rust’ armorer’s lawyer https://www.abajournal.com/news/article/prosecutors-blame-disclosure-of-attorney-client-texts-on-cavalier-legal-representation-by-rust-armorers-lawyer/?utm_source=feeds&utm_medium=rss&utm_campaign=site_rss_feeds ABA Journal Daily News - Law in Popular Culture urn:uuid:6736f49e-fb78-0e62-0129-5d3f147a1e2e Wed, 14 Feb 2024 16:55:00 -0400 <strong>Updated:</strong> A lawyer representing an armorer accused in the movie set shooting death of a cinematographer has failed to win dismissal of charges against his&#8230; Busting Out: A History Channel series focuses on great escapes https://www.abajournal.com/columns/article/busting-out-a-history-channel-series-focuses-on-great-escapes/?utm_source=feeds&utm_medium=rss&utm_campaign=site_rss_feeds ABA Journal Daily News - Law in Popular Culture urn:uuid:7558e2bb-c4fb-59f2-18c2-ba3248c3d7e3 Wed, 14 Feb 2024 10:59:00 -0400 Like many other jurisdictions, Oklahoma has various security levels within its state prison system. Perhaps unlike many other states, multiple inmates escaped in the past&#8230; Law grad turns culinary passion into TikTok fame and a brand-new cookbook https://www.abajournal.com/magazine/article/law-grad-turns-culinary-passion-into-tiktok-fame-and-a-brand-new-cookbook/?utm_source=feeds&utm_medium=rss&utm_campaign=site_rss_feeds ABA Journal Daily News - Law in Popular Culture urn:uuid:fedcb252-bd4e-6db5-533b-293fe7e83d96 Thu, 01 Feb 2024 03:20:00 -0400 <p>Like many others, Jon Kung figured that law school would be a safe harbor to weather the storms of the Great Recession. But after emerging&#8230; After bringing criminal charges again Netflix, DA winds up with federal court bad-faith finding https://www.abajournal.com/columns/article/after-bringing-criminal-charges-again-netflix-da-winds-up-with-federal-court-bad-faith-finding/?utm_source=feeds&utm_medium=rss&utm_campaign=site_rss_feeds ABA Journal Daily News - Law in Popular Culture urn:uuid:47fcbd7b-bd98-c8c2-1979-76459d501ba8 Wed, 31 Jan 2024 11:30:00 -0400 <p><em>Cuties</em>, a 2020 Netflix film, tells the story of an 11-year old Senegalese girl in France who comes from a devout Muslim family navigating the&#8230; These are the most notable legal terms of 2023, legal writing coach says https://www.abajournal.com/news/article/these-are-the-most-notable-legal-terms-of-2023-legal-writing-coach-says/?utm_source=feeds&utm_medium=rss&utm_campaign=site_rss_feeds ABA Journal Daily News - Law in Popular Culture urn:uuid:8f1bb7e0-cd70-09f4-4cec-b7fd20c304a2 Thu, 11 Jan 2024 15:28:00 -0400 “Exploding offer” and “Texas two-step” are among the most notable terms of 2023, according to legal writing consultant Ken Bresler.<p>Bresler has set three criteria for&#8230; Disbarred lawyer married to ‘Real Housewives’ star found competent to stand trial for alleged $15M embezzlement https://www.abajournal.com/news/article/disbarred-lawyer-married-to-real-housewives-star-is-found-competent-to-stand-trial-for-alleged-15m-embezzlement/?utm_source=feeds&utm_medium=rss&utm_campaign=site_rss_feeds ABA Journal Daily News - Law in Popular Culture urn:uuid:bb3df1d7-069c-d2fd-2c59-378bb358f67c Thu, 04 Jan 2024 16:24:00 -0400 Disbarred plaintiffs lawyer Tom Girardi has been found competent to stand trial in Los Angeles for allegedly stealing $15 million from clients.<p>U.S. District Judge Josephine&#8230; 9th Circuit reinstates suit by now-grown-up Nirvana album-cover baby https://www.abajournal.com/news/article/9th-circuit-reinstates-suit-by-now-grown-up-nirvana-album-cover-baby/?utm_source=feeds&utm_medium=rss&utm_campaign=site_rss_feeds ABA Journal Daily News - Law in Popular Culture urn:uuid:10080589-6921-4533-e584-ad597a097641 Fri, 22 Dec 2023 13:37:00 -0400 A federal appeals court has reinstated a lawsuit filed by a man who claimed that he was a victim of child pornography because he appeared&#8230; Listen to our 10 favorite podcast episodes of 2023 https://www.abajournal.com/news/article/listen-to-our-10-favorite-podcast-episodes-of-2023/?utm_source=feeds&utm_medium=rss&utm_campaign=site_rss_feeds ABA Journal Daily News - Law in Popular Culture urn:uuid:72ff8da8-6ea4-36df-5569-d3f523c1a781 Fri, 22 Dec 2023 10:59:00 -0400 Looking for a new listen? We've picked our favorite 2023 episodes from each of the ABA Journal's three podcasts, one of which is bidding adieu&#8230; Top 10 news stories of 2023 https://www.abajournal.com/news/article/top-10-news-stories-of-2023/?utm_source=feeds&utm_medium=rss&utm_campaign=site_rss_feeds ABA Journal Daily News - Law in Popular Culture urn:uuid:f01f0fa5-cb36-ec05-8bac-add34d0f23ac Thu, 21 Dec 2023 12:04:00 -0400 Every year, we like to take a look back at the news events and stories that most resonated with our online readers. Law firm legal&#8230; Child-porn prosecution of Netflix for ‘Cuties’ film looks like ‘mosaic’ of bad faith, 5th Circuit says https://www.abajournal.com/news/article/prosecution-of-netflix-for-cuties-film-looks-like-a-mosaic-of-bad-faith-5th-circuit-says/?utm_source=feeds&utm_medium=rss&utm_campaign=site_rss_feeds ABA Journal Daily News - Law in Popular Culture urn:uuid:319009fa-6628-62c4-c414-2c6e544a5470 Thu, 21 Dec 2023 11:35:00 -0400 A federal appeals court has upheld a judge’s preliminary injunction barring a Texas child-pornography prosecution of Netflix for streaming the movie <em>Cuties</em>, agreeing with a&#8230; Check out our 9 favorite Instagram posts from 2023 https://www.abajournal.com/news/article/check-out-our-favorite-instagram-posts-from-2023/?utm_source=feeds&utm_medium=rss&utm_campaign=site_rss_feeds ABA Journal Daily News - Law in Popular Culture urn:uuid:9d73e72b-9a80-4a91-cc5b-95be6b7af973 Mon, 18 Dec 2023 10:59:00 -0400 It's been another fascinating year in the legal industry and for our coverage at the ABA Journal. And like clockwork, 2024 will be here before&#8230; Poll: Which ABA Journal magazine cover from 2023 was your favorite? https://www.abajournal.com/news/article/poll-which-aba-journal-magazine-cover-from-2023-was-your-favorite/?utm_source=feeds&utm_medium=rss&utm_campaign=site_rss_feeds ABA Journal Daily News - Law in Popular Culture urn:uuid:f6c9979c-df9c-a7fe-94e9-20ecd091e325 Mon, 18 Dec 2023 10:40:00 -0400 We covered a wide array of diverse, in-depth and hard-hitting legal topics at the ABA Journal in 2023.<p>Of the many feature stories we highlighted this&#8230; True-crime stories, like heavy metal, don’t create criminals https://www.abajournal.com/columns/article/true-crime-stories-like-heavy-metal-music-doesnt-create-criminals/?utm_source=feeds&utm_medium=rss&utm_campaign=site_rss_feeds ABA Journal Daily News - Law in Popular Culture urn:uuid:b02f12a2-2767-8387-4d46-903407f7ed6c Thu, 07 Dec 2023 16:56:00 -0400 Documentaries about murder should be an educational resource, to one extent or another, but sometimes become nothing more than a vehicle to glorify a criminal&#8230; Our favorite pop culture picks in 2023 https://www.abajournal.com/books/article/podcast-episode-208/?utm_source=feeds&utm_medium=rss&utm_campaign=site_rss_feeds ABA Journal Daily News - Law in Popular Culture urn:uuid:229474d7-19a3-d93c-49f3-b18c3c5c8123 Wed, 06 Dec 2023 10:30:00 -0400 It's the time of year when <em>The Modern Law Library</em> hosts like to look back on the media that we've enjoyed: our annual pop culture&#8230; Miss Manners has this suggestion for responding to lawyer insults https://www.abajournal.com/news/article/miss-manners-has-this-suggestion-for-responding-to-lawyer-insults/?utm_source=feeds&utm_medium=rss&utm_campaign=site_rss_feeds ABA Journal Daily News - Law in Popular Culture urn:uuid:f90975f2-3367-20c8-2222-4036b74d8917 Thu, 30 Nov 2023 11:33:00 -0400 A lawyer who is fed up with insults against the legal profession asked advice columnist Miss Manners how to “politely, yet firmly, respond to people&#8230; Three Friends From College Defrauded Public in Massive Robocalling Nonprofit Scheme​ https://www.findlaw.com/legalblogs/consumer-protection/three-friends-from-college-defrauded-public-in-massive-robocalling-nonprofit-scheme/ FindLaw's Common Law urn:uuid:abba276e-0599-5474-0c41-6f9847858762 Wed, 14 Jun 2023 18:33:19 -0300 Three Republican operatives are implicated in a massive robocalling nonprofit scheme where misused donations collected for various political causes. FindLaw reports on the scheme and the deficiencies in the tax regulation. <p>Unfortunately, all of us are too familiar with "robocalls": telephone solicitations for any given number of causes. They're irritating, and they tend to disrupt family dinners. Occurring at times when you least want them to, they often involve aggressively persistent attempts to collect donations. Maybe you just hang up on them, or maybe you've given in and sent a few bucks their way.</p> <p>Well, it turns out one of the major players in this practice was just caught in what is, in the most generous of interpretations, an unethical manipulation of IRS regulations. At worst, what they did was downright illegal.</p> <p>Wisconsinite John W. Connors operates various&nbsp;political nonprofits under a little-known section of the IRS Tax Code, Section 527. When these nonprofits became implicated in a robocalling scheme, the 37-year-old, along with two of his former college classmates,&nbsp;<a href="https://www.nytimes.com/interactive/2023/05/14/us/politics/scam-robocalls-donations-policing-veterans.html">became three of the biggest political fraudsters in the United States</a>.</p> <h2 class="wp-block-heading" id="h-college-grad-connors-creates-campaign-now">College Grad Connors Creates "Campaign Now"</h2> <p>After graduating from Marquette University, Connors founded Campaign Now&nbsp;—&nbsp;the first of the five political nonprofits under which he would ultimately develop a massive robocalling scheme. Under the scheme, the organizations claimed to collect donations for political causes. But they often did everything but that.&nbsp;<a href="http://web.archive.org/web/20140523002632/http:/campaignnowonline.com/about/team/">Campaign Now's website</a>&nbsp;indicates Connors' title as "Boss Man."</p> <p>Connors operated Campaign Now with two peers from Marquette&nbsp;—&nbsp;Simon Lewis and Kyle Maichle. While the three were&nbsp;Marquette students, roughly 15 years ago,&nbsp;they were&nbsp;all&nbsp;active&nbsp;in Republican student groups.&nbsp;</p> <p>Lewis and Maichle later went on to&nbsp;found&nbsp;their own organizations. Lewis, 37, founded the National Police Support Fund (NPSF). Maichle served as the organization's treasurer, though tax records indicate&nbsp;otherwise.&nbsp;After serving as a researcher for Connors at Campaign Now, Maichle founded Precision Compliance Consulting in 2017. Connors assisted in the foundation of this consulting group. Eventually, other organizations were set up by all three men.&nbsp;Importantly, many of the organizations the three men created and operated were what is known as "527 organizations."</p> <h2 class="wp-block-heading" id="h-what-is-a-527-organization">What is a "527 Organization"?</h2> <p>A "527 organization" is a political nonprofit organized under Section 527 of the Internal Revenue Code (<a href="https://codes.findlaw.com/us/title-26-internal-revenue-code/26-usc-sect-527.html">26 U.S.C. Section 527</a>). The goal of these kinds of organizations is to influence the selection, appointment, defeat, or nomination of political candidates.</p> <p>Due to loopholes in this part of the tax code, the operators of 527 organizations can technically funnel the money they purportedly collect for political causes into their own pocketbooks. One of such problems arises from how loosely-worded the language in relevant portions of how the IRS stipulates money be collected and used by such organizations. The IRS only requires that funds be "primarily used" or purposes that 527 organizations claim they collect donations. IRS.gov reads that such organizations are "<a href="https://www.irs.gov/charities-non-profits/political-organizations/exemption-requirements-political-organizations#:~:text=A%20political%20organization%20subject%20to,both%2C%20for%20an%20exempt%20function.">organized and operated primarily for the purpose of directly or indirectly accepting contributions.</a>"</p> <p>When Connor and his collaborators saw the opportunity, they milked the heck out of the 527 loophole.</p> <h2 class="wp-block-heading" id="h-sham-shell-companies-scam-donors">Sham Shell Companies Scam Donors</h2> <p>The three men used telemarketing to cold-call potential donors for their purported nonprofits. They started with human callers, and eventually switch to robocalls. Sounding deceptively human, the automated calls would open with a joke. In any given call, the automated donation-solicitors would collect funds from the&nbsp;unsuspecting people unfortunate enough to have answered.</p> <p>Lewis'&nbsp;company, NPSF, sought donations under the guise of&nbsp;its stated mission to benefit causes for law enforcement. The funds collected&nbsp;were purported to be for&nbsp;"political support services," bookkeeping, and consulting. As it turns out, the&nbsp;<em>majority&nbsp;</em>of the money raised by NPSF&nbsp;made its way back to Lewis, in ways that would suggest he&nbsp;pocketed the money as personal income.&nbsp; Only a small fraction of the money raised was actually&nbsp;directed to police causes.&nbsp;</p> <p>On multiple occasions, NPSF&nbsp;<a href="https://journaliststudio.google.com/pinpoint/document-view?collection=5a6a3ee82fd472f9&amp;labels=e820e074819c7ccd&amp;p=1&amp;docid=7c0ec39e2a1021a8_5a6a3ee82fd472f9&amp;page=1&amp;highlight=e051647e5c7e4a33&amp;utm_source=highlight_deep_link">reported no business transactions with its own board members</a>. But NPSF had often engaged in such transactions with Lewis. In fact, Lewis himself&nbsp;<a href="https://journaliststudio.google.com/pinpoint/document-view?collection=5a6a3ee82fd472f9&amp;labels=3844dd6da72ca863&amp;p=1&amp;docid=7c0ec39e2a1021a8_5a6a3ee82fd472f9&amp;page=1&amp;highlight=68eeae55e64709ed&amp;utm_source=highlight_deep_link">signed a declaration to the IRS stating as much</a>. When questioned about the inconsistency,&nbsp;<a href="https://www.nytimes.com/interactive/2023/05/14/us/politics/scam-robocalls-donations-policing-veterans.html">NPSF claimed</a>&nbsp;in a statement, "this appears to be a scrivener's error on the part of the accountant. This happens."</p> <p>In 2015, Campaign Now seemed to have found their newest and biggest client, known as Veteran Actions Network. In realty, it was merely another nonprofit set up Connors and his associates, which ultimately was discovered to be one of the organizations through which donations were funneled.&nbsp;</p> <p>Before Veteran Actions Network shut down in 2019,&nbsp;<a href="https://journaliststudio.google.com/pinpoint/document-view?collection=5a6a3ee82fd472f9&amp;docid=ee7261f037975362_5a6a3ee82fd472f9&amp;page=1&amp;p=1&amp;labels=76859dc254b51222&amp;highlight=602007caf879196a&amp;utm_source=highlight_deep_link">it had raised $6.1 million</a>. Of that money, $102,000 made its way to Campaign Now, while an additional $112,000 was funneled to companies owned by Connors, Lewis, or Maichle,&nbsp;<a href="https://www.nytimes.com/interactive/2023/05/14/us/politics/scam-robocalls-donations-policing-veterans.html">according to tax records revealed in&nbsp;a&nbsp;<em>​New York Times&nbsp;</em>​report</a>. One of&nbsp;the three had&nbsp;been listed&nbsp;as either owners or&nbsp;partners of the companies. Records indicate that this pattern of channeling donations through a variety of companies continued for years.</p> <p>At one point, Connors and his associates were&nbsp;operating&nbsp;five different 527 organizations carrying out some version of this&nbsp;scheme. Since the years of their founding, the nonprofits have paid $2.8 million to companies controlled by the three men. That money was funneled through shell corporations in what appears to be a money-laundering tactic. This method would allow the companies&nbsp;to hide the fact that&nbsp;only an extremely small fraction of any donations that were collected went to the intended&nbsp;political causes.&nbsp;</p> <h2 class="wp-block-heading" id="h-a-national-problem">A National Problem</h2> <p>All in all, over the court of roughly a decade, the groups defrauded the public of millions of dollars under the guise of promoting and facilitating political involvement amongst average Americans.</p> <p>When asked about the 527 organizations,&nbsp;<a href="https://www.nytimes.com/interactive/2023/05/14/us/politics/scam-robocalls-donations-policing-veterans.html">Connors claimed</a>, "I do this to help people without a voice organize, raise money, and design a platform.&nbsp;Yes, I am paid for what I do (everybody is) but&nbsp;my real compensation is the satisfaction of Americans getting involved in the system." But it looks like he and his college classmates&nbsp;had other,&nbsp;profit-oriented motives.&nbsp;</p> <p>Connors', Lewis', and Maichle's enterprises are not isolated incidents. The governments of all but&nbsp;two states have at some point sued a&nbsp;company for fraudulent&nbsp;robocalling schemes. Just last year, 51 state attorneys general from across the nation formed the Anti-Robocall Multistate Litigation Task Force in order to investigate such companies and hold them accountable. This organization filed a lawsuit against a telecommunications company they accuse of defrauding Americans by&nbsp;making&nbsp;7.5 billion robocalls to people on the&nbsp;<a href="https://www.businessinsider.com/guides/tech/how-to-stop-spam-calls">National Do Not Call Registry</a>.</p> <p>But despite recent government action, current&nbsp;regulations may be&nbsp;insufficient for preventing these kinds of abuses, as robocalls still run large.&nbsp;Until then, keep a close eye on your&nbsp;caller ID&nbsp;—&nbsp;and your&nbsp;wallet.&nbsp;</p> <h2 class="wp-block-heading" id="h-related-resources">Related Resources</h2> <ul> <li><a href="https://www.findlaw.com/legalblogs/law-and-life/can-you-sue-telemarketers/">Charity Scams on the Increase​</a>&nbsp;(FindLaw's&nbsp;<em>​Law and Daily Life&nbsp;</em>blog)​​</li> <li><a href="https://www.findlaw.com/legalblogs/technologist/fcc-leaves-it-to-carriers-to-block-robocalls/">FCC Leaves It to Carriers to Block Robocalls</a>&nbsp;(FindLaw's&nbsp;<em>Technologist&nbsp;</em>blog)​</li> <li><a href="https://www.findlaw.com/legalblogs/law-and-life/can-you-sue-telemarketers/">Can You Sue Telemarketers?</a>&nbsp;(FindLaw's&nbsp;<em>​Law and Daily Life&nbsp;</em>blog)​​</li> </ul> <p>The post <a rel="nofollow" href="https://www.findlaw.com/legalblogs/consumer-protection/three-friends-from-college-defrauded-public-in-massive-robocalling-nonprofit-scheme/">Three Friends From College Defrauded Public in Massive Robocalling Nonprofit Scheme​</a> appeared first on <a rel="nofollow" href="https://www.findlaw.com"></a>.</p> Consumer Protection Law and Daily Life Vaidehi Mehta, Esq. Boeing May Have to Pay For Victims&#039; &quot;Pain and Suffering&quot; in Ethiopian Airlines Crash​ ​Lawsuit https://www.findlaw.com/legalblogs/consumer-protection/boeing-to-pay-for-victims-pain-and-suffering-in-ethiopian-airlines-crash-lawsuit/ FindLaw's Common Law urn:uuid:4e153948-2ab1-0658-fa24-defe53e6ba12 Tue, 13 Jun 2023 17:32:21 -0300 Federal Judge rejects aircraft manufacturer Boeing's motion to rule out victims' families seeking damages in Illinois for pre-crash pain and suffering. <p>The tragedy from several years ago may ring a bell: in March of 2019, Ethiopian Airlines Flight 302 nosedived into the ground near Addis Ababa, Ethiopia, about six minutes after takeoff. All 157 passengers and crew members on board were killed.</p> <p>Of course, the families of the deceased soon took up legal battles with the makers of the plane, Boeing. After years of litigation, a federal judge has held that the relatives of the victims of the crash can seek compensation for their pre-impact pain and suffering before the plane hit the ground.</p> <h2 class="wp-block-heading" id="h-a-fatally-fated-aircraft">A Fatally Fated Aircraft</h2> <p>The Ethiopian Airlines flight used the Boeing model called the "737 Max," which had just been launched and taken its maiden voyage in 2016. But the Addis Ababa incident was not the first time this plane model had resulted in a fatal accident. Just a year earlier, in 2018, a different 737 Max operated by Lion Air crashed into the Java Sea thirteen minutes after takeoff, killing all 189 passengers on board. That flight continues to be the highest death toll taken by any 737 series aircraft.</p> <p>The Ethiopian Airlines crash prompted the worldwide grounding of the MAX in March 2019 for 20 months. The aircraft was allowed to return to service after the&nbsp;<a href="https://www.findlaw.com/hirealawyer/choosing-the-right-lawyer/aviation-law.html">Federal Aviation Administration (FAA) required</a>&nbsp;the manufacturer to implement design and training changes. The grounding cost Boeing more than $20 billion—but its financial troubles were far from over.</p> <h2 class="wp-block-heading" id="h-families-of-crash-victims-go-to-court">Families of Crash Victims Go to Court</h2> <p>The feds weren't the only ones holding Boeing accountable; relatives of the victims wanted their day in court, too.</p> <p>Attorneys for families of the crash victims say they should be compensated for the suffering and terror their relatives may have experienced in the minutes before the plane crashed. The victims' lawyers argue there is "no dispute that passengers and crew members were conscious and fully aware that the plane was plummeting before it actually crashed at nearly 600 mph."</p> <p>The plaintiffs argued in court that the passengers aboard the plane "undeniably suffered horrific emotional distress, pain and suffering, and physical impact/injury while they endured extreme G-forces, braced for impact, knew the airplane was malfunctioning, and ultimately plummeted nose-down to the ground at terrifying speed."</p> <p>Lawyers for the victims noted that Boeing admitted under the agreement that the 737 MAX "had an unsafe condition, and that it would not attempt to blame anyone else" for the crash, confirming that it was "committed to ensuring that all families who lost loved ones in the accidents are fully and fairly compensated for their loss."</p> <p>In&nbsp;<a href="https://www.reuters.com/business/aerospace-defense/us-judge-oks-boeing-agreement-settle-ethiopian-airlines-737-max-crash-claims-2021-11-15/">November 2021, Boeing agreed to acknowledge liability</a>&nbsp;for compensatory damages in lawsuits filed by families of the 157 people killed in the crash. As a result of the agreement between Boeing and the families, lawyers for the victims would not seek punitive damages and Boeing would not challenge the lawsuits being filed in Illinois.</p> <h2 class="wp-block-heading" id="h-boeing-fights-pain-and-suffering-evidence">Boeing Fights "Pain and Suffering" Evidence</h2> <p>But in February 2023, Boeing sought to exclude any evidence of pain and suffering that passengers may have experienced before crashing. The company's lawyers stated that while they don't dispute the passengers suffered during the tragic flight, any speculative pain suffered by the passengers in the milliseconds before their death is irrelevant in determining damages because they would not have been aware they were injured before they died.</p> <p>Boeing's attorneys claimed that "undisputed evidence shows that death was instantaneous, and any speculation about what the passengers might have felt as the plane made impact is unfounded." They pointed out that, as the filing is under Illinois law, damages can only be paid for crash victims' "conscious pain and suffering" if there is verifiable evidence that suffering indeed occurred. In this Ethiopian Airlines case, a medical expert cited by&nbsp;<a href="https://www.businessinsider.com/boeing-737-max-crash-victims-families-damages-lawsuit-pain-ethiopian-2023-3?r=US&amp;IR=T">Boeing asserted that the crash took place at a speed faster than the human brain can process pain</a>. Therefore, the company believes additional compensation to victims' families for pre-impact pain and suffering would be excessive.</p> <p>Unlike other states, Illinois courts have yet to fully address whether a plaintiff can seek damages for a deceased person's "pre-impact fear." A precedent set by a fatal 1979 airplane crash outside Chicago limited the damages that could be sought for such mental distress. The case was called&nbsp;<a href="https://casetext.com/case/in-re-air-crash-disaster-near-chicago-ill-etc-2">In re Air Crash Disaster Near Chicago, Ill. Etc</a>, and involved a different plane manufacturer. That case concluded that, under Illinois law, since an individual can recover for emotional distress or suffering only when the distress is caused by a physical injury, a woman could not recover for the fright and terror her daughter may have experienced in anticipation of physical injury.</p> <h2 class="wp-block-heading" id="h-future-of-airline-fatalities-to-be-decided">Future of Airline Fatalities to Be Decided</h2> <p>Federal Judge Jorge Alonso will preside over the trial due to start in federal court in Chicago on June 20. The judge rejected Boeing's motion to rule out pre-impact pain and suffering damages. He found that: "there is sufficient evidence to support a reasonable inference that these passengers experienced pre-impact fright and terror, and that experience is part of the process or manner of death." Consequently, a jury could reasonably infer from the evidence that the passengers "perceived that they were going to crash, horrifically, to their certain death." This opens the way for pain and suffering to be considered when determining compensation for the victims' family members.</p> <p>The families of the 737 MAX victims will surely be anticipating the upcoming ruling. We offer our sincerest condolences.</p> <h2 class="wp-block-heading" id="h-related-resources">Related Resources</h2> <ul> <li><a href="https://www.findlaw.com/legalblogs/in-house/how-bad-are-boeings-legal-troubles/">How Bad Are Boeing's Legal Troubles?</a>&nbsp;(FindLaw's&nbsp;<em>Practice of Law&nbsp;</em>blog)</li> <li><a href="https://www.findlaw.com/state/illinois-law/pain-and-suffering-damages-in-illinois.html">Pain and Suffering Damages in Illinois</a>&nbsp;(FindLaw's&nbsp;<em>Learn About the Law</em>)</li> <li><a href="https://www.findlaw.com/legalblogs/federal-courts/d-c-circuit-leaves-faa-seat-size-requirements-at-conjunction-junction/">D.C. Circuit Leaves FAA Seat Size Requirements at Conjunction Junction&nbsp;</a>(FindLaw's&nbsp;<em>Federal Courts&nbsp;</em>Blog)</li> </ul> <p>The post <a rel="nofollow" href="https://www.findlaw.com/legalblogs/consumer-protection/boeing-to-pay-for-victims-pain-and-suffering-in-ethiopian-airlines-crash-lawsuit/">Boeing May Have to Pay For Victims&#039; &quot;Pain and Suffering&quot; in Ethiopian Airlines Crash​ ​Lawsuit</a> appeared first on <a rel="nofollow" href="https://www.findlaw.com"></a>.</p> Consumer Protection Law and Daily Life FindLaw Staff What&#039;s in Your Summer Road Trip Emergency Safety Kit? https://www.findlaw.com/legalblogs/consumer-protection/whats-in-your-summer-road-trip-emergency-safety-kit/ FindLaw's Common Law urn:uuid:c3158009-2130-5212-d45e-e67e0b6bae7d Wed, 07 Jun 2023 18:06:18 -0300 Looking to hit the road this summer? Our blog details all the essentials you'll need in your emergency safety kit to stay safe and prepared on your trip. <div id="playht-iframe-wrapper" style="max-height: 210px !important;"> <iframe scrolling="no" class="playht-iframe-player" id="playht-iframe-player" height="90px" width="100%" frameborder="0" style="max-height: 90px; height: 90px !important;" src="https://play.ht/embed/?article_url=https://content.findlaw-admin.com/findlaw/?p=3071&voice=en-US-JennyNeural&appId=20pMs4HDJ&trans_id=-NXMcLlCO7vZVE4mgyPW" data-voice="en-US-JennyNeural" article-url="https://content.findlaw-admin.com/findlaw/?p=3071" data-appId="20pMs4HDJ" allowfullscreen=""> </iframe> </div> <p>When it comes to summer or winter road trips, having a good emergency safety kit can make the difference between a miserable experience and a great story. If you think that since we live in the 21st century digital world, it means you can forgo having a car emergency kit or tool kit, you are so very wrong.</p> <p>Although most problems on the road can be solved by calling roadside assistance, like the services provided by AAA or your insurance company, getting service can sometimes take several hours. Or worse, you could have left your charger at home and your phone is out of battery. As such, having the right supplies to keep you, and your passengers, safe while stranded on the side of the road in the summer heat is essential.</p> <p>Below, are a few tips on the types of things you should make sure to have in your summer road trip roadside emergency safety kit.</p> <h2 class="wp-block-heading" id="h-items-to-keep-you-safe">Items to Keep You Safe</h2> <p>If you have a breakdown on the road or a flat tire, you may be waiting several hours for a tow truck, depending on when and where it happens. If your car is stuck on the roadway, having some sort of&nbsp;<a href="http://www.consumerreports.org/cro/news/2012/02/what-to-do-in-a-roadside-emergency/index.htm">warning signals, like road flares, reflective triangles, or emergency lights</a>&nbsp;within your emergency car kit, can be used to alert passing drivers of the hazard (your broken down vehicle). While you may want to leave your hazard lights on, and just listen to the radio, doing so for an extended period of time risks draining your battery (better hope you have your jumper cables in that scenario).</p> <p>In addition to having some sort of hazard warning signals, having extra water, as well as sun protection, such as sunscreen and a hat or other sun-shade, can keep you safe from heat stroke, dehydration, or other heat-related injuries. If your passenger is injured due to your failure to provide an adequate emergency or first aid kit,&nbsp;<a href="https://www.findlaw.com/legalblogs/personal-injury/can-you-sue-over-mental-stress-trauma/">you could potentially be legally liable for their injuries</a>.</p> <p>Automotive fire extinguishers located inside the cabin of a vehicle can not only save your life, but can also save your car from complete destruction. Even brand new cars can catch fire if things go wrong as many automotive fluids, like gasoline and motor oil, are highly flammable.</p> <p>And it&nbsp;may sound counterintuitive to think about in the summer, but an emergency blanket and an extra jacket or layer are always a good idea in most regions. Car breakdowns often result in you waiting hours on end for help. Sometimes, you may not have the gas to spare to keep your heat going. Sometimes, it may not be safe to wait inside your car. Thus, you may find yourself up against the elements of a chilly summer night. Even in warmer areas, it could mean significantly more comfort for you and other passengers; in colder areas, it could prevent you from catching a cold.</p> <h2 class="wp-block-heading" id="h-items-to-keep-you-going">Items to Keep You Going</h2> <p>If you can change your own tire, and do general maintenance, you might want to have a few more items in your roadside emergency kit. Keeping the most common tools you need, along with some&nbsp;<a href="http://knowhow.napaonline.com/summer-emergency-car-kit-whats/">duct tape and zip ties, a tire chalk, jumper cables, a wire frame coat hanger, and some extra engine or brake fluid</a>, can sometimes save the day.</p> <p>If you don't know how to get your car back up and running on your own after a breakdown, you'll want to at least make sure your cell phone can be charged without using your car. This means putting an extra portable phone charger in the kit. Even if you don't know what you're doing, having some pliers, duct tape, a screwdriver, coat hanger, zip ties, a properly inflated spare tire, and a jack and lug nut wrench, could help a good Samaritan get you back on the road.</p> <h2 class="wp-block-heading" id="h-items-to-keep-you-sane">Items to Keep You Sane</h2> <p>Keeping some dried, or pop-top canned, foods, extra water, as well as common headache medication, pain relievers, and bandages, in your emergency kit can help make sure you don't suffer more than you have to.&nbsp;<a href="https://www.merriam-webster.com/words-at-play/hangry-meaning">"Hanger"</a>&nbsp;and headaches can make best friends into mortal enemies. Items like nuts, granola bars, dried fruit, and beef jerky, all tend to have very long shelf lives, and make for filling snacks. Note that not only are Twinkies, and other similar snacks, awful for your health, they are&nbsp;<a href="http://www.npr.org/sections/thesalt/2013/07/09/200465360/the-science-of-twinkies-how-do-they-last-so-long">much less resilient than urban legend would have you believe</a>.</p> <h2 class="wp-block-heading">Related Resources:</h2> <ul> <li><a href="https://www.findlaw.com/legalblogs/law-and-life/top-10-summer-road-trip-legal-tips/">Top 10 Summer Road Trip Legal Tips</a> </li> <li><a href="https://www.findlaw.com/legalblogs/law-and-life/what-can-you-do-to-protect-against-catalytic-converter-thieves/">What Can You Do to Protect Against Catalytic Converter Thieves?</a> </li> <li><a href="https://www.findlaw.com/legalblogs/consumer-protection/7-ways-to-avoid-speeding-tickets-on-summer-road-trips/">7 Ways to Avoid Speeding Tickets on Summer Road Trips</a> </li> </ul> <p>The post <a rel="nofollow" href="https://www.findlaw.com/legalblogs/consumer-protection/whats-in-your-summer-road-trip-emergency-safety-kit/">What&#039;s in Your Summer Road Trip Emergency Safety Kit?</a> appeared first on <a rel="nofollow" href="https://www.findlaw.com"></a>.</p> Consumer Protection Law and Daily Life blogs:consumer/common_law/travel_rules_rights FindLaw Staff Death and Digital Privacy: Please Delete My Browser History, Bro https://www.findlaw.com/legalblogs/law-and-life/death-and-digital-privacy-please-delete-my-browser-history-bro/ FindLaw's Common Law urn:uuid:1511372c-f078-be37-2e6f-e478cff28f99 Fri, 02 Jun 2023 20:02:48 -0300 Ever considered what happens to your digital data after you pass away? Learn what rights you have to protect your online legacy after death. <p>Privacy has been a concern for internet users since the days of dial-up and AOL. Browsing histories, search histories, and other personal data have been at risk from hacks and corporate overlords for years, but does that only extend to the living? While there is a new trend for social media sites and other internet services to allow users to designate successors for their accounts, your best buddy might not be&nbsp;willing or able to fulfill your last dying wish of deleting your search history, Gmail, hard drive, or browser history before your mother sees it.&nbsp;Unless your friend knows your passwords or has serious hacking skills,&nbsp;they aren't&nbsp;going to be able to delete your browsing history or any other embarrassing bits of digital debris that you've left all over the net.</p> <p>The good news is that if you haven't left instructions outside a locked account (such as a Google&nbsp;Chrome profile or a&nbsp;password-protected social media account)&nbsp;or a&nbsp;protected hard drive,&nbsp;it is unlikely anyone else&nbsp;will be able to access your data after you pass away.&nbsp;That includes&nbsp;friends, family, law enforcement, or any other non-hackers.&nbsp;</p> <h2 class="wp-block-heading" id="h-what-rights-do-relatives-have">What Rights Do Relatives Have?</h2> <p>The laws regarding information technology and personal data privacy after death have been heavily litigated in the context of&nbsp;<a href="https://www.findlaw.com/injury/torts-and-personal-injuries.html">tort law</a>, where famous deceased personalities become the subject of movies, books and other products meant for sale or publication. Generally, courts must balance the fact that a deceased person cannot enforce legal rights (you know,&nbsp;because of the whole "being dead" thing) with the fact that a&nbsp;surviving relative may have a&nbsp;<a href="https://www.findlaw.com/injury/torts-and-personal-injuries/what-is-invasion-of-privacy-.html">privacy interest</a>&nbsp;of their own (or may own the rights to publicity, which can survive after death). For instance, when a movie is made about a deceased person, the decedent's surviving spouse would have an interest in their own portrayal in the movie, but not necessarily that of their deceased spouse.</p> <p>Even though decedents are generally considered not to have legal rights, the law nevertheless still provides some level of confidentiality for their personal data found in web browsers, hard drives, and operating systems. For example, in a wrongful death case, certain medical records of a deceased person&nbsp;can be ruled undiscoverable and inadmissible on privacy grounds.</p> <p>In cases where family members request access to online social media,&nbsp;email accounts, or other password-protected data, the service providers (e.g., Facebook)&nbsp;in question typically deny full access. However,&nbsp;they may be&nbsp;willing to supply digital hard copies of the files they have on their servers.</p> <h2 class="wp-block-heading" id="h-delaware-and-illinois-are-leading-by-example">Delaware and Illinois Are Leading by Example</h2> <p>Illinois and Delaware have recently passed laws on how to handle the IP address, personal data, and online accounts of the deceased.&nbsp;</p> <p>In Delaware's case, the new law allows the executor of the deceased person's estate access to all of their&nbsp;online accounts—but only if they&nbsp;didn't leave any specific instructions on how to manage their personal data after their death. Illinois' new law operates similarly.&nbsp;</p> <p>If a person dies in Illinois without leaving any specific instructions behind, relevant service providers should release basic information (like the deceased's contact lists)&nbsp;so notifications can be sent and assets more easily identified. Anyone who wants more information will have to complete the same lengthy process currently in place in all other states.</p> <p>Generally, for family members to get more access to the deceased's personal data, they will need to provide each service provider with significant additional information. The required information varies between service providers, but usually includes a death certificate and&nbsp;personally identifying information.&nbsp;&nbsp;Each individual service provider may&nbsp;require&nbsp;other information based on their own standards&nbsp;before they'll release any personal data.</p> <p>Related Resources:</p> <ul> <li><a href="https://www.findlaw.com/employment/workplace-privacy/privacy-in-the-workplace-overview.html">Privacy in the Workplace: Overview</a>&nbsp;(FindLaw's&nbsp;<em>Learn About the Law</em>)</li> <li><a href="https://www.findlaw.com/injury/torts-and-personal-injuries/invasion-of-privacy--public-disclosure-of-private-facts.html">Invasion of Privacy: Public Disclosure of Private Facts</a>&nbsp;(FindLaw's&nbsp;<em>Learn About the Law</em>)</li> <li><a href="https://www.findlaw.com/legal/technology/networking-and-storage/ftc-online-behavioral-advertising-privacy-principles-unplugged.html">FTC Online Behavioral Advertising Privacy Principles Unplugged&nbsp;</a>(FindLaw's&nbsp;<em>Legal Technology</em>)</li> </ul> <p>The post <a rel="nofollow" href="https://www.findlaw.com/legalblogs/law-and-life/death-and-digital-privacy-please-delete-my-browser-history-bro/">Death and Digital Privacy: Please Delete My Browser History, Bro</a> appeared first on <a rel="nofollow" href="https://www.findlaw.com"></a>.</p> Consumer Protection Law and Daily Life blogs:consumer/common_law/online_scams_security A.J. Firstman Fatal Fake Drugs from Online Pharmacies https://www.findlaw.com/legalblogs/consumer-protection/fatal-fake-drugs-from-online-pharmacies/ FindLaw's Common Law urn:uuid:8dbf2111-687e-32cc-89f1-dcafef92f70e Wed, 05 Apr 2023 18:20:47 -0300 If you purchased fake prescription drugs online, they could have deadly consequences. How to tell and what to do if you're dealing with counterfeit meds. <div id="playht-iframe-wrapper" style="max-height: 210px !important;"> <iframe scrolling="no" class="playht-iframe-player" id="playht-iframe-player" height="90px" width="100%" frameborder="0" style="max-height: 90px; height: 90px !important;" src="https://play.ht/embed/?article_url=https://content.findlaw-admin.com/findlaw/?p=202632&voice=en-US-JennyNeural&appId=20pMs4HDJ&trans_id=-NSIILJY_lZrJ0iymV1O" data-voice="en-US-JennyNeural" article-url="https://content.findlaw-admin.com/findlaw/?p=202632" data-appId="20pMs4HDJ" allowfullscreen=""> </iframe> </div> <p>While nearly anything can be purchased online these days, some things can be riskier than others. There are many illicit businesses that openly advertise illegal services or counterfeit products online as though those services or products were perfectly legal. Since there is a rather large demand for many prescription medications from drug abusers, there are many companies that are willing to cater to the demand, legal or not.</p> <h2 id="h-deceptively-deadly-drugs">Deceptively Deadly Drugs</h2> <p>Unregulated drugs can be risky, especially when&nbsp;<a href="https://www.findlaw.com/legalblogs/criminal-defense/crime-lab-finds-synthetic-marijuana-laced-with-fentanyl/">seemingly safer drugs end up being laced with much more dangerous ones</a>. Recently, the notorious opioid fentanyl—<a href="https://www.dea.gov/factsheets/fentanyl">50 times more potent than heroin</a>—has been popping up in supplies of many other drugs. With the rise of social media and its increasing use to peddle illicit medications, teenagers are falling victim to the problem of tainted drugs. Since the pandemic further exacerbated mental health issues in young adults, this group turned to drug use more than ever. Teenagers turn to outlets on social media to self-medicate their anxiety, focus issues, or physical pain with pills for Xanax, Adderall, or Percocet. But the counterfeit pills they are getting are far from pure or safe—<a href="https://www.ncja.org/crimeandjusticenews/young-people-use-social-media-to-buy-illicit-drugs-results-are-deadly">some experts say</a>&nbsp;up to 90 percent of pills sold on social media are laced with fentanyl. This has contributed to record-breaking rates of drug overdoses over the past few years,&nbsp;<a href="https://www.cdc.gov/nchs/nvss/vsrr/drug-overdose-data.htm">according to the Centers for Disease Control and Prevention</a>&nbsp;(CDC).</p> <h2 id="h-feds-attempt-to-fight-fentanyl">Feds Attempt to Fight Fentanyl</h2> <p>What has the government been doing to combat the problem?</p> <p>On the manufacturer's side, the Drug Enforcement Administration (DEA) has started an&nbsp;<a href="https://www.dea.gov/press-releases/2020/08/04/dea-implements-ecommerce-outreach-program-combat-counterfeit-drug">e-commerce initiative</a>&nbsp;focused on reducing the availability of dangerous and deadly counterfeit products and prescription drugs in the U.S. The initiative attempts to educate companies about the dangerous of providing certain products that drug counterfeiters use, such as "pill presses" and encapsulating devices that are used in making the medications. This has resulted in some online retailers, such as Amazon, to officially ban pill-making devices. But unsurprisingly, a number of&nbsp;<a href="https://themarkup.org/banned-bounty/2020/06/18/amazons-enforcement-failures-leave-open-a-back-door#:~:text=Amazon%20bans%20pill%20presses%20used,up%20and%20sell%20banned%20items.">loopholes have been found</a>&nbsp;that allow third-party sellers to sell even banned items.</p> <p>But a lot of the problem is rooted in the new trend of drug distribution through social media, not merely official retailers. To that end, public pressure and campaigns have at least incentivized major social media companies to take some responsibility, if only to save their reputations. Snapchat (parent of Instagram), Meta (parent of Facebook), and Google have shown at least some commitment to ameliorating the problems they are inadvertently causing. These companies are attempting to "disrupt" drug exchanges by blocking certain drug-related search terms, coding alerts for certain content, and trying to block drug dealers from their platforms. But there are work-arounds for all of these actions, of course, and their efficacy remains to be seen.</p> <p>On the consumer side, these tech companies recently announced a public awareness campaign to alert young Americans to the dangers of fentanyl. The federal government also generally warns consumers against purchasing prescription drugs from any online retailer or internet pharmacy that does not require a person to actually have a valid prescription from a healthcare professional. The Food and Drug Administration (FDA) issues safety suggestions when it comes to buying prescription drugs online. These help ensure that American consumers&nbsp;<a href="https://www.fda.gov/ForConsumers/ConsumerUpdates/ucm048396.htm#yourself">do not purchase counterfeit drugs that are unsafe</a>.</p> <h2 id="h-how-to-tell-if-drugs-are-fake">How to Tell If Drugs Are Fake</h2> <p>Because progress towards eliminating the root cause of contaminated drugs is slow at best, it is all the more important to take your own precautions when purchasing online drugs as a consumer.</p> <p>First and foremost, you should only buy medication from websites that&nbsp;<em>require a prescription&nbsp;</em>and have a&nbsp;<em>pharmacist available&nbsp;</em>for questions. The&nbsp;<a href="https://www.fda.gov/drugs/quick-tips-buying-medicines-over-internet/besaferx-your-source-online-pharmacy-information">FDA has resources available</a>&nbsp;to help you know which online pharmacies are safe and legitimate. In addition, try to buy from&nbsp;<em>domestic&nbsp;</em>companies. People are often tempted to buy products from international manufacturers because they're cheaper. But foreign companies who sell drugs online are not held to the same manufacturing guidelines as those based in the U.S., and could be risky.</p> <p>When you do get the drugs you ordered, a possible way to tell the real deal from a counterfeit is by visual comparison. If the prescription drugs look different than you remember, or the ones your healthcare professional gave you in their office, you may want to think twice before taking them. Generally, the manufacturer of a medication will have pictures of what their meds look like online. You can also do a web image search for "what does [Drug X] look like?", which can help you find photos of the legitimate pills to compare to the ones you have. Another giveaway is imperfections; cracked tablets, bubbles in capsule coatings, or crumbly pills are signs of sub-par (and hence, illicit) manufacturing. But as&nbsp;<a href="https://www.dea.gov/onepill">counterfeit manufacturers have gotten better at replicating drugs</a>, the visual method is certainly not foolproof, and just because a pill looks like legitimate is no guarantee that it is safe.</p> <p>The "too good to be true" approach is also helpful; sometimes, the simplest way to tell if a medication is counterfeit is if the price is significantly cheaper than other providers that are known to be legitimate. Scammers rely on people looking for a bargain, but don't look too hard for a good deal when it comes to prescription drugs, as doing so could have potentially fatal consequences.</p> <h2 id="h-can-you-sue-for-fake-pharmaceuticals">Can You Sue for Fake Pharmaceuticals?</h2> <p>The best case scenario when a pill from an online retailer doesn't work is that it is just an inert placebo, and you wasted your money. The worst case scenario is that it is laced with harmful substances or even lethal opioids. What can you do if something goes wrong?</p> <p>Firstly, if you have consumed any of the medication, it is best to get in touch with a medical professional to make sure that you are safe—even if it entails a 9-1-1 call or trip to the ER. Think about taking legal action only after you know you are safe from any harmful effects of your medication.</p> <p>The FDA encourages reporting fraudulent medications or medications with adverse effects through their&nbsp;<a href="https://www.accessdata.fda.gov/scripts/medwatch/">MedWatch form</a>. It is important to report your case so that the government can take steps to shut down illegal drug operations.</p> <p>The reason that it is best to buy only from accredited pharmacies is that you can take legal action against the pharmacist or pharmacy if something goes wrong with your medication. If you ordered from a U.S. pharmacy online and received counterfeit prescription drugs, then legal action may be worth pursuing. You could even sue the drug's manufacturer, distributor, or anyone else in the supply chain, if they are based in the U.S. The doctor, pharmacy, or drug-makers could be&nbsp;<a href="https://www.findlaw.com/injury/accident-injury-law/proving-fault-what-is-negligence.html">sued if they were negligent</a>&nbsp;in prescribing or making the drug, but they could also be sued under "<a href="https://www.findlaw.com/injury/product-liability/proving-fault-in-a-product-liability-case.html">strict liability</a>" theories, even if they weren't negligent. You could also sue the companies if you encountered side effects that&nbsp;<a href="https://www.findlaw.com/injury/product-liability/defects-in-warnings.html">weren't warned about</a>&nbsp;on the drug label.</p> <p>Unfortunately, online drug retailers are often located overseas. In that case, even if something awful happens, there may not be much in the way of legal recourse available, or filing a lawsuit may prove more difficult and costly than it's worth. But&nbsp;<a href="https://lawyers.findlaw.com/lawyer/practice/personal-injury-plaintiff">contacting a local personal injury attorney</a>&nbsp;is an easy way to find out whether or not you have a potential injury claim resulting from taking or buying fake medicines.</p> <h2 id="h-related-resources">Related Resources:</h2> <ul> <li><a href="https://www.findlaw.com/injury/product-liability/dangerous-drugs.html">Dangerous Drugs: Product Recalls and More</a>&nbsp;(FindLaw's&nbsp;<em>Learn About the Law</em>)</li> <li><a href="https://www.findlaw.com/legalblogs/courtside/cherokee-nation-settles-for-75-million-after-leading-opioid-lawsuits/">Cherokee Nation Settles for $75 Million After Leading Opioid Lawsuits</a>&nbsp;(FindLaw's&nbsp;<em>Courtside&nbsp;</em>Blog)</li> <li><a href="https://www.findlaw.com/legalblogs/ninth-circuit/sf-sues-pharma-companies-for-opioid-epidemic/">SF Sues Pharma Companies for Opioid Epidemic</a>&nbsp;(FindLaw's&nbsp;<em>Federal Courts&nbsp;</em>Blog)</li> </ul> <p>The post <a rel="nofollow" href="https://www.findlaw.com/legalblogs/consumer-protection/fatal-fake-drugs-from-online-pharmacies/">Fatal Fake Drugs from Online Pharmacies</a> appeared first on <a rel="nofollow" href="https://www.findlaw.com"></a>.</p> Consumer Protection Law and Daily Life Vaidehi Mehta, Esq. Can You Dispute Junk Fees? https://www.findlaw.com/legalblogs/consumer-protection/can-you-dispute-junk-fees/ FindLaw's Common Law urn:uuid:21df63fb-720e-f9f6-4e0c-c886166d4d09 Tue, 07 Mar 2023 16:11:21 -0400 President Biden wants to take down junk fees that people pay for hotels, tickets, and plane rides. What can you do about them? <div id="playht-iframe-wrapper" style="max-height: 210px !important;"> <iframe scrolling="no" class="playht-iframe-player" id="playht-iframe-player" height="90px" width="100%" frameborder="0" style="max-height: 90px; height: 90px !important;" src="https://play.ht/embed/?article_url=https://content.findlaw-admin.com/findlaw/?p=202498&voice=en-US-JennyNeural&appId=20pMs4HDJ&trans_id=-NPxgivPCeCmzWYO6bYz" data-voice="en-US-JennyNeural" article-url="https://content.findlaw-admin.com/findlaw/?p=202498" data-appId="20pMs4HDJ" allowfullscreen=""> </iframe> </div> <p>If you’ve ever booked a hotel stay, you may have seen what you thought were perfect rates only to get to the payment page and find that the cost is way higher than you were led to believe. It’s likely that the increase had nothing to do with user error. &nbsp;Instead, these are resort fees – mandatory charges added on to the cost of your room at some properties that cover expenses like parking, pool and fitness center access, or Wi-Fi.</p> <p>Some full-service or luxury resorts have charged these fees for years, but they have become more common in recent years at properties that are not resorts and do not offer the same extraordinary amenities that luxury resorts usually offer.</p> <p>As the fees spread to non-luxury hotels, they began to appear on travelers’ bills as “amenities fees” or “facility fees.” According to <a href="https://bjornhansonhospitality.com/fees-%26-surcharges" target="_blank" rel="noreferrer noopener">a report</a> from the New York University School of Professional Studies Jonathan M. Tisch Center for Hospitality and Tourism, almost $3 billion in additional fees were collected in 2018.</p> <p>Hotels use a practice called “drip pricing,” meaning they don’t include additional mandatory fees in the advertised price. The practice is considered deceptive by consumer advocates and makes comparison shopping more difficult.</p> <p>While the elimination of resort fees would likely not result in lower pricing for hotel rooms, transparent disclosure of such fees would be good for consumers. <a href="https://www.consumerfinance.gov/rules-policy/junk-fees/" target="_blank" rel="noreferrer noopener">The Consumer Financial Protection Bureau</a>, amongst others, has initiated an effort to reduce such fees.</p> <h2 id='section-0-litigation-to-protect-consumers'>Litigation To Protect Consumers</h2> <p>In 2019, Washington, D.C., Attorney General Karl Racine <a href="https://www.reuters.com/article/us-marriott-intnl-lawsuit-districtofcolu/marriott-sued-by-district-of-columbia-over-resort-fees-idUSKCN1U422N" target="_blank" rel="noreferrer noopener">filed a lawsuit</a> against Marriott International, Inc., after receiving reports of consumers being misled by the published hotel rates that later included resort fees. Marriott is one of the largest hotel companies in the world with over 5,700 hotels in over 110 countries.</p> <p>A similar suit was brought by then-Pennsylvania Attorney General Josh Shapiro, and <a href="https://www.attorneygeneral.gov/wp-content/uploads/2021/11/2021-11-17-Marriott-AVC.pdf" target="_blank" rel="noreferrer noopener">a settlement</a> was reached in 2021. As a term of the settlement, Marriott changed its policy and will use transparent pricing by disclosing resort and other mandatory fees as part of the upfront price of a hotel stay – allowing travelers to more easily compare costs.</p> <h2 id='section-1-biden-announces-push-to-pass-the-junk-fee-prevention-act'>Biden Announces Push To Pass The Junk Fee Prevention Act</h2> <p>During this year’s State of the Union address, President Biden called out resort fees as “junk fees,” saying "We're going to ban surprise resort fees that hotels charge on your bill. Those fees can cost up to $90 a night at hotels that aren't even resorts.”</p> <p>Biden, keen to help consumers struggling with inflation and supply chain disruptions, wants to put pressure on the hotel industry and legislators.</p> <p>He is pushing for Congress <a href="https://www.whitehouse.gov/briefing-room/statements-releases/2023/02/01/fact-sheet-president-biden-highlights-new-progress-on-his-competition-agenda/" target="_blank" rel="noreferrer noopener">to pass the Junk Fee Prevention Act</a>, which targets airlines, hotels, and resorts. The act also aims to curtail large termination fees for cellphone, cable TV, and internet providers, in addition to fees tacked on for sports or entertainment tickets, which have been in the news as of late due to the Taylor Swift ticket fiasco.</p> <h2 id='section-2-what-can-you-do-to-avoid-resort-fees'>What Can You Do To Avoid Resort Fees?</h2> <p>While legislation and regulations can go a long way to reduce resort and other fees, there are actions you can take to reduce their impact on your travel plans. Below are some common ways to tackle fees.</p> <ul> <li><strong>Know what you are booking: </strong>Familiarize yourself with the layout of booking websites. Understand that the price you see upfront may not encompass the entire cost. Look for a frequently asked question page or fee breakdown explanation. Additionally, there are websites that offer independent explanations of how to read fee information on various travel booking sites.</li> <li><strong>Use points or elite status when available</strong>: Some hotels and resorts waive fees on award bookings. Check online for hotels that provide these programs and sign up.</li> <li><strong>Use statement credits: </strong>Some travel credit cards offer statement credits that cover a wide variety of charges. These travel cards usually offer reimbursement for resort fees.</li> <li><strong>Ask in person:</strong> Although not typical, an employee may be able to waive your fees. Ask an employee if there is anything they can do. After all, it can’t hurt to ask.</li> <li><strong>Look for hotels that don’t charge fees:</strong> While unusual these days, a diligent search could result in finding a hotel or resort that doesn’t charge extra fees. Independent operators, local beds and breakfasts, and smaller resorts may not bother with such fees. It could take some digging, but if appropriate for your travel plans, give it a try.</li> </ul> <p>The push to eliminate fees will continue, and the tools listed here can be effective. Regulatory agencies can assist, as you’ve seen from the Marriott cases. If you believe that you’ve been charged extra fees in a deceptive manner, you can call and file a complaint with your state’s attorney general or the federal Consumer Financial Protection Bureau.</p> <h3 id="h-related-resources">Related Resources:</h3> <ul> <li><a href="https://www.findlaw.com/legalblogs/law-and-life/california-first-state-to-waive-administrative-court-fees-for-low-income-people/">California First State to Waive Administrative Court Fees for Low-Income People</a> (FindLaw's Law and Daily Life)</li> <li><a href="https://www.findlaw.com/legalblogs/criminal-defense/despite-speed-trap-pushback-many-small-towns-still-overly-dependent-on-traffic-fines-fees/">Despite Speed Trap Pushback, Many Small Towns Still Overly Dependent on Traffic Fines, Fees</a> (FindLaw's Law and Daily Life)</li> <li><a href="https://www.findlaw.com/legalblogs/courtside/visa-mastercard-swipe-fees-lawsuit-partly-settles/">Visa, Mastercard Swipe Fees Lawsuit Partly Settles</a> (FindLaw's Courtside)</li> </ul> <p>The post <a rel="nofollow" href="https://www.findlaw.com/legalblogs/consumer-protection/can-you-dispute-junk-fees/">Can You Dispute Junk Fees?</a> appeared first on <a rel="nofollow" href="https://www.findlaw.com"></a>.</p> Consumer Protection Law and Daily Life Heather Kennedy-Bordeaux, Esq. What You Can Do to Prevent Hospice Fraud https://www.findlaw.com/legalblogs/law-and-life/what-you-can-do-to-prevent-hospice-fraud/ FindLaw's Common Law urn:uuid:a2c40ae7-9260-67db-650c-e609d8b63fe3 Tue, 14 Feb 2023 13:07:36 -0400 FindLaw examines the hospice industry and revelations of fraud in some segments of it. Read this to learn how you can protect your loved ones from hospice fraud. <div id="playht-iframe-wrapper" style="max-height: 210px !important;"> <iframe scrolling="no" class="playht-iframe-player" id="playht-iframe-player" height="90px" width="100%" frameborder="0" style="max-height: 90px; height: 90px !important;" src="https://play.ht/embed/?article_url=https://content.findlaw-admin.com/findlaw/?p=202315&voice=en-US-JennyNeural&appId=20pMs4HDJ&trans_id=-NOFtDyxx3vn_Kvmv-hi" data-voice="en-US-JennyNeural" article-url="https://content.findlaw-admin.com/findlaw/?p=202315" data-appId="20pMs4HDJ" allowfullscreen=""> </iframe> </div> <p>Until recently, hospice programs generally enjoyed reputations for integrity and reliability.</p> <p>That distinction is fading fast.</p> <p>Born in the 1960s as a holistic movement to provide compassionate care for dying people, hospice gradually became ingrained in the health care system. In 1983, the movement achieved a major milestone when&nbsp;<a href="https://aspe.hhs.gov/reports/medicares-hospice-benefit-revising-payment-system-better-reflect-visit-intensity-0#:~:text=The%20Medicare%20hospice%20benefit%20was,illness%20runs%20its%20normal%20course." target="_blank" rel="noreferrer noopener">Medicare began covering hospice care</a>&nbsp;for beneficiaries with life expectancies of six months or less.</p> <p>That transformed hospice care into more of a business operation. Once provided primarily by nonprofit agencies, today more than two-thirds of hospices operate as&nbsp;<a href="https://fortune.com/2022/07/27/hospices-private-equity-firms-for-profit-end-of-life-care/" target="_blank" rel="noreferrer noopener">for-profit entities</a>.</p> <p>While hospice provides a compassionate end of life for most people in its care, recent revelations show that the industry suffers from a significant level of Medicare fraud.&nbsp;<a href="https://www.propublica.org/article/hospice-healthcare-aseracare-medicare" target="_blank" rel="noreferrer noopener">Investigations</a>&nbsp;are revealing a system with lax safeguards, providing an opportunity for unscrupulous providers to game it for easy profit.</p> <h2 id="h-how-the-fraud-works">How the Fraud Works</h2> <p>For starters, Medicare pays hospice providers a set daily rate per patient and requires nurses to visit only twice per month. And since most hospice care is at home, it's easy to keep overhead low and rely on unpaid family members to handle most of the work.</p> <p>The system also provides an inducement to recruit as many people for hospice as possible. The recent investigations reveal that some providers talk families into signing up loved ones for hospice too soon — and when they do, they sometimes give up curative care such as chemotherapy and lifesaving medications.</p> <p>Other findings:</p> <ul> <li>Because the federal government demands repayment from hospices when average patient stays exceed six months, some operators simply discharge patients from hospice. When patients are discharged, they lose pain medications, hospital beds, wheelchairs, and other items they may not be able to afford.</li> <li>Some hospice providers bribe physicians with all-expenses paid trips to Las Vegas or even&nbsp;<a href="https://www.justice.gov/opa/pr/texas-mayor-and-owners-health-care-company-charged-health-care-fraud-money-laundering-and" target="_blank" rel="noreferrer noopener">outright kickbacks</a>.</li> <li>Hospice oversight is scarce — regulations require inspections only once every three years. Despite widespread complaints, a&nbsp;<a href="https://oig.hhs.gov/oei/reports/oei-02-17-00020.pdf" target="_blank" rel="noreferrer noopener">government review of inspection records</a>&nbsp;between 2012 and 2016 found that a majority had serious deficiencies.</li> <li>Bad actors are rarely punished. A&nbsp;<a href="https://www.gao.gov/assets/gao-20-10.pdf" target="_blank" rel="noreferrer noopener">government report</a>&nbsp;found that between 2014 and 2017, only 19 of the 4,000 hospices in the U.S. were cut off from Medicare funding.</li> <li>Some providers had a practice of "ghosting" the dying at the very end of their lives when they are too sick to complain.&nbsp;<a href="https://jamanetwork.com/journals/jamainternalmedicine/fullarticle/2488922" target="_blank" rel="noreferrer noopener">One study</a>&nbsp;found that 12% of people in hospice care received no visits during the last two days of their lives.</li> </ul> <h2 id="h-enough-is-enough">Enough Is Enough</h2> <p>These revelations have prompted calls for reform.</p> <p>One of them is coming from the four largest hospice trade associations, which sent&nbsp;<a href="https://leadingage.org/wp-content/uploads/2023/01/Hospice-Program-Integrity-Ideas_Hospice-Industry-Consensus-Final-1.13.23-.pdf" target="_blank" rel="noreferrer noopener">a detailed memo</a>&nbsp;in January to the Centers for Medicare and Medicaid Services (CMS) calling for 34 changes to deal with the bad actors in their industry. The memo identified the "proliferation of hospices that exist primarily to be sold" as a problem in the industry and aimed five of their recommendations to deal with it.</p> <p>Other recommendations:</p> <ul> <li>Develop "red flag" criteria, such as co-location of hospices at a single address</li> <li>Prohibit individuals with a history of financial crimes from hospice ownership</li> <li>Implement a system of unannounced check-ins to confirm that offices are legitimate</li> <li>Require more frequent Medicare surveys</li> <li>Crack down on overaggressive marketing and sign-up campaigns</li> <li>Require states to improve access to hospice complaint hotlines</li> <li>Require background checks on all hospice owners and administrators</li> </ul> <p>In addition,&nbsp;<a href="https://www.baldwin.senate.gov/imo/media/doc/Hospice%20Oversight%20Letter%20Final.pdf" target="_blank" rel="noreferrer noopener">members of Congress</a>&nbsp;are calling upon the U.S. Department of Health and Human Services to "immediately investigate this situation."</p> <h2 id="h-if-you-are-contemplating-hospice">If You Are Contemplating Hospice</h2> <p>If you have a loved one who is nearing death with a terminal illness, a first step may be to read the&nbsp;<a href="https://www.medicare.gov/Pubs/pdf/02154-medicare-hospice-benefits.pdf" target="_blank" rel="noreferrer noopener">Medicare Hospice Booklet</a>, which details the various services that hospice provides.</p> <p>If you think it's time for hospice care, you then need to compare providers. A first step could be Medicare's own listings and ratings of&nbsp;<a href="https://www.medicare.gov/care-compare/?providerType=Hospice&amp;redirect=true" target="_blank" rel="noreferrer noopener">hospice providers</a>. You can compare survey ratings and other metrics, such as the percentage of medical conditions the provider most commonly treats and the levels of care they provide.</p> <p>Next, check out whether complaints have been filed about a provider. CMS publishes&nbsp;<a href="https://qcor.cms.gov/hosp_surveys/Hospice_landing.html" target="_blank" rel="noreferrer noopener">summaries of these investigations</a>&nbsp;from the previous three years.</p> <p>Next,&nbsp;<a href="https://www.propublica.org/article/how-to-research-your-hospice-and-avoid-hospice-fraud#:~:text=What%20are%20common%20signs%20of,certification%20on%20plans%20of%20care." target="_blank" rel="noreferrer noopener">interview prospective hospice providers</a>&nbsp;and ask whether they accept Medicare or other insurance.</p> <p>Other questions:</p> <ul> <li>How long has the hospice been serving patients in your locale?</li> <li>Is the hospice a nonprofit or for-profit organization?</li> <li>Who is the owner?</li> <li>Are there services the patient is receiving now that the hospice can't provide?</li> <li>Can the hospice confirm that it will provide a hospital bed and the necessary equipment?</li> </ul> <h2 id="h-if-you-suspect-hospice-fraud">If You Suspect Hospice Fraud</h2> <p>If you have a loved one in hospice and you suspect fraud, you can file a complaint with your state health department or with the&nbsp;<a href="https://qioprogram.org/file-complaint" target="_blank" rel="noreferrer noopener">Beneficiary and Family-Centered Care-Quality Improvement Association</a>. If you feel uncomfortable doing that, you should consider contacting the&nbsp;<a href="https://www.smpresource.org/Content/What-SMPs-Do.aspx" target="_blank" rel="noreferrer noopener">Senior Medicare Patrol</a>, a service that helps Medicare beneficiaries, their families, and caregivers report health care fraud.</p> <p>Our loved ones deserve good care during their final days. We need to make sure they receive it.</p> <h3 id="h-related-resources">Related Resources:</h3> <ul> <li><a href="https://www.findlaw.com/legalblogs/law-and-life/when-is-it-too-late-to-enroll-in-medicare/">When Is It Too Late to Enroll in Medicare?</a>&nbsp;(FindLaw's Law and Daily Life)</li> <li><a href="https://www.findlaw.com/legalblogs/personal-injury/hospice-care-negligence-can-i-sue/">Hospice Care Negligence: Can I Sue?</a>&nbsp;(FindLaw's Law and Daily Life)</li> <li><a href="https://www.findlaw.com/legalblogs/law-and-life/elder-abuse-do-we-need-to-better-guard-against-court-appointed-guardians/">Older Adult Abuse: Do We Need to Better Guard Against Court-Appointed Guardians?</a>&nbsp;(FindLaw's Law and Daily Life)</li> </ul> <p>The post <a rel="nofollow" href="https://www.findlaw.com/legalblogs/law-and-life/what-you-can-do-to-prevent-hospice-fraud/">What You Can Do to Prevent Hospice Fraud</a> appeared first on <a rel="nofollow" href="https://www.findlaw.com"></a>.</p> Consumer Protection Estate Planning Law and Daily Life blogs:consumer/law_and_life/health_safety Richard Dahl What Does It Mean When Food Is Labeled &#039;Organic&#039;? https://www.findlaw.com/legalblogs/law-and-life/what-does-it-mean-when-a-food-product-is-labeled-organic/ FindLaw's Common Law urn:uuid:97ce5002-94dc-8168-5759-6b9078694678 Tue, 07 Feb 2023 13:36:15 -0400 FindLaw looks at "organic food fraud" and what the U.S. Department of Agriculture intends to do about it. <div id="playht-iframe-wrapper" style="max-height: 210px !important;"> <iframe scrolling="no" class="playht-iframe-player" id="playht-iframe-player" height="90px" width="100%" frameborder="0" style="max-height: 90px; height: 90px !important;" src="https://play.ht/embed/?article_url=https://content.findlaw-admin.com/findlaw/?p=202276&voice=en-US-JennyNeural&appId=20pMs4HDJ&trans_id=-NNgwbkwIItLzhyhyCZD" data-voice="en-US-JennyNeural" article-url="https://content.findlaw-admin.com/findlaw/?p=202276" data-appId="20pMs4HDJ" allowfullscreen=""> </iframe> </div> <p>If you've wondered what makes food "organic," and why you need to pay more for it, you're not alone.</p> <p>You may have a vague sense that organic food is healthier for you than conventional foods. You might also hope that the lower levels of pesticide and herbicide in organic food production means better health for Mother Earth.</p> <p>But do you really know for sure?</p> <p>And what about those higher price tags?</p> <h2 id="h-new-guidelines">New Guidelines</h2> <p>For those of us who are willing to pay more for some certainty, there may be good news. On March 20, the U.S. Department of Agriculture will implement&nbsp;<a target="_blank" href="https://www.federalregister.gov/documents/2023/01/19/2023-00702/national-organic-program-nop-strengthening-organic-enforcement" rel="noreferrer noopener">new guidelines</a>&nbsp;to help us. Driven by a recognition that fraudulent "organic" food has been a widespread problem in the food industry for years, the guidelines are the single largest revision to the USDA's organic agriculture regulations in 33 years.</p> <p>The USDA has a&nbsp;<a target="_blank" href="https://www.usda.gov/media/blog/2012/03/22/organic-101-what-usda-organic-label-means" rel="noreferrer noopener">strict definition</a>&nbsp;of what "certified organic" means and only allows the use of that label by those who meet its standards. But according to the agency, the organic food market has grown increasingly complex. Supply chains are long, often global, and involve many businesses before products reach consumers. Some of the businesses in the supply chain fall outside USDA's regulatory reach.</p> <p>Meanwhile, consumers are increasingly turning their backs on processed food and have shown they are willing to pay premium prices for organic products even though they be uncertain of what it means.&nbsp;<a target="_blank" href="https://www.statista.com/statistics/196952/organic-food-sales-in-the-us-since-2000/" rel="noreferrer noopener">Sales of organic food products</a>&nbsp;have doubled in the last 10 years and recorded an especially sharp increase in the last couple of years after the pandemic forced Americans to do more home cooking.</p> <h2 id="h-crackdowns">Crackdowns</h2> <p>The USDA points to these two factors — the regulatory gaps and the allure of consumer demand — as the forces that are driving fraud. Law enforcers are taking notice:</p> <ul> <li>In January, the U.S. Justice Department&nbsp;<a target="_blank" href="https://www.justice.gov/opa/pr/multinational-corporation-and-several-individuals-charged-multimillion-dollar-organic-grain" rel="noreferrer noopener">indicted</a>&nbsp;two Dubai entities and several individuals for operating a multi-million-dollar scheme to export nonorganic soybeans to the U.S. as certified organic. The scheme allowed them to make 50% more than they should have with conventional soybeans.</li> <li>In 2022, a certified organic Minnesota farmer, James Wolf, was indicted for&nbsp;<a target="_blank" href="https://www.minnpost.com/politics-policy/2023/01/usda-tightens-organic-rules-amid-fraud-cases-like-a-46-million-alleged-scheme-by-minnesota-farmers/" rel="noreferrer noopener">conspiring to sell</a>&nbsp;$46 million in chemically treated crops labeled as organic crops. Authorities then accused a second Minnesota farmer, Adam Clifford Olson, of conspiring with Wolf. He made his first court appearance on Jan. 26.</li> <li>In 2021, a Florida man was&nbsp;<a target="_blank" href="https://www.dakotanewsnow.com/2021/02/23/south-dakota-businessman-sentenced-to-federal-prison-in-organics-fraud/" rel="noreferrer noopener">sentenced to four years in prison</a>&nbsp;for selling conventionally grown grain and seeds labeled as organic in South Dakota.</li> <li>In 2019, Missouri grain broker Randy Constant received&nbsp;<a href="https://www.justice.gov/usao-ndia/pr/field-schemes-fraud-results-over-decade-federal-prison-leader-largest-organic-fraud" target="_blank" rel="noreferrer noopener">an 11-year sentence</a>&nbsp;for selling more than $120 million of conventional grain falsely labeled as organic. Three Nebraska farmers also received prison sentences for their participation in the scheme, which involved selling the grain to buyers who used it mostly as feed for cattle and chickens to produce higher-priced "organic meat" and "organic eggs."</li> </ul> <h2 id="h-new-goals-and-targets">New Goals and Targets</h2> <p>For a product to earn USDA's certified organic label, it must be produced without toxic pesticides, synthetic fertilizers, synthetic hormones, genetic engineering, and other restrictions.</p> <p>As the legal prosecutions above point out, however, the USDA organic seal isn't necessarily enough to ensure that products are organic.</p> <p>The USDA says the new regulations will attempt to shore up the label's credibility in several ways:</p> <ul> <li>Requiring broader certification to include more businesses in organic supply chains</li> <li>Requiring organic certification of imports</li> <li>Increased inspections</li> <li>More stringent reporting requirements for certified operators</li> </ul> <h2 id="h-what-you-can-do">What You Can Do</h2> <p>Those who like to eat healthily and buy organic hope that the new guidelines will provide stronger assurances that when we buy organically labeled food, we are getting precisely that.</p> <p>For those who prefer organic food, it's best to simply make sure that products bear the&nbsp;<a target="_blank" href="https://www.usda.gov/media/blog/2016/07/22/understanding-usda-organic-label" rel="noreferrer noopener">USDA organic label</a>. But there will always be producers who make it&nbsp;<em>sound&nbsp;</em>like their products are organic when they are not. If you see a label that might seem fishy, the USDA maintains&nbsp;<a target="_blank" href="https://www.ams.usda.gov/services/enforcement/organic/fraudulent-certificates" rel="noreferrer noopener">a lengthy list of fraudulent organic certificates</a>&nbsp;from around the world.</p> <p>If you suspect a company is committing organic food fraud, the USDA has an&nbsp;<a target="_blank" href="https://organic-compliance.ams.usda.gov/" rel="noreferrer noopener">online reporting form</a>&nbsp;you can fill out.</p> <p>Here's to happy and healthy dining!</p> <h3 id="h-related-resources">Related Resources:</h3> <ul> <li><a href="https://www.findlaw.com/legalblogs/consumer-protection/what-does-the-natural-organic-local-really-mean-legally/">What Does the Natural, Organic, Local Really Mean Legally?</a>&nbsp;(FindLaw's Law and Daily Life)</li> <li><a href="https://www.findlaw.com/legalblogs/legally-weird/can-food-grown-without-soil-be-organic/">Can Food Grown Without Soil Be 'Organic'?</a>&nbsp;(FindLaw's Legally Weird)</li> <li><a href="https://www.findlaw.com/legalblogs/legally-weird/why-is-my-non-dairy-milk-called-almond-or-oat-beverage-now/">Why Is My Non-Dairy Milk Called Almond or Oat 'Beverage' Now?</a>&nbsp;(FindLaw's Legally Weird)</li> </ul> <p>The post <a rel="nofollow" href="https://www.findlaw.com/legalblogs/law-and-life/what-does-it-mean-when-a-food-product-is-labeled-organic/">What Does It Mean When Food Is Labeled &#039;Organic&#039;?</a> appeared first on <a rel="nofollow" href="https://www.findlaw.com"></a>.</p> Consumer Protection Law and Daily Life blogs:consumer/law_and_life/health_safety Richard Dahl Is It Legal To Gamble With Other People&#039;s Money? https://www.findlaw.com/legalblogs/law-and-life/is-it-legal-to-gamble-with-other-peoples-money/ FindLaw's Common Law urn:uuid:7f557928-5dd1-307a-7cf9-ce1932b13d1c Thu, 02 Feb 2023 17:47:47 -0400 FindLaw looks at proxy casino betting — placing bets for people not on the premises — aided by TikTok live streaming. <div id="playht-iframe-wrapper" style="max-height: 210px !important;"> <iframe scrolling="no" class="playht-iframe-player" id="playht-iframe-player" height="90px" width="100%" frameborder="0" style="max-height: 90px; height: 90px !important;" src="https://play.ht/embed/?article_url=https://content.findlaw-admin.com/findlaw/?p=202129&voice=en-US-JennyNeural&appId=20pMs4HDJ&trans_id=-NNJ4srVJY0GEgdKyeat" data-voice="en-US-JennyNeural" article-url="https://content.findlaw-admin.com/findlaw/?p=202129" data-appId="20pMs4HDJ" allowfullscreen=""> </iframe> </div> <p>Two Minnesota men are under investigation for collecting fees to gamble in casinos on behalf of others.</p> <p>The scheme in question, according to the Minnesota Alcohol and Gambling Enforcement Division,&nbsp;<a href="https://www.startribune.com/casinos-gambling-slots-livestream-tiktok-regulation-gaming-social-media-minnesota-betting-edina/600245130/" target="_blank" rel="noreferrer noopener">involves a suburban Minneapolis man, sometimes aided by his brother</a>, live streaming their gambling activities via TikTok.</p> <p>The suspects allegedly charge a $5.99 subscription fee and an additional $25 for every $100 customers wager on slot machines. The TikTok live stream is to prove to the subscribers they are wagering the money. The wagers and winnings flow in and out through payment apps like Venmo.</p> <p>If that sounds illegal, you're probably right. It's called proxy gambling, where the proxy charges a service fee to gamble money sent to them by people who then don't need to visit the casino. Although proxy sports betting has been legal for years in Las Vegas, it's generally illegal elsewhere in the U.S. and prohibited by casinos, including the two where the brothers conducted their operation.</p> <p>And there's nothing wrong with live streaming via TikTok — if casinos allow it. The problem is when TikTok live streaming is part of an illegal gambling operation.</p> <h2 id="h-a-brief-history-of-proxy-betting">A Brief History of Proxy Betting</h2> <p>Proxy betting was once common in&nbsp;<a href="https://www.forbes.com/sites/muhammadcohen/2016/09/27/not-online-gambling-remote-control-betting-pushes-casino-players-buttons/?sh=3e58de08400a" target="_blank" rel="noreferrer noopener">Asian casinos</a>, where bettors could be off-site or even out of the country and use their mobile phones to direct a proxy bettor (a friend, junket agent, or even a casino employee) to place bets for them.</p> <p>Obviously, people sometimes give a trusted friend cash to play in a slot machine for them. Gambling regulators become concerned when proxy casino gambling is systematic, as happened in 2016, when the Nevada Gaming Control Board investigated allegations that Las Vegas Sands Corporation allowed high-stakes Chinese players to bet millions of dollars&nbsp;<a href="https://www.reuters.com/article/us-usa-vegas-sands-exclusive/nevada-gambling-regulator-probes-las-vegas-sands-over-front-gamblers-idUSKCN12P2Z2" target="_blank" rel="noreferrer noopener">using other people's names</a>.</p> <h2 id="h-is-tiktok-proxy-gambling-growing">Is TikTok Proxy Gambling Growing?</h2> <p>While Minnesota investigators say their investigation is the first of its kind, it also appears that the Minnesota TikTok proxy gambling operation is not unique. It's&nbsp;<a href="https://lisamartens.medium.com/i-stumbled-upon-the-strange-world-of-tiktok-slot-gambling-11779a47b8d8" target="_blank" rel="noreferrer noopener">happening elsewhere</a>&nbsp;– and they are almost certainly illegal.</p> <p>As of Feb. 1, no charges had been filed against the Minnesota men, but the investigation is continuing. Nicole Roddy, a spokesperson for the gambling enforcement agency, said that when it comes to illegal gambling, "It's not just about making sure people follow the law; it's about consumer protection." Without legal assurance, she said, "If you place a wager, there's no guarantee that you'll get paid if you win. There's no way to know if the betting will be run fairly."</p> <p>One of the reasons why proxy gambling is illegal is that it provides&nbsp;<a href="https://www.findlaw.com/criminal/criminal-charges/money-laundering.html">an avenue for money launderers</a>. A spokesman for the American Gaming Association responded to news of the Minnesota investigation by saying that "actions like this" violate casinos' protocols against money laundering "and are a threat to our financial system."</p> <h2 id="h-popular-entertainment">Popular Entertainment</h2> <p>If casinos break the law, they run the risk of losing their operating licenses — and it appears that when the casinos caught wind of the TikTok operations in January they took quick action and kicked the operators out.</p> <p>Both casinos say they will continue to allow live streaming by gamblers on the premises, however. The reason is that live streaming is a popular form of entertainment for gambling fans, who can watch and learn from gamblers inside the casino in real-time and converse with fellow watchers in chat.&nbsp;<a href="https://www.tiktok.com/@ladyluckhq" target="_blank" rel="noreferrer noopener">Popular TikTok gamblers</a>&nbsp;have huge followings, and casinos benefit from it.</p> <p>If you're into gambling, it probably looks like fun. Just make sure that if you play, you do it on the premises with your own money.</p> <h3 id="h-related-resources">Related Resources</h3> <ul><li><a href="https://www.findlaw.com/legalblogs/criminal-defense/can-i-go-to-jail-for-online-gambling/#:~:text=As%20with%20most%20legal%20questions%2C%20whether%20you%27ll%20do,are%20%28legally%29%20safe%20to%20place.%20Federal%20Table%20Stakes">Can I Go to Jail for Online Gambling?</a>&nbsp;(FindLaw's Law and Daily Life)</li><li><a href="https://www.findlaw.com/legalblogs/courtside/can-congress-ban-tiktok/">Can Congress Ban TikTok?</a>&nbsp;(FindLaw's Courtside)</li><li><a href="https://www.findlaw.com/legalblogs/courtside/supreme-court-overturns-federal-sports-betting-ban/">Supreme Court Overturns Federal Sports Betting Ban</a>&nbsp;(FindLaw's Courtside)</li></ul> <p>The post <a rel="nofollow" href="https://www.findlaw.com/legalblogs/law-and-life/is-it-legal-to-gamble-with-other-peoples-money/">Is It Legal To Gamble With Other People&#039;s Money?</a> appeared first on <a rel="nofollow" href="https://www.findlaw.com"></a>.</p> Consumer Protection Law and Daily Life blogs:consumer/blotter/crime_in_the_news Richard Dahl Will FTX Clients Get Their Money Back? https://www.findlaw.com/legalblogs/law-and-life/will-ftx-clients-get-their-money-back/ FindLaw's Common Law urn:uuid:e12c6242-2c0b-0d75-3065-9f9364f833bf Thu, 01 Dec 2022 17:03:13 -0400 FindLaw examines how FTX's secret transfer of $10 billion to a sister trading firm will affect clients. <p>When the cryptocurrency exchange FTX secretly transferred $10 billion in client funds to its sister trading firm Alameda Research, FTX stopped being able to cover customer withdrawals. Soon after, both companies filed for bankruptcy protection. As the companies attempt to reorganize their business affairs in bankruptcy court, FTX's clients are asking, "Will I get my money back?" The short answer: Probably not.</p> <h2 id="h-the-long-answer">The Long Answer</h2> <p>FTX estimates that the company may have&nbsp;<a href="https://www.reuters.com/technology/ftx-officials-contact-with-us-regulators-filing-2022-11-15/" target="_blank" rel="noreferrer noopener">more than 1 million creditors</a>, whose ranks include everyday account holders who can't access their money due to the financial fiasco. While bankruptcy law provides a structure for orderly payment to creditors, it is uncertain at this stage how much money will be available to pay claims. So far, the company's new management has&nbsp;<a href="https://www.nbcnews.com/tech/crypto/new-ftx-ceo-details-complete-failure-corporate-controls-crypto-platfor-rcna57687" target="_blank" rel="noreferrer noopener">secured only $740 million in cryptocurrency</a>&nbsp;and is continuing to search for more assets.</p> <p>The bottom line: If FTX's assets are insufficient to cover all the claims against it, some creditors will not receive repayment. This means it is possible that account holders who lost money may not be made whole.</p> <h2 id="h-some-creditors-may-owe-money-to-the-bankruptcy-estate">Some Creditors May Owe Money to the Bankruptcy Estate</h2> <p>In its search for assets, the new FTX management may try to recover funds from creditors who received more money from FTX before the bankruptcy filing than they would have received if paid through the bankruptcy proceeding. In order to prevent an unequal repayment to account holders,&nbsp;<a href="https://www.reuters.com/technology/whats-next-ftxs-bankruptcy-2022-11-16/" target="_blank" rel="noreferrer noopener">a bankruptcy judge could allow FTX to "claw back" money</a>&nbsp;from clients who were able to make withdrawals leading up to the bankruptcy filing. FTX could then use these claw-backed funds to pay creditors a proportionate share of the available assets.</p> <h2 id="h-are-there-ways-to-recover-funds-outside-of-bankruptcy">Are There Ways to Recover Funds Outside of Bankruptcy?</h2> <p>Some account holders who used their FTX accounts as an alternative to a conventional&nbsp;<a href="https://www.nbcnews.com/tech/crypto/put-money-ftx-now-money-frozen-maybe-wiped-rcna57251" target="_blank" rel="noreferrer noopener">bank account or money transfer app</a>&nbsp;might wonder if their funds were insured by the U.S. Government. Despite what FTX once implied, these account holders would not be due money from the government because&nbsp;<a href="https://www.theverge.com/2022/8/20/23314401/ftx-money-isnt-insured-fdic-sam-bankman-fried-crypto-cease-and-desist" target="_blank" rel="noreferrer noopener">FTX accounts were not insured</a>&nbsp;by the Security Investor Protection Corporation (SIPC) or the Federal Deposit Insurance Corporation (FDIC).</p> <p>One former FTX client has proposed a&nbsp;<a href="https://variety.com/2022/digital/news/ftx-lawsuit-larry-david-tom-brady-stephen-curry-crypto-1235434627/" target="_blank" rel="noreferrer noopener">class action lawsuit</a>&nbsp;against FTX, its ex-CEO Sam Bankman-Fried, and a slew of celebrities who promoted the company. The lawsuit seeks unspecified damages and alleges that FTX and its wide range of brand ambassadors — including Larry David, Naomi Osaka, the Golden State Warriors, Tom Brady, and Giselle Bündchen — defrauded consumers by unlawfully selling unregistered securities in violation of Florida and U.S. law. The success of this case is unknown, but any damages recovered from FTX would come out of the same pot used to pay creditors through the bankruptcy court.</p> <p>If you are a creditor in the FTX bankruptcy case, it is important to carefully read any legal documents you receive about the case and to respond to them accordingly. If you have questions about your legal rights,&nbsp;<a href="http://xn--%09https-mr3d/lawyers.findlaw.com/lawyer/practice/bankruptcy-law" target="_blank" rel="noreferrer noopener">an experienced bankruptcy lawyer</a>&nbsp;may be able to help.</p> <h3 id="h-related-resources">Related Resources:</h3> <ul><li><a href="https://www.findlaw.com/criminal/criminal-charges/cryptocurrency-theft.html">Cryptocurrency Theft</a>&nbsp;(FindLaw's Learn About the Law)</li><li><a href="https://www.findlaw.com/bankruptcy/what-is-bankruptcy.html">What Is Bankruptcy?</a>&nbsp;(FindLaw's Learn About the Law)</li><li><a href="https://www.findlaw.com/legalblogs/consumer-protection/what-is-a-cryptocurrency-pump-and-dump-scheme/">What Is a Cryptocurrency Pump and Dump Scheme?</a>&nbsp;(FindLaw's Law and Daily Life</li></ul> <p>The post <a rel="nofollow" href="https://www.findlaw.com/legalblogs/law-and-life/will-ftx-clients-get-their-money-back/">Will FTX Clients Get Their Money Back?</a> appeared first on <a rel="nofollow" href="https://www.findlaw.com"></a>.</p> Consumer Protection Law and Daily Life blogs:consumer/law_and_life Arin E. 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