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BBB NEW BOARD CHAIR FOR 2013

1/18/2013

Posted on 1/18/2013 by

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NEWS RELEASE

For Immediate Release

January 16, 2013

Contact: Tom Bozikis (812) 473-0202 x 114

Tri-State Better Business Bureau Announces

New Board Chair for 2013

Evansville, IN– January 16, 2013 – The Tri-State Better Business Bureau announces that Raymond L. Farabaugh, President and co-owner of D-Patrick Motoplex, will serve as its new Board Chair in 2013. He will succeed Don Decker, President and CEO of Decker & Vickery Inc. dba Mills Body Shops and Mills Truck Equipment, who has served as Board Chair since January, 2012.

Farabaugh oversees the operations of D-Patrick Motoplex, a multi-franchise automobile dealership offering Mercedes-Benz, BMW, Porsche, Audi, Volkswagen, Nissan, Honda, Ford and Lincoln brands. The dealership is widely known in the Tri-State for extensive charity work and community involvement.

Farabaugh has served on the National Dealer Council for BMW and was the former chairman of the Dealer Advisory Board for Zurich Insurance Company. He is the sponsor and chair of the Mercedes-Benz Golf and Tennis Championships, which raise funds for local charities, and presently sits on the Community Board of Old National Bank.

Active in the community, Farabaugh is a past Board member of the Evansville Philharmonic, an avid supporter of Susan G. Koman (chairing the BMW Ultimate Drive committee for twelve years), and with his wife Mary Ellen, was awarded the Bobby Sloan Symbol of Hope Award by the Evansville Koman affiliate in 2007.

Farabaugh is active in Holy Rosary Church, where he spent many years chairing the Finance Committee and was awarded the coveted Bilski Award for service, in 2006.

Happily married with two sons, Farabaugh has earned a Bachelor of Science Degree in Psychology from the University of Dayton (1979) and completed Master's work in Industrial and Organizational Psychology at the University of Akron (1980).

The Tri-State Better Business Bureau congratulates Mr. Farabaugh on his new position of Board Chair and looks forward to his service in the coming year.

The board is currently served by 24 members, where Mr. Farabaugh has held a position since 2005.

BBB

BBB, the leader in advancing marketplace trust, is an unbiased non-profit organization that sets and upholds high standards for fair and honest business behavior. Businesses that earn BBB accreditation contractually agree and adhere to the organization’s high standards of ethical business behavior. BBB provides objective advice, free BBB Business Reviews^® and charity BBB Wise Giving Reports^®, and educational information on topics affecting marketplace trust. To further promote trust, BBB offers complaint and dispute resolution support for consumers and businesses when there is a difference in viewpoints. The organization is also a recognized leader in developing and administering self-regulation programs for the business community, and, with respect to the advertising industry, does that through a joint venture in conjunction with National Advertising Review Council partners. The first BBB was founded in 1912. Today, 115 BBBs serve communities across the U.S. and Canada, evaluating and monitoring more than four million local and national businesses and charities. Visit www.bbb.org for more information.

Tri-State Better Business Bureau

5401 Vogel Rd., Suite 410 Evansville, IN 47715

P 812-473-0202 F 812-473-3080

www.Evansville.BBB.org info@Evansville.BBB.org

Tri-State Better Business Bureau

1/16/2013

Posted on 1/16/2013 by

January 21, 2013

To Whom It May Concern:

Below please find a summary of the proper use of the BBB Accredited Business seal and/or BBB rating in advertising and editorial content. We are required to communicate this information to you on an annual basis.

Because of the frequent counterfeiting of the BBB trademarks, we request that your publication please assist us to ensure that only accredited businesses which meet the BBB standards display the BBB Accredited Business seal. The various acceptable versions of our Accredited Business seal are shown in the Attachment.

No other seal or BBB trademark may be displayed.

We would greatly appreciate if you would have the business provide you with confirmation of their accreditation and/or rating by providing a link to its BBB Business Review. You may also independently look up a business’s accreditation status and rating by visiting bbb.org and searching by city, state and business name. When in doubt, you may contact me at sbolin@evansville.bbb.org or 812-476-0515.

When accepting advertising from a business that wants to use the BBB seal in their ad, please refer to these guidelines to make sure only those businesses that meet our standards are advertising as such.

We have different guidelines depending on whether the advertisement is online or in traditional print media.

FOR ONLINE ADVERTISING INCLUDING SOCIAL MEDIA

Accredited businesses are permitted to:

Use the BBB Accredited Business seal to advertise their BBB accreditation with a hyperlink to their BBB Business Review. The minimum size the seal may be reproduced is 63x101 pixels for vertical seals and 96x37 pixels for horizontal seals. See the Attachment.

Advertise as a “BBB Accredited Business” and, at the business’s discretion, include their current rating, with or without the seal.

FOR TRADITIONAL, PRINT MEDIA ADVERTISING

Accredited businesses are permitted to:

Advertise the BBB Accredited Business seal and/or the statement “BBB Accredited Business.”

They may only advertise in the geographic area where they are accredited.

NON-ACCREDITED BUSINESSES

The BBBs also provide business reviews and ratings for non-accredited businesses based on the same set of ratings standards they apply to accredited businesses. Such businesses are not allowed to display the BBB Accredited Business seal because they have not agreed to adhere to the BBB Code of Business Practices and have not paid the requisite licensing fee.

Non-accredited businesses, however, may advertise their current BBB rating. For instance, “BBB rating of A+” is acceptable.

Again, we request that you verify the correct rating is being advertised by checking the online BBB Business Review. Note that ratings can change at

any time based on business complaints and other activity, and thus we require that a business always display a current rating.

GENERAL PROHIBITIONS

Under no circumstances can any advertising imply that a product or service is endorsed or preferred by BBB. Prohibited statements include “Member, BBB,” “Registered with BBB” or “Check out our record with the BBB.”

Under no circumstances can any advertising include the “Start with Trust®” service mark.

If you or any of your colleagues have questions, or if question arise when you are reviewing ad copy, again please do not hesitate to call or email me at sbolin@evansville.bbb.org or 812-476-0515.

Thank you for your continued support of our mission to Start with Trust®.

Sincerely,

Susan R. Bolin

Director of Media Relations

Phone: 812-476-0515 or 812-473-0202 x 116

Fax: 812-473-3080

sbolin@evansville.bbb.org

Tri-State Better Business Bureau

1/16/2013

Posted on 1/16/2013 by

January 21, 2013

To Whom It May Concern:

No other seal or BBB trademark may be displayed.

We have different guidelines depending on whether the advertisement is online or in traditional print media.

Don’t Let a Bad Tutor Waste Your Child’s Time or Your Money, BBB Advises

9/7/2012

Posted on 9/7/2012 by
Don’t let a bad tutor waste your child’s time or your money, BBB advises

BBB advice for finding a tutor

Evansville, IN. - Sept. 7, 2012 — The school year is back in full swing, and whether your child is preparing for the SAT or just needs a hand with math or science, a tutoring service can be a valuable tool. To make sure you get the most out of your money,
Nationally, BBB received close to 300 complaints against tutoring services in the last 12 months. Most allege parents were dissatisfied with the services offered. They felt their children did not improve with the tutoring program. Other consumers alleged tutoring services continued to bill them after they ended the program.

There are many different types of tutoring services available:

1) A private tutor can offer the most tailored approach for helping your child learn. However, this option is usually the most expensive, costing anywhere from $30 to $70 an hour.

2) A commercial learning center can provide a customized learning environment for your child. This service typically costs around $150 per week, which can be paid weekly or monthly.

3) Online tutoring services typically cost anywhere from $35 to $130 monthly.

Also remember that qualifying families with limited income can receive free tutoring sessions.

If you’re looking for a tutor, BBB recommends you follow these simple steps:

· Do your research. For information on tutoring services or commercial learning centers, view the company’s complaint history, rating and more on its BBB Business Review.

· Get referrals. Ask for referrals from your child’s teacher. Other parents and friends can be a great resource as well.

· Look for credentials. Check the tutor’s credentials and make sure he or she is qualified in the right subject area for your child’s needs.

· Schedule a meeting. Meet with the tutor and discuss measurable, specific goals. While a tutoring program can’t necessarily guarantee higher test scores, a tutor can help identify problem areas and address any specific subjects where your child needs help.

· Play a role. If you use a personal tutor, feel free to occasionally sit in on a session and observe how the tutor and your child are working together. Ask the tutor for advice on what you can do as a parent to help your child learn more effectively.

· Read the terms and conditions. While you might not have to sign a contract, be sure you understand details about your payment plan. Make sure you understand whether your credit card will be automatically charged each week/month, and what happens if you decide to stop going. Also, be sure to ask and understand what happens if your child is unhappy or you’re not seeing the results you expected. Do you receive a refund/credit? Get everything in writing.

· Check with U.S. Department of Education. Some families may qualify for low cost or free tutoring.

To BBB to Ring NYSE Bell to Celebrate Centennial

100 years of trust in the marketplace

Evansville, IN.- July 27, 2012 – Carrie A. Hurt, interim president and CEO at Council of Better Business Bureaus (CBBB), will have the special privilege of ringing the New York Stock Exchange Closing Bell today, July 27.

This bell-ringing event celebrates 100 years of BBB efforts to advance trust in the marketplace, and honors the high standards upheld by BBB Accredited businesses and charities.

Hurt will be accompanied by Metro New York BBB President and CEO Claire Rosenzweig; Metro New York BBB Board Chair Rhonda J. McLean, Deputy General Counsel of Time Inc.; members of the CBBB management team; and members of the Metro New York BBB Executive Committee and Board of Directors.

The ringing of the bell will be filmed by NYSE Euronext and uploaded to their YouTube channel (www.youtube.com/user/nysetv1) soon after the 4:00 pm EST market close. A live webcast of the event can be watched by going to: http://www.nyse.com/about/Video/newsbriefings.html.

To check the reliability of a company and find trustworthy businesses, visit bbb.org.

BBB to Ring NYSE Bell to Celebrate Centennial

7/27/2012

Posted on 7/27/2012 by
BBB to Ring NYSE Bell to Celebrate Centennial

100 years of trust in the marketplace

Evansville, IN.- July 27, 2012 – Carrie A. Hurt, interim president and CEO at Council of Better Business Bureaus (CBBB), will have the special privilege of ringing the New York Stock Exchange Closing Bell today, July 27.

This bell-ringing event celebrates 100 years of BBB efforts to advance trust in the marketplace, and honors the high standards upheld by BBB Accredited businesses and charities.

Hurt will be accompanied by Metro New York BBB President and CEO Claire Rosenzweig; Metro New York BBB Board Chair Rhonda J. McLean, Deputy General Counsel of Time Inc.; members of the CBBB management team; and members of the Metro New York BBB Executive Committee and Board of Directors.

The ringing of the bell will be filmed by NYSE Euronext and uploaded to their YouTube channel (www.youtube.com/user/nysetv1) soon after the 4:00 pm EST market close. A live webcast of the event can be watched by going to: http://www.nyse.com/about/Video/newsbriefings.html.

To check the reliability of a company and find trustworthy businesses, visit bbb.org.

Health Care Ruling Could Spark Scams, BBB Warns

7/2/2012

Posted on 7/2/2012 by

St. Louis, Mo., July 2, 2012 – The Better Business Bureau (BBB) is warning consumers to be on the lookout for scams related to the U.S. Supreme Court’s ruling that upheld the Affordable Care Act. Scams related to the federal health insurance law were reported almost as soon as the act was passed, and they’re likely to surface again.

In 2010, U.S. Health and Human Services Secretary Kathleen Sebelius notified state attorneys general and insurance commissioners that scammers were knocking on doors to sell phony policies, claiming there was a limited enrollment period and urging consumers to buy quickly. However, it will be two years before expanded coverage is available, and it’s very unlikely that it then would be sold door-to-door.

“These types of scams often crop up when there is news of a big change in government policy, whether it’s health insurance or tax credits.

Consumers who suspect fraud can contact the Insurance Consumer Hotline at 1-800-726-7390 or through the insurance department website, insurance.mo.gov. Illinois consumers can contact their state insurance department by calling 1-877-527-9431 or going online to insurance.illinois.gov.

The BBB has tips for consumers who are approached by door-to-door salespeople or unsolicited emails:

High-pressure tactics are often a part of fraudulent door-to-door sales and solicitations. Don’t let yourself be hurried, intimidated or coerced.
If you are interested in buying from a door-to-door seller, get everything in writing, including price, warranty and all conditions. Tell the salesperson you will check over the information and get back to him or her.
Always ask for proper identification before listening to the pitch.
Never let a stranger inside your home.
If you feel threatened, call the police.
Be skeptical of email offers or pop-up ads touting health insurance. Legitimate insurance companies aren’t likely to contact you online to sell insurance.

If you have concerns about salespeople who are knocking on your door, calling you on the phone, or sending you e-mail, contact the BBB at (812) 473.0202 or at

Scammers Fake Facebook Account Cancellation Notices

5/23/2012

Posted on 5/23/2012 by

Facebook users, watch out. A clever scam in the form of a fake account cancellation email is making the rounds, and it's easy to get fooled. Don't let the threat of losing your account trick you into installing malware on your computer.

How the Scam Works:

The scam starts with a suspicious email informing Facebook users that they have a received an "account cancellation request," reports computer security blog Naked Security. (See sample email below) Recipients are urged to follow a link to cancel the request.

Here's the clever part. The link appears to be official because it goes to a facebook.com address. Really, it links to a third-party application just running on the Facebook platform.

If you do click on the link, a message asks you to allow an unknown application to run on your computer. Click the "run" button, and you will see a message telling you to download the new version of Adobe Flash. The file that downloads is not the latest version of Flash, but code allowing hackers to spy on your activities and take control of your computer.

Title: Spending Your Tax Refund

4/18/2012

Posted on 4/18/2012 by

Evansville April 17, 2012

Do you spend weeks each spring eagerly anticipating your income tax refund? When the money finally comes in, is it gone tomorrow? You’re not alone. Many consumers view tax refunds as unplanned bonuses, but it makes more sense to plan for that new chunk of change so it doesn’t go to waste.

Making smart decisions with your money is a great way to reward yourself for all the hard work you did to earn it, It’s easy to get caught up in the excitement of unplanned or extra cash, but you’ll be glad you saved some of it for a rainy day when you need it.

Whether or not you are in need of debt relief, a tax refund provides the opportunity to improve your financial situation. BBB recommends the following tips to tax refund recipients:

Pay down your debt. Refund checks usually arrive when many consumers are still struggling with holiday bills. Use your refund for some much needed debt relief: pay off your credit card. If you have an outstanding balance on more than one credit card, you can either try to pay off the lowest balance card first (good for motivation) or direct the funds toward the card carrying the highest interest rate (wiser from financial perspective). Or, apply your refund toward other debts, like a car loan or a home equity loan.

Consider your financial goals. Are you trying to save for a down payment on a house or car? Do you hope to contribute to your child’s college tuition one day? Consider applying your tax refund toward these goals. If you don’t yet have a set of short-term and long-term financial goals, put one together. You’ll be more conscientious about how you spend your tax refund, or any other extra money that comes your way.

Save it for a rainy day. Why not give yourself an even bigger return on your tax refund by putting the money into a savings account–or an emergency savings account or retirement fund? Your tax refund will continue to grow if you put it into savings or invest the money. Plus, it’s always helpful to have a savings account to draw from when a major car repair bill, medical emergency or other unexpected expense comes along. That way, you don’t have to borrow money and add to your debt-load.

Keep things in perspective. Working your way out of debt can seem like a daunting task. Perhaps you assume that a small tax refund check won’t make enough of a dent in your debt. Think again. Every little bit helps. Paying down debt takes time, but steadily increasing your monthly payments does have an impact. Just stay focused on the end goal. It may take years to pay off your debt, but your ultimate reward — being debt-free — will be well worth the effort.

If debt is a continuing problem, consider a credit counselor. Certified consumer credit counseling agencies can assist people who are facing financial challenges and are looking for debt relief. BBB has information on Credit & Debt Counseling firms, including hundreds of Accredited Businesses. BBB Business Reviews are available for free at www.bbb.org

When researching company’s visit evansville.bbb.org or contact your BBB at (812)473-0202.

Spending Your Tax Refund

4/18/2012

Posted on 4/18/2012 by
Evansville April 17, 2012 Do you spend weeks each spring eagerly anticipating your income tax refund? When the money finally comes in, is it gone tomorrow? You’re not alone. Many consumers view tax refunds as unplanned bonuses, but it makes more sense to plan for that new chunk of change so it doesn’t go to waste. Making smart decisions with your money is a great way to reward yourself for all the hard work you did to earn it, It’s easy to get caught up in the excitement of unplanned or extra cash, but you’ll be glad you saved some of it for a rainy day when you need it. Whether or not you are in need of debt relief, a tax refund provides the opportunity to improve your financial situation. BBB recommends the following tips to tax refund recipients: Pay down your debt. Refund checks usually arrive when many consumers are still struggling with holiday bills. Use your refund for some much needed debt relief: pay off your credit card. If you have an outstanding balance on more than one credit card, you can either try to pay off the lowest balance card first (good for motivation) or direct the funds toward the card carrying the highest interest rate (wiser from financial perspective). Or, apply your refund toward other debts, like a car loan or a home equity loan. Consider your financial goals. Are you trying to save for a down payment on a house or car? Do you hope to contribute to your child’s college tuition one day? Consider applying your tax refund toward these goals. If you don’t yet have a set of short-term and long-term financial goals, put one together. You’ll be more conscientious about how you spend your tax refund, or any other extra money that comes your way. Save it for a rainy day. Why not give yourself an even bigger return on your tax refund by putting the money into a savings account–or an emergency savings account or retirement fund? Your tax refund will continue to grow if you put it into savings or invest the money. Plus, it’s always helpful to have a savings account to draw from when a major car repair bill, medical emergency or other unexpected expense comes along. That way, you don’t have to borrow money and add to your debt-load. Keep things in perspective. Working your way out of debt can seem like a daunting task. Perhaps you assume that a small tax refund check won’t make enough of a dent in your debt. Think again. Every little bit helps. Paying down debt takes time, but steadily increasing your monthly payments does have an impact. Just stay focused on the end goal. It may take years to pay off your debt, but your ultimate reward — being debt-free — will be well worth the effort. If debt is a continuing problem, consider a credit counselor. Certified consumer credit counseling agencies can assist people who are facing financial challenges and are looking for debt relief. BBB has information on Credit & Debt Counseling firms, including hundreds of Accredited Businesses. BBB Business Reviews are available for free at www.bbb.org When researching company’s visit evansville.bbb.org or contact your BBB at (812)473-0202.

ALERT !

3/29/2012

Posted on 3/29/2012 by

ALERT!

Better Business Bureau is issuing an urgent SCAM alert cautioning our accredited businesses about an email that looks like it is from BBB with a subject line of “The Better Business Bureau customer complaint.” This e-mail is fraudulent; ignore its contents and delete it immediately. Clicking on the link inside this email takes you to a website where a virus is downloaded on to your computer. The virus may attack your computer system right away or it could lay in wait and steal personal or banking information. If you have already clicked on a link in the e-mail, run a full virus scan of your computer. You may also wish to monitor your bank and credit card accounts to ensure that there have not been any unauthorized transfers.

The Council of Better Business Bureaus has reported the phishing scam to the Internet Crime Complaint Center and is working with the FTC and FBI. We appreciate your patience as we work to shut down these sites.

Example of SPAM email:

Valued business manager, we have obtained several complaints through the Better Business Bureau online complaint center regarding several unauthorized transaction from a number of private bank accounts to your corporate account. You can view the complaints in our online complaint center using the following link:

The BBB Complaint Center

Your login data:

Complaint ID: #11491

Password: 10982:

The Better Business Bureau acts as an intermediary between US and Canadian consumers and business, and assists in mitigating consumer-related issues as an impartial third-party service. In special cases The Better Business Bureau has the right to initiate a formal investigation of a business involved in feedback.

Sincerely,

Dispute Resolution Officer. Daquan Morris

Council of Better Business Bureaus

3033 Wilson Blvd, Suite 600

Arlington, VA 22201

ALERT !

3/29/2012

Posted on 3/29/2012 by

ALERT!

Example of SPAM email:

The BBB Complaint Center

Your login data:

Complaint ID: #11491

Password: 10982:

Sincerely,

Dispute Resolution Officer. Daquan Morris

Council of Better Business Bureaus

3033 Wilson Blvd, Suite 600

Arlington, VA 22201

BBB Warns Consumers About "Robo Calls"

2/16/2012

Posted on 2/16/2012 by

February 16, 2012, Evansville, In. — The Tri-State Better Business Bureau (BBB) has been receiving calls and letters from consumers regarding repeated, unsolicited “robo calls” to both their home and cell phones.

The calls are recorded messages offering to lower credit card interest rates. Consumers report that the message requests, “press 1 to speak with a representative.” However, when they do so, the caller hangs up on them.

In addition, one of the reported phone numbers that the calls appear to be coming from, was a former Fond Du Lac cell phone number that belonged to a family seven years ago, and is no longer current. As a result, the family is now receiving harassing phone calls from angry consumers. They told the BBB via letter that they “are not the responsible party for the harassing phone calls.” In fact, they are working with the state, local law enforcement, and the FCC in an attempt to get to the bottom of this situation.

Likely, the perpetrator behind the calls is using a call “spoofing” mechanism. Spoofing is the practice of causing a telephone device to display a number on the recipient’s caller I.D. that is not the actual originating phone number. It is accomplished by using a spoofing device or software mechanism.

If you receive such a phone call, the BBB recommends that you report the call to the Federal Trade Commission: https://www.ftccomplaintassistant.gov/. Also, check with your cell phone provider. Many providers allow phone numbers to be blocked from calling you, at no additional charge.

The BBB reminds consumers not to give out any personal or financial information over the phone to any unknown caller.

For more information or further inquiries, please contact the Tri-State BBB at www.evansville.bbb.org or 812-473-0202

Debit Card Dangers

2/9/2012

Posted on 2/9/2012 by
2/9/2012 Evansville, IN. - Credit or debit? Choosing the right option at the right time can help protect from unwanted charges and skimming scams.

When charged, debit cards automatically withdraw money directly from checking accounts; whereas credit cards extract funds from credit accounts. Most credit issuers carry zero liability policies so card users can dispute unauthorized charges from fraud and undelivered products or services. Debit cards typically carry limited liability policies that require cardholders to cover a percentage of the lost funds.

Debit cards can come in handy for many purchases, but frankly it's more difficult to recoup stolen funds from debit cards. Due to built-in protections, BBB urges cardholders to choose credit over debit for certain purchases. BBB points out five dangerous transactions for debit cards:

Online Shopping: Websites, e-retailers and other online service providers may be trustworthy and well-intentioned, but there are other potential risks, such as: shared wireless networks, unsecure Internet connections, data breaches, company impostors, hackers and other online schemers. There is significant anonymity on the web so shop safely; review companies carefully, read privacy policies and make sure sites are secure before releasing payment information.
ATM Cash: Skimmers tamper with automatic teller machines and card terminals by inserting skimming devices on card readers and installing miniature spy cameras. Only use monitored ATM's in well-lit areas near trusted banks and busy shopping centers. Avoid using machines with askew card slots and keypads.
Gas: Card skimmers also meddle with unattended pay-at-the-pump gas station terminals; low-traffic highway rest stops can be particularly vulnerable.
Dining and Drinking: Restaurants, food delivery services and bars sometimes keep customer payment information on file, hold cards for tabs or process payments behind closed doors. Once cards are out of sight, they are at risk of falling into the wrong hands; cards can get overcharged or copied and used without permission.
Down Payments and Deposits: Companies that sell expensive merchandise may offer programs or allow consumers to reserve goods with deposits. It is best to charge pre-payments and pricey purchases on credit cards, in case businesses close unexpectedly or orders are not fulfilled.

Regardless of payment method, check retailers on http://www.evansville.bbb.org or call 812-473-0202

BBB Advises Consumers To Check Credit Reports Regularly With Credit Bureaus

2/7/2012

Posted on 2/7/2012 by

Evansville, IN., Feb. 7, 2012 – Keeping tabs on your credit report is an important part of staying fiscally fit, the Tri-State Better Business Bureau (BBB) advises. However, consumers should avoid using some advertised services that promise “free” credit reports, credit scores or credit monitoring services.

Many advertisements on television or online claim to offer “free credit reports,” “free credit scores” or “free credit monitoring.” Often, the service is free only if you sign up for another service that isn’t free. In some cases, the advertisers may be attempting to steal your identity or sign you up for something that results in a monthly fee charged to a credit card.

The only way to get a truly free copy of a credit report is by using a service sponsored by the three nationwide credit reporting agencies – Experian, Equifax and Transunion. The service is available at AnnualCreditReport.com or by calling 1-877-322-8228. Consumers also may go to the website and download a request form that can be mailed to an address in Atlanta. Mailed reports normally arrive within two or three weeks.

The BBB offers the following tips for consumers who want to check their reports:

Do not access the Annual Credit Report request service through links from unfamiliar websites. If you get an email or see a pop-up ad claiming it’s from AnnualCreditReport.com or any of the three nationwide consumer reporting companies, do not reply or click on any link in the message. To help ensure the privacy and protection of your personal information, go to AnnualCreditReport.com directly to request your free annual credit report either through a secure website, by phone or by mail. AnnualCreditReport.com will not approach consumers via email, telemarketing or direct mail solicitations.
Consider pulling your reports every three or four months. While you can pull reports from all three credit bureaus at once, consider pulling your credit reports one at a time spread through the year. Pulling your reports separately allows you to better monitor your reports and keep track of any changes or new information that may appear on your credit report. If you pull all your reports at once, you won’t be eligible to pull a free report again for 12 months.
Pull your child’s credit report. Child identity theft remains a national problem, so it makes sense to see if your child has a report. The credit reporting agencies do not knowingly maintain credit files on minor children, but you can contact the credit reporting agencies directly, and they can run the report. If there is one, your child could be a victim of identity theft.
Avoid companies that claim they can improve your credit for free. The Federal Trade Commission warns consumers to be wary of companies that make claims regarding credit repair. These companies, commonly called credit clinics, don't do anything for consumers that consumers cannot do for themselves at little or no cost. Beware of any organization that offers to create a new identity and credit file for you. For more information on credit clinics and a list of warning signs visit www.ftc.gov.
Dispute inaccuracies on your credit report. Inaccurate, derogatory information can lower your credit score and may indicate possible fraudulent activity. If you find information that you believe is inaccurate, you have the right to dispute it free of charge. Contact the reporting agency you pulled your report from to file your dispute.

BBB services to the public are free.> Find BBB Business Reviews by going online to http://www.evansville.bbb.org or calling 812-473-0202

Don’t Let an “Authorization Hold” Hold You Hostage

2/3/2012

Posted on 2/3/2012 by
Evansville,IN. – Credit is a convenience; it allows you to charge a meal on your credit card, pay for an appliance with an installment plan, or take out a loan to buy a house. With credit you can make a purchase when you lack ready cash, and you can enjoy the purchase while you are paying for it.

However, when dining out at a fancy restaurant or spending the night away in a hotel, it’s important to take notice of what the banking industry calls an “authorization hold.”

The issue was first identified by BBB of Southern Arizona when a customer complained that a restaurant had put through a charge equal to his bill plus 20%, even though he had left the server’s tip in cash. Upon investigation, Dispute Resolution Specialist Micaela Clubb discovered that it’s a common practice.

How Authorization Holds Work

Here’s how it works: Let’s say your restaurant bill comes to $100 and you give the server your credit card. When they run it through, they put an authorization hold on your account for $120, assuming you’re going to add a nice tip to the bill. But you leave the tip in cash on the table instead. Still, your bank or credit card company “holds” that $120 for a couple of days until the actual amount of your charge is processed…and that means you don’t have access to that $20. If you are close to your credit limit, it could mean a purchase is declined. If you used a debit card, it could mean a bounced check and overdrafts fees.

Now imagine it’s a hotel stay. You’ve checked in and given a credit card at the front desk. They put an authorization hold on your card for what they think your total bill will be (room charge, taxes, incidentals). If you are staying for several nights, this could amount to a lot of money that you no longer have access to; and when you are traveling, that can be a huge problem.

What You Can Do

Credit card processors discourage vendors from doing these kinds of holds, but they are perfectly legitimate as long as the vendor notifies customers of the practice. BBB advises consumers to keep tabs on their credit and bank accounts online, especially when traveling, and read the fine print on hotel agreements. When dining, pay for your check and tip together with either credit or cash, but not both. And whenever possible, keep a “cushion” of available funds on credit cards by paying off the balance regularly.

For more consumer information you can trust, visit www.evansville.bbb.org/

Super Bowl Scams Range From Fake Ticket Offers To Hotel Packages To Counterfeit Merchandise

1/31/2012

Posted on 1/31/2012 by

Evansville, IN., Jan. 31, 2012 – The Super Bowl is shaping up to be a ratings bonanza with teams from two big media markets, New York and Boston. The Tri-State Better Business Bureau (BBB) warns that publicity about the game is likely to breed scams as well.

When major sporting events make a splash, scammers try to capitalize on the scarcity of tickets and fans desire to snap up souvenirs or team jerseys. The BBB advises fans to check out offers with the BBB before plunking down their money or giving credit card numbers.

While counterfeit items may seem like a good deal, they are actually stolen goods. If you love your team, don’t buy a hat or jersey from someone who has stolen the team’s name and logo for their own profit. Many counterfeit items are more cheaply made than genuine merchandise, which means they may not last as long as the real thing.

Buying counterfeit memorabilia online poses even more potential problems. Some websites don’t even have merchandise to sell. They just want your credit card number and personal information so they can steal your identity or drain your bank account. The best way to ensure you are getting official sports gear is to buy directly from the team or league websites, from official vendors at the stadium or from other trusted stores.

Ticket scams often are rampant for events like the Super Bowl, which is a sellout more often than not. Craigslist has thousands of Super Bowl tickets listed, but the site offers no guarantees and sellers don’t have to provide identification to list tickets. If you decide to try buying a ticket outside the event, remember that there are no refunds or guarantees there, either.

The BBB’s website lists reputable, secondary market ticket firms that provide buyer protections, including money-back guarantees if tickets are fake. On some sites, sellers also must provide credit card numbers so the site can charge a seller’s card for the cost of replacement tickets if they sell fake tickets. Before you buy, check out a seller’s Business review and you can find out whether complaints have been filed against the business and how the company handled any complaints.

Lodging scams also can be a problem for events like the Super Bowl. Scammers may lure people by advertising low prices – or they may charge a premium by claiming that the hotel is close to the ballpark when it isn’t. Others may offer tickets with the hotel room, but you have little or no way of verifying whether the tickets are real.

The BBB advises fans to ask lots of questions and be wary of any offer that requires wiring money. When you send money by wire, it is almost impossible to get it back or to trace the recipient, who may be overseas.

The following are some BBB tips for avoiding scams connected to special events:

Read ads carefully to understand what is being offered and what the price will be.
Ask the seller where he or she is located and how he or she may be contacted after the sale. If the seller is evasive, don’t pursue the offer.
When booking hotels, ask for the name, address and phone number of the hotel where the room is located, and call the hotel to verify that the room actually exists. Check the hotel’s website or a reputable travel site to be sure that the location is convenient for getting to and from the ballpark.
Be wary of ads that pile on incentives to make the package look better. Often the items – such as lanyards, T-shirts or other trinkets – have limited value.
Use a credit card. A credit card company can assist you with obtaining a refund if the offer turns out to be fraudulent.
Do your research. A variety of travel guidebooks and online reviews address services and amenities at hotels and motels.
Make sure you get a confirmation number when reserving a room. Also, make sure you know check-in and check-out times. Understand what type of room you are reserving (smoking/nonsmoking, queen or double beds, regular room or suite, etc.)
If you have any concern about the quality of a motel or hotel, ask to inspect your room before moving in. You have a better chance to get satisfaction from staff or management if you have not already accepted your room.

Before you do business with a charity or company, check its BBB Business Review at www.evansville.bbb.org or by calling 812.473.0202.

BBB warns of Do Not Call phone scam

1/30/2012

Posted on 1/30/2012 by

BBB warns of Do Not Call phone scam

Scammers pose as representatives from the National Do Not Call Registry

Evansville, IN. - Jan. 30, 2012 – The Tri-State Better Business Bureau warns consumers that scammers are making phony phone calls claiming to represent the National Do Not Call Registry.

According to DoNotCall.gov, “The calls claim to provide an opportunity to sign up for the Registry. These calls are not coming from the Registry or the Federal Trade Commission, and you should not respond to these calls. To add your number to the Registry you can call 888-382-1222 from the phone you wish to register, or go click on ‘Register a Phone Number’ in the left column of this page.”

The National Do Not Call Registry gives consumers an opportunity to limit the telemarketing calls they receive. Once they register their phone number, telemarketers covered by the National Do Not Call Registry have up to 31 days from the date their telephone number is registered to stop calling.

BBB reminds consumers:

Do not provide any personal information to unknown callers, including bank information, Social Security Number and contact information.

If your number is already registered with the Do Not Call Registry, your registration does not expire. You can verify if and when your number was registered by going to DoNotCall.gov.

The Federal Trade Commission does not allow private companies or other third parties to register consumers for the National Do Not Call Registry. Websites or phone solicitations that claim they can or will register a consumer’s name or phone number on the National Do Not Call Registry — especially those that charge a fee — are almost certainly a scam.

FCC regulations prohibit telemarketers from using automated dialers to call cell phone numbers. As automated dialers are standard in the industry, most telemarketers are barred from calling consumers on their cell phones without their consent. However, you can still register your cell phone number if you’d like.

You can file a complaint with The National Do Not Call Registry if you are still receiving unwanted phone calls after your number is on the registry for 31 days. Record the date and time the calls were made so that you can include that information in your complaint.

Report telephone scams to BBB, the FTC and the Texas State Attorney General. The Telemarketing Sales Rule gives the FTC and local law enforcement officers the power to prosecute fraudulent telemarketers who operate across state lines.

To findA trustworthy Business visit evansville.bbb.org.

Making Payments on Smartphones Has Risks

1/24/2012

Posted on 1/24/2012 by

Evansville, IN.– January 24, 2012 – As technology continues to rapidly evolve, more and more consumers are turning to their smartphones and tablet devices to do just about everything, including paying bills and making purchases. Unfortunately, while these technologies may be convenient and wildly popular, they may not be as secure as one would assume.

According to a recent analysis conducted by Consumer Reports, if you use your cell phone to make mobile payments, your level of protection against financial liability if something goes wrong will vary depending on your wireless carrier's policies and your cell phone contract.

Protections are not the same as those that are guaranteed for direct transactions made with credit and debit cards.

Often technology moves faster than the security to accompany it, this is the case with smartphones and similar devices so consumers need to know what protections are in place, as well as what the risks are.

To avoid problems with your device carrier and/or merchants you purchase from, keep these tips in mind:

Read your contract and make sure you understand your protections. If something isn’t clear, contact the carrier and ask questions.
As much as we would like to think of smartphones or iPads as a mini computers, they are not and may not have security software available. Find out if your device has such software available and purchase it to keep your transactions as safe as possible just like you would with your laptop.
Beware of fake apps. Make sure that your device has a screening process in place for each app you download. Remember that oftentimes, fake apps are the free ones. Also, try to research and review apps before downloading to see if anyone has had any problems with it.

BBB Tips on Finding a Tax Preparer

1/24/2012

Posted on 1/24/2012 by

Most Americans will get assistance from a professional tax preparer or tax software when filing their taxes this year. Better Business Bureau encourages taxpayers to use caution when selecting tax preparation help. Using the wrong preparer could cause the taxpayer a lot of headaches, fines, and fees.

According to the IRS, 80 percent of Americans enlist the help of a tax preparer or tax software when filing their taxes. Unfortunately, every year BBB receives thousands of complaints from consumers against tax preparers. Complainants often state that the tax preparer made errors in their return, which resulted in fines and fees.

BBB wants to remind you, that you are responsible for the accuracy of information on your tax return, whether you prepare the return or hire someone else to do so. Consider these factors:

· Avoid tax preparers who claim they can get you bigger refunds than others, or larger ones than what you've gotten in previous years.

· Be very careful when choosing a tax preparer. Try to use preparers that others have already used and can vouch for. Remember if someone else prepares your return, you are ultimately responsible for all the information on the tax return.

· Avoid preparers who base their fee on a percentage of the amount of the refund.

· Consider whether the individual or firm will be around to answer questions about the preparation of your tax return, months, even years, after the return has been filed.

· IRS criminal investigation department reminds you to never sign blank tax forms.

· Before you accept the offer, consider the cost of “instant refunds” or “refund anticipation loans” that may be offered by tax preparers or the sellers of tax preparation software. The IRS will usually direct deposit your tax refund to your bank account within a few days after your return is filed. This can turn your “instant refund” into a very high cost short-term loan.

For more advice on finding professionals you can trust, visit www.evansville.bbb.org or call 812-473-0202.

Scammers delight in using the BBB name: Don't open fake email

1/19/2012

Posted on 1/19/2012 by

For the fourth time since November, 2011, scammers have shown that they recognize the power of the BBB name. The latest misuse of the BBB trusted name is another phony complaint notification.

The message says that the recipient has a complaint pending against them with the BBB and instructs them to click on a link to see and respond to the complaint. Once clicked, malware invades the user’s computer.

The email is sent from multiple addresses with the subject line "Complaint #" followed by a nine-digit number. BBB Accredited and non-Accredited Businesses have been targeted, and some consumers have also received the email.

Some emails appear to be coming from risk@bbb.org and service@bbb.org and contain the Council of Better Business Bureau’s (CBBB) address in Arlington, VA at the bottom of the message

Recipients of any such emails should NOT click on the link and should immediately delete the message.

The BBB has advised that anyone who receives a phishing email to take the following precautionary steps:

· Do not click on any links or reply to the message

· Completely delete the message from your inbox

· Run a full virus scan on your computer if you did click on any links

If you have concerns that you might have an actual complaint, please contact your local BBB office immediately at 812-473-0202 or at www.evansville.bbb.org.

BBB reminds consumers of their free annual credit report

1/17/2012

Posted on 1/17/2012 by
Evansville, IN. — Jan. 17, 2012 — Start the new year knowing your credit is in good standing and your credit report is accurate. Under the Fair Credit Reporting Act, consumers can receive a free copy of their credit report from each of the three nationwide reporting agencies — Experian, Equifax and TransUnion — every 12 months. Pulling your credit report annually is a smart way for consumers to understand their financial health, as well as avoid financial and identity fraud. Many television advertisements and websites claim to offer “free credit reports,” “free credit scores” or “free credit monitoring.” However, BBB reminds consumers that AnnualCreditReport.com is the only authorized source for free annual credit reports under federal law. Additionally, BBB reminds consumers that a credit report is different than a credit score. A credit report is a snapshot of your credit use history which gives a lender a view of whether you pay your debts back or not. Your credit score is a number which shows lenders how much of a risk you are in paying back a debt. BBB offers these tips for pulling your annual credit report: · Do not access the Annual Credit Report Request Service through links from unfamiliar websites. If you get an e-mail or see a pop-up ad claiming it’s from AnnualCreditReport.com or any of the three nationwide consumer reporting companies, do not reply or click on any link in the message. To help ensure the privacy and protection of your personal information, go to AnnualCreditReport.com directly to request your free annual credit report either by secure website, phone or email. AnnualCreditReport.com will not approach consumers via email, telemarketing or direct mail solicitations. · Consider pulling your reports quarterly. While you can pull all three credit reports at once, you can also consider pulling your credit reports quarterly. Pulling your reports separately allows you to better monitor your reports and keep track of any changes or new information that may appear on your credit report. If you pull all your reports at once, you won’t be eligible to pull your report for another 12 months. · Pull your child’s credit report. As child identity theft remains a national problem, it can be just as imperative to pull your child’s report as it is to pull your own. While the credit reporting agencies do not knowingly maintain credit files on minor children, you can contact the credit reporting agencies directly and they can run the report. · Avoid companies that claim they can improve your credit for free. The Federal Trade Commission cautions consumers to be wary of companies that make claims regarding credit repair. These companies, commonly called credit clinics, don't do anything for consumers that consumers cannot do for themselves at little or no cost. Beware of any organization that offers to create a new identity and credit file for you. For more information on credit clinics and a list of warning signs visit www.ftc.gov. · Dispute inaccuracies on your credit report. Inaccurate, derogatory information can lower your credit score and may indicate possible fraudulent activity. If you find information that you believe is inaccurate, you have the right to dispute it free of charge. Go directly through the reporting agency you pulled your report from to file your dispute. To check the reliability of a company and find trustworthy businesses visit www.evansville.bbb.org.

New BBB Board Chair for 2012

1/9/2012

Posted on 1/9/2012 by

Advice on Rebates and Refunds

1/3/2012

Posted on 1/3/2012 by

What do rebate and refund policies have in common, particularly this time of year? They're a source of confusion and aggravation for consumers who didn't fully understand them when making a purchase.

An editor at Consumer Reports estimated that 40 percent or more of people who are enticed to buy a product by the offer of a rebate never get it because they fail to meet processing requirements. Others simply forget to file for the rebate.

We offer the following advice for making a purchase that includes a rebate:

• Read the instructions carefully. Some rebates require many steps. If you miss any of those requirements, it could delay the process or cause you to lose the rebate altogether.

• Pay particular attention to timelines. Many offers are only good for a limited time. If you set the paperwork aside with the intention of completing it later, you may be too late when you get around to it.

• Save all the packaging from the product until after you get your rebate. Rebates often require you to include part of the packaging, like the UPC code.

• Make a copy of all the information you're sending, including the rebate form, receipts and the UPC code on the box or other packaging.

• Consider sending it by certified mail so that you'll have proof of delivery.

• If you don't receive your rebate within the time promised, call the manufacturer. Sometimes retailers and manufacturers use a third party company to process the paperwork. Many major retailers have staff on hand to assist with problems.

• Federal law requires companies to send rebates within the time frame promised. If no time is specified, they should be sent within a "reasonable" time, which the Federal Trade Commission interprets as 30 days. If you don't get your rebate, file a complaint with the Better Business Bureau, your state consumer affairs office or the Federal Trade Commission.

Confusion about store refund and exchange policies generates many complaints to the BBB. A fellow bought a $1,500 ring as a surprise anniversary present for his wife. After getting it sized and taking it home, he decided it really wasn't what he wanted. The store refused to refund his money, citing their policy of not issuing refunds for jewelry that's been sized. He said he wasn't told that; they said he was. He should have asked. The policy was posted in the store.

A store is required to take merchandise back if it's defective or was misrepresented. Otherwise, offering refunds or exchanges is voluntary on the part of the store. Health regulations may prohibit the return of items such as hats, bathing suits and other intimate apparel. If the product has a warranty, you may be required to return it to the manufacturer if it's defective.

We offer the following advice regarding refund policies:

• Be sure you know the store's return policy before buying the item. Does it allow a full refund, an exchange or a store credit? Policies may differ for sale and clearance items.

• Find out if there are any restocking fees.

• If there's a warranty, understand what it requires you to do if the merchandise is defective.

• Understand what time period is allowed for returning an item.

• Save your receipt and the packaging that the item was wrapped in until you're sure it won't be returned.

BBB Advises Shoppers To Watch Out For Fees, Tampering When Buying Gift Cards

12/21/2011

Posted on 12/21/2011 by
Evansville, IN., Dec. 21, 2011 – The Tri-State Better Business Bureau (BBB) advises consumers to check the fine print on gift cards and make sure security seals are intact before buying them for holiday gifts. With more families spread across the nation — or even around the globe — shoppers may see gift cards as an attractive way to remember loved ones over the holidays while avoiding the hassle of finding the right size or saving on shipping costs. Last year, gift cards valued at $97.2 billion were sold in the United States. The Credit Card Accountability, Responsibility and Disclosure (CARD) Act, which took effect last year, provides some protections to consumers who receive gift cards, such as requiring that card balances remain valid for five years after issuance or after they were last loaded with money. Fees and expiration dates may still apply, however, and fees can erode the value of the cards. Some retailers offer gift cards online that can be delivered directly to the recipient. The BBB encourages consumers to be sure that the website where they buy gift cards is secure and check for any limits on how the cards may be redeemed. A secure website will display “https://” in the website address of the pages where a shopper enters payment information. If the website displays a BBB Accredited Business seal, click on the seal to confirm that it is authentic. A valid seal will link to the firm’s BBB Business Review. More BBB tips on buying gift cards: Be cautious about buying gift cards from online auctions because it is virtually impossible to tell whether the cards have any value remaining, to determine whether they’ve been tampered with or to see if they’ve expired. When buying gift cards in a store, check the packaging and any security seals to be sure they are intact and haven’t been tampered with. Check the fine print to see if there are fees associated with the card. Some typical fees could include transaction fees or inactivity fees. See if the card has an expiration date. In some cases, the plastic card may expire before the five-year redemption period. Are there fees to obtain a new card? Check the terms and conditions on a gift card. If you are giving a card to a friend who wants to shop online, make sure the card can be used that way and not just in a store. Consumers can learn how to protect themselves or find BBB Business Reviews of businesses or charities by calling (812) 473-0202 or by going online to www.evansville.bbb.org.

BBB Advises Shoppers To Watch Out For Fees, Tampering When Buying Gift Cards

12/21/2011

Posted on 12/21/2011 by

St. Louis, Mo., Dec. 21, 2011 – The Better Business Bureau (BBB) advises consumers to check the fine print on gift cards and make sure security seals are intact before buying them for holiday gifts.

With more families spread across the nation — or even around the globe — shoppers may see gift cards as an attractive way to remember loved ones over the holidays while avoiding the hassle of finding the right size or saving on shipping costs. Last year, gift cards valued at $97.2 billion were sold in the United States.

The Credit Card Accountability, Responsibility and Disclosure (CARD) Act, which took effect last year, provides some protections to consumers who receive gift cards, such as requiring that card balances remain valid for five years after issuance or after they were last loaded with money. Fees and expiration dates may still apply, however, and fees can erode the value of the cards.

“Gift cards may seem like a good alternative to buying and shipping presents, but it pays to read the fine print before you buy one,” said Michelle L. Corey, BBB president and CEO. “You may be better off giving cash or a check instead of plastic.”

Some retailers offer gift cards online that can be delivered directly to the recipient. The BBB encourages consumers to be sure that the website where they buy gift cards is secure and check for any limits on how the cards may be redeemed. A secure website will display “https://” in the website address of the pages where a shopper enters payment information.

If the website displays a BBB Accredited Business seal, click on the seal to confirm that it is authentic. A valid seal will link to the firm’s BBB Business Review.

More BBB tips on buying gift cards:

Be cautious about buying gift cards from online auctions because it is virtually impossible to tell whether the cards have any value remaining, to determine whether they’ve been tampered with or to see if they’ve expired.
When buying gift cards in a store, check the packaging and any security seals to be sure they are intact and haven’t been tampered with.
Check the fine print to see if there are fees associated with the card. Some typical fees could include transaction fees or inactivity fees.
See if the card has an expiration date. In some cases, the plastic card may expire before the five-year redemption period. Are there fees to obtain a new card?
Check the terms and conditions on a gift card. If you are giving a card to a friend who wants to shop online, make sure the card can be used that way and not just in a store.

Consumers can learn how to protect themselves or find BBB Business Reviews of businesses or charities by calling (314) 645-3300 or by going online to www.bbb.org.

Contacts: Michelle Corey, President & CEO, 314-584-6800, mcorey@stlouisbbb.org, or Chris Thetford, Vice President-Communications, 314-584-6743 or 314-681-4719 (cell), communications@stlouisbbb.org

BBB Warns of Phone Scam Aimed at Hotel Guests

12/21/2011

Posted on 12/21/2011 by

December 20, 2011

BBB Warns of Phone Scam Aimed at Hotel Guests

Many people will be traveling to see family and friends in the next few weeks. Scammers know this too, and may try to trick you into divulging your credit card information by posing as hotel employees. The BBB is warning holiday travelers to beware of a telephone phishing scam designed to steal credit card numbers.

A hotel guest in the Memphis area alerted the BBB of the Mid-South to the scam. However, BBBs around the nation have received similar calls. Since travel and hotel stays tend to increase over the holidays, the scammers may be ramping up their efforts during the holiday season.

How the Scam Works

A hotel guest receives a phone call in the wee hours of the morning. The caller claims to be a hotel employee who needs to get your credit card number because:
1. The hotel encountered a problem processing your credit card and they need to verify your number.
2. The hotel's computer system has crashed and they need to get your credit card information again.
3. The hotel's system has crashed and your credit card information is needed for an audit to be conducted shortly.

All plausible scenarios. The crooks are counting on catching you while you are sleeping, so you aren't thinking clearly. And they might even offer you a discount on the room for the inconvenience.

The callers are very convincing. According to one hotel guest, the caller sounded very professional. However, hotels generally handle any questions about billing at the front desk, not over the phone. And they certainly wouldn't be calling you in the middle of the night.

BBB Tips to Protect Yourself from Being Victimized

* Never give your credit card or banking information over the phone to someone you don't know.
* If you're staying at a hotel and get a call from someone claiming to be a hotel employee, hang up the phone and call the front desk yourself. Better yet, go down to the front desk. Chances are the call didn't come from the hotel.
* Remind friends and family not to provide credit card information over the phone during a hotel stay.
* Please share this information with friends and family who may be traveling this holiday season.

Update for Recipients of Phishing Email Claiming to Be the BBB

12/20/2011

Posted on 12/20/2011 by
An email scam using the Better Business Bureau’s name and logo continues to proliferate across North America, and even to some overseas addresses. Most of the emails carry the famous BBB torch logo and come with the subject line “Complaint from your customers.” The emails have a link or an attachment containing malicious phishing malware that steals information, often with devastating results. Larry Andrus is a member of the board of directors of BBB Western Michigan and also the CEO of Trivalent Group, Inc., a BBB Accredited Business that helps its clients manage, access, protect, and store their data. One of his firm’s clients opened the affected attachment, which launched malware that quickly found the accounting office’s computers, accessed bank numbers and passwords, and nearly completed a fund transfer from the company’s account. “We had to completely wipe the computers in order to contain the damage to our client,” said Dawn Simpson, Trivalent’s vice president of marketing and business development. Because of experiences such as this one, BBB has updated its advice and recommends the following to anyone who receives the email: • Do not to open any attachments; • Do not click on any links; • Delete the email from your inbox, and then delete it again from your trash or recycling folder; • Run a full system scan using reputable virus software. Previously, BBB had recommended running a full system scan only if the recipient had clicked on the link or opened the attachment. But due to the virulent nature of the virus, the new recommendation is for everyone who receives it to do the scan. In offices or homes that are networked, all computers should be scanned. Chris Garver, Chief Information Officer at the Council of Better Business Bureaus, recommends that all domain owners set up a sender policy framework (SPF) and set their spam filter to use it. “Using the SPF standard helps fight spam and phishing attacks by allowing your email servers to verify whether an email is legitimate…or not,” he says. Microsoft offers a simple, four-step process for setting up an SPF: www.microsoft.com/mscorp/safety/content/technologies/senderid/wizard/. If you receive an email saying your business has a complaint filed against it with BBB, there are several things you can do to authenticate it: • Look for typos, grammatical errors, etc. in the text that could indicate it originated overseas. • Check to see who it says it is from. Complaints go out from the local BBBs, not from the headquarters office. • Hover your mouse over the link to see if its destination is really a bbb.org address. • Copy and paste the link into Notepad (not Word). Notepad does not support html, so if the link is a fake bbb.org address, the real link will show up. If you still are not sure, go to www.bbb.org to find your local BBB, and send them a new email to ask if you have a complaint (do not Reply to the email you received, or forward it to them). They have been swamped with requests, so you may not hear back immediately. CBBB is working with federal law enforcement agencies to identify the perpetrator of this fraud, and is also looking into other measures it can take to help prevent future phishing scams from spreading.

BBB Warning: eBook Scams Rip Off Readers, Authors And Publishers

12/20/2011

Posted on 12/20/2011 by

St. Louis, Mo., Dec. 20, 2011 – The growing popularity of electronic books for devices like the Amazon Kindle, the Barnes & Noble Nook and other devices has inspired scams by unrelated firms that target readers, authors and authorized book publishers, the Better Business Bureau (BBB) warns.

E-book sales are growing exponentially, according to the American Association of Publishers. For the first eight months of 2011, e-book sales totaled $649.2 million. In February, sales of e-books eclipsed those of traditional paperbacks. And e-readers are expected to be a hot gift item for the holidays.

“Readers love the convenience of e-readers, which allow them to carry several books around in a compact format,” said Michelle L. Corey, BBB President and CEO. “But consumers need to be careful when making e-book purchases if they want quality reading materials without unwanted advertising or malware. They also may want to avoid buying plagiarized or worthless books.”

Some scams target consumers, offering worthless material at a low price that inspires impulse purchasing. Others target authors or authorized publishers by pirating books published legitimately elsewhere. Common scams include:

E-books filled with useless and often badly written information sold for a couple of dollars. Malware is sometimes attached in order to obtain your credit card information.
A single book is given different editorial spins and then sold under different titles or authors’ names.
Material is plagiarized from websites and blogs, then packaged into an e-book and sold.
Writing competitions that offer to publish winners’ work digitally. Although the contests include entry fees, the cost to publish digitally is minimal.
E-readers spammed with ad-laden works and hotlinks to both commercial and malware sites that load viruses onto your machine.
E-book purchases and sales used to build up credentials for bogus sellers and buyers on auction sites.

To avoid e-book scams, the BBB advises:

Take a good look at the website that offers the item. Does it have a BBB logo? If it does, click on it to see if it’s legitimate (a BBB dynamic seal will take you to the company’s BBB Business Review).
Make sure that the site is secure when you place the order: Look for https:// at the beginning of the site’s URL (website address) on the page where you enter payment information.
Stick with authors you already know or those who have an established reputation.
If you decide to buy from an unfamiliar author, see if you can download a free sample first to test the quality. Some sites allow you to preview a book before you buy it.
Don't be taken in by great reviews that accompany cheap e-books. They may be genuine or the writers may have been paid to produce them.
Do a search on the book name or author to see what other people say or how many other books the author claims to have written.
Don't click on links inside an e-book unless it's by an established, reputable author and sold through a legitimate website. Even then, it’s advisable to visit the author’s website using your Internet browser rather than using the link.
If you believe you've been scammed, seek a refund. You should also register your complaint with the seller's customer service department. And, if all else fails, do other readers a favor by writing an honest review of the book.

Check a company’s BBB Business Review before you make a purchase by going to www.bbb.org or by calling 314-645-3300.

Contacts: Michelle Corey, President & CEO, 314-584-6800, mcorey@stlouisbbb.org, or Chris Thetford, Vice President-Communications, 314-584-6743 or 314-681-4719 (cell), communications@stlouisbbb.org

Alert: Beware of Phony Calls from "Microsoft Technicians"

12/9/2011

Posted on 12/9/2011 by

The Tri-State Better Business Bureau has received reports of local residents being called by “Microsoft technicians”. The "representatives" tell the caller that their computer system was overrun with viruses. To fix the problem the technician needs remote access.

One local caller told a BBB representative that, after allowing remote access, the “technician” did actually perform a few helpful tasks like performing a virus scan. This helped convince our caller that this might actually be a Microsoft technician.

Callers providing remote access give these fraudsters entry to all computer files, information and confidential materials stored within.

According to Microsoft, “if you receive an unsolicited call from someone claiming to be from Microsoft Tech Support, hang up. We do not make these kinds of calls.”

If you have been contacted by someone claiming to be with Microsoft who needs to access your computer remotely:

1.) Contact your bank immediately.

2.) Run an anti-virus scan.

3.) If you have sensitive information belonging to others on your computer, let those individuals know immediately.

4.) Consider putting a security freeze on your credit reports.

5.) As always, the BBB cautions consumers and businesses to be careful and protect passwords and information that can compromise the integrity of your computer network.

This kind of fraudulent attempt is not new, however we are seeing an increase in reports from local residents. Microsoft, in reference to this scheme, puts it this way:

“Treat all unsolicited phone calls with skepticism. Do not provide any personal information.”

ALERT: Malicious Complaint Email Claiming It’s From BBB

12/7/2011

Posted on 12/7/2011 by
Better Business Bureau is issuing an urgent SCAM alert cautioning businesses and consumers about an email that looks like it is from BBB, with the subject line “Complaint from your customers.” This e-mail is fraudulent; ignore its contents and delete it immediately. If you have already clicked on a link in the e-mail, run a full virus scan of your computer.

The e-mails have return addresses that BBB does not use and it is signed with the address of the Council of Better Business Bureaus, the national office of the BBB system. The e-mail contains a link to a non-BBB web site. Do NOT click on the link.

BBB is working with law enforcement to determine its source and stop the fraudulent campaign.

Malicious Complaint Email Claiming It’s From BBB

11/23/2011

Posted on 11/23/2011 by

Better Business Bureau is issuing an urgent SCAM alert cautioning businesses and consumers about an email that is purporting to be from a bbb.org email address about a recently filed complaint. The email contains a dangerous attachment regarding a complaint and appears to direct recipients to the BBB website. This is a scam - BBB does not send complaints as attachments via email.

The email appears to come from a fake BBB employee claiming that the recipient needs to review this matter and advise the BBB of their position. From there, the email appears to direct the recipient to the BBB website, but actually directs them to an outside link. This email is fraudulent and does not originate from BBB. The email attachment and link are malicious and we are strongly advising to not open or click them.

Should you receive such an email, please disregard its message, and report any information received to BBB’s Scam Portal, and then delete it. If you have clicked on the link, immediately do a virus scan.

Legal Line: Employee Covenants Not to Compete – Are They Enforceable?

11/1/2011

Posted on 11/1/2011 by

Many clients (both employers and employees) have over the years commented that covenants not to compete contained in employment agreements are not enforceable against employees (i.e., “are not worth the paper they are written on”). This broad statement is incorrect, and ignores the fact that covenants not to compete, if properly drafted, are enforceable in Indiana under appropriate circumstances.

While space limitations prevent a complete analysis of issues regarding enforceability, employers desiring to protect their customers and confidential information through a covenant not to compete should be aware of various important legal concepts. The following concepts should be considered to ensure that covenants not to compete are written (and/or revised) in the best possible manner to allow enforcement.

Protectable Interest. An employer must have a legitimate “protectable interest” to enforce a covenant not to compete. This generally requires that the employee has gained a unique competitive advantage or ability to harm the employer. Good will, including, but not limited to, names, addresses, and requirements of customers, and the business advantage of personal contact with customers, can be a legitimate protectable interest. Trade secrets and other confidential information may also be protectable interests. Generally, no protectable interest exists in prohibiting a former employee from soliciting “past” customers, or in the skill or general knowledge an employee has developed or obtained that is not directly related to the good will or value of the employer’s business.

Scope of Restrictions. If an employer has a legitimate protectable interest, then the court will enforce only those restrictions reasonably limited in terms of prohibited activities, time and geographic area. Of these, the prohibited activity often prevents an employer from enforcing its covenant not to compete because the activity prohibited is drafted too broadly under the employment agreement. Under Indiana case law, employers generally may not prohibit an employee from working in any capacity for a competitor. However, many covenants not to compete (particularly those drafted more than 5 years ago) say exactly that, and as such risk being declared unenforceable by a court.

Blue-Pencil Doctrine. Analysis of covenants not to compete must also take into account the blue-pencil doctrine. Under this doctrine, if a covenant not to compete is overbroad, a court may strike unreasonable portions, thereby leaving intact and only enforcing the reasonable portions.

Enforceability of employee covenants not to compete is fact sensitive, and involves the application of many legal concepts. If covenants not to compete are important to an employer, the employer would be well advised to review the manner in which its covenants not to compete are drafted in light of current Indiana law.

This article was written by Atty. L. Montgomery Porter with Rudolph, Fine, Porter & Johnson, LLP in Evansville, Indiana. For additional information, you may contact him at (812) 422-9444 (e-mail:lmp@rfpj.com). His practice areas include corporate and business law, business acquisitions law, health care law, and contract law.

This article is intended solely as an information source and its contents should not be construed as legal advice. Readers should not act upon the information presented without professional counsel.

Avoiding Home Improvement Fraud

10/25/2011

Posted on 10/25/2011 by

Unfortunately there are those who will take advantage of people, especially the elderly and those who are very trusting. Home improvement fraud is an issue for these individuals. There are numerous ways that these unscrupulous contractors work to gain your trust. They look for signs that a person is elderly or religious, for example, in order to gain entry into a home to work their charm and get the homeowner to give them a check. It is often for the entire cost of the job to be done, but some will take a significant amount, do some work, but never return.

Your BBB wants you to be aware of some ways you can protect yourself:

1. Consider how the outside of your home is decorated. Home improvement fraudsters look for signs that the home is inhabited by an elderly person. Some telltale signs might be the display of religious items in the windows or porch. Of course, wheelchair ramps and handrails might be necessities, but just be aware that this might allow a fraudster to profile the home’s inhabitants.

2. Never give 100% of the money for the cost of a project.

3. Make sure you get a written contract with all portions completed, especially start and end dates for the job.

4. In the contract, make sure materials are listed in detail. This should include the quality and cost. Labor costs should also be included as a part of the total.

5. Check that your contractor is properly licensed, and contact the county building commission to verify. Home improvement contractors are required to be licensed in Vanderburgh County, and other counties have indicated that they will also require licensing in the near future.

6. Never give cash. Use a check or credit card instead.

7. Be aware of the Federal Trade Commission’s rule that gives consumers three business days to cancel a contract (over $25.00) signed at a private residence, motel or other temporary location. This “cooling off period” applies to cash and credit transactions. The seller is REQUIRED to provide the buyer “notice of cancellation” papers at the time of the transaction. Note: the first day is the day you sign the contract. In Indiana Saturday is considered a business day.

8. Get references and check them out! Some unscrupulous contractors may use the names and addresses of past victims assuming you won’t take the time to contact them.

9. Get several bids and don’t allow a contractor to pressure you into making a quick decision.

10. Finally, contact your BBB to get a report on the business or contractor. It is important to do this before you hand over any money. You can access free reports on our website or call us at 812-473-0202.

Hoosiers Can Apply for Energy Assistance Programs in November

10/25/2011

Posted on 10/25/2011 by
Soon these lovely autumn days will give way to winter. And so it is that time to remind consumers of some important resources available to those who need help paying their heating bills.

Next month, Community Action Agencies throughout Indiana will begin accepting applications from those eligible for assistance programs. We invite our readers who may know someone in need to print this list of resources, refer them to our office, or encourage them to contact one of the agencies below.

Eligibility

Household incomes must be equal to or less than 150% of federal poverty guidelines. Learn more by visiting http://www.incap.org/energyinfo.html .

Programs

Energy Assistance Program (EAP): provides financial assistance to low-income households to maintain utility services during the winter heating season.

Home Energy Conservation (HEC): provides energy conservation measures to reduce the utility bills of low-income Hoosiers across the state. The HEC Program offers clients a permanent solution to reducing their energy bills by making their homes more energy efficient.

Agencies/Contacts

Vanderburgh County - Community Action Program of Evansville (CAPE)
27 Pasco Ave. Evansville, IN 47713
(812) 425-4241, Ext. 261
(800) 862-2586

Warrick County – Dubois-Pike-Warrick Economic Opportunities Committee (TRI-CAP EOC)
499 W. State Road 62 Boonville, IN 47601
(812) 897-0364

Posey County
Andrea Boberg, Posey County Office Manager
1113 Main Street, Mt. Vernon IN 47620
(812) 838-4839
Office hours: 8 AM – 4 PM, Monday thru Friday

Gibson County
Gibson County Office Manager
113 W Broadway Street, Princeton IN 47670
(812) 386-6576

In our area, Vectren Energy Delivery is also offering extra support for customers who are preparing for colder temperatures by reconnecting gas service or inquiring about energy assistance programs. The utility provider has extended its call center hours for the month of October. Customers may call 1-800-227-1376 Monday through Friday, 7 a.m. to 7 p.m., or Saturdays from 8 a.m. until noon.

Assistance is only available while funds last.

Links

Find other Indiana Community Action Agencies.

For Kentucky Residents: Kentucky Association for Community Action

For Illinois Residents: IACAA – Illinois Association of Community Action Agencies

United Way 2-1-1: helps individuals connect with needed services

Low Income Home Energy Assistance Program (LIHEAP): assists low income households in meeting their immediate home energy needs

Need a Reason to Check Your Bank Statement?

10/25/2011

Posted on 10/25/2011 by
From our friends at the Las Vegas BBB, here is some important information on one company that has received complaints from consumers all over the country.

Beware of Direct Withdrawals from Funds Direct

BBB is alerting consumers of Las Vegas company Funds Direct, who, according to a pattern of complaints, debits consumer’s accounts for $30 without their authorization.

Some consumers report that due to the debits, they were charged account overdraft fees and in some cases, were forced to close their accounts.

“I’ve never had any contact with Funds Direct, and hadn’t even heard of them until they took $30 out of my account causing an overdraft,” stated a Florida consumer. “I was told that my account would be refunded in 7-10 business days. It’s been over a month and I still haven’t received a refund.”

Although the company’s terms and conditions state “if you feel that for any reason you are not completely satisfied with our services we offer a no question 30-day money back guarantee,” some consumers report not receiving promised refunds. The company’s website guarantees “instant” and “fast cash,” however, the information cannot be accessed until a password and email address is given through an unsecured site.

The BBB called the company representing a consumer who was charged the $30 membership fee, and was directed to a call center. They refused to give us the company’s actual physical location, refused to let us talk to a supervisor, and refused to tell us from where they received the consumer’s debit account information. The telemarketer we spoke with confirmed he was not located in Las Vegas and that he answered phone calls for a variety of similar companies. After persistently asking the same questions, the telemarketer finally told us he’s transfer us to his supervisor, at which point, he hunt up.

“Consumers who have unauthorized debit charges should speak with their banks immediately and consider closing their accounts,” said Robert Crocket, CEO of BBB serving Southern Nevada. “At this time, we’re unable to determine where the company got the information in order to be able to debit consumers’ accounts.”

Since the end of August, the BBB has received 87 complaints against the company which holds an F rating for complaint volume and seriously of complaints.

The company has responded to some BBB complaints with a form letter stating refunds have been given for the withdrawals as well as the overdraft fees. Some consumers report never receiving the promised refunds.

Legal Line: Power of Attorney, the most important document you may ever sign.

10/3/2011

Posted on 10/3/2011 by

The above title may seem to be hyperbole, however, the significance and importance of a Power of Attorney is vastly understated. A Power of Attorney is one of the most significant documents a person may ever sign, and contains provisions that are quite significant.

What is a Power of Attorney? A Power of Attorney is a legal document, signed by a “Principal”, which authorizes a second person, the “Attorney-In-Fact”, to perform certain actions on the Principal’s behalf. The Attorney-In-Fact does not have to be a licensed attorney, but is a person the Principal trusts to act on his or her behalf. Most Powers of Attorney signed today are “durable” which means that they are effective immediately, and continue to be effective if the Principal becomes incapacitated.

What powers does a Power of Attorney delegate? The Power of Attorney is a very customizable document, and can be as comprehensive (or limited) as the Principal chooses. However, most Powers of Attorney provide the Attorney-In-Fact with broad powers to conduct any transaction the Principal can perform. The powers delegated are virtually endless, including the powers to make gifts, loan money, sign contracts, make withdrawals from deposit accounts, sign checks, and initiate or defend a lawsuit. However, the Attorney-In-Fact is required to only perform these duties as the Principal’s fiduciary, and with the best interests of the Principal in mind.

Many Powers of Attorney also include the appointment of the Attorney-In-Fact as the Health-Care Representative for the Principal as well. This means that the Attorney-In-Fact can make decisions regarding the Principal’s medical care and treatment (if the Principal is unable to make those decisions for him or herself).

A third area where Power of Attorney can delegate significant powers is child care. A properly drafted Power of Attorney can designate an Attorney-In-Fact as the caregiver for minor children for up to one (1) year. This provision would be very useful if a parent and child have to be separated for an extensive length of time.

Why should I have a Power of Attorney? A Power of Attorney is extremely useful when a Principal cannot act on his or her own behalf. The most common reasons this occurs is because the Principal will be occupied with another task at the time they are needed, or because the Principal is not competent to authorize such a transaction on his own. If an unavailable or incapacitated person does not have a Power of Attorney to assist them, significant complications can result. These complications could then require litigation and a court to appoint a “Guardian” to act on the Principal’s behalf. The costs of such a court appointment can be significant.

Who do I choose as my Attorney-In-Fact? A Power of Attorney grants significant power to the Attorney-In-Fact, and the Principal should trust the person they appoint completely. For this reason, many people select their spouse to serve as their Attorney-In-Fact. Another option would be to appoint two (2) people to serve as Attorney-In-Fact, but only allow them to act if they both authorize the decision. The requirement that the Attorneys-In-Fact act together would make it less likely that the Attorneys-In-Fact will disregard the best interests of you, the Principal.

How do I create or cancel a Power of Attorney? A Power of Attorney is a legal document, and Indiana law requires that a Power of Attorney be drafted by an attorney, and witnessed in front of a notary public and at least one (1) witness. The Attorney represents the Principal in such a transaction, and should discuss the various uses of the document when it is created.

This article was written by Paul C. Rudolph, an attorney with Rudolph, Fine, Porter & Johnson, LLP in Evansville, Indiana. For additional information, you can contact Paul at (812)422-9444. Paul is also a licensed CPA, and his practice areas include: State and Federal Taxation, Estate Planning, Bankruptcy, and Corporate and Business Law.

This article is intended solely as an information source, and its contents should not be construed as legal or financial advice. Readers should not act upon the information presented without qualified professional advice.

How to Avoid Falling Victim to Home Improvement Fraud

9/28/2011

Posted on 9/28/2011 by

Your BBB wants you to be aware of some ways you can protect yourself:

1. Consider how the outside of your home is decorated. Home improvement fraudsters look for signs that the home is inhabited by an elderly person. Some telltale signs might be the display of religious items in the windows or porch. Of course, wheelchair ramps and handrails might be necessities, but just be aware that this might allow a fraudster to profile the home’s inhabitants.

2. Never give 100% of the money for the cost of a project.

3. Make sure you get a written contract with all portions completed, especially start and end dates for the job.

4. In the contract, make sure materials are listed in detail. This should include the quality and cost. Labor costs should also be included as a part of the total.

5. Check that your contractor is properly licensed, and contact the county building commission to verify. Home improvement contractors are required to be licensed in Vanderburgh County, and other counties have indicated that they will also require licensing in the near future.

6. Never give cash. Use a check or credit card instead.

7. Be aware of the Federal Trade Commission’s rule that gives consumers three business days to cancel a contract (over $25.00) signed at a private residence, motel or other temporary location. This “cooling off period” applies to cash and credit transactions. The seller is REQUIRED to provide the buyer “notice of cancellation” papers at the time of the transaction. Note: the first day is the day you sign the contract. In Indiana Saturday is considered a business day.

8. Get references and check them out! Some unscrupulous contractors may use the names and addresses of past victims assuming you won’t take the time to contact them.

9. Get several bids and don’t allow a contractor to pressure you into making a quick decision.

10. Finally, contact your BBB to get a report on the business or contractor. It is important to do this before you hand over any money. You can access free reports on our website or call us at 812-473-0202.

Legal Line: Keep Business Flowing with Improved Collections Practices

8/31/2011

Posted on 8/31/2011 by

All businesses, small and large, work hard to sell their products and services. But getting the sale is just the first step in turning a profit and making the business successful. After making the sale and providing a great product or service, the most important function of the business is the collection of revenue. It does not matter if the business sets a new record for sales if the business does not collect the amount the customers owe for the products and services. But what can a business owner or manager do to ensure better collectability of accounts receivable? The answer depends on your industry and current practices.

The first thing every business should consider is the practices and the documentation utilized for the sale and the billing of the products or services provided. Ideally, a business should be paid immediately upon completion of the transaction. However, outside of a business that provides retail sales or certain type of services, this can be difficult to accomplish. Commonly, the business will simply send an invoice and wait for the customer to pay. But what happens when the customer does not pay on time?

Businesses need to keep a detailed “aging” of outstanding invoices, and timely and consistently follow up with telephone calls and mailings or demand letters. This can be a time consuming and costly process for the business owner. To encourage customers to timely pay invoices, businesses should consider charging late fees and/or interest on the outstanding balances. However, please be aware that Indiana requires notification to the customers that such fees can be charged and under certain circumstances there are limits to the amount that can be charged. Businesses should consider having the purchase orders, invoices, estimates and other documentation used in the normal course of operation reviewed by an attorney to ensure that the proper language is incorporated to best provide for the collection of these fees.

Even if the best documentation is used with the proper language some customers just do not pay. The next collection step for a business is a lawsuit. When the collection process reaches the filing of a lawsuit, all businesses are advised to consult with an attorney. The attorney can provide legal advice about the process and an estimation of the cost to pursue the matter. When businesses hear this, the first thing they say is, “Wait, it’s going to cost me to collect on money owed to me?” Well, yes and maybe no. Yes, the attorney is going to charge you for his or her services, but this cost may be eligible to be paid by the customer you are seeking to collect from. Indiana law provides that the attorney’s fees incurred by the winning party can be required to be paid by the losing party if the appropriate provisions are in writing. This point is important. In addition to sales documentation containing interest and fee provisions, as discussed earlier, the documentation must contain the appropriate attorney’s fees and legal cost provisions for the prevailing party to collect the cost of collection. Without these provisions, Indiana does not allow for the collection of legal cost (except under some specific circumstances).

Depending on the industry and the type of product or service provided, there may be another powerful tool for collection, such as a “mechanic’s lien”. Additionally, the use of bank issued letters of credit is common in some industries, along with lines of credit, personal guaranties, and security agreements. However, the application and use of these devices are beyond the scope of this article.

The tools and procedures available to a business to assist in collecting accounts receivable is unique to each business and industry. In addition, there are advantages and disadvantages to the procedures that should be analyzed with regard to your specific business to determine the most appropriate steps to take. Therefore, you should thoroughly discuss your specific situation with a qualified attorney.

This article was written by Brian E. Townsend, a partner with Rudolph, Fine, Porter & Johnson, LLP in Evansville, Indiana. For additional information, you may contact him at (812) 422-9444 (e-mail: bet@rfpj.com). His practice areas include Corporate and Business Law, Banking Law, Real Estate Law, Contract Law, and Mergers and Acquisitions.

Watch Out for False Emails Requesting a BBB Rating Verification

8/18/2011

Posted on 8/18/2011 by

BBB is cautioning businesses and consumers about an email that is purporting to come from BBB. The email appears to come from a fake BBB address (BBBupdate@post.com) in the Atlanta, Georgia metro area and falsely requests verification and validation of BBB Ratings.

The email message reads, “Our data shows a pending rating or review about you or your business. Derogatory/Negative reviews or ratings can impact you business profile and become permanently visible to customers, clients, vendors, and agencies. CONTACT OUR NOTIFICATION DEPARTMENT IMMEDIATELY FOR VERIFICATION AND VALIDATION OF THIS ALERT.”

BBB wishes to remind all businesses and consumers that we are not conducting a verification request nor are we issuing emails in response to a pending rating or review about you or your business. Should you receive such an email, please disregard its message, and report any information received to BBB’s Scam Portal. CBBB’s Legal Department is working to find out who is behind this and will take all appropriate action to protect its trademark.

Legal Line: 5 Simple Steps to Take Before Responding to a Demand Letter

8/3/2011

Posted on 8/3/2011 by

Lawyers often send letters to individuals and businesses wronged by their clients. The responses received or not received often dictate how the case is handled and even how it is ultimately resolved. The irate business owner that responds to the lawyer often times provides so much information while he tells "his side" of the story that by the time he is done the lawyer's case is essentially complete. Five simple steps can help you avoid giving that lawyer the ammunition she needs to win their case all because of a response to a letter.

1. Read It; Don’t Ignore It. Whether it comes by Certified Mail or U.S. Mail, Federal Express or hand-delivery, read that letter the day you receive it. There is likely going to be a deadline to do something or contact someone. You do not want to miss an opportunity to resolve an issue before it moves to the next step: litigation. The letter is going to tell you exactly what is wanted of you and the circumstances that caused the lawyer to reach out to you on behalf of her client. After you are done reading it, put it down and read it again. After you have read it a second time, now is not the opportunity to simply ignore the problem because you do not believe what they are saying is accurate. You need to determine what your time-frame is to respond to the letter. More importantly, the response should not likely come from you.

2. Don’t Google It. While Google, and the Internet in general, provide endless amounts of information, data and commentary on various legal issues and theories, now is not the time for you to be the weekend warrior lawyer. You will undoubtedly find a story where the small business owner defeated the nasty lawyer. Even if that story is true, now is not the time to wade into waters such as jurisdiction, applicable law, negligence, contract and/or various other legal principles of which you probably have no background.

3. Keep Your Lips Sealed. Don’t start making calls to every party that might have been involved in the incident or transaction at issue. Now is not the time to start making statements to individuals or sending documents anyone’s way other than your lawyer. Keeping your lips sealed and your files closed will prevent those comments or documents from ending up in the wrong hands. What has been written, done or said is in the past. It is unlikely saying or doing anything now without consulting with your lawyer will make the problem any better. In other words, do not give the other side ammunition.

4. Get Professional Help. I do not believe in creating litigation or disputes for the sole purpose of perpetuating my own profession. However, if a lawyer has written you on behalf of her client alleging wrong doing, now is the time for you to get your lawyer involved. If the other side thought the issue was warranted enough to have their counsel involved, then you should too. If you don’t have a lawyer, ask business partners, customers or family members of the name of a good lawyer. Then, call the lawyer. If the lawyer does not call you back in a reasonable amount of time (two days), call another lawyer. If that lawyer does not specialize in the issues at hand, ask her for a referral – often times the best referral source for lawyers are lawyers. At the same time, keep every piece of paper, note and other document and tangible item and save them. Your lawyer will want to review them. Moreover, take diligent notes about what might be going on if the issue is still transpiring. Your lawyer will want to review those as well.

5. Notwithstanding the Foregoing, Use Common Sense. If the demand letter is requesting $100, pay it and get a signed release. While principle can often be something worth fighting over, principle is expensive. If it is a minor dispute that can be resolved by a nominal payment of money, swallow your pride and pay the money and move on. It will save you headaches and attorney bills in the future. In addition, if you have been paying insurance premiums for years on end, it is to protect you from certain types of claims. You should submit this claim to your insurance company to see if it is covered under your policy. The resulting judgment, and your attorney fees, will often be covered by the policy, saving you the time and expense of finding, retaining and paying for a lawyer. It only makes business sense to utilize services for which you have already paid.

These five simple steps can help you avoid pitfalls that can often defeat your case before it even starts.

This article was written by Joseph H. Langerak IV, an attorney with Rudolph, Fine, Porter & Johnson, LLP in Evansville, Indiana. For additional information, you may contact Joe at (812) 422-9444 (e-mail: jhl@rfpj.com). His practice areas include business litigation, commercial litigation, insurance defense, and construction law.

Securing Your Child’s Identity: Advice That Every Parent Needs to Know

6/17/2011

Posted on 6/17/2011 by

Hundreds of online businesses are finding inactive Social Security numbers online –most of which are assigned to children under the age of 18 who have not started using them yet - and selling them under different names to help people establish fake credit. The scheme may lead to significant debts, difficult for children to expunge from credit reports. Better Business Bureau is warning parents to be on the lookout for the signs that point to their child’s identity being compromised or stolen.

For adults, last year alone, 8.1 million Americans became victims of ID theft, resulting in the loss of $37 billion, according to a 2011 report from Javelin Strategy and Research. While this number is exuberantly high, NBC TODAY reports that it becomes harder to define how many children are actually affected by identity theft because of the fact that most cases go undiscovered for years. However, an identity theft monitoring company, Debix, found that out of 40,000 cases of tainted identities, an alarming 4,000 belonged to children.

“It’s more important than ever that adults not only protect their own identity, but also the identity of children in their care," says Tom Bozikis, Vice President of Policy and Standards. "Taking a few simple steps now can save a lot of work clearing up tarnished credit reports, in the future."

BBB urges parents to follow these important steps to secure their child’s identity:

Be aware of how to obtain your child’s credit report. Getting access to your child’s records is actually a different process than obtaining your own. Your child’s report cannot be obtained using the congressionally mandated free credit report website when under the age of 13 and even sometimes for children ages 14 to 18, (see the FAQ area of http://AnnualCreditReport.com.) For parents with children under the age of 13, the easiest way to obtain your child’s records is through Trans Union. According to NBC TODAY, if Trans Union says there is no report, odds are good that your child is in the clear. But if there is a report — or you have a specific reason to believe your child is a victim — you'll want to follow up with the nation's other two major credit bureaus — Experian and Equifax — and get a report from them, too.

Recognize the signs of trouble. Watch out for red flags that indicate there might be a problem, such as your son or daughter receiving pre-approved credit card offers or calls from collection agencies.

Know what to do if you suspect that your child has fallen victim. According to the FTC, every parent should check their child’s credit report on their 16^th birthday. It’s not good to check it too often, but checking then leaves sufficient time to fix errors and activity before their child goes off to college and tries to obtain financial aid. If suspicious activity arises, parents must contact all three credit bureaus and request a report immediately. From there depending on your state's credit freeze rule, placing a credit freeze should be considered.

For more information on securing your identity, visit our News Center.

Door to Door Security Sales Raise Tri-State Concerns

6/14/2011

Posted on 6/14/2011 by

Recently, a consumer called with concerns for an elderly family member approached by a door-to-door security provider. The caller explained that the sales person did not have a business card or paperwork to provide, but did have a photo i.d. around his neck. The i.d. was not closely reviewed, but the visit raised enough concerns that the family member contacted local police and the BBB to see if the business was registered to solicit.

“This type of call is not uncommon,” says Tom Bozikis, Vice President of Policy and Standards at the Tri-State BBB, who further explained that “any concerns with businesses should be checked out with your local BBB”. Mr. Bozikis also stated that the BBB receives many calls from consumers asking questions like "How do we know if a company is legit?”, “Should we have safety concerns?”, and “How do we know that the person at the door truly represents the company?”

Your BBB is always happy to help with questions of this nature and prompts consumers to think “safety first” when solicitors knock. The following are a few tips your BBB provides when it comes to door-to -door sales or business questions.

The Person at the Door

One should always exercise caution with any unknown sales persons knocking at the door. Some companies have now tried to boost consumer confidence by providing name badges, picture i.d.’s, and/or other company information to help ease consumers’ minds, but consumers should always carefully review this information and remember to trust their gut. If the situation feels strange, pressured or uncomfortable, don’t feel obligated to open the door or even continue the conversation. A reputable company should have no problem with consumers asking for business contact information, a brochure or time to obtain a Business Review from their BBB.

The Systems They Sell

When considering security systems it is important to remember that there are no completely “burglar proof” products available. No national standards specify required levels of performance, and the best protective device may not compensate for a lack of basic common sense. Alarm companies do, however, provide some companies and consumers benefits worth consideration, so if you decide to purchase an alarm system, consider shopping locally and check with the Better Business Bureau for a free Business Review. Ask friends and neighbors for references too, and always comparison shop.

BBB Tips:

If you were offered a “free” alarm system, make sure this offer is in writing and be sure to inquire about installation costs, monthly monitoring or other fees that might apply.
Check out the company that will be monitoring your system and ask if it is the same company you are signing a contract with. If not, make sure you obtain the name, address and phone number of this company.
Some alarm companies may use FBI crime statistics to persuade the purchase of security systems. To insure this information is accurate, check with your local police department or visit the FBI’s website at www.fbi.gov/ucr/ucr.htm.
Obtain a free Business Review from the BBB to learn more about the company, its complaint history, rating and accreditation status. Reviews can be found at www.evansville.bbb.org. (You may also call the BBB to obtain a report or seek objective advice at (812) 473-0202.
Comparison shop. Consider the advantages and disadvantages of each system and company, deciding which will best suit your particular need. Know how each system and alarm service works and also compare all costs and fees to understand your total investment.

Questions To Ask:

Does the company have a security patrol car that will check out the alarm?
Who is called first, the consumer or police and how soon after the alarm sounds will you or the police be notified?
What happens if the alarm company is unable to reach you when the alarm is sounding?
Is the alarm reset? Are the police called? Are alternate numbers called?
Can I have the procedures in writing?
What local building codes or other regulations apply so I know if I'll be responsible for other fees? (Will I be charged for false alarms?)

Remember

-Don't be pressured into buying something you don't want or need. A reputable company will give you time to check out their offer and do your comparison shopping.

-Review your contract carefully and insure it includes all promises made by the sales person before you sign.

-Confirm information such as:

Installation price
Monthly price
Length of the contract (some contracts are for multiple years)
All free or discount offers have been added
What will happen with the contract if you move
Cancellation time frame to cancel the contract. The Federal Trade Commission requires that at least three days be provided. (www.ftc.gov,three day cooling off rule)
After your purchase, make sure you check the system routinely to be sure it is in working order.

Lastly, If you are having problems with your alarm, make sure you document dates, times, who you talked with, who came out and what was fixed. Follow up with the business or contact your BBB if you cannot get your issue resolved.

U.S. Department of Transportation and Better Business Bureau Collaborate to Fight Distracted Driving

6/14/2011

Posted on 6/14/2011 by

U.S. Transportation Secretary Ray LaHood today announced that the U.S. Department of Transportation and Better Business Bureau will collaborate to educate consumers and businesses about the dangers of distracted driving.

The USDOT and Better Business Bureau are calling on businesses across the country to adopt distracted driving policies as part of their employee culture. A strong distracted driving policy helps companies save lives, reduce time lost from work due to accidents and injuries, reduce insurance premiums, and save money.

“Distracted driving has become a deadly epidemic on America’s roads,” Secretary LaHood said. “We know that educating people about the risk of distracted driving works, and we are pleased to be working with BBB to raise awareness and help businesses and consumers fight this problem.”

“BBB is very pleased to help the USDOT spread the word about the dangers of distracted driving," said Stephen A. Cox, president and CEO of the Council of Better Business Bureaus. "Raising awareness about the dangers of multi-tasking while driving is vital. We are pleased to help promote this good work of the USDOT.”

The BBB website features a link to a free tool kit that provides employers with suggested distracted driving policies to help keep their employees safe. The kit, created by the USDOT and the Network of Employers for Traffic Safety (NETS), contains materials such as a sample company policy, a sample memo to employees on that policy, and a sample company press release.

In addition, BBB website features videos from USDOT’s “Faces of Distracted Driving” video series. The videos include heartbreaking stories from family members who have lost loved ones due to distracted driving accidents. Better Business Bureau also provides a link to www.distraction.gov, a complete resource on everything having to do with distracted driving.

Nearly 5,500 people in the U.S. were killed and almost half a million were injured in accidents related to distracted driving in 2009. Eighteen percent of those fatal accidents involved the use of a cell phone.

The U.S. Department of Transportation’s campaign against distracted driving is a multi-modal effort that includes automobiles, trains, planes, and commercial vehicles.

On September 30, 2009, President Obama signed an Executive Order directing federal employees not to engage in text messaging while driving government-owned vehicles; when using electronic equipment supplied by the government while driving; or while driving privately owned vehicles when they’re on official government business. The order also encourages federal contractors and others doing business with the government to adopt and enforce their own policies banning texting while driving on the job.

The Federal Motor Carrier Safety Administration (FMCSA) banned commercial truck and bus drivers from texting while driving in September 2010, and proposed a ban on the use of cell phones by commercial drivers in December 2010. In September 2010, the Pipeline and Hazardous Materials Safety Administration (PHMSA) proposed a ban on the use of electronic devices by drivers operating a motor vehicle containing hazardous materials, in conjunction with the proposed FMCSA ban.

The Federal Railroad Administration (FRA) banned rail employees from using cell phones or other electronic devices on the job following a September 2008 Metrolink crash in Chatsworth, California that killed 25 people.

After a Northwest flight crew distracted by a laptop overshot their destination by 150 miles, the Federal Aviation Administration (FAA) advised air carriers to create and enforce policies that limit distractions in the cockpit and keep pilots focused on transporting passengers safely.

BBB Wise Giving Alliance, GuideStar USA and Independent Sector Launch Charting Impact

6/9/2011

Posted on 6/9/2011 by
Today the strategic alliance of BBB Wise Giving Alliance, GuideStar USA and Independent Sector announce the launch of “Charting Impact,” a standard framework for creating reports that enable stakeholders to easily and clearly understand the objectives, benchmarks for progress, and impact of nonprofits and foundations. This sector-wide initiative was developed by nearly 200 leaders to help organizations of all types, sizes, and missions convey their efforts to advance the common good, establishing an industry standard for reporting in-depth mission objectives and results. Charting Impact Reports will be made available for public view through ChartingImpact.org.

“One of many benefits for organizations answering Charting Impact’s questions is that it forces deep, meaningful conversations with stakeholders about the impact the organization has made, will make, and how to bridge the gaps,” said Diana Aviv, president and CEO of Independent Sector. “As we refine the process and share our reports we will undoubtedly unleash new possibilities for innovation, collaboration, and for strengthening our work across the sector.”

The cornerstone of Charting Impact is a series of five questions that encourage strategic thinking and the open sharing of ideas, strategies and results within the nonprofit community. Completing a Charting Impact Report will empower organizations to convey their mission, achievements and goals in a way that encourages donors to channel their resources to organizations that best fit their charitable goals; facilitates strategic thinking about mission, practices and how results are measured; and fosters collaboration and idea sharing within the nonprofit community.

“We have long stood for and applied broad accountability standards that cover far more than financial ratios,” said Art Taylor, president and CEO of the BBB Wise Giving Alliance. “By providing charities a place and structure to share information about their effectiveness, Charting Impact extends still further the resources available to help donors make really informed giving decisions.”

The five questions organizations must answer to complete a Charting Impact Report are:

1. What is your organization aiming to accomplish?

2. What are your strategies for making this happen?

3. What are your organization’s capabilities for doing this?

4. How will your organization know if you are making progress?

5. What have and haven’t you accomplished so far?

“Charting Impact reports empower organizations to respond to the specific concerns of donors in one thorough, thoughtful format,” says Bob Ottenhoff, President and CEO of GuideStar USA. “For organizations , the introspection required to fill out the report is designed with results in mind: increased financial support from donors responding to tangible measures of progress.”

Nonprofits and foundations can respond to these five questions using an online interface available at ChartingImpact.org. Each response includes a character limit, encouraging careful, example-filled descriptions of the organization’s achievements to clearly communicate with an audience of donors and other investors without inundating that audience with information. Responding through ChartingImpact.org produces a formatted Charting Impact Report that will be shared publicly on ChartingImpact.org, on GuideStar USA or BBB Wise Giving Alliance profiles, and—in the future—with other websites and information sources. Individual nonprofits and foundations can also share their Charting Impact Report on their own websites.

Legal Line: "Give those young lawyers time to ask the right questions . . .”

6/2/2011

Posted on 6/2/2011 by

While I have been a lawyer for the past 30 years, I expect my observations regarding consumer (i.e., client) expectations of lawyers will have application to other professions as well (e.g., accountants).

When I embarked on my legal career it was a world of dictation equipment, electric typewriters, carbon paper and White-Out®™©. Clients would discuss legal issues with a lawyer, who would diligently take notes and convert those notes to a typed format. In this more laborious (and now antediluvian process), I learned over time (I was a slow learner; it probably took too much time) that identifying the correct questions for resolution was always more important than arriving at the answer too soon. Stated otherwise, any fool can come up with an answer; the hard part is learning to ask the right questions to arrive at the right answer.

In the late 1980s, four of us founded our own law firm. One of my roles was to determine what business equipment we should utilize. After reading Van Wolverton’s book Running MS-DOS, I decided we should purchase stand alone computers with word processing programs to serve our needs. These machines had 8086 chips and a whopping 10 MB (not GB or TB) hard drives. They also had no menu system. That is, to run a program you needed to know some disk-operating commands to type in at the prompt as well as the DOS file structure. When it came time to select a word processing program, there was no debate – it would be WordPerfect™©®. At that time, 95% of all law firms used WordPerfect and all the federal courts were using this program as well. At about that time, the speed of communication with the client also increased because of the then expensive and non-ubiquitous facsimile machine.

No sooner had the fax machine exponentially increased the speed of communication with clients (leading to a commensurate expectation of return communication); that the advent of electronic mail amped up communications even more.

Of course, now we have Linked-In™©®, Twitter™©® and Facebook™©® to ensure we stay in constant communication with our follower/clients and let all the world know (because the entire world cares about) what we are doing.

Running in tandem with all these developments in communication has been the ability to access information. All kinds of information. Legal research went from being “by the book” with reference to a printed volume and periodic updates/supplements (some printings of main volumes covering 10 years relegating research near the end of a decade to include a bound volume and then 9 printed supplements) to Boolean queries that would help you find just the right case/decision.

But despite all the increase in speed of communication and the ability to research on-line and gather information over the Internet, fundamentally the service provided to a client has not changed. And neither has the need to determine the correct questions in order to reach the right answer. For the newest generation of lawyers this is becoming more difficult. They are used to responding immediately (if not mid-sentence) to e-mail; to texting rather than talking; and to trusting the computer screen as a means and method of correction rather than the printed word. While I am no human factors expert I can report that my own experience has been that I “see” content different when it is all before me rather than on one or even multiple monitors. That “sight” is more critical, more able to analyze the whole and catch inconsistencies, incorrect thoughts and wrong conclusions. But my methodology does not comport with what has become the societal norm.

So am I just losing touch with this present generation? Am I technologically challenged? Am I just getting “old”? Well, I am getting old, but as I prepare this article on my MacBook Pro™©® while a passenger in a car, armed with my iPhone™©® (fully hands-free via my Bluetooth™©® audio system) and my iPad™©® (which is waiting for me to work on some mind map flowcharts on a really cool app I have for a trial I have in federal court in June), I don’t think my observations are borne out of an unwillingness to embrace change.

Therefore, I offer this thought, for professionals and their clients alike. A thought that I hope you will not simply delete or move to the “trash can” immediately upon completing this snippet; but a thought that you will roll around in your head, consider all the implications, and maybe lead you to ask some additional questions for yourself: just because a question may be transmitted faster and just because a response can approach the speed of light does not mean the time it takes to come to a reasoned, considered answer has changed. Give those young professionals an opportunity to ask the right questions so they can get the right answer for you. Or as Pascal put it: “I have made this letter longer than usual, because I lack the time to make it short.”

This article was written by Ross E. Rudolph, a partner with Rudolph, Fine, Porter & Johnson, LLP (www.rfpj.com) in Evansville, Indiana. For additional information, you may contact him at (812) 422-9444 (e-mail: rer@rfpj.com). His practice areas include mediation and arbitration, corporate and commercial litigation, injunctions, product liability, insurance defense, and appeals.

This article is intended solely as an information source and its contents should not be construed as legal advice. Readers should not act upon the information presented without professional counsel

BBB Warns Caution When Receiving Calls Regarding Your Credit or Debit Cards

5/31/2011

Posted on 5/31/2011 by

The BBB has heard locally of consumers receiving calls regarding suspended debit/credit cards in need of urgent attention. Many consumers receiving these pre-recorded calls claim being left a number to call back to clear up any card issues.

Your BBB encourages caution with calls and texts of this nature.

“If your bank is going to call, they will already have your name, account number and other needed information on hand”, states Cathy Eichele, President and CEO of the Tri-State Better Business Bureau.

Victims of bank scams are often asked to call a toll-free number back to provide information such as their debit/credit card number, password or other personal information to a fake automated system. Texts may also be used in these “phishing” schemes.

If you have received a call or text of this nature, or have concerns about your accounts, your BBB has some general advice:

Never reply to a text message. Doing so ultimately verifies that the text has been sent to an active cell phone where future texts will be sent. If the message carries a link, never click on it. This is an easy way to schemers to spread a viral attack on your phone.
If you receive a call, never provide personal or account information. As mentioned above, your bank will have all information on hand IF a call is placed. Many financial institutions will contact you in writing instead with these issues. Call your bank for further verification on any communication(s) received.
Monitor your bank account. Review credit/debit card statements weekly looking for suspicious or unauthorized activity. Report unauthorized transactions to your bank immediately.
Change your passwords and user names on accounts you know have been breached.
Order your credit reports if you have additional concerns. (Learn more by visiting www.ftc.gov/idtheft).
As always, utilize your BBB. The Tri-State BBB has a consumer education blog where you may search by topic or review our daily tips. Find us at bbbconsumereducation.com/. You may also call or email our office with any specific questions at 812-473-0202 or info@evansville.bbb.org.

Reporters: for more information or to schedule an interview with a local BBB spokesperson, contact Tom Bozikis at 812-473-0202 ext.114.

Legal Line: A Quick Guide to Probate for the Business Owner

5/31/2011

Posted on 5/31/2011 by

While not frequently discussed, it is generally understood that when you die, your estate will likely have to go through “probate.” This article provides a brief explanation of which estates have to go through probate, and how you may be able to avoid it. However, for individualized advice, it is highly recommended that you see a lawyer.

A “probate court” is defined as a “special court having jurisdiction of proceedings incident to the settlement of a decedent’s estate,” and “probate” is the legal proceedings performed so that the probate court may ensure that a person’s estate is handled properly (and legally). The general goal of the probate court in these proceedings is to oversee the administration of a decedent’s estate and to make sure the beneficiaries (and the decedent’s creditors if he/she has them) all receive the proper assets from the decedent’s estate.

In general, if an Indiana resident dies with $50,000 or more in “probate assets”, the decedent’s estate must go through the probate process. “Probate assets” are assets of a decedent which do not have a defined beneficiary and are not owned jointly with another person. The assets typically include: (1) tangible property such as real estate, cars, and other personal property; (2) bank accounts (and retirement accounts) that don’t have a beneficiary or joint owner; and (3) a business you own in your individual name.

There are many reasons to desire that your estate avoid probate. One frequently cited reason is that the probate process can involve significant costs. The costs of probate include attorney’s fees, court costs, advertising costs, and possibly the fee of a personal representative (sometimes called an executor). Another frequently cited reason is that probate filings are generally open to the public. This means that the general public (including friends, neighbors, and relatives) can obtain copies of the probate records, which include an inventory of your assets (and your liabilities) at the time of your death.

General tips to make sure your estate avoids probate include:

(1) Accounts. Identify beneficiaries (and contingent beneficiaries) on all of your accounts. This includes not only your checking and savings accounts, but also your investment and retirement accounts.

(2) Real Estate. If you are the sole owner (no spouse or somebody else) of real estate, consider executing a transfer on death deed to the person you wish to receive the real estate. Another option is to create a revocable trust, and place the real estate in the revocable trust.

(3) Business Assets. If you own a business, that business is also an asset of the estate, and the value of your ownership interest would be included in your estate. Possible options to transfer that ownership include putting it in joint name with your spouse, or transferring the business interest to a revocable trust.

(4) Talk with your lawyer. If you haven’t signed your Will (surveys estimate that about 50 percent of people reading this article have not), you should do so and ask your attorney what can be done to avoid probate. If you have signed a Will, you should ask for a review of your current estate plan. Review all of your assets, and ask your attorney if your estate would be required to go through probate if you died today. These reviews should occur after any significant life event such as (1) the sale or purchase of a large asset (such as a business); (2) a birth (or death) in the immediate family; or (3) a change in your (or your business’s) financial situation.

This article was written by Paul C. Rudolph, an attorney with Rudolph, Fine, Porter & Johnson, LLP (www.rfpj.com) in Evansville, Indiana. For additional information, you may contact him at (812) 422-9444 (e-mail: pcr@rfpj.com). His practice areas include corporate and business law, elder law, estate planning, tax law, and bankruptcy.

Legal Line: Preventative Maintenance

5/16/2011

Posted on 5/16/2011 by

In your business affairs, you hope to forge bonds and relationships that will not only increase your bottom line, but also create opportunities to work with others toward innovation, partnerships and new opportunities. You never expect those relationships to end up in court and I sincerely hope that they do not. However, after you or your business is involved in litigation, it is too late to “go back” and amend a document that is at issue, such as a contract or lease. As such, it is imperative that you do everything in your power to ensure the documents governing your business relationships have provisions that will benefit you if things turn sour.

The following are some examples of provisions you should discuss with your attorney before entering into any agreement so that you can protect yourself if you end up at odds with the other party:

· Choice of Law – specifies that the law of your state will govern the contract and this is especially important when contracting with an out of state company or the subject of the contract takes place in another state;

· Venue Selection – determines the only locations where suit can be filed and protects you from being hailed into a court in a foreign state or even a foreign country;

· Alternative Dispute Resolution – this provision can mandate that the parties engage in mediation or even binding arbitration, thereby likely reducing the cost of litigation in open court;

· Attorney Fees – unless you have a contract or statute that entitles you to your attorney fees, you must “pay your own way”;

· Indemnity – provides that you be compensated by the other party for any loss you may suffer during the performance of the contract;

· Personal Guaranty – when the other party is required to pay you money under the contract, a personal guaranty from an additional person or business to ensure payments provides you with additional security; and/or

· Limitation of Liability – the damages sought by a party claiming breach of contract can be limited so your exposure is capped at a specific amount.

You service your car with your mechanic regularly and undergo physicals with your doctor, all in an effort to prevent future problems. You need to do the same with legal documents. Consulting your attorney after things go bad may be too late. The above examples are just a few of the various provisions that can significantly benefit you if you are involved in a lawsuit involving a legal document. Consult your attorney prior to entering into contracts and save yourself time, money and many headaches if you end up in a dispute

This article was written by Joseph H. Langerak, IV, an associate with Rudolph, Fine, Porter & Johnson, LLP in Evansville, Indiana. For additional information, you may contact Joe at (812) 422-9444 (e-mail: jhl@rfpj.com). His practice areas include business and commercial litigation.

Legal Line: Apologies and Communications of Sympathy in Litigation

5/16/2011

Posted on 5/16/2011 by

Many people, out of a sense of goodwill or kindness, feel the need to apologize following an accident—whether it is a car accident, an injury that occurs in a store or business, or an accident on a job site. For individuals, it is possible an apology following an accident may later be used in litigation to show an admission of fault. For businesses, there is additional concern because an apology by an employee on behalf of the business may later be used to show an admission of fault on the part of the business.

A number of states, including Indiana, have recognized the effect a simple apology may have in helping prevent litigation. To that end, Indiana enacted Indiana Code § 34-43.5. Under this statute, communications of sympathy are not admissible to prove fault for causing or contributing to a loss, damage to property, injury, or even death. The statute defines a communication of sympathy as a statement, gesture, act, conduct, or writing that expresses: (1) sympathy, (2) an apology, or (3) a general sense of benevolence. I.C. § 34-43.5-1-3. As a result, a general apology or communication of sympathy cannot be used to show a party admitted fault.

Despite this limitation, the statute permits statements of fault to be used to show an admission of fault. The question then becomes—How can you tell the difference between a communication of sympathy and a statement of fault? To constitute a communication of sympathy, especially where an apology is involved, the communication must be vague. A partial apology, such as “I am sorry this occurred,” would likely be inadmissible. On the other hand, the statement, “I am sorry, this is my fault” may be admissible as a statement of fault.

To best avoid having these statements used against you, or your business, the best policy is to avoid making even a general apology and instruct your employees to do the same. While Indiana has attempted to encourage apologies by limiting their use against a party in litigation, the distinction between an apology and an admission of fault is a fine line that is not worth the risk to you or your business. Though apologies are effective at resolving conflicts in the real world, in the legal world they may only intensify the conflict by adding fuel to the plaintiff’s fire. Given the potential pitfalls, it may be best to avoid the apology altogether. In circumstances where an apology may be effective or necessary, it is important to craft the apology in a way that avoids admitting liability. If not carefully worded, that apology may come back to haunt you later.

This article was written by James B. Godbold, an associate with Rudolph, Fine, Porter & Johnson, LLP in Evansville, Indiana. For additional information, you may contact James at 812-422-9444 (email: jbg@rfpj.com). His practice areas include commercial litigation and insurance defense. This article is intended solely as an information source and its contents should not be used as legal advice. Readers should not act upon the information presented without professional counsel

Legal Line: Reflections on the Law

5/16/2011

Posted on 5/16/2011 by

As I near fifty years in the practice of law, I chose to offer some reflections of others about law and lawyers. (Let an “old lawyer” philosophize.)

The following are illustrations of my analysis of the reasons and basis for, the strengths and weaknesses of, and the need to support and follow laws.

Sir Edward Coke (1552-1634), Lord Chief Justice of England, stated that:

“The knowledge of the law is like a deep well, out of which each man draweth according to the strength of his understanding.”

Oliver Wendell Holmes (1841-1935), Associate Justice of United States Supreme Court in Common Law I (1881), concluded that:

“The life of the law has not been logic: it has been experience. The felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the prejudices which judges share with their fellow-men, have had a good deal more to do than the syllogism in determining the rules by which men should be governed.”

Sir William Blackstone (1723-1780), English Lawyer and Commentator, defined a law as:

“A rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong.”

Ralph Waldo Emerson (1803-1882), essayist and poet, opined that:

“Every law which the state enacts indicates a fact in human nature.”

In analyzing the effect of laws Samuel Smiles (1812-1904), Scottish writer, concluded that:

“No laws, however stringent, can make the idle industrious, the thriftless provident, or the drunken sober.”

And Samuel Johnson (1709-1784), English Conversationalist, commented that:

“The law is the last result of human wisdom acting upon human experience for the benefit of the public.”

Charles Abbott (1762-1832), an English Judge, said that:

“No attorney is bound to know all the law; God forbid that it should be imagined that an attorney, or a counsel, or even a judge is bound to know all the law.”

In speaking about the extent of an attorney’s knowledge Sir Edward Coke also stated in his judicial capacity:

“If it be common law, I should be ashamed if I could not give you a ready answer; but if it be statute law, I should be equally ashamed if I answered you immediately.”

Advancing to the United States Constitution, George Washington (1732-1799), the first President of the United States, commending on disagreement with and potential changes of the United States Constitution, said:

“If in the opinion of the people, the distribution or modification of the Constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which Constitution designates. But let there be no change by usurpation; for through this, in once instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed. The precedent must always greatly overbalance in permanent evil any partial or transient benefit which the use itself can at any time yield.”

In commenting on the United States Supreme Court in considering making a decision contrary to existing decisions, even if wrong, Abraham Lincoln (1809-1865), lawyer and President of the United States, said in his First Inaugural Address on March 4, 1851:

“I do not forget the position assumed by some that constitutional questions are to be decided by the Supreme Court, nor do I deny that such decisions must be binding in any case upon the parties to a suit as to the object of that suit, while they are also entitled to a very high respect and consideration in all parallel cases by all other departments of the Government and while it is obviously possible that such decision may be erroneous in any given case, still with evil effect following it, being limited to that particular case, with the chance that it may be overruled and never become a precedent for other cases can better be borne than could the evils of a different practice.”

And Abraham Lincoln in an earlier speech at Springfield, Illinois, on January 27, 1857, made the following observations regarding spreading the word of and application of laws:

“Let reference for the laws be breathed by every American mother to the lisping babe that prattles on her lap; let it be taught in schools, seminaries, and in colleges; let it be written in primers, spelling books, and in almanacs; let it be preached from the pulpit, proclaimed in legislative halls, and enforced in courts of justice. And, in short, let it become the political religion of the nation, and let the old and young, the rich and the poor, the grave and the gay of all sexes and tongues and colors and conditions sacrifice unceasingly upon its altars.”

Thanks for giving me a venue to express my feelings on the law through the words of others. I hope that you, as I do, understand that most lawyers identify with and uphold the principles enunciated above. I also hope that I have aided your understanding of the guiding principles for lawyers as you evaluate the advice you receive from counsel.

This article was written by Donald R. Wright, an attorney with Rudolph, Fine, Porter & Johnson, LLP in Evansville, Indiana. For additional information, you may contact Don at (812) 422-9444 (e-mail: drw@rfpj.com). His practice areas include: Insurance Defense and Mediation.

Frequently Asked Questions by Cost-Cutting Employers

5/16/2011

Posted on 5/16/2011 by

Indiana employers have been working diligently to reduce their expenses and create more lean and efficient business operations in this current economic climate. Employee wages and staffing needs are often identified as areas for improvement as employers attempt to cut costs and enhance efficiency. Accordingly, this article attempts to answer five questions frequently asked by Indiana employers when considering these issues.

Can I unilaterally change an employee’s rate of pay?

Unless covered by a collective bargaining agreement or specifically set out in an employment contract, an employer can change an employee's rate of pay as long as the reduction does not bring an employee's wage below the applicable federal or state minimum wage. The employer must notify the affected employee prior to his working at the reduced rate. The employee must then accept the lower wage rate or quit. If the employee quits, he may or may not be able to collect unemployment benefits depending on the employer’s reasons for and reasonableness of the reduction.

If an employee engages in misconduct, can I impose a fine on the employee as discipline and take it out of his or her paycheck?

No. Under Indiana law, an employer is not permitted to fine an employee and deduct the amount from his pay.

Can I make deductions from an employee’s paycheck?

Indiana law is very strict about deductions from an employee’s paycheck. In fact, Indiana law requires three conditions to be met in order for a wage deduction to be valid:

1. The agreement for the deduction must be in writing, signed by the employee, by its terms revocable at any time by the employee upon written notice, and agreed to in writing by the employer.

2. A copy of the deduction agreement must be delivered to the employer within 10 days of its execution.

3. Only certain categories of deductions are allowed, including:

Premiums on an insurance policy

Contributions to a charitable organization

Purchase price of bonds, securities or stock of the employing company

Labor union dues

Purchase price of merchandise sold by the employer to the employee

Amount of loan made to the employee by the employer

Contributions of the employee to a hospital service or medical expense plan

Payment to an employee's direct deposit account

With respect to uniforms, Indiana law does not allow employers to deduct the cost of mandatory uniforms from an employee's paycheck. However, it does allow employers to deduct the purchase price of merchandise sold by the employer to an employee if it is at the request of the employee. Therefore, if the uniform is optional and the employee makes a written request to purchase the uniform provided by the employer, the cost may be deducted from the employee’s wages. This exception does not apply where the uniforms are provided by a uniform company for a weekly rental and laundering fee.

Can I save paper and printing costs by providing pay statements to my employees electronically?

Yes. Indiana law requires employers to provide employees with statements of their hours worked, wages paid, and deductions taken. However, the method of providing the statement is not specified. Therefore, an electronic method would not violate Indiana’s wage and hour statutes. Employers can also save additional costs by requiring employees to accept payment of wages by direct deposit to the employee’s bank.

If I terminate an employee as part of a reduction in force, when is the employee’s final paycheck due?

As a general rule, final wages must be paid on or before the next regularly scheduled payday on which the employee would have been normally paid had the employee remained employed.

This article was written by Keith A. Sermersheim, a partner with Rudolph, Fine, Porter & Johnson, LLP (www.rfpj.com) in Evansville, Indiana. For additional questions or information, you may contact Keith at (812) 422-9444 (e-mail: kas@rfpj.com). His practice areas include Employment and Discrimination Law, Corporate Law and Business Law. This article is intended solely as an information source and its contents should not be construed as legal advice. Readers should not act upon the information presented without professional counsel.

Indy 500 Tickets are in High Demand! Your BBB Provides Tips on How NOT to Get Ripped Off

5/11/2011

Posted on 5/11/2011 by

The Indianapolis Motor speedway, the world’s largest spectator sporting facility, plays host annually to three events in three major racing series: the Indianapolis 500 Mile Race (IZOD IndyCar Series), Brickyard 400 (NASCAR Sprint Cup Series) and Red Bull Indianapolis GP (MotoGP World Championship).

This year commemorates the 100^th anniversary of the Indianapolis 500 mile race and recently the speedway also celebrated the 100^th anniversary of its facility (2009). These two milestone events have generated lots of excitement for the speedway and the race, promoting increased ticket sales for the upcoming races this May.

“Special events provide opportunities for the selling of counterfeit tickets,” says Tom Bozikis, Vice President of Policy and Standards at the Tri-State BBB, “so be careful with your purchase.”

To insure you end up with authentic tickets and a safe transaction, the BBB has a few tips below to consider:

If a “Good Deal” seems too good to be true…..question it! Great seats and high demand tickets for popular events are expensive for a reason. They are truly hard to get! If you are offered a deal that is much less than offered elsewhere, question it.
Do your Research. Check out the ticket distributor with your BBB then review the company’s policies for customer satisfaction. Also check out your tickets. If buying online, ask to see a picture of the tickets to confirm the seats match with the venue and research how the tickets should look, to confirm your tickets are a match.
Be careful how you pay. Wiring money for any transaction is a non-traceable form of payment, so if you don’t receive tickets, it will be very hard to follow up. Most reputable businesses offer the option to pay by credit card or Paypal, which often provides a safer method with dispute resolution services.
Buying from a scalper is like a game of roulette. The tickets could be exactly as promised or a waste of time and money. If you want guaranteed seats to an event, it’s best to work with a reputable source. Also keep in mind, that in some states, it is illegal to charge more than the face value for tickets.

For more advice on spending your money wisely, check out www.evansville.bbb.org/Consumer-Tips/ and visit our blog at www.bbbconsumereducation.com.

Tri-State Better Business Bureau Awards Three Student of Integrity Scholarships

4/29/2011

Posted on 4/29/2011 by
The Tri-State Better Business Bureau announces today its three Student of Integrity Scholarship recipients. Students submit essays into the competition, detailing a personal experience and how they made a decision based on ethics.

Recipients and honorable mentions, determined by a panel of local educators, include:

First Place: Melinda Weiss, Gibson Southern High School

Second Place: Hayli Bittner, Gibson Southern High School

Third Place: Jonathon Dale Klassy, Benjamin Bosse High School

Honorable Mentions:
Nicholas Heshelman, North Daviess High School

Alecia Marie Kissel, Mater Dei High School

Taylor Heilers, Forest Park High School

This year, the panel reviewed essays submitted by students from 20 different high schools throughout our service area.

For more information on the Student of Integrity Scholarship competition, students can visit

http://evansville.bbb.org/scholarship/.

Other student education programs, including free presentations, are available upon request. Contact Beth Rodriguez, Director of BBB Services, at 812-473-0202 ext. 115 or brodriguez@evansville.bbb.org to learn more.

The McGraw-Hill Companies and BBB Military Line Join to Bring Financial Literacy to Military Families

4/26/2011

Posted on 4/26/2011 by

View video of Michelle Obama and Jill Biden.

As part of First Lady Michelle Obama and Dr. Jill Biden’s “Joining Forces" initiative, McGraw-Hill (NYSE: MHP) and Better Business Bureau are joining together to develop and deliver expanded financial literacy and consumer protection programs to military families. The campaign builds on six years of BBB Military Line training initiatives and McGraw-Hill's decade-long commitment to ensuring financial literacy for all. The combined effort will reach more than 40,000 military families initially and will include a full complement of online and onsite financial resources including webinars, mobile applications, workshops and promotions.

According to an October 2010 FINRA (Financial Industry Regulatory Authority) study entitled, "Financial Capability in the United States: Military Survey," military populations suffer disproportionately from financial strain (poor credit, high debt, foreclosures, etc.) due to service members' unique circumstances of long deployments, protracted family separation and frequent moves. The study notes, "Improving financial capability is not only important for military service members and their families, it also affects the military as a whole. When military families make poor financial decisions, the cost of those decisions can undermine military readiness."

"Lack of financial literacy can become a serious national security issue, as well as an unnecessary and burdensome distraction for our service members and their families," said Stephen A. Cox, President and CEO of the Council of Better Business Bureaus. "Financial readiness is critical to mission readiness and BBB Military Line is honored to work with McGraw-Hill to make this happen."

"McGraw-Hill is proud to work with BBB Military Line to equip the armed forces and their families with the tools to make informed financial decisions," said Harold McGraw III, Chairman, President and CEO of McGraw-Hill. "We applaud First Lady Obama and Dr. Biden for launching this worthy campaign and McGraw-Hill stands ready to do our part."

BBB Advises Consumers on Handling Debt Collectors — Both Legitimate and Phony

4/8/2011

Posted on 4/8/2011 by

Consumers who owe money or are behind on their bills may be legitimately contacted by debt collectors to pay off debts. The BBB warns consumers, however, that phony debt collectors are lurking. In a recent release of the top complaints reported to the Better Business Bureau, collection agencies ranked 5th in number of complaints received. With more than 15,000 complaints, consumers need to be aware of the best practices for when it comes to handling debt collectors.

Debt collectors seek to reclaim funds on past-due accounts on behalf of creditors, businesses or individuals. But, sometimes the "debt collector" calling turns out to be an identity thief who is trying to get you to divulge personal or financial information, such as your Social Security, bank and credit card numbers. Oftentimes, scammers will impersonate legitimate debt collectors to illegitimately obtain financial information. These fraudulent calls can be harassing and threatening.

"Consumers can protect themselves by knowing the red flags for fraudulent debt collectors and their what rights they have," says Tom Bozikis, Vice President of Bureau Policy & Standards at the Tri-State Better Business Bureau."If the collector refuses to provide the name of their agency or uses high pressure tactics to receive payments, only accepted by cash or money transfer, consumers should report this information right away."

It’s important for consumers to verify the alleged debt before taking action. BBB recommends doing the following:

Request written proof. Get documentation to help determine if the callers are actually identity thieves or if a debt is actually owed. By law, a debt collection agency must provide a validation notice within five days of contacting you about the debt. Within 30 days of receiving their validation notice, send the debt collector a written request to further verify the debt details. Do not provide personal or financial information unless the validity of the debt and the debt collector has been confirmed.

Verify the legitimacy. Get the debt collector's name and contact information to research the agency further. Search on the Internet to see if they have a website or a BBB Business Review at www.bbb.org. Cross-check contact information and call them using a phone number from a public or online directory. Verify that the representative who called is affiliated with the agency.

Avoid phony calls. Be wary if the debt cannot be verified or if no documentation is received. Advise them to stop contacting you and register with the National Do Not Call Registry at www.DoNotCall.gov or 888-382-1222.

If you do not owe the alleged debt, BBB recommends doing the following:

Don't ignore the collector. It is best to respond immediately, even if you don't believe the debt is yours. Otherwise, the collector may continue contacting you or file a judgment.

Don't pay. Do not claim a debt that isn't yours or make a payment on a bill just to make the collector "go away." Even just one payment can indicate that you are accepting the full responsibility of the debt. The invalid debt could also reflect as a liability on your credit report.

Contest errors. If no debt is confirmed, contact any involved parties to clear up inaccuracies on your credit report, such as: the debt collector; the creditor or company claiming unresolved accounts; and the major credit bureaus. Write a detailed letter and include supporting documents to prove your case. The Federal Trade Commission provides additional resources for reporting errors.

Check for identity theft. If contacted by a collection agency regarding erroneous bills or debts, it could be an indication of identity theft; an imposter may be using your identity to make purchases, open accounts and obtain credit. Review your credit report to quickly identify fraudulent activity or make corrections; visit www.annualcreditreport.com for a free yearly credit report and get FTC advice for Resolving Specific Identity Theft Problems relating to debt collectors.

BBB recommends doing the following for debt you do owe:

Know your responsibilities. It is not against the law for a debt collector or creditor to contact you regarding unpaid debts. Try working with them to resolve issues. Discuss doing payment plan and request obligations in writing.
Complain about abusive practices. Report harassment, threats and other violations of federal telemarketing laws to the FTC. File a BBB complaint if you believe a debt collector is acting unethically. Also, research state laws on debt collectors, which may vary.
Stop collector calls. According to federal law, a debt collector cannot continue to contact you—at work or home—if you tell them to stop. Write a letter stating not to contact you anymore. Save a copy of the letter then send the original via certified mail and request a return receipt. If a debt is owed, the collector or creditor can still take legal action to collect funds and may contact you to inform you of their action.
Seek help for debt. Try using BBB's free online program Managing Credit – Made Simpler.
Know your rights. Review the federal Fair Debt Collection Practices Act (FDCPA), which sets standards for collection agencies and prohibits abusive tactics. The FDCPA is enforced by the FTC and violations should be reported.

Debt collectors:

May not make false or deceptive claims.
Are not allowed to make idle threats, express or implied, or use abusive or profane language.
Should not discuss consumers' accounts with unauthorized third parties.
May not inaccurately report credit information and pressure consumers to pay debts they do not owe.
Must investigate the validity of a dispute over a debt.

Report Scams: Debt collection victims can file complaints with the:

Better Business Bureau
Federal Trade Commission.
Internet Crime Complaint Center, if contacted by internet or e-mail.
State Attorney General's Office and other local consumer affairs agencies.
American Collectors Association (ACA International) processes complaints on its member debt collectors; find out if the debt collection agency is a member.

For more information on debt collection, visit www.evansville.bbb.org/Consumer-Tips/.

Is Medicare Trying to Get in Touch With You?

4/8/2011

Posted on 4/8/2011 by

Recently, the BBB has received information from consumers and organizations concerned about calls, appearing to be from Medicare.

“The name coming up on caller i.d. may have the word “Medicare” in it, leading consumers to believe Medicare is calling, but this is not true, “ says Tom Bozikis, Vice President of Policy and Standards at the Tri-State Better Business Bureau.

Upon answering such calls, many consumers report recorded messages from solicitors or businesses, such as insurance providers, leading consumers to feel mislead by caller i.d. labels and placing calls to their Better Business Bureau for help.

When requesting information, Medicare will not call, email or use the internet to contact consumers, so consumers should beware, if they receive correspondence by these means. Potential risks beyond identify theft include declined coverage for services, not truly from Medicare, but instead from an unauthorized solicitor, especially in the case of the Medicare Advantage Plan.

Should you have any question as to whether Medicare is trying to reach you, the BBB suggests you call the agency directly at 1-800-MEDICARE. You may also learn more about Medicare by visiting http://www.medicare.gov/.

BBB Provides Tips for Recent Epsilon Breach

4/4/2011

Posted on 4/4/2011 by
In what may be one of the largest data breaches in U.S. history, several names and email addresses have been obtained by a hacker who infiltrated online marketer, Epsilon.

Epsilon, a permission based email marketing provider, sends over 40 billion emails annually and holds more than 2500 clients, including 7 of the Fortune 10 to build and host their customer databases.

Companies who do business with Epsilon include Walgreens, Tivo, Inc, HSN Inc and several of the nation’s largest banks. (A more complete list of Epilson clients is located below). Customers of these companies were recently contacted and notified of the breach.

According to many of these notifications, no personal financial information was revealed or compromised, but the Better Business Bureau warns that if your email address has been stolen, you may be the target of phishing emails that try to get such information.

“The risk is targeted phishing emails to clients and customers of Epsilon information,” says Tom Bozikis, VP of Bureau Policy and Standards. “Consumers should beware and verify the origin of all unknown email or check with the company(s) directly before providing any personal or financial information. Consumers should also beware of emails containing links.”

The BBB also advises consumers to be cautious of strange emails that appear to be from family and friends. This is another way that email addresses are used fraudulently. Cybercriminals know that you are more likely to click on a link or give information via email to someone you know and trust.

Updating all areas of your computer’s security is another safeguard that can help prevent fraudulent emails from landing in your inbox in the first place and help prevent hackers from infiltrating your system.

If you become a victim of a phishing scam, file a complaint with the Internet Crime Complaint Center: www.ic3.gov / 800 251-3221.

If you have further questions on the Epsilon breach, click here for access to the company’s press release dated April 1^st. A consumer contact number of 303-410-5369 is also provided.

Additional questions for your BBB may also be addressed to Tom Bozikis at 812-473-0202, ext. 114.

A more complete list of Epsilon clients include:

Kroger
TiVo
US Bank
JPMorgan Chase
Capital One
Citi
Home Shopping Network (HSN)
Ameriprise Financial
LL Bean Visa Card
McKinsey & Company
Ritz-Carlton Rewards
New York & Company
Brookstone
Walgreens
The College Board
Disney Destinations
Best Buy
Robert Half Technologies

Legal Line: Sale of Goods and the Uniform Commercial Code

4/4/2011

Posted on 4/4/2011 by

Every transaction involving the sale of goods, no matter how large or small, whether by merchants or consumers, is subject, at least in part, to Article 2 of the Uniform Commercial Code enacted in all fifty states. Generally speaking, “goods” are things that can be moved.

The buyer and seller may form an agreement under Article 2 without anything in writing but under certain circumstances, the agreement may not be enforceable without a writing. This principle is embodied in what is usually referred to as the UCC statute of frauds, and is based on the theory that a writing provides objective evidence that a contract does exist. The statute of frauds has been critized because it can be misused to perpetuate a different type of fraud where a party can avoid an agreement by claiming that no writing exists. Clearly, the best business practice, with few exceptions, is to have a written agreement that sets forth the terms by which the parties will be bound. To the extent the parties’ agreement does not set forth all terms, Article 2 may provide terms for them, some of which may come as an unpleasant surprise to the ill-prepared buyer or seller. In a written agreement the parties can agree that certain terms of Article 2 will not apply to their agreement in an effort to allocate risks between the buyer and seller.

The writing between the parties need not be in a single document on paper and it need not state all of the terms and even need not state the terms accurately. It need not be signed by both parties but needs to be signed by the party against whom enforcement is sought. In this electronic age, a writing can take the form of emails, text, and even tweets. Even when there is no writing at all, a contract valid in other respects is enforceable if the goods are to be specially manufactured for the buyer and could not be sold to others and the seller makes a substantial beginning in the production of the goods or commits to purchase materials for production and under other circumstances.

Unless excluded, certain implied warranties are imposed by Article 2, one of which is the implied warranty of merchantability, to the effect that the goods “are of fair average quality” within the description and “are fit for the ordinary purposes for which the goods are used.” Additionally, if the seller has reason to know any particular purpose for which the goods are required, there is an implied warranty of fitness for that particular purpose. These warranties last for a period of four years and, if breached, subject the seller to exposure for “incidental and consequential damages” which can be substantial. For instance, consequential damages can include loss of profits of the buyer. Those losses of profits can subject the seller to much greater damages than the seller had anticipated. That is, if a manufacturer of bicycle parts sells those parts to a manufacturer of racing bicycles, knowing the performance characteristics of those bicycles and if the parts sold are not fit for racing purposes even though they might be fine for ordinary purposes, causing the bicycle to underperform, the seller of the parts can be liable to the bicycle maker for damages that could be measured not only by the buyer having to replace the parts but by the bicycle maker’s loss of business that results from orders that cannot be fulfilled and even sales that are not made due to the fact that bicycle purchasers resort to another brand which can meet the desired performance characteristics.

Certain specific language has to be used in order for a seller to disclaim these warranties and the significant risk that goes along with them. Article 2 of the Uniform Commercial Code sets forth a complex set of rules that every person in the business of selling and buying goods should respect. In order to avoid the sometimes quite significant pitfalls that can present themselves to an unwary buyer or seller, it is important to have agreements for the purchase and sale of goods in writing prepared by or reviewed by counsel familiar with the ins and outs of Article 2.

This article was written by Atty. R. Steven Krohn with Rudolph, Fine, Porter & Johnson, LLP (www.rfpj.com) in Evansville, Indiana. For additional information, you may contact him at 812.422.9444 or rsk@rfpj.com. His practice areas include corporate and business law, business acquisitions law, real estate, and contract law.

This article is intended solely as an information source and its contents should not be construed as legal advice. Readers should not act upon the information presented without professional counsel.

Need Help with Storm Clean-up? Tips from your BBB to Receive the Services You Need

3/14/2011

Posted on 3/14/2011 by

The recent tri-state storms have sent many homeowners in our area into “clean-up” mode, assessing roof damages, trees down and general home repairs required from the storm. Your BBB often receives lots of calls during this time, due to urgency of this need and the readily offered services presented by storm chasers, contractors, and door-to-door salesmen.

We understand that home repairs can’t always wait…..and although there are many businesses out there providing quality services, your BBB still advices caution, research, and patience to insure who you hire delivers to your needs. A few tips below might help with search:

1) Start with your Insurance Company -Take photos of the property and the damage and check with your insurance agent on policy coverage and specific filing requirements. Consumers should know many business’s contracts state if insurance won’t cover the cost, the consumer is still liable.

2) Beware of Storm Chasers- Your BBB has heard of many fly-by-night operations entering areas recently hit by natural disasters. Beware of anyone who uses high pressure sales tactics, ask for full payment up front or cannot provide proper business paperwork for review. These operations may not have proper licensure for your area and may offer quick fixes or make big promises to which they won’t deliver. Further, the company may be hard to contact with any problems, once they have left the area.

3) Search with your BBB. Your BBB offers Reliability Reports on more than four million local and national businesses and charities across the U.S. and Canada. Our reports provide known contact information, complaint statistics and other details to help you make an educated decision for your circumstance. Check our website at www.evansville.bbb.org for more information.

4) Vet your Contractor – different areas have different requirements on licensure, insurance and bonding. Verify all state and local requirements are being met for the business you consider and insure those doing the work, are actually from the business and not subcontracted.

5) Confirm Quality and Price – Ask for references from recent jobs and consider driving by to see the work. Also ask for contracts up front (including any warranties for review) and get multiple quotes for comparison. Your BBB recommends that all contracts (including any promises from the contractor and completion dates) be in writing. Remember, with natural disasters, details such as cleanup and disposal of waste may be especially important.

BBB Advises Donors on Japanese Earthquake/ Pacific Tsunami Relief Efforts

3/14/2011

Posted on 3/14/2011 by

Many Hoosiers may feel prompted to help and donate to disaster relief efforts, as they see news reels from today’s tragic Japanese Earthquake and Pacific Tsunami events. Your Better Business Bureau applauds your generosity, but advices caution and research before donating, to insure your funds reach reputable organization with the true capabilities to help.

“Nothing is more tragic than finding out your generosity was taken advantage of”, says Tom Bozikis, Vice President of Policy and Standards at the Tri-State Better Business Bureau. “With a few simple steps, consumers can insure their safety as well as help those truly in need, if they heed a few tips.”

Tips from your BBB on donating are below:

Before donating, research the charity you’re considering supporting at www.bbb.org/charity.
Consider initiating the donation yourself, rather than responding to online or phone solicitations.
If donating online, confirm the site is secure by looking for the “https” in the organization’s online address.
Find out if the charity has an on-ground presence in the disaster impact area. If staff is not already in place, it may be difficult for the charity to quickly provide assistance.
See if the charity’s website clearly describes what they can do to address immediate needs or ask for written information about the charity’s programs/ finances.
Be wary of any charity reluctant to answer reasonable questions about their operations, finances and programs.
Don’t give cash. Checks and money orders should be made out to the name of the charitable organization, not to the individual collecting the donation.

You can search your BBB’s website for Accredited Charities at http://evansville.bbb.org/Find-Business-Reviews/.

American Red Cross details regarding locating family and friends in affected regions can be found at: http://newsroom.redcross.org/2011/03/11/disaster-alert-earthquake-in-japan-tsunami-warnings/

Is Luck Headed Your Way? Your BBB Offers Tips and Advice for Luck of All Types!

3/14/2011

Posted on 3/14/2011 by

We’ve all received them. Our “lucky day” notification of winnings, lottery prize drawings, jackpots and more. But now “luck” is taking on a whole new twist, with government grant offerings, checks in the mail, offers to reduce interest rates and even offers to return unclaimed funds. Not all of these offers are bogus, but consumers are rightfully careful, even cynical, when offers arise and often turn to their BBB for help.

So when CAN you believe your luck has turned? Your BBB provides tips, trends and information below to keep you safe and prepared for “luck” that comes your way.

1) “Lotteries, Prize Drawings and Cash, Oh My!”

To determine legitimacy, start with what you know. Where did the notification come from? U.S. citizens are not eligible for foreign winnings and prize drawings, so if your postmark is foreign, it’s likely a scam. Unsolicited offers received by text or the internet are likely bogus too. Other signs of bogus offers include:

Asking for personal information or the wiring of any type of funds
Asking for processing fees or taxes. You should never have to pay money to win money and taxes are paid to the government with your annual taxes, not to a private company or individual.
Are their multiple logos of companies you know? Logos are easily pirated. Contact the headquarters of one of the companies listed and you will likely find they are uninvolved in the offer.
Did you receive a “lucky” lottery ticket or scratch off on your door? Look to the fine print for what company provided this ticket, the true odds of winning and whether sales presentations or obligations apply. Check out the company with your BBB.

Do you believe something if you have received in the mail is a scam? Take your letter to your local post office and the postmaster can review for post fraud.

2) “Will the Government Really Provide Me Grants to Reduce debt or Start a Small Business?”

Generally, grants are provided for very specific projects, to serve a social good or to provide research. Funding is free, so should never require a fee. Funds may be offered by the government or private foundations, but both usually require that applicants meet very specific guidelines and there are specifications to how funding must be used. Obtaining a grant is often a complicated process too, requiring documentation and research, so beware of offers to reduce personal debts or pay for personal needs.

Want to check out government grants currently available and the requirements necessary to obtain them? Visit www.grants.gov for a list of current government offerings.

3) “They Didn’t Ask For Anything…Just Sent Me a Check For Part of My Winnings!”

Read on. Sometimes this scam plays out in the following way. The check sender relies on you having a good relationship with your bank, who may readily cash a check for a loyal customer. Your next step is to call and get further directions for receiving the rest of your funds. You are directed to wire a part of the provided check to finalize the transaction. It can take upto 90 days for your bank to determine an account is bad or has no funds to back it, but by then it is too late. You have wired the money (which is non-traceable) and are now accountable to the bank to pay back the bad check amount. You may also incur insufficient fund fees, fraudulent check fees or other fees from your bank for this heartache. Talk about your serious bad luck!!

4) “I’m due a break on this interest rate!”

Who would turn down a better interest rate on their credit card or loan?! Your BBB has received lots of calls from consumers wondering if these offers are legit and with this one, it just depends…. Some callers receive calls from “Cardholder Services” or their “Credit Card Service Department” with a recorded message noting they may be due a lower rate. The consumer is then prompted to “press 1” or another number to "opt out". By pressing any number, you have just verified that you have a working telephone number that may be spoofed. These are considered "robocalls", are illegal, and not used by banks and credit companies to contact their customers, so should be reported to the Attorney General's Office in your state- even if you are not on the do not call list. Another place to report calls of this nature is the Federal Trade Commission, whose number is 877-382-4357.

To seek a true reduction in interest rate, consider instead contacting your current credit card company. Let them know you are shopping for a lower rate and them ask for any current promotions or offers. Another option is to check out credit card companies with your BBB, then contact them on their current rates and promotions.

5) “Is it really my money?”

Maybe. Millions of dollars in assets and property are turned over as “unclaimed” to the Attorney General’s office each year. The Attorney General’s Unclaimed Property Division works to return these assets to their rightful owners.

These assets can include:

Dormant bank accounts
Lost or forgotten uncashed checks

Stocks or bonds, dividends and bond interest
Insurance proceeds
Utility refunds
Safe deposit box contents

The Attorney General’s office has a free on-line database where you may check to see if any funds are waiting for you at: http://www.IndianaUnclaimed.com/.

If you have heard of unclaimed funds by a different means, research, and proceed with caution. Some “finding” companies may offer to make you aware of such information at a cost, when actually the information can be accessed free of charge. To learn more about a company that has contacted for this purpose, contact your BBB.

Need Help with Storm Clean-up? Tips from your BBB to Receive the Services You Need

3/7/2011

Posted on 3/7/2011 by
The recent tri-state storms have sent many homeowners in our area into “clean-up” mode, assessing roof damages, trees down and general home repairs required from the storm. Your BBB receives lots of calls during this time due to urgency of this need and the readily offered services presented by storm chasers, contractors, and door-to-door salesmen.

We understand that home repairs can’t always wait, and although there are many businesses out there providing quality services, your BBB still advices caution, research, and patience to insure the individual or company you hire addresses your needs. These tips might help with your search:

1) Start with your Insurance Company -Take photos of the property and the damage and check with your insurance agent on policy coverage and specific filing requirements. Consumers should note that many businesses' contracts state if insurance won’t cover the cost, the consumer is still liable.

2) Beware of Storm Chasers- Your BBB has heard of many fly-by-night operations entering areas recently hit by natural disasters. Beware of anyone who uses high-pressure sales tactics, asks for full payment up front or refuses to provide a contract in writing (that includes their company address and phone number). These operations may not have proper licensure for your area and may offer quick fixes or make big promises to which they won’t deliver. Further, the company may be hard to get a hold of once they have left the area.

Additional Questions? Contact your BBB! Our website or representatives can help you find businesses in your area providing the services that you need. We also offer general tips and objective advice to assist you. Find us at www.evansville.bbb.org or can call us at 812-473-0202.

Legal Line: Short Sale Transactions: "Should I Worry?"

3/2/2011

Posted on 3/2/2011 by

What is a Short Sale?

In tough economic times, there are numerous ways to lose a home. A short sale can be an alternative for lenders and owners of real estate; however, it may not be a pleasant transaction. For many homeowners who can no longer keep their mortgage payments current, a short sale is an alternative to foreclosure proceedings or bankruptcy. Short sale transactions are now more prevalent than ever before and are highly scrutinized. This type of transaction can be highly successful for all parties involved.

Closing short sale transactions presents many unique challenges to title closing agents, realtors, sellers, lenders and purchasers. A short sale means that a lender agrees to accept a lesser amount than the total amount due under the terms of the note and mortgage. Not all lenders are willing to participate in a short sale transaction, especially if it would make more financial sense for the lender to foreclose. In addition, not all sellers or all properties qualify for the short sale transaction. If you are considering participating in a short sale transaction, the following are important items to keep in mind, whether you are the seller, closer, or buyer:

Seller

Obtain legal advice from a competent real estate lawyer since a lender may subsequently pursue a deficiency judgment or claim.

Call an accountant to discuss short sale tax consequences, if any. The IRS may consider debt forgiveness as income.

Enlist the assistance of a real estate agent that specializes in short sale transactions.

Call your lender to open the doors of communication. Be sure to find the real estate short sale or work out department.

Submit your written letter of authorization giving the lender permission to negotiate with the real estate agent, purchaser, closing agent or lawyer and to disclose personal information about your loan.

Compose and send a hardship letter that explains your financial bind and will act as a plea to the lender to accept less than full payment. Your present situation may be the result of illness, job loss, disability or uncontrollable circumstances.

Proof of your income and assets must be submitted to your lender.

A comparative market analysis from your realtor can substantiate the loss of market value that created your need for a short sale.

Supply your lender with a purchase agreement or listing agreement when available. Be ready to negotiate repairs, etc.

Wait for the lender to approve the short sale transaction.

Title or Closing Agent

Closing short sale transactions present many challenges. Title must be updated to determine the existence of current foreclosure proceedings, bankruptcy, additional lien holders or judgment creditors which will need to be part of the title clearance issues. The title or closing agent must obtain a comfort level in regards to the following:

Do not negotiate the terms and conditions of the short sale. You must remain an independent facilitator only.

Short sale estoppel (a bar to denial of previously stated truths) letters must be obtained from all existing lien holders of record setting forth the strict guidelines upon which the existing lender and all other lien holders have approved the short sale. These letters are to be strictly construed and followed without any variance from the guidelines.

Unconditional approval of the short sale must be obtained. Confirm that the estoppel letter and approval cannot be revoked after closing due to any condition including but not limited to review of closing documents or discovery of additional information about the parties, transaction or property values, by the lender or lien holders.

Review estoppel and approval letters completely. Some may place resale restrictions.

Lien releases must be addressed in the estoppel letter. Make sure that all lien holders agree to accept a reduced payoff and agree to release the mortgage or judgment or to dismiss any pending foreclosure proceeding. Once the lender or lien holders receive the agreed amount they must file the appropriate form of release.

Pay specific attention to the terms of the approval as to price, closing costs, real estate agent commission, and amounts payable to junior lien holders. These terms must be followed precisely.

Buyer

Seek the advice of a competent real estate lawyer to review all the seller’s documentation from the lender or lien holders.

Seek the advice of an experienced real estate agent specializing in short sale transactions.

Purchase an Owner’s Title Insurance Policy and review the Title Commitment prior to closing to insure the validity of the short sale transaction and that the property will be sold free and clear of prior liens.

Look for resale restrictions in the documentation which may prohibit a subsequent conveyance or “flip” within a defined time period.

The sale must be an arm’s length transaction. You must advise all parties of material fact change regarding the resale, ownership or property valuation.

The short sale buyer must not in any way be related to the short sale seller nor be party to a repurchase or reacquisition of the property in any form.

The above items represent some helpful hints when a short sale transaction is contemplated. Most importantly, seek professional advice, be patient and be thorough with information and documentation required by the respective parties to the transaction. Remember, the existing lender, lien holders, seller, the closing agent, the real estate agent, the buyer and the buyer’s lender all must be included in the loop for a short sale transaction to work smoothly and efficiently.

This article was written by Dan L. Oliver, of counsel, with Rudolph, Fine, Porter & Johnson, LLP in Evansville, Indiana and an attorney for Lockyear Title, LLC. For additional information, you may contact Dan L. Oliver at (812) 422.9444, (812) 421.8405 or daniel@lockyeartitle.com. His practice areas include real estate and title insurance.

This article is intended solely as an information source and its contents should not be construed as legal advice. Readers should not act upon the information presented without professional counsel. Information contained in this article was provided in part by the Underwriting Department of First American Title Insurance Company Alert No. 2010-11 and other sources.

Legal Line: Practical Legal Issues for Buying a Business

2/2/2011

Posted on 2/2/2011 by

If our economy is to get back on track, it needs to be driven by small businesses and entrepreneurs. If you have a great idea and a desire to work for yourself, you can start your own business. Or, if you want to move forward with the ideas, concepts and customers of an existing business you may be advised to purchase an existing business. While purchasing an existing business is a great way to jump start your entrepreneurial endeavors, it is also a course of action that needs to be carefully considered. You should map out a good strategy as you proceed with a purchase transaction.

First, it is advisable to create a new entity (that you will own) that will acquire the assets of your target business. A new entity (whether it is a corporation, a limited liability company, a limited partnership or a limited liability partnership) should protect you with the benefit of limited liability. With a new limited liability entity, the most you can lose is your investment in the new business. Your other assets, like your home and savings, should then be sheltered from the liabilities of the new business.

You should attempt to purchase only the assets (equipment, vehicles, trademarks, customer lists, etc.) of the business (as opposed to the stock of the selling corporation or the membership interests of the selling limited liability company). Ideally, your new entity would only have the liabilities and obligations that you have intentionally acquired. By purchasing only the assets, the obligations and debt of the target business would be left with the seller.

It is important to obtain a complete listing of the assets to be purchased. Typically a buyer does not need to purchase all of the assets. You only need to acquire the operating assets that are needed for your future operations. This selection would also allow you to reduce your initial costs.

Although you are best advised to only purchase the assets of a business, sometimes it is appropriate to assume some of the liabilities of the existing business. For example, there may be a lease or an advertising contract or a telephone directory listing that is important to the ongoing operations. If you consider assuming any liabilities of the seller it is important to fully review the terms of these existing liabilities before you consider assuming them.

The employees (and their respective employment contracts and benefits) will not automatically be transferred to you. The seller will need to terminate all of his employees and pay all wages and benefits due to them. You need to review the specific employees, their duties, and contributions to the business, compensation and benefits. As the buyer, you can then select which employees of the seller you want to hire.

When you determine what is being purchased and what, if any, employees, liabilities or other obligations you are acquiring, it is time to prepare a letter of intent to state these terms in writing. The letter of intent needs to list the assets to be purchased, the liabilities to be assumed, the amount to be paid and the next steps to be taken. The letter of intent needs to expressly state it is a non-binding document. The letter of intent is only intended to be a written expression of what is to be done when the buyer and the seller have generally agreed upon the terms of the transaction. Then, a definitive purchase and sale agreement is drafted. The definitive agreement is the document that specifically states the terms of the transaction and creates the legal obligation of the parties. You are best advised to engage counsel to prepare or review the definitive purchase agreement and assist with the completion of the detail of the transaction.

This article was written by Marc D. Fine, a partner with Rudolph, Fine, Porter & Johnson, LLP (www.rfpj.com) in Evansville, Indiana. For additional information, you may contact Marc D. Fine at (812) 422-9444 (e-mail:mdf@rfpj.com). His practice areas include probate and estate planning, tax law, trust administration, corporate and business law, banking, and real estate law.

Legal Line: Frequently Asked Questions by Cost-Cutting Employers

1/3/2011

Posted on 1/3/2011 by

Can I unilaterally change an employee’s rate of pay?

If an employee engages in misconduct, can I impose a fine on the employee as discipline and take it out of his or her paycheck?

No. Under Indiana law, an employer is not permitted to fine an employee and deduct the amount from his pay.

Can I make deductions from an employee’s paycheck?

Indiana law is very strict about deductions from an employee’s paycheck. In fact, Indiana law requires three conditions to be met in order for a wage deduction to be valid:

1. The agreement for the deduction must be in writing, signed by the employee, by its terms revocable at any time by the employee upon written notice, and agreed to in writing by the employer.

2. A copy of the deduction agreement must be delivered to the employer within 10 days of its execution.

3. Only certain categories of deductions are allowed, including premiums on an insurance policy; contributions to a charitable organization; purchase price of bonds, securities or stock of the employing company; labor union dues; purchase price of merchandise sold by the employer to the employee; amount of loan made to the employee by the employer; contributions of the employee to a hospital service or medical expense plan; payment to an employee's direct deposit account.

Can I save paper and printing costs by providing pay statements to my employees electronically?

If I terminate an employee as part of a reduction in force, when is the employee’s final paycheck due?

As a general rule, final wages must be paid on or before the next regularly scheduled payday on which the employee would have been normally paid had the employee remained employed.

*****

A New Way of Looking at Conflict

12/20/2010

Posted on 12/20/2010 by

Here at the Better Business Bureau of Minnesota and North Dakota, conflict plays a significant role in our day-to-day operations. But did you know that customer complaints make up less than 2% of the total instances of service we provide to the public? It’s true! The vast majority of interactions take place online (www.bbb.org) when people are checking out companies before making their final purchasing decisions, a step that greatly reduces the number of complaints we receive – as well as the number of headaches experienced by customers.

Still, conflicts will arise, even when both parties have the best intentions. As with every dispute, how each party deals with conflict is the key to whether a resolution can be reached or whether the dispute will fester and build. Parties with open minds that are focused on solutions can often work through a dispute. Parties that dwell in the past and focus on their anger and hurt feelings are often doomed to carry that conflict with them for weeks, months, or even years.

Few people would argue the proposition that the world has become an angrier place. Part of this can certainly be traced to economic uncertainty. The tighter money becomes, the more stressed people get. And it’s tough enough to deal with conflict when all of your basic needs are being fulfilled. Throw in the added pressure of struggling to make ends meet, and all the elements are in place for frustrations to build and blow-ups to occur.

At the BBB, we feel that everyone needs to start learning how to better deal with conflict. Too often, the first approach to dealing with conflict is to get angry, say things (or, worse, do things) we wind up regretting and then cut off all lines of communication. That’s not a healthy – or a realistic approach – to solving problems.

It’s hard to say if things have always been this way or if soap operas, movies and TV dramas have taught us all that when we’re angry, the first thing we should do is storm out of a room. To be sure, there are times when putting some distance between you and the conflict is absolutely necessary. But generally the only way disputes get resolved is when the parties come together and are able to discuss things rationally.

An important thing for all of us to recognize upfront is that disagreements are going to happen. It’s a fact of life, even between family members and friends. What’s both interesting and sad about the way conflict is dealt with (or not dealt with) in our society is the fact that one disagreement can wind up outweighing years of friendship and countless happy memories. In our view, this is like throwing away a vase full of fresh roses after discovering a single thorn. It’s not a proportional response, nor does it make a lot of sense.

Now, it’s doubtful anyone who’s currently in the midst of a dispute would want to extend the duration of that conflict, if given a choice. At the BBB, at the onset of our conciliation and mediation processes, we try to remind both sides, business and customer, that there is a real value in being able to work through problems and allowing each party to move on with their lives. From there, we try to take the focus off of the past and place it on the future, on possible win/win solutions.

It’s tough to express the satisfaction a person feels when a dispute is resolved. Hopefully that’s a feeling everyone knows. In our role as third-party facilitators, we experience a bit of that feeling too. There’s nothing like watching two parties, who came into a room barely willing to look at each other, walk out together smiling and looking forward to the rest of the day with their disagreement behind them. That’s something we hope to see more of in the coming year.

The Chinese symbol for conflict represents both ‘danger’ and ‘opportunity.’ That might sound like a paradox, but we at the BBB understand exactly what it means. There is the danger that the conflict will deepen, and conversely an opportunity to bring opposing sides into balance. Our hope is that we can slowly help to shift attention more to the ‘opportunity’ side of the coin and that as a people, when it comes to conflict, we will once again become focused more on building bridges than burning them.

Phony Calls Claim to Be from BBB Asking if Businesses are Moving

12/20/2010

Posted on 12/20/2010 by
Businesses across the country are getting phony calls claiming to be from the BBB, asking if the businesses are planning to move. The calls are not from the BBB, and the source and purpose of the calls are unknown. BBB advises businesses to proceed cautiously with any unknown callers.

This week Better Business Bureau in Dallas heard from a law firm that received over a dozen calls in the past two weeks. The callers said they were from the Better Business Bureau and were updating records. The callers wanted to know if the law firm is moving. Although the business told the caller it isn’t moving, the callers keep calling back. The law firm reports that the caller ID on the calls displays all zeros.

Similar bogus calls have been reported to the BBB in Minnesota over the last few months. And the BBB serving Alaska, Oregon and Western Washington has heard from several businesses about the calls. A couple of the businesses actually were planning a move, and the callers kept asking for their new address and additional details. However none of the businesses that were called have been able to obtain more information from the callers.

BBB wants businesses to know that BBB does not call to ask if businesses are moving, and any calls from BBB are clearly identified. Businesses can check with their local BBBs to verify any calls claiming to be from BBB, or to report any questionable calls.

About Your Insurance Policies

12/17/2010

Posted on 12/17/2010 by

Whether it is for health, vehicles, home, or business, insurance services seems to be a vital necessity for many American consumers. With its frequency of use, it’s not hard to believe that “insurance” falls at #9 on our top 10 list of types of businesses receiving local complaints in 2010. To head off trouble at the pass, your BBB is happy to provide several tips to navigate the tricky waters of finding a good insurance service or provider for your needs. Of course, we always recommend checking out a BBB Business Reliability Report first, but other tips to keep in mind, are as follows:

Decide what type of insurance and how much coverage you need: Are you only driving a few miles or many a day to work? Will you need home, health or other coverage too? How many people should be covered by this policy? Often multiple insurance policies purchased with the same carrier result in discounts, when combined. Also, the amount of your premiums often relate to the amount of coverage you buy, so consider your options carefully. Cheapest is not always best!
Ask for a policy quote and comparison shop: Ask for a quote from the insurance company you are considering, and then compare it to one from another company to look for differences. Sometimes a quote itself can serve as a reminder of items we wouldn’t necessarily ask for up front, but hope to have in our coverage. One BBB consumer reported receiving a much better deal from “company A” to later find out that earthquake coverage had been taken out of their homeowners quote. The insurance company explained, due to decreased popularity with consumers and desire for the cheapest rates possible, the company no longer offered this coverage. It is up to the consumer whether a dropped coverage is ultimately needed, but in this instance, only another quote pointed out that not only the cost, but also the coverage had decreased.
Read the policy thoroughly and ask questions: If you don’t have a clear understanding of the policy, costs and coverage, ask questions. Also find out the companies cancellation and refund policy. Indiana law allows 10 days from receipt to examine health insurance policies and many life insurance companies offer the same. Check with your agent to find out the details. If you wish to cancel the policy and request a refund, return it to the home office (not the agent) within 10 days.
Before you sign, double check: Insurance agents are required to be licensed in Indiana and in many other states. Consumers may wish to verify licensing and can call the Insurance Commissioner for their state (at the phone numbers listed below), to confirm.

As mentioned before, BBB Reliability Reports are also available at www.evansville.bbb.org.

Insurance Commissioners:

Indiana (800-622-4461)

Kentucky (502-564-3630)

Illinois (217-782-4515)

Finding a Dentist

12/15/2010

Posted on 12/15/2010 by

Dentists complete our top ten list of types of businesses receiving complaints in 2010. Since dental work can be expensive, uncomfortable and sometimes visible or permanent, it is important to give due diligence to finding the best dental service to suit your personal needs.

Here are some tips from your BBB on finding a good fit for a dentist:

1) Research your options and compile a list of candidates. If you are researching for a child, you may want to look for a pediatric dentist or check out an orthodontist or surgical dentist for specialized work. Contact the American Dental Association or visit www.ada.org to find ADA members in your area*. Your BBB offers Reliability Reports on its website and you can also check out licensure through your state’s professional licensing agency. (Sites for the Tri-State area include: Indiana Online Licensing, Kentucky Board of Dentistry-Dentist License Search and the Illinois Division of Professional Regulation.)

2) Check with your Insurance Company. This will help you to know which dentists are covered under your plan and what your liability will be for services. Sometimes a dentist not covered by your insurance will be your first choice, but knowing this allows you to discuss any possible discounts or similar considerations with him or her.

3) Visit the office and ask for references. You will likely need to set up an appointment to meet the dentist, but visiting the office will give you a feel for the cleanliness, comfort and friendliness of the service. It will also give you a feel for if patients are quickly seen and you can request a list of some current patients to contact as references. (This information may take a little time to gather so consider calling in advance prior to pick up.)

4) Learn the dentist’s preferred method of treatment. When are pain medications offered and what types are used? At what point are they offered? If a child is the patient, what is the office’s practice in dealing with scared children? Finally, insure the office/dentist specializes in the specific products and services you need. Some may outsource for dentures or other necessary products or services.

5) Evaluate your choices. Your dentist should be open to discussion and be able to provide written price estimates for all suggested work. You should feel comfortable asking questions regarding risks and benefits and may need to learn more about payment options or alternate forms of treatment available.

6) Your BBB suggests you take your time in evaluating your choices and never feel pressured to make quick decisions regarding high-risk procedures or high-dollar transactions. Always take time to consider the health benefits and risks, and continue to ask questions if you don’t completely understand services and costs.

Should you still have an issue with your dentist office, you may file a complaint with your BBB. If your complaint is medical/treatment related, you will need to file with your state’s attorney general.

Additional Resources:

Indiana Attorney General: www. In.gov/attorneygeneral or 1-800-382-5516

Kentucky Attorney General: www.ag.ky.gov or 1-502-696-5389

Illinois Attorney General: www.ag.state.il.us or 1-866-999-5630

* The ADA Member Directory is not a referral service but rather a service to provide an up-to-date list of ADA members. The ADA makes no representation or warranty about the professional skills of those dentists listed in the directory, nor does the ADA accept or assume any responsibility for the treatment they provide.

How to Handle Complaints with Restaurants

12/15/2010

Posted on 12/15/2010 by

Tri-State restaurants landed ninth on our 2010 list of types of businesses that received the most complaints with consumers. Most disputes addressed either billing or customer service issues. We always recommend approaching a business directly before filing a complaint with the BBB. The nature of the relationship between diner and establishment makes this especially important. So we wanted to offer our readers helpful tips, paying particular attention to the “how” and “when” of handling disputes with restaurants.

If you are using a coupon or gift card, present it to your server before you begin ordering. You’ll want to make sure there are no exceptions you are unaware of, that the location you’re visiting honors a particular offer, and that your server knows how to process the coupon/gift card. This will ensure you are able to enjoy your meal knowing you’ll be getting the great deal you expect.
Address the issue immediately, if possible. Try to avoid calling the establishment later or the next day. Shift changes mean a certain staff member involved may not be working, managers may be out, or kitchen issues may be difficult to recall. Bringing an issue to their attention right away gives the restaurant a better opportunity to address it and offer a resolution.
Ask to speak to manager. Unless it is a simple order request, your server may not be equipped (or may not have the time) to address your concerns. Remain calm and explain your issue clearly.
Check your bill for any errors or overcharges. Then confirm the amount you are charged is the same amount on your bill. If you have a billing dispute, handle immediately.
If you are due a refund because of an error by the restaurant, and you paid by credit card, they may have to issue the refund using your credit card. Since this probably won’t happen immediately, ask for the number of days it will take for you to receive the refund in addition to the name and phone number of the person you need to contact if a refund is not received in that time frame.
If you are asking for a resolution from the restaurant, make sure it is appropriate for your issue. Asking for a full refund on your entire dinner if one dish was incorrect might not be the best choice if you want the restaurant to address your complaint.

If you are not able to resolve the matter with the restaurant directly, contact your BBB.

(Please note that your BBB does not address complaints related to food poisoning claims or any possible health code violations. For these types of disputes, contact your local health department.)

BBB Advice: Gift Cards, Product Orders and Extended Warranties - What Happens When a Store Goes Out of Business?

12/15/2010

Posted on 12/15/2010 by

The holiday shopping season is upon us and it could make or break many major retailers. With more retailers closing stores, or going out of business completely, consumers are confused about what will happen to their outstanding product orders, unused gift cards and extended warranties.

When a retailer files for bankruptcy, there are two primary options - Chapter 11 or Chapter 7. Chapter 11 means the company intends to reorganize and continue to do business as usual. However, Chapter 7 means the company will close and liquidate any assets in order to pay creditors. If a business intends to continue operations under Chapter 11, it will often still redeem gift cards, fulfill services and deliver on goods. Some Chapter 11 bankruptcies, however, quickly turn into Chapter 7 and then the chances for the consumer to receive any compensation are greatly diminished.

The BBB has the following advice for consumers if a retailer files for Chapter 7 bankruptcy:

Product Orders - Bankruptcy law is specific regarding who will benefit first in the case of a retailer’s liquidation. Unfortunately, customers are at the end of the line. Typically, the money gained from selling the company’s assets goes to paying back secured creditors, as well as any employee wages. Whatever is left over is divvied among customers who have outstanding claims for goods and services.

Customers who paid with credit cards may be able to dispute the charge with the credit card company and get their money back. For this reason, the BBB highly recommends that consumers pay with credit cards, instead of cash, checks or debit cards. Customers who paid by cash, check or debit card will need to file a claim with the bankruptcy court administering the process—the deadline is typically 90 days after the bankruptcy filing date.

Warranties - The validity of any outstanding warranties varies for each bankruptcy. If a retailer goes out of business, the consumer may be able to rely on the manufacturer’s warranty. If a manufacturer goes out of business, the consumer may be able to rely on any warranties provided by the retailer. Many extended warranties and service plans are provided and administered by third parties and are typically not affected by a retailer or manufacturer going bust.

Gift Cards - In cases of Chapter 11 bankruptcy, courts will decide if the business must honor gift cards or certificates. If the business has filed Chapter 7 bankruptcy, the gift card holder must file a claim. In some cases, consumers might actually get at least part of the value of the gift card back. The BBB advises consumers to redeem gift cards as soon as they are received to avoid possible problems down the road with the retailer’s solvency.

For more information on this press release, please contact Tom Bozikis or Cathy Eichele at 473-0202. To learn more about your Tri-State BBB, visit www.evansville.bbb.org.

About BBB

BBB, the leader in advancing marketplace trust, is an unbiased non-profit organization that sets and upholds high standards for fair and honest business behavior. Businesses that earn BBB accreditation contractually agree and adhere to the organization’s high standards of ethical business behavior. BBB provides objective advice, free business BBB Reliability Reports^® and charity BBB Wise Giving Reports^®, and educational information on topics affecting marketplace trust. To further promote trust, BBB offers complaint and dispute resolution support for consumers and businesses when there is a difference in viewpoints. The organization is also a recognized leader in developing and administering self-regulation programs for the business community, and, with respect to the advertising industry, does that through a joint venture in conjunction with National Advertising Review Council partners. The first BBB was founded in 1912. Today, 123 BBBs serve communities across the U.S. and Canada, evaluating and monitoring more than four million local and national businesses and charities. Visit www.bbb.org for more information.

BBB Advice for Older Adults: How to Protect Yourself From Financial Crimes This Holiday Season

12/15/2010

Posted on 12/15/2010 by

Don’t let fraud or identity theft ruin your holiday season. There are a variety of ways scammers can take advantage of goodwill during the holidays – and often, these scams target older adults. To safeguard against financial crimes this holiday season, the Better Business Bureau offers these timely tips for older adults and their caregivers.

Be cautious with charitable giving. November and December are two of the busiest months of the year for charitable organizations to solicit contributions. Before giving, ask questions of the charity and do not contribute until you are satisfied with the answers. Be wary of an organization’s reluctance to provide answers about revenue, expenses, programs and services. Always give by check or credit card, and make the check payable to the charity, not the individual collecting the donation. Finally, before giving to any charity, check out the organization with the BBB Wise Giving Alliance. Find reports on national charitable organizations at www.bbb.org/charity. To access reports on local charities, go to www.evansville.bbb.org.
Use direct deposit. Your mail – both incoming and outgoing – can be vulnerable, especially during the holidays when criminal activity peaks. If your Social Security or Supplemental Security Income (SSI) check is delivered by mail to an unlocked mailbox, your check could be stolen. Direct deposit eliminates the risk of lost or stolen checks, reduces fraud and gives people faster access to their money on pay day. Direct deposit also protects against identity theft. For more information about enrolling in direct deposit of your Social Security or SSI payment, call the Go Direct helpline at (800) 333-1795 or sign-up online at www.GoDirect.org.
Don’t fall victim to financial scams. The holidays mean family, friends, and, many times, increased spending! Thieves may try to offer seniors an easy way to make some extra money through fake check scams. These scams have common patterns – scammers contact victims through the mail or online and send them realistic-looking checks or money orders. The scammers then ask for some portion of the money to be wired back to them. The problem: it may take weeks for your bank to discover the check or money order is a fake, and when the bank wants its money back, you’re financially responsible. Some popular scams involve foreign business offers, rental schemes and work-at-home opportunities. To learn more about fake check scams and to report fraudulent activity, go to www.FakeChecks.org.

Arm yourself with information. The BBB offers safe shopping advice and other helpful tips at www.evansville.bbb.org. When in doubt, always check things out. Consult with trusted family members, friends or neighbors before making a major purchase or check with the BBB for consumer tips and alerts.

For more information on this press release, please contact Tom Bozikis or Cathy Eichele at 473-0202. To learn more about your Tri-State BBB, visit www.evansville.bbb.org.

About BBB

BBB, the leader in advancing marketplace trust, is an unbiased non-profit organization that sets and upholds high standards for fair and honest business behavior. Businesses that earn BBB accreditation contractually agree and adhere to the organization’s high standards of ethical business behavior. BBB provides objective advice, free business BBB Reliability Reports^® and charity BBB Wise Giving Reports^®, and educational information on topics affecting marketplace trust. To further promote trust, BBB offers complaint and dispute resolution support for consumers and businesses when there is a difference in viewpoints. The organization is also a recognized leader in developing and administering self-regulation programs for the business community, and, with respect to the advertising industry, does that through a joint venture in conjunction with National Advertising Review Council partners. The first BBB was founded in 1912. Today, 123 BBBs serve communities across the U.S. and Canada, evaluating and monitoring more than four million local and national businesses and charities. Visit www.bbb.org for more information.

Legal Line: “I’m not in a Lawsuit, But Somebody Wants to See My Documents”

11/30/2010

Posted on 11/30/2010 by

Subpoenas and Non-Party Requests for Production

Even if you are a small business with a handful of clients or employees, it is possible you may open your mail one day and find legal papers stating you are required to turn over documents or other “tangible things”, such as a computer’s hard drive, photographs, or even your property, to an attorney. These papers may seem strange to you in large part because they may be requested as part of a lawsuit in which neither you nor your business are involved.

These types of papers will usually be called a Non-Party Request For Production and/or a Subpoena Duces Tecum (Latin for “bring with you under penalty of law”). You may receive both asking for the same thing(s). The reference to “Non-Party” is just that: It is directed to you, who are not a party to a lawsuit that is currently pending. These requests should include a caption on the first page stating the names of the parties, the court in which the lawsuit is pending, and a cause number identifying the lawsuit.

Do you have to provide the documents or tangible things that are requested? In most instances, the answer will be yes, but there may be issues to address before you do so. For example, a bank may not be eager to turn over detailed records for one of its account holders to anyone and without any protection or agreement from the account holder. Most businesses would not voluntarily turn over their customer list to anyone who requests with some official-looking papers. If you are asked for payroll records for a current employee, you may have some concern over turning over this type of information.

Indiana Rule of Trial Procedure 34(C) addresses requests for information from non-parties to a lawsuit and sets out certain rules that must be followed. One requirement in almost all situations is that before sending it to the person/business holding the information, the party wanting the information must provide at least 15 days’ notice to the opposing party. The purpose of this waiting period is to give the other party time to object. Therefore, if your employee is a party to a lawsuit and the other side wants your employment file, the employee’s attorney will already have had an opportunity to object to the request. You may consider contacting the attorney who did not issue the request to see if they have already objected to the request.

The rule also sets out certain rights that you have. For example, the request you receive must inform you that you are entitled to security from any damages you may face in providing the requested information. It should also inform you that you may propose different terms for complying (such as you will provide the dates your business serviced a particular location, but not the price you charged). Finally, it should expressly state you have the right to object to the request.

You may refuse to provide the information and request the court cancel or “quash” the request. In order to do so, you would need to file a Motion to Quash with the court and state the reasons you do not wish to provide the information. Many times, the information is provided, but only after a protective order is entered, whereby the parties to the lawsuit agree not to provide it to anyone else and to destroy it after the lawsuit. Remember, you are not directly involved in the lawsuit. You have information that the parties to the lawsuit wish to inspect. Their desire, however, does not necessarily require you to provide anything and everything they request.

If you receive a Non-Party Request for Production and/or a Subpoena Duces Tecum, the best advice is to contact an attorney to discuss any concerns you may have. An attorney will be able to advise you of any risks you may have in responding, what you may be required to provide or allow, if anything, and what other rights you may pursue in responding to the request.

*****
This article was written by Max E. Fiester, an associate with Rudolph, Fine, Porter & Johnson, LLP (www.rfpj.com) in Evansville, Indiana. For additional information, you may contact Max at 812-422-9444 (email: mef@rfpj.com). His practice areas include commercial litigation, intellectual property and insurance defense. This article is intended solely as an information source and its contents should not be used as legal advice. Readers should not act upon the information presented without professional counsel.

Legal Line: Online Presence? See What Congress Has Done For You

11/5/2010

Posted on 11/5/2010 by

On Oct. 29, 1969, an electronic transmission was sent via ARPANET, the government defense project which was the precursor to the modern-day Internet. Most consider this initial computer-to-computer communication the day the Internet was born. The first message sent? The word, “login.” Few, if any, could have predicted the profound impact the Internet would eventually have on our daily lives. This is no less true in the law; and while our legislators and courts have been playing catch-up from day one, certain key pieces of federal legislation have had a profound impact on the creation and evolution of our modern-day Internet. This excerpt will briefly discuss three, which every business with an online presence should consider:

1. The Computer Fraud and Abuse Act (CFAA)

2. Section 230 of the Communications Decency Act (CDA)

3. Section 512, or the “Safe Harbor” provisions, of the Copyright Act

Computer Fraud and Abuse Act (CFAA)

The CFAA creates federal civil and criminal causes of action against those who intentionally access a computer either without authorization or in excess of authorized use. For civil causes of action, unauthorized access must cause a “loss” of at least $5,000. “Loss” includes the costs associated with responding to the unauthorized access, assessing damage, restoring data lost as a result and the loss of revenue. While the fate of many small businesses does not depend on the performance of a Web site, one can imagine how some businesses may quickly encounter $5,000 or more in “losses” from unauthorized use. The cost of consultants, IT specialists and lost profits due to decreased production/sales are all recoverable under this statute; and an organization with a business model heavily reliant on the Internet may want to consider the CFAA’s applicability when responding to unauthorized use/users.

As for the CFAA’s criminal cause of action, courts still grapple with the breadth of the statute, disagreeing on the definition of “unauthorized use.” For example, when a Missouri teen committed suicide after having been bullied by her classmate’s mom via MySpace, prosecutors in California brought charges under the CFAA. They alleged the mother’s actions constituted unauthorized use because they violated MySpace’s terms of service. While the mother did create an entirely fictitious persona via MySpace, the California court declined to find she violated the CFAA, primarily because it believed defining “unauthorized use” to include fibbing about one’s self on a social networking site would make nearly all social networking site users technical violators. Still, the statute remains in effect and has been used where one’s use constitutes a less common or more egregious deviation. Indiana has a CFAA counterpart[1] that defines as a Class A misdemeanor the knowing or intentional access of any part of a computer system or network without consent of its owner. Thus, where a business’ site is plagued by an unauthorized user, a call to the local, state or federal prosecutor’s office may likewise aid in protecting against future infringements to online security and/or productivity of your business.

Section 230 of the Communications Decency Act (CDA)

Section 230 of the CDA places Web site hosts outside the definition of “publisher” for purposes of defamation law. To maintain an action for libel (written defamation), one must show that the defamatory statement was published to at least one other party. The law, therefore, makes it impossible to prove defamation. At times, this immunity has created what many believe to be unjust results. Yet, it has been vital in encouraging and supporting the free flow of user-generated content over the Internet as Web site providers have incredibly limited exposure for the content of their user’s statements. This was no less evident than in a case decided by our own 7th U.S. Circuit Court of Appeals. A community activist group sued Craigslist when its users requested roommates based on illegal criteria under the Fair Housing Act (e.g., race, gender, etc.). The court revealed the power of Section 230, holding Craigslist was a mere messenger, and only the individual posters could be liable. For businesses with Web sites that allow users to post their own content, this law – in most instances – provides absolute immunity for defamatory statements made by such users. Accordingly, organizations need not worry whether their Web sites’ users’ libelous posts will engender liability for them.

The “Safe Harbor Provision” Section 512 of the Copyright Act

Finally, Section 512 of the Copyright Act, commonly referred to as the “Safe Harbor” provision, provides immunity for certain types of copyright infringement for Web sites that comply with the requirements of the Act. Qualification for protection requires, among other things, that a business adopt, implement and communicate a policy for terminating infringement on its Web site. This means employing what is referred to as a “notice and takedown” procedure whereby the site provides its users an avenue to notify the business when allegedly infringing material has been posted. Nowhere on the Internet is this law more prevalent than on YouTube. In fact, YouTube has gone above and beyond the typical eligibility requirements; often erring on the side of exclusion. This response is not unique, however, and many Internet lawyers/lobbyists believe a new balance must be struck between the copyright holder’s legitimate property interest and the societal benefits embodied by the free flow of information. Nevertheless, if your business permits the posting of user-generated material, it would behoove you to consider whether implementing the practices and procedures of Section 512 would be advisable to avoid exposure for copyright infringement.

The Internet is still an exceptional and rapidly changing place. These qualities make curtailing harmful uses/users even more difficult. Its ease of use, coupled with the fact there is no centralized control makes the task of creating legal constraints calculated to prevent misuse without hindering further development incredibly difficult. Given the foregoing, it looks as if Congress has done an admirable job, but it is up to you to make sure your sites are carefully managed, organized and monitored to avail your business the protections afforded by the statutes discussed above.

This article was written by Kyle R. Rudolph, an associate with Rudolph, Fine, Porter & Johnson, LLP (www.rfpj.com) in Evansville, Indiana. For additional information, you may contact Kyle at 812-422-9444 (email: krr@rfpj.com). His practice areas include environmental law, products liability and insurance defense. This article is intended solely as an information source and its contents should not be used as legal advice. Readers should not act upon the information presented without professional counsel.

Door to Door Magazine Group Targets Tri-State Consumers

10/26/2010

Posted on 10/26/2010 by

The Tri-State BBB is receiving inquiries regarding a company called Top Sales, who supposedly sells magazines to be delivered to soldiers overseas.

Per the BBB’s Reliability Report for this company, complainants primarily allege that magazines are not received after payment is made. In some cases, complainants indicate that they called the company to cancel their order but never received a response from the business.

A local consumer reports that they were charged $49, before shipping and handling, for magazines never received.

The Huntsville BBB reports that this Alabama company has resolved some matters after a long delay, by delivering magazines, and in a few cases, a refund was provided.

Top Sales is not a BBB Accredited Business and currently holds an F rating on the BBB’s scale of A+ to F. To view the full report, go to http://www.bbb.org/northern-alabama/business-reviews/magazine-sales/top-sales-in-madison-al-900046027.

Reasons for the “F” rating include the short length of time the business has been operating and its overall complaint history with the BBB. BBB records show Top Sales started business in May 2008, and since that time the Bureau has received 208 complaints filed against the business. Of the complaint total, 117 complaints were deemed to be serious and 10 remain unresolved. The BBB’s standard reporting period for complaints is 3 years.

The Federal Trade Commission rule states that on door-to-door sales of $25 or more, consumers have the right to cancel the transaction up until midnight of the third business day after the date of sale. The rule applies to any sales agreement made away from seller’s normal place of business, such as at a private residence, hotel, or restaurant.

Additionally, the rule states that sellers must tell you of your rights to cancel, give you a contract or receipt, and provide two copies of your notice of cancellation. The contract should be dated and clearly show the name and address of the seller.

If you cancel, the seller must also provide your money within ten business days and return to you any documents you have signed.

If you have additional questions on a door to door magazine transaction or need to file a complaint with your BBB, please visit www.evansville.bbb.org or call 812-473-0202.

BBB Warns Against Online Ads for Acai Diet Pills and Work from Home Jobs

10/12/2010

Posted on 10/12/2010 by

BBB continues to receive flood of complaints over deceptively expensive “free” trials

October 11, 2010 – Arlington, VA - The Better Business Bureau is warning consumers to be wary of free trial offers online for diet pills, work at home jobs and teeth whiteners among other products and services. In this year alone, BBB has received thousands of complaints from consumers across the country who thought they were getting a free trial, but ended up losing often hundreds of dollars in recurring credit or debit card charges.

Ubiquitous deceptive online ads for “free trials” of various products and services can be found on popular sites like MSN.com, ESPN.com, and Weather.com. Often the ads link to websites of phony news outlets which, according to the Sydney Morning Herald, commonly feature the photo of a well-known French journalist—without her permission—under various names.

“Fighting deceptive free trial offers online continues to be a game of whack-a-mole,” said Stephen A. Cox, President and CEO of the Council of Better Business Bureaus. “Just as soon as one company is put out of business it’s replaced by another with the same model of ripping consumers off under the guise of a no-risk free trial offer.”

One company behind these not-so-free trials is XM Brands which has an F rating with BBB. According to the nearly 2,000 complaints to the West Palm Beach BBB, the company sells roughly 40 teeth whiteners, acai diet pills and colon cleansers online. Complainants say they agreed to pay anywhere from $1.49 to $3.87 to cover shipping for the product trial but were charged as much as $87 a month, sometimes before they even received their trial in the mail. Complainants report getting the runaround from the company when they request refunds or ask to stop being billed; one consumer claims to have lost more than $860 as a result of recurring charges.

In just four months, Internet Cash Machines racked up more than 460 complaints from people who were interested in working from home, and has received an F grade from the Los Angeles-area BBB. Consumers say that they signed up for a free trial package of information costing $2.95 but were promptly charged as much as $149. Complainants also say they are unable to cancel by phone or email and have no way to prevent the typically $139-149 fee from being deducted from their account.

“Before signing up for any free trial offer, read the fine print carefully and always check the company out with the Better Business Bureau. You’ll save time and money by avoiding the hassle and recurring charges of some unscrupulous offers,” added Cox.

Additional advice on signing up for free trial offers is available at here. Consumers who believe they have been misled by a free trial offer can file a complaint online with the BBB at www.evansville.bbb.org.

:egal Line: Help! My Landlord is in Foreclosure!

10/1/2010

Posted on 10/1/2010 by

The recent mortgage industry crisis has resulted in millions of foreclosed homes. While the homeowners inevitably suffer as a result, so do many tenants who are renting these homes. Prior to May 20, 2009, most tenants would lose their leases upon foreclosure and would be stuck scrambling to find other housing. On May 20, 2009, however, President Barack Obama signed the Helping Families Save Their Homes Act of 2009, which includes the Protecting Tenants at Foreclosure Act (“Act”), legislation aimed at protecting the interests of bona fide tenants living in homes subject to foreclosure. The Act applies to any foreclosure on a federally-related mortgage loan or on any dwelling or any residential property. Thus, if you are a bona fide tenant leasing a residence, you will have certain rights under the Act.

A lease or tenancy is “bona fide” if:

1. The mortgagor or the child, spouse or parent of the mortgagor is not the tenant

2. The lease or tenancy was the result of an arms-length transaction

3. The lease or tenancy requires receipt of rent that is not substantially less than fair market rent for the property or the unit’s rent is reduced or subsidized due to a federal, state or local subsidy

Once a tenant receives a notice of foreclosure with respect to the property they are renting, they should be aware of their rights under the Act. The successor in interest to the property pursuant to the foreclosure (i.e. the new owner) must honor an existing lease on the property. The Act allows a tenant to remain in the house until the expiration of the lease term. The only exception to this is if the successor in interest plans to occupy the house as a primary residence or plans to sell the house to a purchaser who intends to occupy the property as a primary residence. In such event, the new owner must provide the tenant with at least 90 days notice to vacate the property. Tenants should be aware, however, that they must continue to abide by the lease terms or risk being evicted for breaching the lease.

If the lease has expired, or will expire in less than 90 days once the new owner takes title to the property, the new owner must still give 90 days notice to vacate to the tenant. Thus, in this situation, the tenant is permitted to stay on the property past the expiration of the lease, perhaps giving the tenant more time to look for other housing.

If there is no lease in place, and the tenant is a month-to-month tenant, the new owner is still required to provide 90 days notice to the tenant to vacate the property. This actually benefits the month-to-month tenant, because under normal circumstances a month-to-month tenancy can be terminated with only 30 days notice.

Upon receiving a notice of foreclosure, tenants may also wonder to whom they should make their rent payments. The tenant should immediately contact the responsible party (i.e., the person who sent the foreclosure notice to the tenant) to ensure their rent payments are made to the proper person. Tenants must continue to pay their rent and abide by all other lease terms.

Thus, tenants should know that a notice of foreclosure is not an eviction notice. In fact, the new legislation, which expires at the end of 2014, gives bona fide tenants who receive a notice of foreclosure perhaps more time than before to find alternate housing.

This article was written by Kelly J. Jackson, an attorney with Rudolph, Fine, Porter & Johnson, LLP in Evansville, Indiana. For additional information, you may contact Kelly at (812) 422-9444 (e-mail: kjj@rfpj.com). Her practice areas include corporate and business law, health care law, real estate law and title insurance.

BBB Announces 2010 Torch Award Recipients

9/23/2010

Posted on 9/23/2010 by

The Tri-State Better Business Bureau presented its annual Business of Integrity Torch Awards to four local businesses on Thursday, September 16, 2010. The Torch Awards luncheon, held at Evansville’s Casino Aztar, featured keynote speaker Indiana Attorney General Greg Zoeller.

In his remarks, Mr. Zoeller spoke of the Indiana Attorney General’s common goals with the BBB in promoting marketplace ethics. He also discussed working together in promoting these goals and stated his office would be working more closely in coming years with the BBB.

Annually, the BBB accepts applications from Accredited Businesses within its 18 county service area for the awards. Applications address the BBB Standards for Trust which include a commitment to build trust, be transparent, and honor promises. The competition is judged by an independent panel of local business professionals and university professors.

Due to outstanding submissions this year, the BBB also added the presentation of “Runners Up” for each category.

Category 1

Torch Award Recipient: SoHo Integration, LLC
Runner Up: Davis Digital Photography

Category 2

Torch Award Recipient: Information Technology Architects, Inc.
Runner Up: The Pie Pan Restaurant

Category 3

Torch Award Recipient: WOW! Internet, Cable and Phone
Runner Up: Heritage Federal Credit Union

Category 4

Torch Award Recipient: The Women’s Hospital
Runner Up: Atlas Van Lines

Student of Integrity Scholarships were also presented at the luncheon to students who submitted ethics-based essays into competition. Local university professors selected the following students to receive scholarships: Robert Wilson, North Daviess High School; Ellyce Loveless, Signature School; and Rachel Massey, Reitz Memorial High School.

Each student will receive a $1000 scholarship payable to the school of his or her choice.

To learn more about the BBB’s annual Torch Awards visit www.evansville.bbb.org/torchawards or call 473-0202.

BBB to Announce Business of Integrity Torch Award Recipients at Annual Luncheon

9/8/2010

Posted on 9/8/2010 by

The Tri-State Better Business Bureau will announce recipients of 2010 Business of Integrity Torch Awards at a luncheon on, Thursday, September 16, 2010. Student of Integrity Scholarship recipients will also be honored.

The luncheon, beginning at 11:30 a.m., will be held at Casino Aztar, in Evansville, and will feature keynote speaker, Indiana Attorney General, Greg Zoeller.

The BBB accepts applications annually from accredited businesses within its 18 county service area, speaking to a company’s commitment to build trust, be transparent, honor promises and other ethics-based criteria provided by the BBB. Up to four Torch Awards will be presented, based on judges’ review for the four company categories. (Categories based on the number of employees).

Student of Integrity Scholarship winners, who submitted ethics-based essays into competition, will also be honored at this event. Recipients are as follows: Robert Wilson, North Daviess High School, Ellyce Loveless, Signature School and Rachel Massey, Reitz Memorial High School.

Students with winning essays will receive a $1000 scholarship payable to the school of their choice.

The Torch Award judging panel and student essay review panel are comprised of local business professionals and university professors, who volunteer their time and expertise for the event.

Space is limited, but those interested in attending the Torch Awards may call the BBB prior to Sept. 9th for seating availability. Lunch is included with the RSVP ticket price of $25.

Winning applications, videos on recipients and company representatives will be on hand.

Additional information regarding the Business of Integrity Torch Awards or Student of Integrity Scholarships may be obtained by calling the Tri-State Better Business Bureau at 812-473-0202 or (800) 359-0979.

The Grandparent "Scam" Returns

9/8/2010

Posted on 9/8/2010 by

"Grandparents are being targeted nationwide by con artists posing as grandchildren," said Tom Bozikis, Vice President of Bureau Operations of the Tri-State Better Business Bureau. Grandparents are receiving calls from alleged grandchildren claiming that they've been involved in an accident or a minor legal problem. "Make sure you're dealing with your grandchild," said Bozikis. "these con artists are very good at getting unsuspecting grandparents to wire money to help their grandchild," he said.

According to Indiana Attorney General Greg Zoeller, there was an instance of this happening to an Indianapolis couple. They "lost most of their life savings to a man posing as their grandson who claimed to be in a car accident in Canada and needed to pay for damages and medical bills. The couple, concerned about their grandson, didn’t hesitate to help by wiring $6,000 to Canada. After several weeks, the couple realized that they had been victimized by an imposter.”

To avoid becoming a victim of the "grandparent scam":

1. Remain calm,

2. Make the caller prove he or she is your grandchild by asking questions only your grandchild could answer correctly, and if the caller isn't your grandchild, you'll hear the sound of the receiver clicking and a subsequent dial tone.

If you have received such a call or you've been victimized, call your BBB at (812) 473-0202 or (800) 359-0979. To file a complaint, call the Attorney General's office at (800) 382-5516, or visit them online at www.indianaconsumer.com.

Does the Knock on the Door Cause You Concern? BBB Consumers Raise Questions on Door to Door Alarm Sales

8/23/2010

Posted on 8/23/2010 by

Recently, several consumers have called the BBB concerned about door to door alarm sales. “How do we know this company is legit?”, “Should we have safety concerns?”, and “How do we know this person truly represents the company?” are a few of the questions consumers pose to the BBB.

The BBB always wants consumers to think “safety first” and is more than happy to provide information and tips to insure the purchase you consider is one you are satisfied with.

The Person at the Door….

One should always exercise caution with any unknown sales persons knocking at the door. Some companies have now tried to boost consumer confidence by providing name badges, picture i.d., and other company information to help ease consumers minds. Consumers should carefully review this information, but should always remember to trust their gut and if the situation feels strange, pressured or uncomfortable, don’t feel obligated to open the door or even continue the conversation. A reputable company should have no problem with consumers asking for businesses contact information, a brochure or time to review a Reliability Report from the BBB.

The Systems they sell….

When considering security systems it is important to remember that there are no completely “burglar proof” products available. No national standards specify required levels of performance, and the best protective device may not compensate for a lack of basic common sense. Alarm companies do, however, provide some companies and consumers benefits worth consideration, so if you decide to purchase an alarm system, check with the Better Business Bureau for a free reliability report on the company you are considering, ask friends and neighbors for references, and always comparison shop.

Additional BBB Tips:

1) If you were offered a “free” alarm system, make sure this offer is in writing and be sure to inquire about installation costs, monthly monitoring or other fees that might apply.

2) Check out the company that will be monitoring your system and ask if it is the same company you are signing a contract with. If not, make sure you obtain the name, address and phone number of this company.

3) Some alarm companies may use FBI crime statistics to persuade the purchase of security systems. To insure this information is accurate, check with your local police department or visit the FBI’s website at www.fbi.gov/ucr/ucr.htm.

4) Obtain a free Reliability Report from the BBB to learn more about the company, its complaint history, rating and accreditation status. Reports can be found at www.evansville.bbb.org. (You may also call the BBB to retain a report or seek objective advice at (812) 473-0202.

5) Comparison shop. Consider advantages and disadvantages of each system and company, deciding which will best suit your particular need. Know how each system and alarm service works and also compare all costs and fees to understand your total investment.

Questions that may help you:

1) Does the company have a security patrol car that will check out the alarm?

2) Who is called first, the consumer or police and how soon after the alarm sounds will you/ the police be notified?

3) What happens if the alarm company is unable to reach you when the alarm is sounding? Is the alarm reset? Are the police called? Are alternate numbers called?

4) Ask for procedures in writing, so you are aware of the steps and can anticipate how you can best handle the situation.

5) Find out about local building codes and other regulations that might apply to your home or business before having alarms installed and also ask about any fees that might arise from outside sources. (Will I be charged for false alarms?)

6) Don't be pressured into buying something you don't want or need. A reputable company will give you time to check out their offer and do your comparison shopping.

7) Review your contract carefully and insure it includes all promises made by the sales person before you sign.

8) Confirm information such as:

a) Installation price

b) Monthly price

c) Length of the contract (some contracts are for multiple years)

d) All free or discount offers have been added

e) What will happen with the contract if you move

f) Cancellation time frame to cancel the contract. The Federal Trade Commission requires that at least three days be provided (www.ftc.gov,three day cooling off rule)

9) After your purchase, make sure you check the system routinely to be sure it is in working order.

10) If you are having problems with your alarm, make sure you document dates, times, who you talked with, who came out and what was fixed.

Your Utility Company and You

7/16/2010

Posted on 7/16/2010 by

Complaints against utility companies are not uncommon. Consumers may have a billing dispute or service issue and they often choose to come to their local BBB for assistance. We at the Tri-State Better Business Bureau are happy to help customers and businesses resolve disputes. But we also recommend consumers do their homework so they are knowledgeable about their agreements and prepared for any problems that might arise.

Here are some tips from your BBB and from our area utility agencies:

Carefully read any material the supplier provides. Suppliers often send updated billing and service information via mail. Stay on top of any important topics by reading all communication carefully. This often includes tips for saving money, so be sure to open that mail!
Know the terms of your service agreement, including under what circumstances charges will fluctuate, if you are eligible for any discounts, and how to discontinue service. Be sure to obtain a copy of the agreement, if applicable..
Find out under what circumstances penalties may be charged.
Inquire about billing options. How many bills will you receive? When will they arrive? When will the payment be due? Are there late payment fees? Is there a budget plan that you may be eligible for?
If you are having financial difficulties, contact the company right away to discuss payment options. Don’t wait until your payment is late to find out what opportunities might be available to you.
Know your rights if there is a power outage or service disruption. Is the company required to give you a refund or credit? If so, are you required to report the outage?

If you believe there is an issue with your rates or service, would like to find out more about statutes and rules, or are interested in filing a complaint, consider contacting the following agencies:

· Indiana Utility Regulatory Commission (317-232-2712)

· Kentucky Public Service Commission (1-800-772-4636)

· Illinois Citizens Utility Board (1-800-851-4286)

· U.S. Energy Information Administration (202-586-8800)

Will I Really Get a Puppy?

7/16/2010

Posted on 7/16/2010 by

The Tri-State Better Business Bureau is warning the public of less than reputable breeders and invalid offers for puppies.

One such offer, in a local publication, offered a Yorkie puppy free to a loving home. Once contacted, the “owner” asked for shipping charges to be wired to transfer the puppy from out of the country. Concerns with the offer resulted in calls to the BBB.

The spring season often brings an increased number of pet advertisements. The offers of which consumers should be wary are primarily on the internet with photos of puppies which may not represent an actual animal for sale.

Tom Bozikis, Vice President of the BBB says “Consumers need to check out these offers thoroughly with regional breeders clubs, and the Better Business Bureau. We always advise caution too, when offers involve the wiring of funds.

Bozikis also states, “Many people wire hundreds of dollars overseas to buy the puppies and receive a puppy that is deformed, ill, or they receive no puppy at all!”

The following information appears from www.yorkie.org/puppies.html.

“Yorkies have become one of the most popular breeds according to the AKC registry with the number of litters and puppies being registered. This is having a negative impact on the breed because of the poor quality of puppies being offered for sale from questionable sources such as brokers, puppy mills, and those importing very young puppies from South America puppy mills. Some of these puppy brokers sell Yorkie puppies without even the knowledge of the conditions from where they came, then claim innocence because of ignorance, trying to remain respectable in the public eye.”

Yorkies aren’t the only breed affected. To find reliable breeders in our area, you may contact

Jackie Downing with the Kennel Club in Evansville at (812) 426-2583.

The BBB also offers the following advice:

Do your research. Ask if the breeder is a member of an AKC-affiliated club and contact that club to verify membership or check recent listings of available AKC Litters from breeders at: www.akc.org/classified/index.cfm. You can also check with the BBB (www.bbb.org) and the AKC (919-233-9767) to see if there are any complaints about the breeder. Request references and speak to other people who have purchased dogs from this breeder—especially if the breeder does not live near you.
Beware of breeders who seem overly concerned with getting paid. Any reputable breeder will be far more concerned with the appropriateness of the potential pet home than what and when they are getting paid. Make sure you have clear expectations – ideally in writing – of how and when the pup will be paid for. Be especially wary of any breeder who insists that you wire money and who calls to ask for more money to be wired to cover last minute shipping fees.
Don’t be fooled by a slick web site. Unscrupulous breeders and even outright scams can be represented by professional-looking web sites that lure you in with fraudulent pictures of adorable puppies. At the very least speak with the breeder on the telephone and ideally meet the breeder, the puppy and the dam in person. If you locate a breeder online, never send money without checking their references and credentials first. The AKC recommends that you first contact the national organization for the breed (Parent Club). It is essential to visit the breeder at their home to see the entire litter and the care and conditions given to the puppies prior to purchasing.
Take your time. Beware of breeders who claim to have multiple breeds ready to ship immediately. It’s highly unlikely that your perfect puppy will be available for shipping on the very day you call. Gestation and socialization of a litter takes months -- no puppy should be separated from the dam before 8 weeks of age.

Officer Down Foundation Soliciting Tri-State Residents

7/16/2010

Posted on 7/16/2010 by

July 16, 2010, Evansville, IN - The Tri-State Better Business Bureau is receiving calls from prospective donors regarding Officer Down Foundation. There are four BBBs with reports regarding this organization (Winston-Salem, NC, Peoria, IL, Indianapolis, IN, and Nashville, TN).

Tom Bozikis, Vice President of Bureau Operations, said that if the organization is using a professional fund-raising company, then the fund-raiser needs to be registered with the attorneys general's offices in which they raise funds.

"Prospective donors can ask the telemarketer the name of the company for which they work and they call their attorney general's office to insure they are registered," Bozikis said.

The BBB offers the following general information regarding these types of appeals:

Police & Firefighters Organizations

In reviewing appeals from police & firefighter organizations, potential donors should be aware of the following points. In addition, donors should consider the nature of the organization's programs as they can vary quite widely from one group to the next.

1. The police or firefighter organization may not be a charity. There are many different types of police & firefighter organizations. Some are tax exempt as charities. Others may be tax exempt as labor organizations, fraternal groups, benevolent associations or something else. As a result, your gift may not be deductible as a charitable gift.

2. Local officers may not be involved. Don't make assumptions based on the name alone. The words "police" and "firefighter" in the organization's name does not necessarily mean that local members of the force or any officers for that matter, are involved in any way.

3. Don't believe promises of special treatment. Don't believe promises that donations will result in special treatment by police or firefighters. If such suggestions or threats are used, contact your state's attorney general and the BBB. Also, if you believe that a police group sticker in your car window will help if you are stopped for a traffic ticket, think again.

4. Don't hesitate to ask for written materials. Don't hesitate to ask the organization for written information on its programs and finances.

5. How much of your gift will be spent on fund raising ? In some cases, fund raising expenses for police and firefighter organizations can be as high as 80% or more of the funds collected. Find out how much goes to the group.

6. If asked to buy tickets to send needy kids to an entertainment event, ask how the children are chosen, how many will attend, how the tickets will be distributed and if transportation has been arranged for the children.

7. If your business is asked to buy advertising space in a police or firefighter journal, ask how many copies of the publication will be distributed, who will receive them, if there is a cover price, the estimated publication date, and ask to see a copy of the draft and published version of the ad.