TMI: California Zip Codes a No-No at the Check-out

February 16th, 2011. By AbiK

Can I have your zip code?

Can I have your phone number?

Can I see your card for the secure code?

It’s the barrage of questions you get at whatever check-out you happen to be at when you’re paying by credit card—or even debit card. You’re never quite sure if it’s really as a “protection” for you, the consumer, against possible credit card fraud, or whether it’s just some ploy to grab more data about you, the potential repeat purchaser whose personal info will help “Marketing” map out its next advertising plan (“Let’s do a mailer!”) and sales forecast.

While we all appreciate some safeguards against credit card theft, some retailers use such info either for their own marketing purposes, or to sell the info to third party marketers or businesses who then use it themselves. What do you get out of it? A catalog in the mail. A discount coupon from a company you’ve never done business with. That sort of thing. The end of the world? No. But it does beg the question of why someone is soliciting you without your approval to do so. And why should they be tracking where you shop and where you live? Isn’t that a privacy issue?

It’s certainly a Song-Beverly Act issue.

You could just wear the above t-shirt from zazzle.com every time you shop—but if you live in California, it’s your lucky day as cnn.com reports that the California State Supreme Court has unanimously voted that retailers do not have the right to ask for cardholders’ zip codes—it violates their right to protect their personal information; and asking for a zip code can now lead to a fine.

So from now on—and it only applies to retailers in CA—Californians shouldn’t be asked for their zip code numbers when buying something with a credit card. What’s interesting though, is it isn’t really just the practice of the retailer seeing (or hearing) your personal information. At issue is the fact that they record that information—that is, they punch it into the register keypad.

So, for security purposes, a cashier could just as easily ask to see a driver’s license or other form of identification, and of course, he or she would see exactly where you live (and perhaps your height and eye color, too). But, should that cashier go to punch in any of that information…uh-uh-uh…then they’re stepping over the line. Recording the information clearly shows intent to not only verify you as the cardholder, but to also then use that info for some other future purpose.

Making a purchase online or want that in-store purchase delivered? That’s still not a problem and not impacted by this latest ruling. If you really don’t want a retailer to have a record of where you live, take whatever you bought home yourself, and heck, pay cash. And certainly don’t shop online where everything from your IP address to your credit card info and email (“we’ll send you an email confirmation”) are recorded, and used.

This ruling by the CA Supreme Court overrules an earlier Court of Appeals decision, and, as the cnn.com article states, stems back to a 1971 state law “that prohibits businesses from asking credit cardholders for “personal identification information” that could be used to track them down.”

Could Wipes have Killed an Innocent Child?

February 16th, 2011. By LucyC

On December 1st, 2010, two-year old Harrison Kothari died from a rare infection while in the hospital recovering from surgery. As if this weren’t bad enough, the kicker is the very real possibility that the infection, acute bacterial meningitis caused by Bacillus cereus, and his subsequent death could have been prevented. So Harrison’s parents are suing the makers of Triad Alcohol Prep Pads, which the hospital used on their son in late 2010, but which were subsequently recalled on January 5^th 2011 due to contamination with Bacillus cereus.

While hospitals are infamous incubators of a host of bacterial illnesses, acute bacterial meningitis is not one of them. Rather, Bacillus cereus is typically found in rare food poisoning outbreaks. Hospital officials were at a loss to explain how Harrison had contracted the infection. “They had no explanation as to how he contracted it,” Sandra Kothari, 37, Harrison’s mother told msnbc.com. “They know it’s rare in the hospital.”

Then, in January, a relative caught sight of the recall notice for the alcohol wipes and swabs on the US Food and Drug Administration (FDA) website, which reads:  

“Triad Group, a manufacturer of over-the-counter products and FDA notified healthcare professionals and patients of the recall involving all lots of alcohol prep pads, alcohol swabs, and alcohol swabsticks manufactured by Triad but sold as private labels at the consumer level. This recall has been initiated due to concerns about potential contamination of the products with Bacillus cereus. This recall involves those products marked as STERILE as well as non-sterile products. Use of contaminated alcohol prep pads, alcohol swabs, and alcohol swabsticks could lead to life-threatening infections, especially in at-risk populations, including immune suppressed and surgical patients.” 

 “These wipes were used in his [Harrison’s] care every single day, multiple times a day,” Harrison’s father, 38-year old Shanoop Kothari, told msnbc.com. And officials at the hospital have confirmed that those alcohol prep products were supplied by Triad.

 “We’re confident that that’s the cause,” said Kothari. “There was no other explanation that made any sort of sense. He contracted a very rare bacteria. These swatches were tainted with that bacteria.”

This week lawyers representing the Kotharis filed a complaint in U.S. District Court in Houston, charging the Triad Group with gross negligence and seeking damages for the loss of Harrison’s life.

“Our emotional response over this has been horrible,” said Shanoop Kothari said of his family, which also includes Harrison’s 7-year-old sister, Hannah. “We’ve been devastated. We’ve been absolutely crushed.”

This tragic situation brings to light a larger problem: according to FDA spokesperson, Christopher Kelly, who spoke with msnbc.com about this matter, Triad, a 35-year old family run company, “did everything correctly” in notifying government authorities about the recall. The recalled products are reportedly also sold under private labels in Canada and Europe, as well as the US. So what does this mean for you and me—woe betide us if we do not regularly monitor the FDA website?

Understandably, Sandra Kothari is worried that others may have been injured, infected or killed as a result of exposure to these products. “I wouldn’t want any other mother to go what I’ve gone through,” she told msnbc. And it’s possible. To be clear, these wipes and swabs were widely used in hospitals and, “sold in stores including CVS and Walgreens. “People buy alcohol pads and they last a long time in your bathroom. They’re sitting there now,” she said.

The recall notice states the following:

“The affected Alcohol Prep Pads, Alcohol Swabs and Alcohol Swabsticks can be identified by either “Triad Group,” listed as the manufacturer, or the products are manufactured for a third party and use the names listed below in their packaging: Cardinal Health, PSS Select, VersaPro, Boca/ Ultilet, Moore Medical, Walgreens, CVS, Conzellin. 

A final caveat—in case you’re wondering whether Harrison had received his bacterial meningitis vaccine—the answer is no—he wasn’t quite old enough at the time he underwent surgery. And even if he had had the vaccine, it doesn’t protect against that strain of the bacteria.

Read the Triad alcohol swab recall notice here.

Tip of the Day: Bank Hours Important to Bank Robbery Plan

February 15th, 2011. By LucyC

Sorry, we’re closed – you’ll have to rob someone else. Timing is everything—especially when committing—or trying to commit a robbery. Take the story of this fellow in Cranston, Rhode Island—identity unknown by the way. He reportedly walked into a branch of Citizens Bank inside a grocery store around 7:00 p.m., and slipped a note to the teller. According to Major Robert W. Ryan, of the Cranston police, the note was written on a ripped paper plate and said, “This is a robbery.”

Oh you think so huh? Maybe not. Turned out it was closing time—the teller told him the bank was closing and promptly shut the security door on him. I’m betting she doesn’t get paid overtime…

In any event, the man walked out of the store—without any cash or a new career. The police are looking for him.

Bite me. No, really. This does defy belief. A teenager in Florida who was sporting some rather fetching bite marks, made up a story to explain them to her parents, presumably thinking it would be better than the truth. So—she tells her mother that she had been attacked while jogging. No need to worry…that should keep the parents calm. Not.

Needless to say said youth was whisked away to the local police to tell them her story. According to the South Florida Sun Sentinel, the 15-year old dutifully reported being attacked while jogging. Unfortunately for her, the police were unable to find any evidence of the attack.

Suspecting that perhaps something was amiss, the police questioned the girl again and she eventually confessed to taking part in ‘fantasy biting’ with a 19-year-old man. Oh yes—that’s Read the rest of this entry »

You Really Shouldn’t Call Attorney Jason Melton a ‘Jerk’ – Ever

February 15th, 2011. By BrendaC

Lawyers Giving Back looks at a side of lawyers you don’t hear too much about—the side that gives back…pays it forward..and shares the love. We’ve found quite a number of attorneys who log non-billable hours helping others—simply because they believe it’s the right thing to do. Their stories are inspiring, and hey, who knew lawyers were so…good? If you’ve got a story to share about an attorney who’s doing the right thing, let us know—we’d love to let others know, too. Today, we’re talking with Florida attorney Jason Melton…

Attorney Jason Melton: “Sometimes it’s just the right thing to do.”

 

Attorney Jason Melton

There is a strong streak of decency running through Jason Melton as he talks frankly about his approach to the law. A very serious criminal and personal injury attorney from the Tampa, Florida area, Melton still manages to bring a dash of self-deprecating humor to the conversation about the hours of legal work he does for free.

“We’re not hurting. We can afford to do it, so we do it,” he says. “And we don’t do it so I have something to ‘bitch’ about or when someone says ‘you’re a jerk,’ I can say ‘no I’m not—I see what I do’.”

Whittel & Melton definitely does its share of pro bono work. But they don’t advertise it, they don’t crow about it and they don’t complain about it later after they’ve passed on taking a fee.

“It’s not like I review every case to see if they can pay—sometimes we forgo payment because it is just the right thing to do,” says Melton. “Sometimes there are issues that we feel strongly about and someone comes in with the perfect fact pattern and we want to prove a point because it comes up again and again in other cases.”

Many of the cases that Melton does pro bono are personal injury claims resulting from auto accidents where clients are underinsured. “A few weeks ago, I did a personal injury case and it was just a bad situation for everyone,” says Melton. “My client’s injuries were not life-threatening, but they have medical bills and there wasn’t enough insurance money to go around—so I just didn’t take a fee.”

“When we see a situation like that we just don’t bill,” says Melton. “Sometimes it is just the right thing to do.”

Melton is the former president of the Florida State Bar Association and in the past has done an “Ask a Lawyer” radio program. He’s very aware that people hold negative views of lawyers and are likely unaware that many other lawyers also do good things for no particular reason.

“My clients love me,” says Melton. “But unless someone has been injured in an accident they often think lawyers just take a cut of someone’s insurance payout. They don’t realize what it takes to deal with insurance companies.”

Melton’s working in a tough neighborhood these days. There’s no shortage of potential pro bono clients in Hernando County. The official unemployment rate is about 15.6 percent—that’s the highest since 1976 and the second highest in the state. There is also a large population of senior citizens who don’t have money to pay a lawyer.

Although the state bar association requires lawyers to report the number of pro bono hours they do annually, Melton says frankly—he usually improvises. “I usually just come up with a figure that is probably lower than what it really is. There’s no way to even guess” says Melton.

Melton’s quirky sense of humour comes with his services—no charge.

Jason Melton is an a partner in the firm of Whittel & Melton. The firm handles criminal and personal injury law, including wrongful death, DUI, traffic offenses and juvenile crimes. Whittel & Melton has a main office in Spring Hill, Florida.

Rally Against Las Vegas HOA Bully Boards Will Only Grow

February 14th, 2011. By AbiK

Thinking of Martha Stewart Gustavian Blue for your home’s exterior reno? Think again. Like that stamped cement driveway you saw on your trip to the northeast? Forget it. Husband travelling and you’re left to ensure the trash cans are tucked out of sight—pronto!—after the garbage truck sweeps by? Get moving. And don’t let me see those kids using sidewalk chalk out front!

Such is the life, apparently, of many a homeowner living within the confines, constraints and—some would say—convoluted constructs of an HOA, or homeowners’ association.

Used to be some odd symbol of “belonging”—or for some, status—to be a part of an HOA (no trailer trash here!) neighborhood. What with all the cookie cutter neatness, lack of individuality and security gates, it’s the facade of a picture perfect community. And a mere facade it’s seemingly become for some folks in Nevada—with a rather ugly behind-the-scenes picture.

An article in the Las Vegas Review-Journal shares what basically boils down to a case of schoolyard bullying—only the playground is now the development, and the bullies are the HOA boards. Those who feel they’ve been bullied (e.g., one homeowner was unjustly fined for the transgression of erecting a fence for which the HOA had previously approved the plans) have now joined voices, if not forces, to rally last Monday against HOA “bully boards”. They’re mad as hell and they want the folks in Carson City to do something about it.

According to the Review-Journal, the rallying homeowners are looking for legislators to, “introduce laws that would cap the amount of HOA fines and collection agency fees, eliminate “kangaroo courts” run by homeowners association boards and limit the mandatory arbitration requirement.”

At issue is Nevada Revised Statute 116—the state law that governs HOA boards. Rally organizer, Jonathan Friedrich, says in the Review-Journal article that 85 percent of decisions in mandatory arbitration go against the homeowner—which obviously brings into question exactly how these decisions are being made.

Friedrich has gone as far as to set up a grassroots website, www.hoa1234.com, to get the word out on the lack of transparency—and honesty—he and his rally mates see in how HOA boards apply rules and penalties. And it goes beyond just current Nevada homeowners—Friedrich and others are quick to point out that HOA bully boards do not exactly serve as an advertisement for prospective home buyers to want to lay down roots in Nevada. Friedrich even notes in the Review-Journal, “It’s interesting that on the MLS (Multiple Listing Service), Realtors are advertising, ‘No HOA.’ What does that tell you?”

We’ll continue to keep an eye on this story as Nevada may just turn out to be ground zero for upcoming HOA-related litigation, and hopefully, change for the better.