Deceptive and Unfair Trade Practices - You Have Rights!

The Caller complained that a "salesman showed up at her door, and he and his partner would not leave."  I would have said, feel free to call the police.

The Caller said, "They took my vacuum cleaner and left me with this water thing." She felt overwhelmed by the people who were in her home.

 

The next day, she wrote a letter to tell them to come get the vacuum, and return hers, but when they showed up two days later with the financing contracts, again, she felt too much pressure. After all, she was alone with 3 people in her home she did not know. Again, I would have encouraged her to call the police.

 

But, What To Do NOW?

 

Call the Florida Attorney General at 850-414-3300.

 

Or visit her website at: http://myfloridalegal.com/contact

There are links to Frequently Asked Questions, such as my favorite, I need an attorney. Can the Attorney General’s office represent me?  and others:

1. I have a complaint against a private business. Where can I go for assistance?
   
2. Does the Attorney General’s Office provide any services o benefits to victims of violent crimes that have resulted in financial hardship?
   
3. What other services are available for crime victims?
   
4. Does the Attorney General help the public with questions on open government?
   
5. I believe that someone is using my name to run up charges on my credit.  What can I do?
   
6. I have a complaint with another state agency. Can the Attorney General act on my behalf or take action against it?
   
7. Who can help me with questions about child support?
   
8. I am having trouble with my insurance company. Can the Attorney General take action?
   
9. I believe that my local public officials are breaking the law or engaging in unethical behavior. What should I do?
   
10. I am constantly receiving telephone calls at night, on weekends, during the dinner hour, from people trying to sell me something. Is there any way I can prevent these calls?
    
11. I know of a state law that needs to be changed. Who can I contact?
    
12. Where can I find copies of state and federal laws?
    
13. What training does the Attorney General’s Office offer to lawenforcement, victims, and the general public?
    
14. I am part of a local Crime Stopper organization. How can my group apply for a grant from the Crime Stopper Trust Fund?
    
15. Who can help me with a problem concerning my utility?
    
16. I have a complaint against my local law enforcement department. Who can help me?
    
17. I feel that I am being discriminated against because of age,race, gender, or disability. Can the Attorney General help me?
    
18. I do not know all of the details on the products that I buy. How do I protect myself from consumer fraud?
    
19. My landlord is not doing what he is supposed to do according to our lease.  Who can help me?
    
20. My neighbor recently moved to Florida from out of state and the mover would not unload the truck until my neighbor paid him more than agreed upon. I just moved here from within Florida and the same thing happened to me, plus several items were damaged. How can we recover our money?

If these are not your questions, go here to explore other areas:

http://myfloridalegal.com/pages.nsf/4492D797DC0BD92F85256CB80055FB97/20AFA53C4EC9E3EA85256CCB00522BE1?OpenDocument

There are links to information about Identity Theft: http://myfloridalegal.com/identitytheft

 

Other places on the site allow direct contact with the office of Consumer Protection: http://myfloridalegal.com/pages.nsf/Main/18A7753257FE439085256CC9004EC4F7

 

Here is the page to file a complaint: http://www.myfloridalegal.com/Contact.nsf/Contact?OpenForm&Section=Consumer_Protection_Division

 

Note:

1. All information submitted with this complaint is subject to public inspection pursuant to Chapter 119, Florida Statutes.
2. Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 837.06, Florida Statutes.

 

Do not let the warning bother you. If you have been harmed by the actions of a Door to Door Salesman or telephone solicitation, please, protect yourself and others by filing a complaint.

 

An easy link to Citizen Services allows several contacts and valuable information for protecting yourself and your loved ones. http://myfloridalegal.com/pages.nsf/Main/27BC1ED4C58ABD878525792200477D3F

 

There is even a Medicaid Fraud Unit - just in case your healthcare provider is performing too many services you don't need or billing the state for services you did not receive. http://myfloridalegal.com/pages.nsf/Main/ebc480598bbf32d885256cc6005b54d1

 

You can get involved too.
Consumer-conscious senior citizens in Florida have the opportunity to volunteer their time and energy to help the Attorney General's Office fight back against con artists who typically prey on their number. They can become part of a statewide program known as "Seniors vs. Crime."
Formed in 1989 by the Attorney General, Vern Thornton and the American Association of Retired Persons, the program uses retired citizens not only to educate Floridians on consumer fraud but also to help in some consumer investigations. In addition, the volunteers regularly conduct seminars on how seniors can protect themselves from becoming crime victims.
For program information, consumer inquiries, consumer complaints, or to schedule a Consumer Seminar, please call 1-800-203-3099 or visit our web site at www.seniorsvscrime.com.

 

Finally, thre is even an A-Z resource guide here: https://csapp.800helpfla.com/CSPublicApp/AZGuide/AZGuideSearch.aspx

 

So much help is out there. You just have to look.

Elder Law and the Attorney

This is an article I drafted for the Orange County Bar Association "Briefs" to be published next month. www.orangecountybar.org

 

Elder law can be a very broad area of practice, as it primarily encompasses the client, rather than the issue. Elder law attorneys typically answer questions regarding Medicaid qualification, Medicare, social security, guardianships, estate planning, end of life planning, living wills, testimonial wills, trusts,  special needs trusts, qualified income trusts, Medicaid trusts, the list goes on and on. Elder Law speaks more to Client Constituency than individual issues handled. Elder Law Attorneys address issues of Competence and Guardianship, End of Life and Healthcare Directives, Medicaid Planning as well as Estate Planning. Over the past few years, a new area has emerged: Foreclosure of Mortgages against new nursing home residents. What does the average practitioner need to know to competently advise those asking questions?

Most important in any discussion of Foreclosure is what is the assets value, and what is actually owed. Because many houses in the Orlando area and surrounding communities have lost significant value as a result of the foreclosure crisis that began in 2008, many seniors who moved to Central Florida and put a sizeable nest egg into their homes have witnessed the evaporation of equity at unprecedented levels. In 2007, if you purchased a home for $200,000, it is probably valued at less than ½ the original purchase price. If a mortgage was used for the purchase, the balance due after 7 years may be significantly higher than the current market value. This Negative Equity may place seniors at risk due to limited income mobility, rising taxes and expenses and the inability to refinance to a lower interest rate. 

One issues many seniors question is that of their homestead and mortgages. In recent years, especially following the 2008 recession, seniors have witnessed a significant decline in the value of their homestead. In many cases, seniors watched their home equity evaporate, and their mortgage holder became under secured. The federal government has been active in addressing the foreclosure crisis resultant from this negative equity situation by passing programs such as  HAMP, HAMP 2, HAFLA and finally the National Mortgage Settlement. It’s unfortunate that in Florida our Attorney General opposed the National Mortgage Settlement, even though it has helped thousands of Floridians to modify their mortgage on much more favorable terms than they could have otherwise achieved.

            Attorneys have been instrumental in the mortgage modification process, from many different standpoints, notably the bankruptcy court began a mortgage modification mediation program and started in Central Florida, the Orlando Division of the Middle district Federal bankruptcy court. This mediation program through the bankruptcy court system allowed debtors in bankruptcy to force the mortgage holder to attend mediation. While mediation was an option in state court foreclosure process, the success rate of people being able to stay in their homes was significantly less than 10%, estimated at about 4% statewide.

In the Orlando Division middle district success is measured similarly, and those seeking mediation and completing mediation with the ability to remain in their homes, measured at 74% of all modifications signed. Additionally the mediation process in the bankruptcy court has allowed many debtors the dignity of negotiating to surrender the home, rather than just waiting until the bank foreclosure process is completed and they are eventually evicted. Many seniors are afraid of bankruptcy because they don’t realize how fully their cards are stacked against them with regard to credit.

I am proud to be a part of the Mortgage Modification Education Inc. MME provides training to attorneys throughout the State of Florida and has trained attorneys from Indiana, Tennessee, South Carolina, Georgia, Virginia and New Jersey. www.mortgagemodificationeducation.com is our website and training is scheduled for New York City in April. Please get the information you need and seek assistance of competently trained counsel.

A

Why Get Medicaid?

As   SABRINA TAVERNISE   writes in the New York Times today, Peace of Mind Is First Benefit for Many Now Getting Medicaid. http://www.nytimes.com/2014/01/21/health/peace-of-mind-is-first-benefit-for-many-now-getting-medicaid.html?hp&_r=0

This excerpt from the article says enough: As health care coverage under the new law sputters to life, it is already having a profound effect on the lives of poor Americans. Enrollment in private insurance plans has been sluggish, but sign-ups for Medicaid, the federal insurance program for the poor, have surged in many states. Here in West Virginia, which has some of the shortest life spans and highest poverty rates in the country, the strength of the demand has surprised officials, with more than 75,000 people enrolling in Medicaid.

Seniors who have no hope of paying the costs of nursing home care rely on Medicaid or gifts from children who cannot afford to fund their parents' care along with their own planning for retirement.

Of course you have heard of the Medicaid Expansion as part of President Obama's Healthcare plan, the Affordable Care Act. You can see many of the arguments for an against it here: http://www.democratichub.com/medicaid.aspx?o=pv&gclid=CJqe4-fkjbwCFTNp7AodMlUAfQ

AARP, the American Association of Retired Persons has a great website that allows you to search for answers on all questions, not just Medicaid. Go to http://www.aarp.org/ for all your AARP answers.

Applying for Medicaid is different in each state; in Florida, go to the Agency for Healthcare Administration's website at http://www.fdhc.state.fl.us/
or just go here: http://www.goalbuilder.com/search/medicaid.html

If you are like most, the various websites and confusing applications can cause all the stress that is supposed to be relieved as noted in the NYT article. http://www.nytimes.com/

Save your stress, when you have questions, call 407-645-3297 or visit our website at www.aubreylaw.com
Thanks for stopping by to read, feel free to send me a comment or question.