Prerecorded calls, or robocalls, are not only annoying, they are illegal. Despite this, automated sales calls have increased at an alarming rate in recent years – mostly due to internet based dialing systems. What is the Federal Trade Commission (FTC) doing to fight against these illegal calls? And what can you do to make sure you are well informed and protected? The FTC is aggressively targeting telemarketers who use robocallers. To date they have filed more than 100 lawsuits against 600-plus companies and individuals responsible for robocalls and Do Not Call list violations. Those who violate these laws can be fined up to $16,000 per call. In 2009, the FTC established rules that protect consumers from robocalls, making them illegal unless the telemarketer has written permission from the consumer. It is difficult to track down those who violate these rules, as calls can be made from anywhere in the world and display fake caller ID…Read More
Did you know that 90% of DeVry University graduates find jobs within six months of graduation? Spoilers: This statistic is probably false. Unfortunately, you aren’t alone if you believed this to be true. The reason you believe this is because DeVry spent $135 million per year in advertising between 2011 and 2014 to convince you. On January 27, 2016, the Federal Trade Commission filed a Federal lawsuit against DeVry Education Group in California. The government’s Complaint for Permanent Injunction and Other Equitable Relief, alleges that DeVry unlawfully violated the FTC Act by engaging in “unfair or deceptive acts or practices in or affecting commerce.” Specifically, the FTC alleged that DeVry deceived consumers when it advertised that: (1) 90% of graduates who were actively seeking employment found jobs within six months; and (2) DeVry bachelor’s degree holders earned 15% more income than average bachelor’s degree holders from other universities. With DeVry’s expensive, years-long advertising campaign, you may have seen…Read More
In December 2016, DeVry reached a $100 million settlement with the FTC in a deceptive advertising lawsuit. As part of the proposed agreement, DeVry has agreed that it will not run advertisements that misrepresent the job placement rates of graduates or make any promises of how much money graduates should expect to receive when they enter the workforce. But what are the promises that got DeVry in trouble in the first place? 90% Employment Rate The primary claim that DeVry aggressively asserted was that 90% of DeVry graduates find employment within six months of graduation. This statistic appeared on their website, in Spanish and English television ads, on YouTube, in brochures, and in print advertisement. If you’ve watched any television since 2010, you may have seen ads like the one (cited by the FTC in its’ lawsuit) entitled “Graduation Present”, in which a hard working mother narrates that when she gets her business degree from DeVry,…Read More
There are few experiences that compare to bringing a child into the world, or meeting an adoptive child for the first time. It is exciting, exhausting, scary, and heart-warming, all at the same time. Further, those first several months of that new relationship are so important, not just for the ever-lasting memories, but because of the indisputable emotional and health benefits that one-on-one time with your new child provide. That is why it is so important for new parents to be able to take leave from work to focus on a new child. It is in the best interest of children to bond with their parents, and it makes parents happier and emotionally healthier to be able to focus on their new child instead of on work. California Baby Bonding Leave The Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) are state and federal mandates that protect employees who have…Read More
Everybody makes mistake in their lives. The degree of these mistakes can vary wildly, but part of living involves learning and moving forward. Unfortunately, many people who have criminal records find that it is incredibly difficult to move forward, especially when it comes to finding employment. We are often asked questions about what impact your criminal history can legally have on your employment prospects. The answer to this question is complex, but the bottom line is that there are federal and state legal limits on employers when it comes to criminal backgrounds. Employers May Seek Outside Background Check It is common for employers to seek criminal background checks conducted by outside agencies. However, employers have to strictly comply with the Federal Fair Credit Reporting Act (FCRA) and the California Investigative Consumer Reporting Agencies Act (ICRAA), which require that the employer: (1) have consent from the applicant/employee to obtain the background check; (2) inform the individual…Read More
Working in the service industry is tough. Really tough. One of the few things that make rude, unreasonable customers worth it is the tipping. Some days you get a moderate amount of tips, while once in a while you receive an amazing tip from a generous customer. The point is, every dollar you receive in gratuities matters. So this begs a commonly asked question: can your employer take your tips from you? The simple answer to this question is: NO, your employer cannot take your tips. California Labor Code Section 351 states that: No employer or agent shall collect, take, or receive any gratuity or a part thereof that is paid, given to, or left for an employee by a patron, or deduct any amount from wages due an employee on account of a gratuity, or require an employee to credit the amount, or any part thereof, of a gratuity against and as a part of…Read More
Who bears the financial burden when a giant for-profit college goes under? We all do. In September 2016, ITT Technical Institute, one of America’s largest private for-profit colleges with over 130 locations across 38 states, was effectively shut down by the U.S. Department of Education. The college was prohibited from enrolling students who use federal financial aid and was also on the verge of losing accreditation. Former U.S. Under Secretary of Education Ted Mitchell stated at the time that it took action “in the face of growing evidence that ITT was a risk to both students and taxpayers” and “There are very fundamental issues of institution integrity, financial stability, administrative capacity and their ability to meet federal and state financial aid administration requirements, so these are not small matters, these are matters that cut to the heart of the institution’s ability to provide quality service to its students and to provide value to taxpayers in the Title…Read More
You purchase a new vehicle and are thrilled with it, until it starts to need repairs. Not just a few repairs, but a lot of them. In fact, it starts to feel like your car spends more time at the service shop than it does with you. If this happens, your car might be a “lemon,” or a defective vehicle. Thanks to the Song-Beverly Consumer Warranty Act, also known at the California Lemon Law, you have options to remedy the situation. California’s Lemon law protects consumers from serious car warranty defects that the dealer or manufacturer can’t repair after a “reasonable number” of attempts. In many cases, you may be entitled to a replacement vehicle or refund of what you paid. The Lemon Law also has a presumption guideline which states that a vehicle is considered a lemon if any of the following criteria are met within 18 months of delivery to the buyer or…Read More
“College graduation is supposed to be synonymous with opportunity and prosperity and not a detour into a modern-day debtor’s prison.” – California Treasurer John Chiang College Is Expensive And Risky College is expensive, that is an undeniable, indisputable fact. To make things worse, student loans can be completely unaffordable and can have long term, crippling effects on your credit. In fact, it is estimated that students in America owe nearly $1.5 trillion in student debt. The average amount of debt carried by a graduate nationwide is about $28,000 dollars. In California, it is estimated that over half of college graduates carry some student debt. This session, California has seen a legislative push to make college more affordable and more accessible to prospective students. These include proposals to lower or freeze tuition, for free community college for a year, student loan transparency, and lower textbook costs. In addition, State Senator Ben Allen and Treasurer John Chiang…Read More
As you get older, so does your home. In fact, 60 percent of seniors live in homes that are more than 20 years old. This means your home probably needs some improvements, repairs or accommodations for you as it becomes more difficult for you to get around. You may have explained this to the contractor who offered to do some work for you, and you never imagined someone would take advantage of your situation. Unfortunately, between 20,000 and 100,000 scams are perpetrated against homeowners each year. If that seems like a broad range, it’s because many victims are too embarrassed to report it or to seek help getting their money back. Over 30 percent of those victims are seniors like you, and they worry that if they admit to falling for a scam, their children may force them to give up their homes. Recognizing A Scam at Your Front Door When the contractor came to…Read More
