Wisconsin-Consumer Blog by Gordon Leech

How to Secure Your Credit Reports After Identity Theft under Wisconsin Law

Gordon Leech — Wed, 06 Feb 2013 23:53:18 +0000

If you are a Wisconsin resident and the victim of identity theft or fraud, you have the right to place Security Freeze on your consumer files with the 3 national consumer credit reporting agencies, Equifax, TransUnion and Experian. This makes it harder for anyone to use your consumer information through the agencies to open new credit accounts. You can place the Security Freeze on your consumer files by contacting the three agencies and reporting the fraud and requesting the Security Freeze. It costs $10 for each agency. More information on this process is at http://datcp.wi.gov/uploads/Consumer/pdf/IDTheftCreditFreezeFAQ632.pdf. Sample letters to each agency are available at www.privacy.wi.gov, which allow you to fill in your personal information and print the letters for mailing.

The contact information for placing a Security Freeze alert is:

Equifax: CSC Credit Services
Security Freeze
PO Box 674438
Houston, TX 77267-4438

Experian: Experian Security Freeze
PO Box 9554
Allen, TX 75013

TransUnion : TransUnion Security Freeze
PO Box 6790
Fullerton, CA 92834-6790

Under Federal law, you are also entitled to place a Fraud Alert on your consumer files and a free copy of your consumer file, known as a “consumer disclosure,” after you are the victim of fraud. For more information on your rights under Federal law, see our Blog entry on How to Secure Your Credit Reports After Identity Theft under Federal Law.

The post How to Secure Your Credit Reports After Identity Theft under Wisconsin Law appeared first on Wisconsin-Consumer Blog by Gordon Leech.

How to Secure Your Credit Reports After Identity Theft under Federal Law

Gordon Leech — Wed, 06 Feb 2013 23:42:34 +0000

If you are the victim of identity theft or fraud, you have the right to place a fraud alert on your consumer files with the 3 national consumer credit reporting agencies, Equifax, TransUnion and Experian. This makes it harder for anyone to use your consumer information through the agencies to open new credit accounts. You can place the fraud alert on your consumer files by contacting one of the three agencies and reporting the fraud and requesting the fraud alert. More information on this process is at https://www.annualcreditreport.com/cra/helpfaq#fraudalert. You are also entitled to a free copy of your consumer file, known as a “consumer disclosure,” after you are the victim of fraud. You can request this at the time you place the fraud alert.

The contact information for placing a fraud alert is:

Equifax: 1-877-576-5734; www.alerts.equifax.com
Experian: 1-888-397-3742; www.experian.com/fraud
TransUnion: 1-800-680-7289; www.transunion.com

If you are a resident of Wisconsin, you may also have the right to place a Security Freeze on your files. See our Blog entry on How to Secure Your Credit Reports After Identity Theft under Wisconsin Law for more information.

The post How to Secure Your Credit Reports After Identity Theft under Federal Law appeared first on Wisconsin-Consumer Blog by Gordon Leech.

Getting Fired for Taking Time Off to Vote in Wisconsin

Gordon Leech — Tue, 30 Oct 2012 00:35:00 +0000

Can I take time off from work at my job to vote in Wisconsin without getting fired? Do you know the answer to that question? Take a look at our article, Time to Vote, Your Job and Your Rights in Wisconsin, on our website at http://www.celcwi.com/wisconsin_law_permitting_employees_time_vote.html, principally authored by Wyatt D. Dittburner, to learn more.

Wyatt discusses why employees in Wisconsin can take up to 3 successive hours off of work to vote without fear of being fired if the employee provides the employer notice before Election Day and goes at a time set by the employer. If the employer refuses to permit someone to take time off to vote or disciplines someone for taking time off to vote, like firing them, the affected employee may be entitled to bring a claim against the employer for harms that result.

By Gordon Leech

The post Getting Fired for Taking Time Off to Vote in Wisconsin appeared first on Wisconsin-Consumer Blog by Gordon Leech.

Claims of Inaccurate Rental Screening Reports Sold by On-site Manager Leads to Class Action Settlement

Gordon Leech — Mon, 29 Oct 2012 22:44:00 +0000

Tenant or Rental screening reports are used by many landlords. These reports usually fall within the definition of a report covered by the Fair Credit Reporting Act which gives consumers tenants significant rights. Inaccurate reports can wrongly keep a consumer from getting a rental place to live. When these tenant or rental screening reports are inaccurate, consumer tenants may have claims against the screening company that sold the inaccurate reports to the prospective landlords. In a case filed in the United States District Court for Southern District of New York by Debra Massey against On-site Manager, Inc., the court approved a class action settlement against On-site Manager, Inc., for the payment of funds to class members across the country on this basis.

Debra Massey claimed that On-site Manager sold tenant screening reports to prospective landlords and included inaccurate or outdated information such as civil actions filed against consumers that never resulted in a judgment and that were more than 7 years old. This is a practice that is prohibited by the Fair Credit Reporting Act.

For more information on the use of consumer reports such as a tenant screening report in the rental of consumer properties, you can visit our website pages on consumer credit reports at http://www.celcwi.com/help_inaccurate_credit_reports.html.

By Gordon Leech 10/29/2012

The post Claims of Inaccurate Rental Screening Reports Sold by On-site Manager Leads to Class Action Settlement appeared first on Wisconsin-Consumer Blog by Gordon Leech.

How to Keep Track of Your Work Hours

Gordon Leech — Sat, 29 Sep 2012 14:44:58 +0000

Did you know that an employer is legally responsible for keeping track of your work hours and maintaining these records? Even still, I have found that employers in violation of the Wage and Hour laws, particularly those that mis-classify an employee as exempt from overtime pay or that pay employees under the table, without making any of the legally required contributions to social security, unemployment or overtime pay, don’t keep track of hours. An employer’s failure to abide by its legal obligation to make and maintain your work hours may benefit it if you have a claim for unpaid overtime wages or minimum wages because the employer will argue that you did not work the claimed hours. Having your own record of hours worked can help in these situations, but is not necessarily required under the law for an overtime or minimum wage pay claim.

If you want to track your hours each week, the U.S. Department of Labor has made it easy. It created an application for the IPhone that is available for free. You can find out more about wage laws and how to download this free application at our website page on Unpaid Overtime Law by following this link: http://www.celcwi.com/upaid_overtime_wages.html

The post How to Keep Track of Your Work Hours appeared first on Wisconsin-Consumer Blog by Gordon Leech.

Sysco Fires an Employee Days After He Tells Them of Plan for Kidney Transplant

Gordon Leech — Tue, 25 Sep 2012 16:50:20 +0000

I consider the Americans with Disabilities Act, which prohibits employment discrimination against people with serious health conditions, one of the most important laws we have in employee rights. Cases of disability discrimination are often the most compelling cases I come across. Don Boswell, an attorney and good friend of mine, represents Mr. Cupid. Sysco, Mr. Cupid’s former employer, terminated his employment just days after Mr. Cupid discovered he needed and was qualified for a kidney transplant, as reported by The Palm Beach Post wrote an article regarding this matter. Here is a link to the story:

http://www.palmbeachpost.com/news/news/local/boynton-father-waits-for-justice-kidney-after-sysc/nSK6d/

The impact of the termination in this case is extreme. Not only did Mr. Cupid lose his economic stability, he lost his health insurance and was taken off the transplant list as a result.

If Mr. Cupid proves his claim, the ADA can restore him to his position at Sysco and provide compensation for his lost wages and non-economic harms. It cannot, however, restore the injury to his health in the meantime.

For more information about discrimination in employment and your rights under Federal and Wisconsin law, visit our page here at http://wisconsin-consumer.com/employment-rights-in-wisconsin/.

The post Sysco Fires an Employee Days After He Tells Them of Plan for Kidney Transplant appeared first on Wisconsin-Consumer Blog by Gordon Leech.

Identity Theft Woes, Columnist David Lazarus Writes of His Own Experience

Gordon Leech — Mon, 17 Sep 2012 21:33:50 +0000

David Lazarus, a columnist that writes for the L.A. Times, recently wrote about his own experience with Identity Theft that occurred 15 years ago but still plagues him today. A copy of his article that appeared in the Chicago Tribune on Sept. 4, 2012, is at http://www.chicagotribune.com/business/yourmoney/la-fi-lazarus-20120904,0,3447151,full.column. It’s a familiar tale with victims of identity theft, unfortunately. It’s a good read to understand why it is important to check your own consumer credit reports at least once each year, which you can do for free, and look for any accounts listed that you did not open or on which you are not an account holder.

There are steps you can take too that if done soon enough can prevent many problems that can result with identity theft. If that is a problem for you, we have more information on identity theft on our website, www.celcwi.com.

The post Identity Theft Woes, Columnist David Lazarus Writes of His Own Experience appeared first on Wisconsin-Consumer Blog by Gordon Leech.

ERISA Insurance Plan Cannot Recoup Benefits Against Insured’s Law Firm Says the 8th Circuit Court of Appeals

Gordon Leech — Fri, 14 Sep 2012 21:31:34 +0000

The federal court of appeals for the 8th Circuit recently decided an important case addressing whether an insurance plan could recoup payments it made for an insured against the insured’s law firm after the insured recovered for his claims. The Eighth Circuit rejected the plan’s claims against the law firm.

In Treasurer, Trustees of Drury Industries, Inc., v. Goding; Casey & Devoti, P.C., (8th Cir., No. 11-2885, 9/7/2012), an ERISA plan attempted to recoup against an insured’s law firm the benefits it paid out for the insured’s treatment after the insured recovered in a civil claim related to a slip and fall accident. The insured filed and obtained a discharge of the plan’s claim through bankruptcy. The plan then sued the insured’s law firm from the slip and fall claim. The Eighth Circuit held that the plan could not recover against the insured’s attorney under the contractual subrogation provision of the contract with the insured because the attorney was not party to the plan. The court also rejected the plan’s theory under equity and a state cause of action for conversion against the law firm.

Here is a link to the Justia summary and the decision: http://j.st/7Y4

The post ERISA Insurance Plan Cannot Recoup Benefits Against Insured’s Law Firm Says the 8th Circuit Court of Appeals appeared first on Wisconsin-Consumer Blog by Gordon Leech.

When Someone Else Uses Your Social Security Number for a Job

Gordon Leech — Fri, 13 Jul 2012 15:23:53 +0000

When someone else is using your social security number for employment purposes, it presents a difficult situation to resolve. While the answer to how to stop this from continuing is not clear, there are some things you can do.

You can contact the Social Security Administration and the Internal Revenue Service to notify them of the fraud, as you want to avoid tax liability on this imposter’s wages. Also, the imposter could potentially open credit using your SSN, which would cause you additional problems. So you can contact the consumer reporting agencies to report fraud and ask them to put a fraud alert on your consumer file. Every employer is also required to verify the identity of an employee using a form I-9, which is governed by the Dept. of Homeland Security, formerly the INS, so you could notify the Dept. of Homeland Security. Also, the Federal Trade Commission accepts complaints of identity theft, as they keep a database and cross-reference complaints for potential action. You can attempt to file a police report of the fraud, but the local police department may not accept the report, as many are reluctant to do so if there doesn’t appear to be an economic loss associated with the matter.

Providing the identity of the employers where the fraudster worked and to these agencies may help get some interest going on to investigate to help you find out the identity of the person using the SSN.

The FTC has a very good guide on what to do when your identity has been stolen. Anyone that is victimized by identity theft should review that site and follow its recommendations.

For more information on what you can do, visit our website page on Identity Theft at http://www.celcwi.com/page33.html.

The post When Someone Else Uses Your Social Security Number for a Job appeared first on Wisconsin-Consumer Blog by Gordon Leech.

Supreme Court Balks & Consumers Win in First American Financial v. Edwards

Gordon Leech — Thu, 28 Jun 2012 18:41:00 +0000

Consumers and their attorneys were waiting with baited breath today for the decision by the U.S. Supreme Court in First American Financial v. Edwards. All breathed a sigh of relief today, June 28, 2012, when the high court of the nation decided not to decide this case, rejecting the appeal to the Supreme Court. Although the court initially said it would hear and issue a decision in the case, and the court waited until the last day of its term, the court found that the original basis for choosing to hear the case was mistaken and withdrew the certification of the case to the court.

This is actually a victory for consumers. The Ninth Circuit Court of Appeals, the lower court from which the case came, made a favorable decision for consumers, rejecting First American’s claim that a statute that provides for presumptive damages, known in the law as “statutory damages,” is unconstitutional. Had the Supreme Court agreed with First American, massive amounts of consumers would lose their day in court and it would have changed the landscape of consumer protection laws throughout the country.

In many consumer protection cases, the law provides that a court can award these presumptive or statutory damages where the consumer cannot prove actual damages. Congress has provided for statutory damages in consumer protection laws because violations cause harm beyond that inflicted on the particular consumer, it is a deterrent to break the law and actual damages can simply be hard to quantify and prove sometimes, though it is recognized that these violations do cause harm.

Some Federal protections that this decision could have affected include claims under the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, the Real Estate Servicing Protection Act, Truth-in-Lending violations and others.

The post Supreme Court Balks & Consumers Win in First American Financial v. Edwards appeared first on Wisconsin-Consumer Blog by Gordon Leech.