Beware of Price Gouging Following Severe Weather

New York State officials have issued an alert warning businesses against price gouging of essential items as severe weather impacted communities throughout New York:

New York law prohibits businesses from taking unfair advantage of consumers by selling goods or services that are vital to health, safety, or welfare for an unconscionably excessive price during emergencies. The price gouging statute covers New York state vendors, retailers, and suppliers, and includes essential goods and services that are necessary for the health, safety, and welfare of consumers or the general public. These goods and services include food, water, gasoline, generators, batteries, flashlights, hotel lodging, and transportation options.

Price gouging violations can carry penalties of up to $25,000 per violation. New Yorkers should report potential concerns about price gouging by filing a complaint online or calling 800-771-7755.

When reporting price gouging, consumers should:

• Report the specific increased prices, dates, and places that they saw the increased prices; and,
• Provide copies of their sales receipts and photos of the advertised prices, if available.

Second Amendment Legal Update: September 2020

A monthly update, prepared for the Schuyler County Chapter of S.C.O.P.E. NY, a statewide 501(c)4 organization dedicated to preserving the 2nd Amendment rights for the residents of New York State.

Tips for Schuyler and Seneca County residents impacted by flood damage to avoid scams when hiring contractors

In response to last week’s flooding in Schuyler and Seneca Counties, which left many property owners with extensive damage, New York State officials have released a list of tips for consumers to avoid being scammed, when hiring a contractor:

•          Be specific about what work you want done.

•          Educate yourself about the required permits – don't rely solely on the contractor.

•          Shop around.

•          Get references and check them.

•          Get proof of insurance from the contractor.

•          Check licenses (if required).

•          Never pay the full price upfront.

•          Always put work to be done in writing, including all add-ons.

•          Know where your payments are going.

•          Never do business with a contractor who is unwilling to abide by any of the conditions above.

New York State law requires every home improvement contractor, before beginning work to provide the consumer with a written contract to be signed by both parties that sets out certain specific information and disclosures, including:

•          Proposed start and completion dates;

•          Particular description of the work to be done;

•          Materials to be provided; and

•          Notice that the consumer has an unconditional three-day right to cancel the contract without penalty.

In addition, the law requires that any advance deposits taken by the contractor must be placed into an account at a banking institution separate from the contractor’s other funds. The contractor must notify the consumer of the banking institution at which the deposit is kept.

If you feel you have been victimized, please feel free to contact the New York State Attorney General's Office at 1-800-771-7755 or local law enforcement agencies in your area.

New York State's Top Ten Frauds Of 2016: Beware Of Scammers

Marking the start of National Consumer Protection Week, New York State Officials have released a list of the top ten consumer fraud complaints received by the Attorney General's office in 2016:

1. Internet (internet services & service providers; data privacy & security; consumer frauds)
2. Automobile (buying, leasing, repair, service contracts, rentals)
3. Consumer-Related Services (security systems; restaurant/catering services; tech repairs)
4. Landlord/Tenant Disputes (Security deposit releases, tenant-harassment)
5. Utilities (Wireless and Residential Phones; Energy Servicers & Suppliers; Cable and Satellite)
6. Credit (debt collection; credit card billing; debt settlement; payday loans; credit repair; credit reporting agencies; identity theft)
7. Retail Sales (any sale of goods: food, clothing, rent-to-own)
8. Home Repair/Construction (home improvement services not delivered or done poorly)
9. Mortgage (mortgage modifications; mortgage and loan broker fraud; foreclosures)
10. Mail Order (purchases made online or from a catalog)

In addition, the attorney general's office has offered a variety of tips on how to avoid scams in the future.

For more on these scams, and how to avoid them, click here.

Warning: Email Phishing Scam

The New York State Bar Association is aware of an email phishing scam that is targeted at attorneys.

The current email subject line says: "The Office of The State Attorney Complaint." No such office exists in New York.

If you received the email, please delete it immediately. Do not follow any links or open any attachments. If you do, your computer or cell phone could be exposed to a virus.

The Office of the New York State Attorney General has issued a press release about the scam. Link: http://www.ag.ny.gov/press-release/ag-schneiderman-issues-alert-phishing-scam-targeting-new-york-attorneys.

For more information about how the AG's office handles complaints against businesses, go to: http://www.ag.ny.gov/consumer-frauds/Filing-a-Consumer-Complaint.

Beware of Fraudulent NYS Attorney General’s Office Debt Collection Notices

New York State officials have issued an alert based on complaints received from consumers who were recently contacted by scam artists posing as an attorney from the New York State Attorney General’s Office.

The consumers received a notice, written on doctored New York State Attorney General letterhead, that claimed to be a “District Court Final Warning” letter. The notice reportedly gives the impression that the Attorney General is investigating the consumer for the failure to pay a past due debt. The letters also threaten criminal action and arrest if the debts are not paid.

The fake notices are reportedly coming as either a paper letter or an email.

The state’s alert comes just one week after consumers reported receiving unsolicited phone calls from a someone posing as an attorney from the New York State Attorney General's Office.

More information, and tips on how to avoid government imposter debt collection scams can be found here.

Legal links of interest for the week ending November 22

Steven Getman, attorney, reports on some news stories about lawyers and the law in the past week:

Attorney general cracks down on fake online reviews: The agency announced that it had reached a $350,000 settlement with 19 companies for posting bogus online reviews to consumer review sites like Yelp, Citysearch and Google Local.

Democrats vote to curb filibusters on nominees: Senate Minority Leader Mitch McConnell (R-Ky.) called the move a “raw power play” – and said the whole issue was meant to “distract people from ObamaCare.”

Judges must warn about deportation, New York Appeals Court rules: In a 5-to-2 decision, the Court of Appeals overturned its 1995 ruling that deportation is a “collateral consequence” of a guilty plea, and so judges need not warn foreign defendants it might happen.

Justice Alito rips NY federal judge for requiring race- and sex-based law firm staffing: The issue was the practice of U.S. District Judge Harold Baer requiring that class action counsel ensure that attorney staffing of the case reflect the racial and gender of the class.

NY court rejects 'too intoxicated' murder defense: New York’s Court of Appeals upheld the murder convictions Thursday of three drivers who caused deadly crashes, rejecting arguments they were too intoxicated to know the threat they posed.

NY debt collector settles claims of bad business: Authorities said he tried to collect on payday loans, which are illegal in New York state. Those short-term loans are typically advances on a paycheck with exorbitant interest rates.

NY registry to have multiple pictures of sex offenders: The state’s Sex Offender Registry will now display multiple images of convicted sex offenders to help make them more recognizable to the public and law enforcement.

Senate, Assembly to jointly file against Cuomo’s anti-corruption commission: lawyers representing the legislators will argue that the subpoenas are overreaching, violate the constitutional separation-of-powers edict and seek protected client information, sources said.

For more on each of these stories, click on the links above.

Legal links of interest: week ending November 16, 2012

Some of the stories about the law and lawyers in the news this past week:

District Attorney acted in porn movies: Mark Suben, the Cortland County district attorney, admitted he acted in pornographic movies in the 1970s after denying it during his campaign.

Ranchers, farmers brace for 'death tax' impact: When the Bush-era tax rates expire in January, rates increase to 55 percent on estates of $1 million or more, impacting family farms.

Eight guilty pleas in$1 Million identity theft scheme: The identity theft ring used the stolen identities of hundreds of innocent victims, produced fake driver’s licenses, and stole over $1 million in merchandise, gift cards and store credits at Home Depot, Sears, Kmart, Kohl’s and other retail stores. 

Judge weighs delay in Penn St. whistleblower suit: A judge plans to rule within two weeks on Penn State's request to delay the whistleblower and defamation case filed by former assistant football coach Mike McQueary.

Supreme Court grantsreview in important Voting Rights Act case: Critics charge the provision at issue is used to create racially gerrymandered, segregated voting districts.