Exercise Your Rights: Victims of Credit Card Fraud Need to Know That the Truth in Lending Act Has Your Back.
With today’s technology, keeping your credit and debit card accounts safe is harsh. If you have been a victim of credit card fraud, you should be aware of your rights as a consumer. Many laws protect consumers from fraudulent activities; today, we will discuss the Truth in Lending Act.
Truth in Lending Act protects you in fraudulent situations. You are liable for only $50.00 in unauthorized credit card charges. However, you must write a letter to the furnisher within 60 days of the first bill containing the fraudulent charge.
If someone uses your credit card number fraudulently but does not use the physical card, you have no personal liability for the fraudulent charges.
Fraudulent charges on debit or ATM cards differ from credit card fraud. Regarding unauthorized charges, debit or ATM cards are not as simple as credit cards. The amount you are liable for depends on how quickly you report the loss. Always double-check all charges and vendors that charge your cards. Act quickly. If you notice any suspicious activity in your bank account or credit card statements, report it immediately. Under the Federal Privacy Act of 1974, furnishing your social security number is voluntary, so don’t be bullied by aggressive sales tactics.
Federal law caps your liability at $50 if someone steals your credit card, regardless of the unauthorized charges. Additionally, federal law protects you from liability for any unauthorized charges if you report the theft of your physical card or credit card account number before any charges occur. It's essential to thoroughly review the terms and conditions outlined in your cardholder agreement. As a responsible cardholder, promptly inform the issuer if your credit card is lost or stolen. This quick response can help prevent additional unauthorized expenditures. This advance notice will provide the issuer with the opportunity to assist you in the following ways:
The Fair Credit Billing Act is a powerful tool for consumers. It allows you to dispute a charge with your card issuer within 60 days of receiving your credit card bill. The charge must exceed $50 to qualify for dispute and may be unauthorized, have an incorrect date or amount, or contain calculation errors. You can also dispute charges for undelivered goods or services. Once a complaint is received, the issuer must acknowledge it within 30 days and complete the investigation within two billing cycles. During this period, the issuer cannot attempt to collect the payment, charge interest on it, or report it as late to credit bureaus. However, these restrictions only apply to the disputed payment; other charges made in the same billing cycle may still accrue interest and be reported as late if unpaid.
If your bank refuses to cover your losses in the event of fraudulent activity, it may be breaking the law. Additionally, it may break the law if it submits the fraudulent account for collection against you or reports it negatively to the Credit Reporting Agencies.
If you suspect a violation of your consumer rights, contact an experienced consumer protection attorney at KAASS LAW for more information.
Easy nine step guide for Startup or small business owners interested in forming a corporation in California.
Your business name may not be the same as, or deceptively similar to, other corporate names on file with the Secretary of State (limited exceptions apply). Additionally, the name may not contain the words “bank,” “trust”, “trustee,” or related words. Although you are not required to do so, consider registering your business name as a federal and/or state trademark.
Under California law, a corporation must have at least three directors, unless there are less than three shareholders. In that case, the number of directors may be equal to or greater than the number of shareholders. For example, if the corporation has only one shareholder, the number of directors may be one or two. If the corporation has two shareholders, the number of directors may be two (or three, which is the normal minimum). California does not set forth a minimum age or residency requirement for directors. Either the articles of incorporation or the corporation’s bylaws must state the number of directors that will constitute the corporation’s board of directors.
Many people use UberX, a transportation service, to help them get around town. It is much cheaper than a traditional taxi and the cars tend to be nicer too.
What happens though if the driver is negligent and gets into an accident while on transporting a passenger? Even more interesting, what happens if the Uber driver gets into an accident without transporting a Uber passenger? Does Uber or Lyft provide insurance coverage for drivers injured due to a car accident? Does Uber driver's personal insurance policy cover the accident? Can injured passengers sue Uber/Lyft or their drivers? These are just a few questions many Uber, Lyft, and other TNC users are concerned about when involved in an accident while using these popular ride-sharing services.
On New Year’s Eve, a six-year-old girl was struck and killed by an UberX driver in San Francisco. The family sued Uber for wrongful death, but Uber denied liability. Since there were no passengers in the vehicle, the driver was not on duty and was not covered by Uber’s insurance. The family argued that since the driver was logged into the Uber app, he was on the job. At that time, Uber had very strict provisions as to what they are liable for. They only claimed liability between the times that a driver was requested and the fare was paid. This means that if a driver is driving around looking for a fare, they are not considered to be on the job; therefore, the driver will not be covered by.
The filing fee is $100. The Secretary of State website has a sample of articles of incorporations with instructions.
California law requires a corporation to create bylaws. There is no set criteria for the content of bylaws, but they typically set forth internal rules and procedures for the corporation, touching on issues like the existence and responsibilities of corporate offices, the size of the board of directors and the manner and term of their election, how and when board and shareholder meetings will be held, who may call meetings, and how the board of directors will function. You are not required to file bylaws with the Secretary of State, but the corporation must keep a copy at its principal place a business.
The filing fee is $25. The Secretary of State’s website has a simple, fill in the blank form for the Statement of Information. Instructions are included. It must be filled within 90 days of filing the articles of incorporation.
Request an Employer Identification Number (EIN) from the IRS. There is no filing fee. If you will be paying at least $100 to an employee or employees in a quarter (this includes corporate officers), you are subject to California employment taxes and must register for a California employer account number within 15 days of paying that $100. You can register for employment taxes and get your account number online using the Employment Development Department’s website. These taxes must be paid quarterly. Whenever you hire an employee in California, you must inform both the IRS and the State of California. The IRS details all of the necessary steps, including verifying work eligibility and withholding allowances certificates, on its page entitled Hiring Employees. You can find information for the state level in the California Employer’s Guide and on the website for California’s New Hire Reporting Program. If you have employees in California, you must carry workers’ compensation insurance. There are other informational returns that you may have to file annually or semi-annually with both the IRS and the state. California imposes an $800 minimum franchise tax on corporation doing business in the state. This minimum tax is separate from any income, self-employment, or payroll tax. For many, this $800 minimum tax could be significant impediment to forming a corporation in California, especially if you have little or no expected income from your online publishing activities. California’s current income tax rate for corporations is 8.84%.
It is a good idea to keep business’s finances separate from your personal accounts. A good way to do this early on is by opening a bank account for your corporation. You will probably need a Tax ID number (EIN), a copy of the articles of incorporation, and a resolution identifying authorized signers if those names are not listed in the articles. Our lawyers in Glendale, Los Angeles, CA can provide you with any sort of legal assistance regarding business startups.
In March of this year, Uber announced that they would be changing their insurance coverage. They would now cover accidents as long as the Uber driver was at fault and logged into the Uber app, even if they were not transporting a passenger. Although this is a big step forward, there are still some provisions to be aware of. Uber’s insurance will only cover the accident if the driver’s personal insurance fails to do so. They will also only cover up to $100,000 in bodily injury and $25,000 in property damage.
UberX is a cheap way to get around town if you need transportation, but it is important to educate yourself on policies and provisions that may affect you. If you are an Uber passenger and are involved in a car accident, it is important to find an experienced personal injury attorney.
Make sure your rights are not violated! Don't settle for pursuing a court case without guidance. Our Glendale auto accident attorneys at KAASS LAW can provide you with any sort of legal assistance you require.