New Post/Thread Notification: CreditWrench

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Creditwrench has just posted in the CreditWrench forum of CreditWrench under the title of Experian's hand gets slapped...yet again.

This thread is located at http://www.creditwrench.com/consumers/showthread.php?threadid=767

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Experian's hand gets slapped...yet again....


Experian Agrees to Pay $950,000 in FTC Settlement Over Credit Reports

August 17, 2005
Consumerinfo.com, Inc., doing business as Experian Consumer Direct, has
settled Federal Trade Commission charges that it deceptively marketed "free credit
reports" by not adequately disclosing that consumers automatically would be
signed up for a credit report monitoring service and charged $79.95 if they
didn't cancel within 30 days, in violation of federal law. The settlement requires
Consumerinfo to pay redress to deceived consumers, bars deceptive and
misleading claims about "free" offers, requires disclosure of terms and conditions of
any "free" offers, and requires the defendant to give up $950,000 in
ill-gotten gains.

According to the FTC complaint, the defendant drove consumers to their
www.freecreditreport.com and www.consumerinfo.com Web sites with radio, television,
e-mail and Internet ads that promised free credit reports and a bonus – free
trials of a credit-monitoring service. Ads made claims such as:

FREE! FREE! FREE! Get Your FREE Credit Report Online in Seconds!!!!
Click here to get a FREE copy of your online Credit Report Instantly!
And that's not all. . . along with your INSTANT credit report, we'll give you
30 FREE days of the Credit Check Monitoring Service at no obligation.

Consumers were required to provide detailed personal information and a valid credit card account number to get their credit report. They were assured that, "Your card will not be charged during the free trial period. However, valid credit card information is required to establish your account."

According to the FTC's complaint, Consumerinfo's advertising and Web sites failed to explain adequately that after the free trial period for the credit monitoring service expired, consumers automatically would be charged a $79.95 annual membership, unless they notified the defendant within 30 days to cancel the service. Consumerinfo billed the credit cards that it had told consumers were "required only to establish your account," and, in some cases, automatically renewed memberships by re-billing consumers without notice. The FTC charged
that the defendant's failure to adequately disclose the automatic billing and to get consumers' consent to bill their accounts violated federal law.

The complaint also alleges that Consumerinfo misled consumers about their association with the annual free credit report program for which U.S. consumers are eligible by federal law. A federal law enacted in December 2003, gives consumers the right to get one free credit report every 12 months from each of the three national consumer reporting companies. This program began in western states on December 1, 2004, and will cover all U.S. consumers by September 1, 2005. Consumers can get their free reports by phone, mail, or at one authorized Web site, www.annualcreditreport.com. The FTC complaint alleges that onsumerinfo deceptively advertised and promoted its "free reports" at its "freecreditreport.com" Web site, without disclosing that it was not associated with the official annual free credit report program.

"Consumers paid the price for ordering free credit reports from
freecreditreport.com," said Lydia Parnes, Director of the FTC's Bureau of Consumer Protection. "It's unfair and deceptive to promise consumers something for free and then trick them into paying for products they didn't want in the first place."

"Consumers also need to be alert about impostor sites – sites that misspell annualcreditreport.com or use sound alike names, but don’t link to the authorized site. We are sending letters to operators of more than 130 impostor sites to inform them that we know they are out there and that attempts to mislead consumers are illegal," she said.

The settlement is designed to assure that the defendant's negative-option or "free" offers do not contain misrepresentations, and that they disclose all terms and conditions of the offers. The settlement establishes specific disclosure requirements in promotions for the defendant's "free credit report" offer.
Among other things, the defendant must clearly tell consumers that they will be charged unless they cancel within the trial period, and that the offer is not related to the free credit report program mandated by Congress.

The settlement requires redress for consumers who enrolled in Consumerinfo's credit monitoring program between 2000 and 2003, canceled the monitoring service and received a partial refund or filed a complaint about the charges for the service. Consumers who qualify for a refund should receive a notice from Consumerinfo by email or first class mail within the next few months. The FTC staff has released answers to frequently asked questions available at
www.ftc.gov/freereports to help Consumerinfo customers determine if they’re eligible for a refund. It also has established an information hotline for consumers to call for information on refunds. The phone number is (202) 326-3457.

In addition to the redress program, the settlement requires the defendant to pay $950,000 in ill-gotten gains to the Commission. The money may be used to provide consumer education.

The settlement also contains record-keeping and bookkeeping provisions to allow the FTC to monitor compliance with the order.

The FTC has published two consumer brochures: "Want a Free Annual Credit Report? The Only Official Website is annualcreditreport.com" warns consumers about imposter sites; "Your Access to Free Credit Reports," educates consumers about their right to a free copy of their credit reports, and discusses other consumer rights under the Fair Credit Reporting Act and the FACT Act. Both publications are available in English and Spanish at www.ftc.gov/freereports.
The Commission vote to authorize staff to file the complaint and stipulated final order was 3-0-1, with Chairman Deborah Platt Majoras recused. They were filed in the U.S. District Court for the Central District of California, in Santa Ana.

The complaint named Consumerinfo.com., Inc., doing business as Experian Consumer Direct, Qspace, Inc., and Iplace Inc. Consumerinfo.com is a wholly-owned subsidiary of Experian North America, which is also the parent company of Experian Information Services, one of the three national credit reporting companies.

This case was brought with the invaluable assistance of the office of
California Attorney General, Bill Lockyer. The agency also wishes to acknowledge the Electronic Privacy Information Center, which filed a complaint about Consumerinfo.com with the Commission, and the World Privacy Forum for reports it submitted to the agency on imposter sites.

NOTE: A stipulated final judgment and order is for settlement purposes only and does not constitute an admission by the defendant of a law violation. Stipulated final judgments have the force of law when signed by the judge. Copies of the complaint and consent agreement are available from the FTC’s Web site at http://www.ftc.gov and also from the FTC’s Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580. The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot,
stop, and avoid them. To file a complaint in English or Spanish (bilingual counselors are available to take complaints), or to get free information on any of 150 consumer topics, call toll-free, 1-877-FTC-HELP (1-877-382-4357), or use the complaint form at http://www.ftc.gov. The FTC enters Internet, telemarketing, identity theft, and other fraud-related complaints into Consumer Sentinel, a
secure, online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.

Source: FTC Press Release
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New Post/Thread Notification: CHIT CHAT

Hello,

Creditwrench has just posted in the CHIT CHAT forum of CreditWrench under the title of Something you didn't know or think about..

This thread is located at http://www.creditwrench.com/consumers/showthread.php?threadid=769

Here is the message that has just been posted:
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Wiretap the Internet? Not So Fast, Say Some (http://www.law.com/jsp/article.jsp?id=1124269510528)
The National Law Journal

The federal courts may soon face the first round in a battle over the Justice Department's demand that federal wiretapping requirements be extended to Internet services. The Center for Democracy & Technology, the Electronic Frontier Foundation and others are weighing whether to challenge an FCC requirement that VoIP services accommodate the taps in their designs and applications. Critics say the FCC decision is based on a flawed interpretation of a 1994 law.

That means that services such as Skype, Vonage and others have no technology in place to allow your calls on those services to be wiretapped. Safe communication with no possibility of government snoops being able to listen in on your every word.

And you can use voip in exactly the same way you do your local connection. Let's say you install Voip and disconnect your regular telephone service. You call up your fried acroxx town and tell him that you have a new phone number and it is xxx-xxxx so he dials the VOIP number just like he would any other number.

He never knows that it is a voip munber. The telephone solicitors can't get the number either. Google searches don't reveal your voip number either.

And you get all the bells and whistles the telephone company always charges big bucks for free. All the regular telephones and accessories work with voip the same way they did with the old services.

Sans government snoops.
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Winning against NAF and Arbitation

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Seems that we are winning against NAF now on a fairly regular basis.

A phone call from a lady whom I shall call Katt seems to indicate that such may actually be the case. She was absolutely screaming her happiness over the fact that she had received a letter from NAF staying her arbitration case.

Katt is probably about the 4th or 5th such call I've received from students over the last couple of weeks and all saying pretty much the same. A few more and we might be able to claim that we have now found the key to winning against NAF and arbitration.

We have one student who is going into a court ordered mediation in a couple of days and of course we don't want to go for that either so I've told him what to say to get it back into regular court.

Court ordered mediation is a far different animal than is NAF and the like but that don't mean that the defendant has any greater chance there than they do before NAF.
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New Post/Thread Notification: Arbitration Forum

IC 34-57-2
Chapter 2. Arbitration: Uniform Arbitration Act

IC 34-57-2-1
Written agreement to arbitrate; enforceability; exemptions from chapter
Sec. 1. (a) A written agreement to submit to arbitration is valid, and enforceable, an existing controversy or a controversy thereafter arising is valid and enforceable, except upon such grounds as exist at law or in equity for the revocation of any contract. If the parties to such an agreement stipulate in writing, the agreement may be enforced by designated third persons, who shall in such instances have the same rights as a party under this chapter. This chapter also applies to arbitration agreement between employers and employees or between their respective representatives (unless otherwise provided in the agreement).
(b) This chapter specifically exempts from its coverage all consumer leases, sales, and loan contracts, as these terms are defined in the Uniform Consumer Credit Code (IC 24-4.5).
As added by P.L.1-1998, SEC.53.

IC 34-57-2-2
Commencement of arbitration; procedure; tolling statute of limitations
Sec. 2. Arbitration shall be initiated by a written notice by either party, mailed by registered or certified mail, or delivered to the other party, briefly stating a claim, the grounds for the claim and the amount or amounts. Issues shall be joined by written notice of admissions or denials and any counterclaims or set-offs so mailed or delivered. The statutes of limitations ceases to run from the time of any notice of claim or counterclaim.
As added by P.L.1-1998, SEC.53.

IC 34-57-2-3
Order to commence arbitration; stay of arbitration proceedings; procedure
Sec. 3. (a) On application of a party showing an agreement described in section 1 of this chapter, and the opposing party's refusal to arbitrate, the court shall order the parties to proceed with arbitration. Ten (10) days notice in writing of the hearing of such application shall be served personally upon the party in default. If the opposing party denies the existence of the agreement to arbitrate, the court shall proceed summarily to the determination of the issue raised without further pleading and shall order arbitration if found for the moving party; otherwise, the application shall be denied.
(b) On application, the court may stay an arbitration proceeding commenced or threatened on a showing that there is no agreement to arbitrate. Ten (10) days notice in writing of the hearing of the application shall be served personally upon the party in default. Such an issue, when in substantial and bona fide dispute, shall be forthwith

summarily determined without further pleadings and the stay ordered if found for the moving party. If found for the opposing party, the court shall order the parties to proceed to arbitration.
(c) If an issue referable to arbitration under the alleged agreement is involved in an action or proceeding pending in a court having jurisdiction to hear applications under subsection (a), the application shall be made in that action or proceeding. Otherwise and subject to section 17 of this chapter, the application may be made in any court with jurisdiction.
(d) Any action or proceeding involving an issue subject to arbitration shall be stayed if an order for arbitration or an application for an order for arbitration has been made under this section (or IC 34-4-2-3 before its repeal), or, if the issue is severable, the stay may be with respect to the issue only. When the application is made in such an action or proceeding, the order for arbitration must include such a stay.
(e) An order for arbitration shall not be refused on the ground that the claim in issue lacks merit or bona fides or because any fault or grounds for the claim sought to be arbitrated have not been shown.
(f) If the court determines that there are other issues between the parties that are not subject to arbitration and that are the subject of a pending action or special proceeding between the parties and that a determination of such issues is likely to make the arbitration unnecessary, the court may delay its order to arbitrate until the determination of such other issues or until such earlier time as the court specifies.
(g) On application the court may stay an arbitration proceeding on a showing that the method of appointment of arbitrators is likely to or has resulted in the appointment of a majority of arbitrators who are partial or biased in some relevant respect. The court shall then appoint one (1) or more arbitrators as provided in section 4 of this chapter.
As added by P.L.1-1998, SEC.53.

IC 34-57-2-4
Appointment of arbitrators by agreement or by court
Sec. 4. If the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed. In the absence of such an agreement, any method of appointment of arbitrators agreed upon by the parties to the contract shall be followed. When an arbitrator appointed fails or is unable to act, a successor shall be appointed in the same manner as the original appointment. If the method of appointment of arbitrators is not specified in the agreement and can not be agreed upon by the parties, or if agreed method fails or for any reason can not be followed, or if an arbitrator appointed fails or is unable to act and a successor has not been appointed within a reasonable time, the court on application of a party shall appoint one (1) or more arbitrators, who have all the powers of an arbitrator appointed according to the agreement.
As added by P.L.1-1998, SEC.53.



IC 34-57-2-5
Powers of arbitrators exercised by majority
Sec. 5. The powers of the arbitrators may be exercised by a majority unless otherwise provided by the agreement or by this chapter.
As added by P.L.1-1998, SEC.53.

IC 34-57-2-6
Hearings; time and place; notice; procedure
Sec. 6. Unless otherwise provided by the agreement:
(a) The arbitrators shall appoint a time and place for the hearing and cause notification to the parties to be served personally or by registered mail not less than thirty (30) days before the hearing. Appearance at the hearing waives such notice. The arbitrators may adjourn the hearing from time to time as necessary and, on request of a party and for good cause, or upon their own motion may postpone the hearing to a time not later than the date fixed by the agreement for making the award unless the parties consent to a later date. The arbitrators may hear and determine the controversy upon the evidence produced notwithstanding the failure of a party duly notified to appear. The court on application may direct the arbitrators to proceed promptly with the hearing and determination of the controversy. Any party may require that the hearing be recorded in a manner sufficient for appeal.
(b) The parties are entitled to be heard and to present any and all evidence material to the controversy regardless of its admissibility under judicial rules of evidence.
(c) The hearing shall be conducted by all the arbitrators but a majority may determine any question and render a final award. If, during the course of the hearing, an arbitrator for any reason ceases to act, the remaining neutral arbitrator or neutral arbitrators may continue with the hearing and determination of the controversy.
As added by P.L.1-1998, SEC.53.

IC 34-57-2-7
Right to representation by attorney
Sec. 7. A party is entitled to be represented by an attorney at any proceeding or hearing under this chapter. A waiver of the right to representation before the proceeding or hearing is ineffective.
As added by P.L.1-1998, SEC.53.
<> IC 34-57-2-8
Subpoenas for witnesses or documents; depositions; witness fees
Sec. 8. (a) The arbitrators may issue subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence, and have authority to administer oaths. In matters subject to arbitration between labor and management, neither party may subpoena or obtain an order for the production of the financial books, financial records, or documents pertaining to the income or financial condition of the other party. Subpoenas so issued shall be served, and upon application to the court by a party or the arbitrators, enforced, in manner provided by law for the service and enforcement of subpoenas in a civil action.
(b) On application of a party, the arbitrators may order the deposition of a witness to be taken for use as evidence, and not for discovery, if the witness can not be subpoenaed or is unable to attend the hearing. The deposition shall be taken in the manner prescribed by law for the taking of depositions in civil actions.
(c) All provisions of law compelling a person under subpoena to testify are applicable and enforceable upon application to the court.
(d) Fees for attendance as a witness are the same as for a witness in the superior court.
As added by P.L.1-1998, SEC.53.

IC 34-57-2-9
Award; form and copies
Sec. 9. (a) The award must be in writing and signed by the arbitrators concurring therein. It must include a determination of all the questions submitted to the arbitrators, the decision of which is necessary in order to determine the controversy. The arbitrators shall deliver a copy to each party personally or by registered mail, or as provided in the agreement.
(b) An award shall be made within the time fixed by the agreement or, if not fixed, or, if not agreed upon, within a reasonable time. The parties may extend the time in writing either before or after the expiration of the time. A party waives the objection that an award was not made within the time required unless the party notifies the arbitrators of his objection before service of a signed copy of the award on the party.
As added by P.L.1-1998, SEC.53.

IC 34-57-2-10
Modification or correction of award; procedure
Sec. 10. On written application of a party or, if an application to the court is pending under section 12, 13, or 14 of this chapter (or IC 34-4-2-12, IC 34-4-2-13, or IC 34-4-2-14 before their repeal), on submission to the arbitrators by the court under such conditions as the court may order, the arbitrators may modify or correct the award upon the grounds stated in section 14(a)(1) and 14(a)(3) of this chapter, or for the purpose of clarifying the award. The application shall be made within twenty (20) days after delivery of the award to the applicant. Written notice thereof shall be given forthwith to the opposing party, stating that the opposing party must serve his objections thereto, if any, within ten (10) days from the notice. The award so modified or corrected is subject to sections 12, 13, and 14 of this chapter.
As added by P.L.1-1998, SEC.53.

IC 34-57-2-11
Fees and expenses of arbitration


Sec. 11. The arbitrators' expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award.
As added by P.L.1-1998, SEC.53.

IC 34-57-2-12
Confirmation of award by court
Sec. 12. Upon application of a party, but not before ninety (90) days after the mailing of a copy of the award to the parties, the court shall confirm an award, unless within the time limits hereinafter imposed grounds are urged for vacating or modifying or correcting the award, in which case the court shall proceed as provided in sections 13 and 14 of this chapter. Upon confirmation, the court shall enter a judgment consistent with the award and cause such entry to be docketed as if rendered in an action in the court.
As added by P.L.1-1998, SEC.53.
IC 34-57-2-13
Vacation of award by court; procedure
Sec. 13. (a) Upon application of a party, the court shall vacate an award where:
(1) the award was procured by corruption or fraud;
(2) there was evident partiality by an arbitrator appointed as a neutral or corruption in any of the arbitrators or misconduct prejudicing the rights of any party;
(3) the arbitrators exceeded their powers and the award can not be corrected without affecting the merits of the decision upon the controversy submitted;
(4) the arbitrators refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to the provisions of section 6 of this chapter, as to prejudice substantially the rights of a party; or
(5) there was no arbitration agreement and the issue was not adversely determined in proceedings under section 3 of this chapter (or IC 34-4-2-3 before its repeal), and the party did not participate in the arbitration hearing without raising the objection;
but the fact that the relief was such that it could not or would not be granted by a court of law or equity is not ground for vacating or refusing to confirm the award.
(b) An application under this section shall be made within ninety (90) days after the mailing of a copy of the award to the applicant, except that, if predicated upon corruption or fraud or other undue means, it shall be made within ninety (90) days after such grounds are known or should have been known.
(c) In vacating the award on grounds other than stated in subsection (a)(5), the court may order a rehearing before new arbitrators chosen as provided in the agreement, or in the absence thereof, by the court in accordance with section 4 of this chapter, or,

if the award is vacated on grounds set forth in subsection (a)(3) or (a)(4), the court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with section 4 of this chapter. The time within which the agreement requires the award to be made is applicable to the rehearing and commences from the date of the order.
(d) If the application to vacate is denied and no motion to modify or correct the award is pending, the court shall confirm the award.
As added by P.L.1-1998, SEC.53.

IC 34-57-2-14
Modification or correction of award by court; procedure
Sec. 14. (a) Upon application made within ninety (90) days after mailing of a copy of the award to the applicant, the court shall modify or correct the award where:
(1) there was an evident miscalculation of figures or an evident mistake in the description of any person, thing, or property referred to in the award;
(2) the arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or
(3) the award is imperfect in a matter of form, not affecting the merits of the controversy.
(b) If the application is granted, the court shall modify and correct the award so as to effect its intent and shall confirm the award as so modified and corrected. Otherwise, the court shall confirm the award as made.
(c) An application to modify or correct an award may be joined in the alternative with an application to vacate the award.
As added by P.L.1-1998, SEC.53.
IC 34-57-2-15
Entry of judgment or decree confirming, modifying, or correcting award; costs
Sec. 15. Upon the granting of an order confirming, modifying, or correcting an award, judgment, or decree shall be entered in conformity therewith and be enforced as any other judgment or decree. Costs of the application and of the proceedings subsequent thereto, and disbursements may be awarded by the court.
As added by P.L.1-1998, SEC.53.

IC 34-57-2-16
Applications to court
Sec. 16. Except as otherwise provided, an application to the court under this chapter shall be by motion and shall be heard in the manner and upon the notice provided by law or rule of court for the making and hearing of motions. Unless the parties have agreed otherwise, notice of an initial application for an order shall be served in the manner provided by law for the service of a summons in civil cases.

<hr align="left" size="2" width="100%">
As added by P.L.1-1998, SEC.53.
IC 34-57-2-17
"Court" defined; jurisdiction
Sec. 17. The term "court" means any circuit or superior court. The making of an agreement described in section 1 of this chapter providing for arbitration in <st1:State><st1:place>Indiana</st1:place></st1:State> confers jurisdiction on the court to enforce the agreement under and to enter judgment on an award thereunder.
As added by P.L.1-1998, SEC.53.

IC 34-57-2-18
Application; proper court
Sec. 18. An application, as provided for in section 3(a) of this chapter, shall be made to the court in the county where the adverse party resides or has a place of business or, if the adverse party has no residence or place of business in this state, to the court of any county. All subsequent applications shall be made to the court hearing the initial application unless the court otherwise directs.
As added by P.L.1-1998, SEC.53.
IC 34-57-2-19
Appeals authorized; procedure
Sec. 19. (a) An appeal may be taken from:
(1) an order denying an application to compel arbitration made under section 3 of this chapter (or IC 34-4-2-3 before its repeal);
(2) an order granting an application to stay arbitration made under section 3(b) of this chapter (or IC 34-4-2-3(b) before its repeal);
(3) an order confirming or denying confirmation of an award;
(4) an order modifying or correcting an award;
(5) an order vacating an award without directing a rehearing; or
(6) a judgment or decree entered pursuant to the provisions of this chapter (or IC 34-4-2 before its repeal).
(b) The appeal shall be taken in the manner and to the same extent as from orders or judgments in a civil action.
As added by P.L.1-1998, SEC.53.

IC 34-57-2-20
Applicability of chapter
Sec. 20. This chapter applies only to agreements made after <st1:date month="8" day="18" year="1969">August 18, 1969</st1:date>.
As added by P.L.1-1998, SEC.53.

IC 34-57-2-21
Construction of chapter
Sec. 21. This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact similar arbitration statutes.
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