Lemon Law Attorney
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The rules she writes will affect folks from Bruce Springsteen - who was involved in a Wellington dispute over an $850,000 horse (A Boss Hoss?) - to Palm Beachers who buy thoroughbreds, to the dad who spends a few thousand on a horse for his daughter to ride in Jupiter Farms. Ms. Flack works for the Florida Department of Agriculture and Consumer Services. She is writing the rules - which will be the subject of a hearing Monday in Tallahassee - in large part because of legislation pushed by Earle Mack, a distinguished New York businessman and former ambassador to Finland who also owns a home in Palm Beach. Mr. Mack says horse-trading can be “a treacherous industry.” He should know, since he’s been involved with it for 45 years and has been burned a time or two. As veterinary science has advanced, so has the ability of nefarious sellers to conceal medical problems or artificially enhance a horse’s performance. As Ambassador Mack colorfully says, in modern times “you’re not going to put some mustard on your horse’s” - ah, nether regions - “so he’s going to go faster.” Today, horses can be juiced up with steroids or the anti-inflammatory phenylbutazone. So, Ambassador Mack pushed for legislation, passed last year, that he hoped would make it harder for the minority of dishonest horse sellers to conceal medical problems. He also hoped that the new law would make it harder for buyers and sellers to conceal their identities and to end a practice called “dual agency” in which a horse broker secretly takes a kickback from a seller while ostensibly representing the buyer. Unfortunately, the rules Ms. Flack wrote to implement the law “to prevent unfair or deceptive trade practices” don’t accomplish all that Ambassador Mack wanted. The rules fall short, according to a public relations firm that represents Ambassador Mack, in areas “such as regulations on steroids and other performance-enhancing drugs and ownership disclosure.” The rules Ms. Flack wrote certainly look weak. They don’t require a steroids test or a blood test of any kind. They don’t require the seller to provide a detailed medical history. They don’t even require the buyer and seller to be identified. No penalties, such as automatically voiding a dishonest sale, are specified. So, one civics lesson here is that, for both federal and state laws, a lot depends on how the implementing rules are written. In a spirited defense of the rules, Ms. Flack said most things critics wanted - such as testing for steroids and specific penalties for infractions - were beyond the scope of the legislation. She didn’t want to write rules that would require expensive medical tests and make it impossible for people of modest means to buy and sell horses. And without specific authority in the law, she couldn’t require the state to pay for it. She’s expecting people to be smart enough to insist on getting medical information and finding out who the real owners are. “I wouldn’t buy a used car from someone (if) I didn’t know the owner’s name,” Ms. Flack said. People spending tens or hundreds of thousands on a horse should have that much common sense. If they take the precaution of asking and are lied to, her rules would let them seek relief in court. I still think she erred on the weak side. And Ms. Flack agreed that some rules “could have been stricter.” However, “We did not stretch the envelope because we really felt the Legislature needed to be more specific.” She has a point. The statute she’s interpreting is barely 100 words long. So, there’s the second civics lesson. Lawmakers shouldn’t write mushy statutes that leave too many details up to the rule-makers. The solution? First, critics should challenge the rules to try to stretch that envelope toward more strict disclosure and testing. I think the law would allow it. But, ultimately, the Legislature would have to specifically authorize any comprehensive system. There needs to be much more discussion and back-and-forth between buyers who want more protection and sellers who don’t want more regulation. Call it legislative horse-trading. |
Florida’s Pet Lemon Law Protects Animal Lovers
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ST.AUGUSTINE, FL - The Dooley family has a disproportionate burden nine months puppies. “This is a big dog,” says Regina Dooley. “My son four years, the name of its Crunch,” she adds. “Crunch", a Victorian Bulldog. The Dooleys him last September and bought Crunch has its share of health problems. Regina Dooley said she was able, for other problems, but not the final diagnosis. “You diagnosed with dysplasia, and it is correct operation,” said Dooley. Doooley said that the veterinarian, it is costing as much as $ 1800 per leg Crunch to correct birth defects. Dooley she said immediate contact with the animal the shop and the owner agrees, it repays $ 1500, he said no. “I have no idea what happened,” said Dooley. The Pet Shop said the owner of the offer still. He said they expect to finalize plans Vet, Crunch’s correct health problems. The Pet Shop owner said that the registration is intended to reimburse medical expenses to the sale price of the animal. But they have not developed dogs. He offered the Regina Dooley 1500 dollars, and it acccepted the offer. “I am satisfied that everything has been resolved,” says Dooley. Dooley hopes wants is a lesson from the experience of other consumers. Pet Lemon Law gives the maximum of one year to recover, if the animal is a birth defects, provided that the consumer is not a waiver signed. The Pet Lemon legal implementation of the Florida Division of Consumer Services, and only for dogs and cats. To learn more about the law, call 1-800-HELP-FLA or 800-435-7352. The Pet Shop client, in this case indicates a Vet ensure that attention is needed Crunch, before going into a rest home. |
Premiership’s No12s promise bright future for England
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On the same weekend as the Super-14 of the team experimentation legal changes, the changes made by the southern hemisphere of the country, so that the game is more attractive, bathroom and wasps showed that there was nothing wrong with the existing rules and the way they complained to nine Cari afternoon on a high level of requirements of the Recreation Ground. Guinness Premiership mention, in countries such as Australia, and it is how someone with a lemon chewing. Words like dull, dour, boring spew dragged in both directions and England, two performances at the opening of the Six Nations are also proof that the changes to the law are necessary to bring an early change in the attitude in the country. The South, have all right to worry. England’s problems in the second half against Wales and Italy has had less to do with a lack of creativity behind him, as problems related to the distribution ensures fastball has been reduced to a gutter. Premiership shows that this is not to wait long before the national chief coach Brian Ashton’s ambition of a game based on width and pace is beginning to happen. It was a change in the Premiership in recent years. While England expression of the League if it won the 2003 World Cup - organizing, stressful, confrontation and strongly in the set-parties - the tournament has changed. It remains relentlessly physical, but played football and who finds himself in a difficult position: inside-centre. New Zealand have traditionally used inside-centre or “Second-five,” as they are called, as a hub of their creators. Lot of players are able to sub - Warwick Taylor, Little Walter and Aaron Mauger to name only a few examples over the past 20 years - but it was a footballer, whereas in other countries prefer boshers. Almost nine above all Premiership clubs are now within centres of the second five mold. Mauger is at Leicester, and it is no coincidence that the Tigers’ outside half Andy Goode now has much more variety to his game Shane Geraghty was sublime Leicester against London Irish last Sunday, before begin an injury to the leg. Like half James Hook outside Wales, it has the ability to create, possession from its own side, rather than turnovers. He is a class player who are rare, fitness can become a fixed point for England in the coming years. Wasps, findigen Riki Flutey, a New Zealander who meet the conditions laid down for England in the summer based on residency, and his back-up, Dominic Waldouck, has been excellent, with his bath at the time and conscience of space. Bath Olly Barkley himself outside a half old, while inside Gloucester’s Centre Anthony Allen, but is not an old 10, is a player of instinct and is able to react quickly , which is in front of him. Sale of New Zealand’s centre Luke McAlister to the outside world, but he pushes the team tactics in tandem with outer half Charlie Hodgson. Lee Thomas, the former Cardiff Blues’ fly-half, bringing the 12 jersey and Wales is someone who should be monitoring, while more verleumdete Andy Farrell is Saracens. The former Great Britain captain of the rugby league perhaps not the fastest back in the Premiership, but in the center is the perfect place for him to play and use his fußballerische brain directly. England are now 10-12 combination of Newcastle, Jonny Wilkinson and Toby Flood. The Falcons have thrive on turnover achieved in recent years, which are often so Wilkinson was not on the page, and while there are similarities between Flood and Geraghty, the past, heightened perception . But they are both attack minded, blessed with a sense of adventure. Most of the best clubs in the Premiership have a return to the former as director of rugby. Maybe Ian McGeechan, Brian Smith, Philippe Saint-André, Steve Meehan, John Fletcher and Alan Gaffney conservatives are not encouraging rugby and the idea that the law changes necessary to ensure that the game is England, the belts did not stand up to the expectation of control. The effect of experimental variations right may not be valued at a weekend down, but the goal kicking, was a consequence of the new Law on foot to reach directly added just to talk. It seems to be the assumption that the more the ball is in play, the better for spectators and television viewers, but what really matters is the quality. Ashton is under pressure again in England to wrap in failure in Wales and Italy, although such factors as mitigating injuries. But what is in front of England is quite another to the Götze, verspeiste miles to Australia five years ago and those who do not need the artificial stimulation of the law change. |
What wine goes with a taste for gin?
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My condolences to his sister one-in-law; Good Gin loves his nose while maintaining a dry Martini, just with the skin of a lemon, with Tonic - is not too close to half and half – Crowned with a hold of the fat content of lime. But the nose likes wine, or even more, so that you can, at the end, I see this as an opportunity for her. If your question: there is no fool, but he is one of the most difficult to raise the nose. A wine that tastes like gin, huh? My first passion was to attain one of my two colleagues and nose, to see that they have ideas. But the geekiest of my friends confessed wine geek, remained stunned. “I am afraid she has no chance,” said one. I too have to think: What is that the gin taste? Gin is a grain spirit with different aromatic compounds, including anise, angelica root licorice root, coriander, and Cassia bark. But basically the taste and smell of gin juniper berries, it reminds me of a cross between the needles of pines and lime, fun - ie, quite refreshing. Apart from this, the gin is still very dry - the most common type is known as London Dry Gin - and relatively mild and crisp. The question, then, is it after a wine, dass light, dry, crisp and taste like a cross between the needles of pines and lime peel. Indeed, it is - quickly. The light, dry and crisp is simple: describes most white wines from Austria, France, Italy, Spain and Portugal, not to mention its emulated in the United States, South America and Australia and New Zealand. The smell and taste of the Bay of juniper is a little more difficult. The first was to mind - or nose - New Zealand Sauvignon blanc. In recent decades, New Zealand winemakers have managed a franchise around the cluster Sauvignon blanc, a french, varieties that are now well planted in the world. The New Zealand versions of the general rule, there is a smell of juicy lime and grapefruit, and to a lesser extent, herbs and flowers. In other words, aromatics, every bit as seductive and complex as gin, although not quite the same thing. As for the “mouth” or texture, dry Sauvignon blanc is reliable, light and crisp, at least compared to an oak, at the age of Chardonnay. I would recommend your sister-in-law try it with a good “,” mid-range, such as the New Zealand brand Kim Crawford Sauvignon Blanc ($ 15 - $ 18). If it is used for Gin Tonic, perhaps want to pour the wine on ice, or even top it off with a bit of a twist Selterswasser and lemon Gespritzter style. (Note: Use only the outer shell of a lemon or lime if it is a Gespritzter, never a piece of any kind, as you would a Gin Tonic. What do you want, essential oils of the skin which are not very acidic juice, wine certainly ruins.) I am vermouths your sister-in-law can enjoy sauvignon blanc from other parts of the world as well. Two of the most famous white wines France - Sancerre and Pouilly-smoke - 100% Sauvignon blanc. They spend a little lighter and drier than those in New Zealand and have an incomparable taste often described as “perennials.” Expect to pay about $ 20 a bottle. Less expensive versions available are far from California and Washington State, as well as Chile - often for $ 10 - $ 12 a bottle, or even a little less. In are good examples of the Casa Lapostolle in Chile, Geyser Peak Hogue of California and Washington State. Outside Sauvignon blanc, your sister-in-law, you might also try gruner veltliner, a delicious white wine and refreshing of Austria, deserves greater attention in the United States; vinho verde, Portugal known dry white wine and Rias Baixas, white of the Spanish Albarino subtly aromatic grapes. For example, the only white wine I control away from him, Chardonnay, in particular, the serious, oak-genre in vogue at the age between winemakers from California and Australia. An exception to the rule would be Chardonnay, Chablis, as in the authentic art french. True Chablis - in the region of Chablis and to the east, south of Paris - is Chardonnay grapes grow in a cool climate and vinified with little or no exposure vis-à-vis the oak casks. The result is one of the most arid regions in the world, cleaner, more refined white wine, but also one of the most expensive: Prices start at $ 20 and a bottle of degenerating rapidly. In the end, of course, everything is a matter of taste, but you talk about gin or vodka vs Chardonnay Sauvignon Blanc, Chardonnay may vs Although the nose of the wine would be the last to involve gin, your sister-in-law, Love it. Who knows - maybe even a preference for red wine. Although I would be more apt to recommend a red to a former drinker of whiskey. I have a difficult time finding affordable wines, California, which I am really pleased. I am talking about $ 10 - $ 12 Cabernet varieties and merlots. Any suggestions? – James, New Brunswick I assume that you are referring, in particular red wine, in this case, I do agree with you. The nose had much more luck with the white wines from California, such as red, and I am not quite sure why this is so. My idea is that you ask for the “French Paradox” has received each change of red and white wines, California winemakers, of course, outsourced much of their production, from white to red. The problem is, red wines can be much more difficult to do, and many winemakers, wages I think I can say that you have not, what is needed, either in the quality of their production of wine vineyards or their abilities. But what I know for sure is that too many $ 12, $ 15 and $ 20, even Merlots and Cabernet varieties of California are too low acidity and taste, thanks to cluster, they picked before maturity are perfect, then at the death of High - Tech-caves, the most in common with a factory farms. In the $ 10 - $ 20 hand, you probably better to buy from Europe, even with the dollar is not as weak against the euro. Despite the single currency disadvantage, tasting red wines, I am of Europe these days - particularly in Italy, Spain and Portugal - often better value than California. Some examples: # 2005 Sangiovese di Bonizio Maremma, a good name Cecchi Tuscan producer. Beau sweet fragrance of fruit with a touch of subtle detractors. Medium body, complex aromas, smooth surface, perfectly proportioned to link with all types of pasta dishes and meat. # 2006 restoration “Old Vine Red” Wine of Portugal, a blend of cabernet sauvignon and tempranillo. A hint of raspberry jam in the “nose", with the full, fruity aromas and medium-sized food on the body. District # 2006 Spanish, a Spanish wine, the same blend of Cabernet and tempranillo, Spain’s classic red grapes. Attempting bouquet of aromas of fruit combined with a touch of the earth, followed by the mouth, the aromas and trapping soft and smooth surface. Rigatoni # red, a blend of the Italian region of Puglia, the heel of Italy, the luggage compartment. Okay, so dass name is clumsy, but the wine is ordered, a fearless, but smoothly couple of red-red with a pasta sauce. |
New Jersey Lemon Law Attorney Bob Silverman Honored in Statewide Poll
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New Jersey Lemon Law Attorney M. Robert Silverman, a founding partner of the lemon law firm of Kimmel & Silverman (aka 1-800-LEMON LAW) has been regarded as a Super 2008 in New Jersey Lawyer in a recent survey by Law & Policy Magazine. This is the fourth year Silverman has received this distinction, as well as lessons, and is the only lemon law attorney in New Jersey, in the spotlight. The results are published in the April 2008 edition of New Jersey Monthly. While the state, lawyers have been asked to coordinate the most effective for lawyers, they observed personally in the action, with the vote of the above mentioned Super getters lawyers. Only five percent of all lawyers in the country has received the award. Silverman has been set up for the first of the State Full-Service lemon rootstock and the support of more than 45000 Distressed free legal representation to $ 145 million for their clients. Kimmel & Silverman attorneys discussed in the courts in all districts throughout the southern, central and northern New Jersey Kimmel & Silverman made headlines, if successful, a decision by a Honda Camden County Superior Court, the limited warranty for the rights of tenants in New Jersey. This decision sets, to ensure that the tenants of New Jersey have the same lemon law and breach of the guarantee of the rights of people who buy their cars. He was also asked by the state to teach Silverman arbitrators and mediators, the foundations of New Jersey Lemon Law in a series of workshops, and it was as a “pioneer in the law on lemons” the Newark Star-Ledger. In the last seventeen years, the company has focused on six-Full-service offices in New Jersey, the eastern and western parts of Pennsylvania, Maryland (Link, Massachusetts, Delaware, and with a team of 18 lawyers, four certified automotive experts and a technician more than 40 employees. ’s Lawyers for the company have also successfully represented consumers against a number of car manufacturers in the class action adapted, and his practice as automobile dealership rights fraud and unfair trade practices in connection with litigation. “More recently, the company and offer services extended to the entire Ohio, Washington, DC, Rhode Island and Vermont. This is the latest honor for Kimmel & Silverman, lemon, including the right effort has been published in Consumer Reports, Kiplinger, USA Today, newspapers and hundreds of stories in the entire north-east . Your company is also the only law firm of lemon in the nation to be honored by the American Bar Association (recognition of merit, Louis M. Brown Award Legal Access). |
Color of Money Book Club
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This month’s Color of Money Book Club selection is “Dictionary of Financial Terms” by Virginia B. and Kenneth M. Morris (Lightbulb Press). The user-friendly dictionary features colorful illustrations to better understand finance. Post columnist Michelle Singletary and author Virginia Morris were online Wednesday, Aug. 18, at 1 p.m. ET to discuss the book. Morris is the editorial director for Lightbulb Press and oversees the editorial development of the books and Web content. She has written on a range of topics, including personal finance, investing and wine. She is the author and co-author of books such as “A Woman’s Guide to Investing,” “Guide to Choosing, Serving and Enjoying Wine,” “The Wall Street Journal Guide to Understanding Money and Investing,” the “SIA Guide to Investing” and “The Wall Street Journal Guide to Planning Your Financial Future.” Editor’s Note: Washingtonpost.com moderators retain editorial control over Live Online discussions and choose the most relevant questions for guests and hosts; guests and hosts can decline to answer questions. _____________ Michelle Singletary: Welcome all. We have a lot of questions so let’s get started. _______________________ Alexandria, Va.: Michelle, I’m looking into opening 529 plans for three nieces. But, like the earlier poster, I don’t have a LOT to put in, more like $100-$200 per kid per year. Is it worth it? My financial advisor/broker only contracts with one state’s 529 and that requires $50 per month or fees. Do you know if some states have less costly plans? And if so, where do I go to open one? Virginia Morris: One thing you might do is investigate an education savings account (ESA) for each child. Most places that offer an IRA are likely to offer ESAs. The fees may be less so more of your gift can be put to working compounding. You choose how the money is invested. The earnings are tax free if they’re used to pay qualified expenses. And you may be able to encourage other family members to add contributions as well, up to the $2,000 annual limit per child. Michelle Singletary: Also you should be aware that you don’t have to use the 529 plan being pushed by your broker. In fact, it may cost you more because you are going thu the broker. Go to savingforcollege.com to learn more about all the state 529 plans. You are free to use any state plan. Also one thing to keep in mind Va gives residents a tax break for contributing to a 529 plan in Va. (I think it’s up to $2,000. If you are worried you aren’t putting in enough money every year (and any amt is so kind of you anyway) talk to the parents of your three nieces and get them to put in money too. |
Buying and Selling a Car
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Mary Butler is managing editor at cars.com. She has more than a decade of automotive and personal finance experience and looks to empower auto shoppers so that they can make smart financial decisions. Very much a consumer advocate, Mary was part of the site development team that launched cars.com in June 1998. This discussion was about buying and selling a car. The transcript follows below. Editor’s Note: Washingtonpost.com moderators retain editorial control over Live Online discussions and choose the most relevant questions for guests and hosts; guests and hosts can decline to answer questions. _____________ washingtonpost.com: Good afternoon! Welcome to this special edition of Live Online. Today’s guest is Mary Butler, managing editor for cars.com, and she’ll be giving tips and advice on buying or selling a car. Cars.com is washingtonpost.com’s partner in our Cars section. Mary, thanks so much for joining us! Mary Butler: Hello, thanks for joining me in today’s discussion about buying and selling your car. Helping consumers find the car that is right for them - whether it be a new, used or certified pre-owned vehicle - is what we strive to do at cars.com. The tagline for our Advice section is “Learn More, Pay Less.” With that in mind, please be my guest and ask away. _______________________ Herndon, Va.: Actually, I’m just trying to give away a car. We have a 1990 Mazda 323 with 120,000 miles (no AC) that runs fine. We finally decided to get a new car to replace it. We know that the Mazda has zero blue book value, plus it has a sizeable dent on the front left side and the interior is somewhat beat up, but the guts of the car are solid and could really be of great use to someone in need of wheels. The problem is that we’ve found that a lot of charities won’t consider taking the car because of its low resale value. Do you know of any who aren’t as concerned about that as with getting the car to someone who really needs it? Mary Butler: Hello, thanks for joining me in today’s discussion about buying and selling your car. Helping consumers find the car that is right for them - whether it be a new, used or certified pre-owned vehicle - is what we strive to do at cars.com. The tagline for our Advice section is “Learn More, Pay Less.” With that in mind, please be my guest and ask away. |
Recourse for When That Sweet Ride Turns Sour
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Swing by Vince Megna’s neighborhood this week, and you may see his brand-new 2006 Corvette Coupe looking pretty in the driveway. Check out the “velocity yellow” exterior and ebony leather interior. The 400-hp LS2 6.0-liter V8 engine tops out at 186 mph and runs a zero to 60 in 4.2 seconds. Zoom zoom! Underneath, this baby packs a six-speed paddle-shift transmission with automatic modes. And inside it sports a Bose premium seven-speaker system, XM radio, MP3 playback, DVD navigation with color display touch screen and voice recognition. All that’s just car talk for one sweet machine. But, then, what would you expect the King of Lemon Laws to be driving? Some kind of jalopy? Don’t think so. See, there’s a reason Megna’s license plate reads “LEMN LAW.” Arguably he’s America’s foremost lemon-law lawyer. He’s the author of the 2004 book “Bring On Goliath: Lemon Law Justice in America” (Ken Press; $24.95), which evaluates the lemon laws of all 50 states and the District and advises consumers how to use them. And he and his Waukesha, Wis., law firm, Jastroch & LaBarge, have taken the wheel in more than 1,500 lemon-law cases over the past 16 years and lost only nine. In cases where Megna made the final argument, he has turned lemons into lemonade all but twice. And when it’s his own family cars gone bad, he’s six for six. That just-delivered ‘06 ‘Vette is his latest trophy in a continuing mission on behalf of consumers who have bought new autos that turn out to be defective and irreparable clunkers. “I really do love Corvettes,” says Megna, who soured on his 2004 blue Corvette after 17 months of charge-system problems that made the ignition a chug-o-thon and driving it a breakdown risk. After only 900 miles on the odometer, that dang warning started lighting up the dash when Megna started the car. His Chevy dealer changed the alternator. Same thing happened a month later. Then again and again until it got to be regular. “They didn’t know what it was,” says Megna. “They never did figure it out.” But General Motors knew who Vince Megna was. GM, he says, has lost some 650 lemon-law cases to Megna’s firm – and won zero. By the time Megna squeezed Wisconsin’s consumer-friendly lemon law on his own behalf in November, giving the automaker 30 days to offer a new car or his money back, or head over to the courthouse with him and risk paying double damages plus attorney fees, GM had already asked him what he wanted. “So I’m getting an ‘06,” says Megna, delighted. “They didn’t give me a hard time at all. GM would do better if they treated other people like this – although GM isn’t the worst.” |
Letters for PC World, June 2006
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My home wireless network has WPA encryption. I chose an iPaq hx4700 Pocket PC unit mainly for that reason–it was then one of the few handheld models to support WPA security. Reviews for any wireless product should include mention of the types of security it supports. This will help readers choose a secure and compatible product, and will show vendors that encryption levels are gaining consumers’ attention (and perhaps it will push vendors to include more than just the weak WEP). April’sAnswer Line[” April’sAnswer Line["Stop Would-Be Notebook Thieves in Their Tracks “] suggests putting your laptop between your legs for security–but this should not be an option unless you keep the machine visible. One of my coworkers had his laptop stolen when he put it underneath a table between his legs. He was wearing heavy winter boots and didn’t feel a thing. I was pleased that the column mentions tracking software for laptop recovery, specifically Computrace from Absolute Software . Our son’s laptop and those of his two roommates were stolen from their University of Maryland dorm room late last year. Our son’s notebook was recovered a few weeks later, thanks to this program. Unfortunately, his two roommates were not so lucky, as their portables lacked Any tracking application. The article ” The article “Find a Good Home for Your Home Page ” [Consumer Watch, April] left out one important point: You should always register your site’s domain name yourself. Do not rely on the Web hosting company to register it for you, even if it offers to do so for free. I received a domain name for my personal Web site as a bonus for signing up with my hosting company. I was very pleased with both my site’s availability and the quality of technical support. However, the company failed to renew my domain name in a timely manner, and the name was snatched up by a third party that demanded $1888 to return it. While admitting its error, my hosting company would not meet this demand–so I had a Web site without a domain name, rendering it inaccessible. |
A Few Considerations Before Buying a Luxury Vehicle . . .
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Most repairs and regular maintenance will probably be covered by warranty for at least the first few years, but you may still end up at the dealership fairly often, so think twice before picking one 30 miles away. You can get recommendations in online forums such as Edmunds.com. While at the dealer, ask about service: ? How many service bays are there? ? Is there expedited service for minor repair issues? ? Do they automatically set you up with a loaner car? Resolving Disputes If the mechanic at the dealer can’t or won’t fix something, make sure your complaint is noted in the service record. In case you later have a dispute with the dealer or the manufacturer, any evidence that you tried to get the problem fixed may help if you are seeking reimbursement. If you can’t resolve your differences, you have several options: ? The Better Business Bureau’s Auto Line program ( http://www.dr.bbb.org/autoline/ ) and your local consumer protection office may be able to mediate disputes. ? Check for a manufacturer’s hotline in the owner’s manual. Some luxury carmakers investigate complaints called in by owners. ? If none of the above works, you can take a dealer or manufacturer to small-claims court or hire a lemon law attorney. |
Court Denies Automaker’s Bid For Sales Tax Refund
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Maine’s highest court ruled Tuesday that DaimlerChrysler is not entitled to a refund of sales tax reimbursements it made to consumers when it repurchased their defective vehicles under the Maine Lemon Law. The Supreme Judicial Court denied the automaker’s bid to recover the nearly $51,000 in sales tax it refunded to owners of 58 vehicles it replaced or repurchased between 1996 and 2003. The Maine Lemon Law requires manufacturers to provide refunds or replacements for new vehicles when a substantial defect cannot be repaired. Refunds include all “collateral charges,” including sales tax and registration fees. DaimlerChrysler sought refunds under a state law that allows taxpayers to apply for them in cases involving overpayments. The court, however, rejected the company’s claim that it qualifies as a taxpayer, saying it does not pay taxes to the state and thus does not meet that definition. |
What Now For Amherst Sinking Homes?
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Cracked foundation, split bricks, a hole big enough to put your fist through. Residents in Amherst want to know what now? “It’s a state where we have a lemon law for cars but not for homes,” says Darlene Torbenson, an East Amherst Homeowner. Hundreds jammed Monday night’s Town Board meeting, where the Town Board voted 5-to-2 not to impose a building moratorium for new housing. Developers claim a moratorium on homebuilding would stigmatize Amherst and kill the local economy. Homeowners claimed that no doing it and risks uncertainty and could kill the economy that way. Torbenson says the shifting and sinking of her home dropped the assessed value from $130,000 when she bought it to $42,000 at the end of last year. Board Member Jane Woodward voted against the moratorium. What does she think should be done to help Darlene Torbenson and hundreds like her? “The best thing we could do to help them is give them money, and we have no money,” says Woodward. Amherst has new building and soil regulations. But short of homes being declared a federal disaster area, there seems little that can be done. The army corps of engineers is doing a study on the problem. The study should be completed sometime in December. Free Morning, Afternoon and Breaking News Emails available by clicking here! |
Court Puts the Squeeze on Lemon Law
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For sixteen years, New York’s Lemon Law has helped people with problem vehicles. But now anyone who wants to file a complaint with the Attorney General’s office to use the program can’t. That’s because the State Supreme Court has issued a temporary restraining order against the program. It follows a lawsuit by several manufacturers. Ken Schoetz, Assistant New York State Attorney General: “The action was brought by several car manufacturers – Daimler Chrysler and GM – to try and make the law less friendly to consumers.” Assistant Attorney General Ken Schoetz expects the matter to remain in court for several months before it’s settled. But even though you can’t file a complaint with the Attorney General’s office under the Lemon Law, you do have another option. The Better Business Bureau offers their Autoline arbitration program. David Polino, Better Business Bureau: “The parties are not bound by the formal court rules of evidence. You can have an attorney or represent yourself. You make your case, the manufacturers make theirs, and the arbitrator makes a decision.” Most of the car manufacturers participate in the program except for Daimler Chrysler and Ford. Usually the hearings are held at the Better Business Bureau’s offices on Delaware Avenue in Buffalo. There is no charge for their service. To go to the Better Business Bureau’s website for more information on Autoline, just click on the link in the box at the right. |
One Stop Car Shopping Online
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Car buying can be a chore regardless of whether you’re buying a new or used vehicle. But now the Better Business Bureau is trying to make the whole experience a lot easier. They’re teaming up with J.D. Power and Associates on their website to create a one-stop shopping center for car buying. You can use the J.D. Power information to view their ratings for a vehicle. Then you can check up on a local dealership with the BBB’s ratings. Once you’ve decided on the kind of vehicle you want from the Power ratings, you type in your zipcode and indicate how far you’re willing to travel in the area-for example, 10 or 20 miles. You’re then given a list of dealerships that receive a satisfactory rating from the BBB.In many cases these are also dealerships committed to arbitration.That supplements any protection you may get from New York State’s Lemon Law. In addition to car buying, you can also find information about car insurance, warranties, and the Lemon Law. You can even file a complaint on this website. To visit the Better Business Bureau’s web site, just click on the link. |
Illinois Lawmakers Consider Lemon Law
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Last week the Illinois House passed a cell phone “lemon law” enabling consumers to break their contract with a carrier, without financial penalty, if their handset develops problems on three or more occasions. The bill also allows consumers to upgrade or downgrade defective phones without breaking their contract or incurring penalty charges. “When someone buys a cell phone that turns out to be defective, they have to go back to the provider for a repair or replacement,” Rep. Susana Mendoza, the politician who promoted the law, said in a statement. “When this happens repeatedly, it burdens customers both in terms of time and money lost, but also with increased frustration. Cellular providers have an insufficient incentive to be responsive because the consumer is usually locked into a long-term contract.” The bill, which was approved 72-43 in the House, now heads to the Senate for consideration. A portion of the bill that would have required carriers to pay $25 to consumers for each day the handset was not functioning or the network was not working properly was rejected. CTIA objected to the bill as unnecessary. “Wireless consumers have an abundance of choice when it comes to hand-held devices and surveys consistently show they are satisfied with both the operation and functionality of their handsets. It is the rare exception and certainly not the rule for a device to malfunction,” Joe Farren, a spokesman for CTIA, said in a statement. |
Maybe Nebraska needs a ‘lemon law’ for new age equipment
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My personal experience with new cars is fairly limited. I much prefer to drive a “pre-owned” vehicle. That way I can’t be responsible for taking the “new” out of “new car. One of the good things about a new car, though, is the protection afforded to owners by Nebraska’s lemon laws. The laws provide protection for new vehicles for which a title is required. They cover the expressed warranty period or one year, whichever occurs first, and take effect after four repair attempts or 40 days out of service. If the vehicle cannot be conformed to the express warranty, the manufacturer is required to replace the motor vehicle with a comparable vehicle or return the full purchase price, including all sales taxes, license fee, and registration fees. Nebraska does not have lemon laws pertaining to farm equipment, but North Dakota passed such a law in 2001 that pertains to self-propelled farm machinery. It’s similar to Nebraska’s lemon law for motor vehicles. New York is currently considering a lemon law that would also cover tractors, combines, balers and other farm equipment. The legislation was proposed by Assemblyman Clifford Crouch, a former dairy farmer with a farming constituency who is concerned about skyrocketing costs to repair bad equipment. Nebraska law does require tractor manufacturers to obtain a permit to sell tractors in the state. In order to obtain a permit, the tractor must be tested by the Nebraska Tractor Testing Lab or another lab approved by the international Organization for Economic Cooperation and Development. The tests assure the tractors meet the manufacturers’ claims for horsepower and other criteria. However, the law does not protect producers from tractors that turn out to be lemons because of a manufacturing or assembly oversight or other malfunctions. Nowadays it’s not difficult to spend $150,000 for a new tractor or $225,000 or more for a new combine. You spend that kind of money, you want a machine that performs without a whole lot of headaches. Farmers pride themselves on their ability to fix anything, but just like with cars, the technology in some new farm equipment needs very specialized expertise. When good new farm equipment goes bad, a farmer can easily be looking at a $10,000 repair bill. When that happens, farmers definitely feel squeezed. Maybe it’s time for Nebraska to consider an ag equipment lemon law to help protect their considerable investment. |
Into the Red With Luxury
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The sticker on the window of a 2006 Range Rover Sport HSE parked inside Rosenthal Jaguar at Tysons Corner lists a few choice selling points: a child seat sensor, voice-activated controls and heated windshield washer jets – all for an asking price of $59,350. A more comprehensive list for buyers to consider might read something like this: $1,741 for a new headlight, $600 to replace a cracked windshield – and the instant respect of valets and your little brother’s friends. Call it the unconscious cost-benefit analysis of the luxury car buyer. It’s a calculus more of us find ourselves making. Luxury vehicle sales in the United States have nearly doubled over the past decade, to 1.5 million in 2006, according to Edmunds.com, a consumer automotive Web site. About 50,000 new luxury models are registered in the Washington area every year, according to R.L. Polk & Co., a Michigan firm that tracks the auto industry. Many owners quickly learn, however, that the higher cost of owning a premium ride doesn’t end with the sticker price. There are fancy-but-finicky electrical gadgets and heftier insurance premiums because of expensive parts, according to auto quality and insurance experts. And yet, luxury automakers such as Mercedes-Benz and BMW post record sales year after year, even as non-luxury brands close the gap in quality and reliability. “There really are no bad cars or trucks sold right now,” said George C. Peterson, president of the marketing consultancy AutoPacific Inc. “The range in research ratings . . . has narrowed consistently for the past 20 years.” That raises an obvious question: Why are consumers choosing to upgrade to premium brands when they have more opportunities than ever to get the same quality for less money? Market researchers say the leveling of the playing field in terms of quality is exactly what’s driving people to luxury brands. Because there’s less difference in overall quality, consumers find other reasons to buy a car, said Wes Brown, an analyst with Iceology, an auto industry consultancy in Los Angeles. “There’s an expectation of quality whether I’m spending $20,000 or $100,000,” he said. “There are other things I’m looking for, like the power of the brand. Is it worth it to me? Do I like how it makes me feel about my station in life?” Brown said. “People nowadays are looking to have an emotional connection with their vehicles.” Ellis Covington, 37, who runs a mortgage company in Glen Burnie, owns two sedans made by Mercedes, a brand he has long revered. “It’s personal,” he said of his preference for luxury vehicles. “It’s what’s ingrained in your mind.” Covington also owns a Hummer H2 he bought on impulse and has his eye on a third Mercedes. “I say you only live once,” he said. “You should do it.” Sleek styling and sophisticated features, such as 17-inch Belize wheels and a finished Burl Walnut dashboard, have always separated luxury cars from their more pedestrian cousins. But what increasingly sets luxury cars apart are technological gizmos such as adaptive cruise control (it adjusts the car’s speed relative to the car in front of you), Bluetooth wireless technology (so you can leave that cellphone ear piece at home), and voice-activated controls (so you don’t have to lift a finger). Living on the cutting edge, however, comes at a price. The very gadgets that make luxury cars special can become gremlins that, in some makes, keep them in the shop. Electrical problems were partly to blame for Mercedes recalling 1.3 million cars last year. “Electrical issues are the biggest bone of contention” and are most often a source of mechanical glitches with luxury cars these days, especially in non-Japanese brands, said David Champion, senior director of Consumer Reports’ auto test division. This year marked the first time that luxury car brands didn’t dominate the vehicle-dependability study by consumer research firm J.D. Powers & Associates. Toyota’s luxury brand Lexus was first, and Cadillac was fourth. The rest of the spots were claimed by Toyota, Mercury and Buick, said Neal Oddes, director of product research and analysis. “The extra stuff you don’t have to have in a car – that’s what’s giving [owners] grief,” said Gus Mohammadi, owner of Eurosport Motors in Rockville, which specializes in Porsche repairs. “There’s no essential major problems with them. It’s the little stuff people paid a lot of money for.” |
Values, points of view separate towns
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If you voted for President Bush in 2000, you might well live in a place like Franklin, Tenn., a sprawling Sun Belt suburb with a distinct Bible Belt flavor. Its horse and dairy farms are giving way to subdivisions and strip malls, but its values remain rooted in tradition. Donna Reed and Fred MacMurray would have seemed right at home in Montclair, N.J., where street after street is lined with big shade trees, well-tended gardens and perfectly painted Victorian and Tudor homes. But the 1950s look belies an urban sensibility that was the common denominator among people who voted for Al Gore in 2000. Red zone meets blue zone. Post-election analysis revealed an America split by conflicting core beliefs on guns, abortion, the role of religion and the role of government. But it’s not only heavy ideology that divides us. |
California adds to reputation as nation’s trailblazer
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California has enacted first-in-the-nation laws this year on family leave, auto emissions and stem-cell research, lending credence to the saying that wherever America is going, California will get there first. California rivals Washington, D.C., as an epicenter of change because of its size (34.5 million people, more than any other state) and economic clout (sixth-largest economy in the world, with a gross state product of $1.3 trillion). Lawmakers elsewhere look at California laws for direction. “If it works in California, it is likely to work in states throughout the country,” said Larry Sabato, director of the University of Virginia Center for Politics in Charlottesville, Va. “The states are the laboratories for democracy, and California is the chief laboratory.” When the state passed the nation’s first “lemon law” in 1982 to protect consumers who buy cars with serious defects, the measure became the model for similar laws in all 50 states. California enacted the nation’s first ban on assault weapons in 1989; it was quickly adopted in six other states and led to a federal ban in 1994. California’s 1970 Clean Air Act is still the toughest in the nation. National firsts in California this year include a law explicitly allowing embryonic stem cell research, the country’s toughest auto emissions laws and a requirement that 20% of the state’s power come from renewable energy sources by 2017. Earlier this week, Gov. Gray Davis signed the nation’s first comprehensive paid family leave law, which allows workers to leave their job for up to six weeks at 55% pay to care for a newborn, newly adopted child or sick family member. Also, the gun control movement successfully pushed a measure this year making California the first state to repeal gun manufacturers’ special immunity against lawsuits. Davis is expected to sign the bill this week. “What we do here has tremendous impacts both in the message we send and its immediate impact on the health and safety of a large group of Americans,” said Luis Tolley of the Brady Campaign to Prevent Gun Violence. Because of California’s reputation as a liberal state, it often attracts interest groups that can’t get what they want from Congress. “Proponents of environmental laws and corporate reform that aren’t willing to wait come to California,” said Dan Jacobson, legislative analyst for the California Public Interest Research Group. “The Congress often looks to the states to figure out how to deal with important issues. It helps tremendously to pass important bills in California.” Similarly, lobbyists wanting to stop legislation in other states often look to California as their battleground. Nearly one-third of the estimated $565 million spent lobbying state lawmakers nationwide in 2000 was spent here, according to the Center for Public Integrity in Washington. Auto industry lobbyists launched a multimillion-dollar campaign this year in a failed bid to prevent the nation’s first restrictions on carbon dioxide emissions. California’s automobile rules tend to become the standard for the entire industry. Because California is the nation’s largest auto market, automakers sometimes find it too expensive or difficult to build a California-only car. The banking industry was able to block legislation this year that would have allowed customers to prohibit companies from selling their personal information. Sometimes California trends don’t catch on. A 1975 law that gives farmworker unions the option of bringing their case before a judge if growers do not bargain fairly is still the only of its kind in the nation. “Among some legislators, the very fact that it comes from California makes it suspicious,” said Karl Kurtz, director of state service at the National Conference of State Legislators. |
Calif. senators want decertification of e-vote systems
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Citing problems in last week’s primary election, two leading senators Thursday asked the secretary of state to decertify the use of touch-screen voting systems for the upcoming November election. “California has a lemon law which protects consumers if they buy an automobile that doesn’t work. So far, electronic voting in California is a lemon. It needs to be fixed,” said Sen. Ross Johnson, R-Irvine. Electronic voting machines have been controversial almost since their invention. Some computer scientists say the systems leave elections vulnerable to hackers, while other critics say that because most electronic voting terminals do not produce paper records, there’s no way to ensure accurate recounts. There’s also a concern that system problems in California could lead to voter confusion like that surrounding the 2000 presidential election in Florida. In the March 2 statewide election, where 14 counties used touch-screen voting systems, the number of system failures was “alarming,” said Sen. Don Perata, D-Oakland. Perata cited San Diego County, where touch screens failed to start properly, causing delays up to two hours in some polling places. In Orange County more than 7,000 voters were given incorrect electronic ballots, and 573 polling places across the state acknowledged they had glitches in their systems, Perata said. “March 2 was a test flight for the widespread use of these touch-screen voting machines in the state and I think it’s fair to say from the evidence so far that the test flight crashed and burned,” Perata said. Warning that California could become the “Florida of 2004,” the senators requested that Secretary of State Kevin Shelley decertify the touch-screen system for the general election and ask counties to use paper ballots instead, “until, unless and until, we are truly satisfied that they are producing accurate results that reflect the will of the voters,” Johnson said. But Mischelle Townsend, the registrar of voters in Riverside County, which has used the machines since 2000, disagreed. “E-voting equipment has been used successfully in this nation and around the world for over 15 years,” Townsend said. “I truly believe that this is the best system available to the electorate in terms of improved accuracy, efficiency, and reliability, as well as accessibility.” Technology problems during the primary and other issues show California isn’t ready for the technology, said Kim Alexander of The California Voter Foundation. Poll workers are essentially volunteers with limited training, and often aren’t able to help voters having difficulty with the machines. Voters have also complained of having less privacy when they use the screens. “Putting 21st century voting equipment into a 19th century voting system is a recipe for disaster,” Alexander said. There’s always a learning curve with any new voting system, said Alfie Charles, vice president of Sequoia Voting Systems. He said his company’s touch-screen system worked well in the six California counties that used it. “I don’t think this a time to move away from the technology, it’s time to refine the process to prevent problems in future,” Charles said. Doug Stone, a spokesman for the secretary of state’s office, said Shelley shares some of the senators’ concerns but wants “an in-depth and comprehensive review of what worked well and what didn’t work well in all 58 counties. Based on that information he’ll be in a better position to determine what steps, if any, need to be taken.” Nationwide, at least 50 million people will vote on touch-screens in November, compared with 55 million using paper, punch cards or lever machines, according to the Washington, D.C.-based political consulting firm Election Data Services. |