We’ve all heard the saying “what happens in Vegas stays in Vegas.” Yet, it might not.

Here’s another saying for you: “What begins in California could spread throughout the country.”

Today’s story will be of special interest to personal injury (PI) lawyers who run settlement mills and plaster billboards near airports, on buses and buy TV ads that proclaim something along the lines of, “Hire me! I get millions of dollars for my clients!”

Often, attorneys in these ads say, “I care. Call me.” But good luck getting them on the phone to talk to you — ever!

State bars across the country apply terms such as “misrepresentation,” “dishonest” and “false advertising” to ads that promise direct attorney access (“call me”) when clients are able to reach only non-legal staff or automated systems.

These settlement mills routinely deliver cookie-cutter, one-size-fits-no-one, substandard legal representation, not to mention those who engage in fraud.

But now they’re being taken on, and their efforts are aimed directly at the lawyers’ bottom lines via legislation that should give crooked PI attorneys nightmares.

Uber fights back

Uber has filed civil RICO (Racketeer Influenced and Corrupt Organizations Act) lawsuits in federal courts against several personal injury law firms and affiliated medical providers in California, New York and Florida.

I discussed these suits with a friend of this column, Southern California attorney Shawn Steel, who represents personal injury victims and has taught ethics and jurisprudence courses to doctors-in-training at Cleveland Chiropractic College since 1991.

The basis of Uber’s allegations, according to Steel: Uber alleges a conspiracy to artificially increase claim values by creating evidence of injury, staging accidents and fabricating damage. Clients are steered to medical providers who perform or recommend unnecessary procedures to run up treatment bills.

The lawsuit takes the business model of personal injury mills head on. Uber is especially vulnerable to these schemes because it is required by some states to have insurance policies with much higher limits than those of individual drivers — even taxi cabs.

“The more insurance available, the greater the claim value if you’ve got the medicals,” Steel underscores.

However, it must be noted that Uber customers in California and other places that have high insurance limits are the ones bearing the burden of higher insurance premiums because they’re charged higher fares.

“Uber is using the RICO statute,” Steel notes, “which is aimed at prosecuting organizations engaged in a pattern of racketeering activity, and if successful, this could establish a precedent for corporations to fight back against what they allege — and can prove — is fraudulent activity.”

A ballot measure to protect consumers

In October, Uber filed a proposed California ballot initiative, called the Protecting Automobile Accident Victims from Attorney Self-Dealing Act, aimed at protecting consumers from what it claims are predatory practices by some personal injury lawyers.

If this measure gets on the ballot in November 2026 and passes, it will be a tsunami for PI mills and medical providers who have relied on an endless stream of attorney liens on settlements to pay their inflated bills.

There is real, palpable fear of similar initiatives spreading throughout the country, hitting personal injury lawyers in the pocketbook.

Supporting documentation for the ballot initiative notes that it would ensure victims keep at least 75% of a settlement or judgment by restricting arrangements between attorneys and health care providers and eliminating financial incentives for attorneys to inflate medical expenses.

Attorneys would also be prohibited from receiving kickbacks from or paying kickbacks to medical providers who refer their patients.

No more ‘I charge what the market will bear’

The initiative would tie recoverable medical expense damages to standardized rates.

Medical costs would be based on Medicare or a national database rather than the actual bills from lien-based providers. This would eliminate situations where accident victims are sent to doctors who are comfortable with charging hugely increased rates because their friend, the attorney, ensures payment with settlement liens.

So, if this initiative passes, excessive medical charges would not be fully recoverable regardless of what providers bill.

Criticism from consumer advocates

As would be expected, personal injury attorneys are gearing up for a huge battle in the media.

Consumer Attorneys of California (COAC) calls the initiative misleading, saying it undermines accident victims’ ability to secure strong legal representation. It also argues:

• That the limit on fees discourages attorneys from taking complex cases, leaving victims underrepresented

• That the case is nothing more than a corporate liability shield, not consumer protection

What this means for consumers

Regardless of whether the initiative becomes law, if you need an attorney after being involved in an auto accident, your best way of finding a reputable one is the tried-and-true referral from friends, family or other lawyers.

Read online reviews on sites like Google, Avvo, Martindale-Hubbell and Yelp. Pay more attention to the two- and one-star reviews — the details in the negative reviews are more important for you to know than the glowing praise.

Be sure the lawyer has a local office, not just a phone number. You might want to even go there to make sure it exists.

Most important of all, over the phone or with a paralegal or the law firm’s investigator who comes to your home and interviews you about the accident, say, “I expect to deal with and speak to (the name of the attorney) and meet with them in person.” Write this on the retainer agreement. Then, if it does not happen, you will have strong grounds to fire that law firm.

If you are dealing with a settlement mill, those requests will be refused.

If anyone gives you any trouble, call me. You can reach me at (661) 323-7911, or send me an e-mail at Lagombeaver1 @ gmail . com.

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

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If you are about to buy a major appliance from Lowe’s or Home Depot, you might want to read this story first and take a moment to consider how angry, frustrated and upset you would feel if what happened to Southern California resident Bill Bright happened to you.

Based on what Bright has told me about his experience (backed up by receipts and emails), it appears Lowe’s, the nation’s largest appliance seller, doesn’t have its customers’ best interests in mind when the major appliances it sells fail within days after delivery.

Here’s the question that many shoppers never think to ask before purchasing a major appliance: What’s the return window?

What would you consider fair? What’s reasonable in view of the well-known fact that some appliances have latent defects that are not immediately apparent? A month? Two months? Or maybe even three months, which is Costco’s return policy?

Lowe’s slashed the return window for major appliances

While this is not a new policy for Lowe’s, it’s new to me, and customer Bright was not aware of it when he bought his fridge. In 2022, the home improvement chain cut its return window from 30 days to 48 hours for virtually all major appliances.

Check it out in bold print on the Lowe’s website. The clock begins running at the time of delivery or store pickup.

Lowe’s is not alone: Home Depot has the same policy, as do some regional appliance dealers.

Why would retailers do this, especially major ones like Lowe’s and Home Depot?

According to the April 8, 2022, edition of the appliance trade publication YourSource News: “According to sources, the new policies were initiated to help (Lowe’s) increase margin on its white-goods assortment.”

Other comments online, such as on a Reddit post, suggest one reason for the policy is that retailers are trying to block customers from using new appliances as rentals and then returning them weeks later. Which, of course, is not fair to the retailers, but the majority of customers are not doing that.

So under this 48-hour return policy, if you have an issue with your new appliance, you, the customer, must deal with sometimes frustrating service people sent by the manufacturer, because large retail chains have decided they don’t have to help customers who were unlucky enough to purchase a defective appliance from them.

That’s exactly what Bright experienced.

As an aside, while Lowe’s is not alone in implementing this policy, it doesn’t seem consistent with CEO Marvin Ellison’s “helping hands” philosophy.

According to reporting by Glenn Burkins, publisher of the Charlotte-based QCity Metro, Ellison said at a January 2025 Charlotte event, “Growing up in rural Tennessee, when your neighbor needed something, you helped them out. You couldn’t live well (when) your neighbor didn’t. That was something that was unconscionable where I grew up.”

It is clear that Ellison understands the difference between what is conscionable — just, moral, fair — and the opposite — unfair, not helping your paying customers, placing profits over people.

If Ellison practiced what he preaches and saw to it that Lowe’s treated its customers in a conscionable way, you would not be reading this article.

But back to Bright’s frustrating story.

Brand-new refrigerator failed, followed by weeks of hassle (and no fridge)

Bright’s nightmare began when his new Frigidaire side-by-side refrigerator was delivered on March 12. He allowed 24 hours for the fridge to reach operating temperature before food was placed in it.

“On Saturday, March 15,” Bright told me, “I found water on the floor, and the freezer was completely defrosted. I was unable to reach anyone at Lowe’s, but computer automation referred me to Frigidaire.

“On Monday, I called Frigidaire again, asked about getting the fridge repaired or exchanged. I was told that Lowe’s would not to take the refrigerator back as it had been more than 48 hours from the date of installation.”

Thus began his adventure, including Lowe’s corporate office refusing all help because of the 48-hour return policy for major appliances.

Bright said that over a period of more than two months, 15 different repair technicians were sent to his home by Electrolux, the maker of Frigidaire products. They changed part after part, but Bright still did not have a functioning refrigerator.

He would have been spared the hassle and expense of having to eat out if Lowe’s had simply refunded his money or swapped refrigerators, as it had done for years before 2022. Electrolux also could have helped Bright out by replacing the fridge when it became obvious it was defective.

Finally, Lowe’s comes through

In late May, a technician “condemned” the refrigerator, but Bright was once again put through delay after delay in receiving a promised refund from Lowe’s.

He said the store continued to treat him poorly, offering far less than the full cost of the refrigerator.

I got involved, in effect telling Lowe’s that their offer was an insult, and they finally agreed to a full refund.

Bill then bought a Whirlpool refrigerator from Costco, which, as mentioned before, has a return policy of 90 days.

“What upset me the most,” Bright said, “was Frigidaire acting as if nothing was wrong. I was without a fridge for 94 days.”

I reached out to Lowe’s to get an interview on this subject, and with CEO Ellison, but have yet to get a response. This article will, of course, be updated if and when the company does respond.

What can potential appliance buyers do to protect themselves?

First, always ask about a store’s return policy on the specific appliance you’re purchasing. You can also research a retailer’s policy online — most display it on their website.

Second, just because a return policy for a new major appliance is 48 hours doesn’t mean that a court will accept that as reasonable.

Forty-eight hours is clearly not reasonable and could be declared unconscionable. Under the Uniform Commercial Code (UCC) § 2-302, courts may refuse to enforce unconscionable contracts or clauses.

A customer could pursue a case in small claims court alleging that the refund clause was unconscionable and violated the UCC. Generally, retaining an attorney to do this wouldn’t be necessary.

AI chatbots such as ChatGPT, Google Gemini or Microsoft Copilot, can provide a great deal of useful information on this subject, which, if you were to take an appliance seller to court, could help in a big way.

If you do, please let me know the outcome.

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

The post Bill Bought a Fridge, and Then His Nightmare Began appeared first on Dennis Beaver.

“Mr. Beaver, I am the victim of a vagus nerve stimulation (VNS) scam.”

Vagus nerve scam?

Most of us know about vagus nerves from high school biology — that they are the longest in our bodies, but not much more.

However, for the past few years, vagus nerves have been the subject of a great deal of investigation in bioelectronic medicine for their ability to reverse inflammation, which is a major factor in a number of life-altering diseases — and, as my caller discovered, fraud.

“While the existence of the vagus nerve has been known for centuries, its potential to treat a variety of serious health conditions has only been seriously studied the past few years by the medical profession,” neurosurgeon Dr. Kevin J. Tracey writes in the just-published, compelling read, The Great Nerve: The New Science of the Vagus Nerve and How to Harness Its Healing Reflexes.

During our interview, Tracey said, “Vagus nerve stimulation (VNS) involves delivering electrical impulses to the vagus nerves to regulate various bodily functions and potentially improve conditions like epilepsy and depression. It can be achieved through medical devices like implanted stimulators the size of a jelly bean.

“Part of my motivation in writing The Great Nerve was to warn the public about the many false claims that are being made about bioelectronic medicine and, specifically, devices that claim to influence functioning of the vagus nerves but in reality do nothing at all except separate you from your money.”

My caller “Sharon” was one example.

Wanted to help her employees

She owns a demolition company “that tears down small buildings, which requires employees to do a fair amount of heavy lifting, and they often complain of back and muscle aches requiring them to take some time off and swallow (over-the-counter pain relievers) as if they were candy to reduce swelling and inflammation.

“A few months ago, I saw an internet advertisement for a vagus nerve stimulator that stated, ‘Is ideal for people who work in construction and often experience muscle aches and pain resulting from inflammation.’ I ordered four of the $500 devices — which had a 100% money-back guarantee — put the purchase on my bank’s credit card and gave them to our employees.

“These things look like earphones, only you attach them to your neck, flip a switch, they start to buzz, and your pain is supposed to vanish. But what vanished was my money!

“My employees all tried the device, and we emailed the company to complain that the devices did not work. They wrote back suggesting that we were not placing them correctly, to try them for at least a few months, and then they would refund us if we asked.

“It has been six months. The devices do not work, and the company refuses to issue a refund. My credit card company says that we are too late to contest the charge. Is there anything I can do?”

These scammers know what they are doing

Each credit card issuer has its own time limit to contest a charge. U.S. law sets a minimum time limit of 60 days. Most banks give cardholders 120 days to dispute a charge.

However, if a customer can establish actual fraud by the seller, this usually opens up the time frame in which to challenge the charge.

With Sharon on the phone, I researched the seller and found a pattern of similar complaints about the device not working and the seller’s refusal to agree to a refund after dragging out the matter for months and then claiming the customer had waited too long.

With that information, I got a supervisor on the line at Sharon’s credit card company, and he agreed to accept her claim.

Had she looked at the seller’s online reputation, it is clear she never would have ordered the device.

We will be hearing a lot more about vagus nerves

I do not recommend that you begin reading The Great Nerve too late in the evening — you could stay up for hours past your bedtime. It is that interesting and reads like a historical novel, only this is real science. Tracey writes in the style of another gifted physician/author we also read in high school English — William Carlos Williams.

He takes us on trips around the world where tiny devices are surgically implanted in patients to treat patients’ rheumatoid arthritis, inflammatory bowel disease, lupus, multiple sclerosis, diabetes, obesity, stroke, depression, Alzheimer’s and Parkinson’s disease, in addition to other inflammatory-based conditions.

Tracey’s research into vagus nerve stimulation, along with his colleagues’ has led to treatments for the most difficult medical conditions, such as stroke, drug-resistant epilepsy, PTSD and depression. And there is evidence that long COVID may be helped by VNS.

Today, at major hospitals and medical centers, VNS is used routinely to give patients, in many instances, a second chance at living lives that are close to what they knew before falling ill or suffering a stroke. And just think of the applications for work-related, painful injuries.

As Tracey makes clear in The Great Nerve, VNS places medicine at the threshold of what was science fiction. His book is testimony to what dedicated physicians bring to humanity.

If you are interested in trying VNS, to avoid being scammed, consult with your doctor for a referral to a recognized medical facility that uses these procedures.

Given that VNS is fairly new, I personally would be leery of anything offered online unless it’s prescribed or recommended by a physician.

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

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We’ve all seen news stories where giant swarms of locusts descend on farmers’ fields and within minutes decimate their crops.

But, did you know there is a human version?

That’s right, human “locusts” devouring plate after plate, tray after tray of expensive food items at all-you-can-eat buffet restaurants, in quantities most people would consider unreasonable, and spending hours in pure gluttony.

The justification? “Well, it’s all-you-can-eat, so I’m getting my money’s worth and trying to break the buffet.”

YouTube has dozens of videos showing customers — who have annihilated trays of lobster, prime rib, sushi and other expensive proteins — with long, sad faces, seemingly shocked that the restaurant would cut them off, asking: Can they kick me out of an all-you-can-eat buffet for eating too much?

“We Are Competitive Eaters”

On Tuesday afternoon, Dec. 31, 2024, I received an urgent request to accept a WhatsApp video call from “A reader with a serious legal question.” I agreed, and at once was greeted by folks in an all-you-can-eat buffet restaurant.

“Janine” explained that she and her five friends were warming up for a competitive eating contest at a buffet restaurant. “We each pay for the buffet and then practice eating as much as we can.”

When I asked if they explained their purpose in being there before paying, she replied in an arrogant, entitled, emphatic tone of voice; “No! Why should we?”

Their camera operator sent me real time video of what I can only describe as human vacuum cleaners devouring plate after plate of expensive meat and seafood items: enormous amounts of lobster, crab, and pounds of prime rib.

They were all laughing. I wasn’t.

It reminded me of YouTube Halloween Ring Camera videos of adults with face-masks in ill-fitting costumes emptying entire bowls of candy — intended for kids — into bags and running away: Pure theft.

To me, these competitive eaters were ripping off the restaurant. The owner, on camera, said, “Stop! This isn’t the Las Vegas Bellagio buffet. What you are doing would be wrong there, but this is our family’s livelihood. You are taking so much that my customers have nothing. Get out!”

“I read your column. You help people. This is an AYCE restaurant! Can he do this?” Janine asked. Her attempted innocence and victimization didn’t fool me.

“Janine, in my legal opinion, yes, but lawyers have differing opinions. To be safe, I recommend leaving the restaurant immediately.”

Not Risk Free

Competitive eating, consuming as much as you can, as fast as you can, within a given period of time, is big business. While beyond the space limits of this article, it is important to be aware there have been several deaths during these events, as well as long term health consequences.

Also, there is a moral issue involved here.

In 2023, 13.5% of U.S. households were food insecure, having difficulty providing enough food for their members due to a lack of resources. Author Jane Oliver eloquently puts it this way:

“Competitive eating mocks struggles of the poor who worry about how to put any food on the table to feed themselves and their children. How disrespectful it is for those suffering from malnutrition in famine or drought-stricken regions to see such blatant, unnecessary gorging for the sake of ‘sport.’ These contestants make a game out of stuffing themselves to sickening levels while almost one billion don’t even have access to enough calories”

Legally, can you be kicked out?

“I could not find this issue adjudicated,” Los Angeles-based, Loyola Law School contracts law professor, Bryan Hull says, and suggests, “management should have a time limit, or language that would spell out the terms so that customers know what they are getting into. A restaurant could refuse to serve someone who has abused the system. If they sued, the damages, if any, would likely be the cost of the buffet.”

Fair Dealing and Reasonableness

I discussed this issue with New York-based attorney Catherine Pastrikos Kelly. She has written extensively on the legal issues raised in implied contracts:

“Going to a restaurant and paying for food is an implied contract, and like all contracts, there is a duty of good faith and fair dealing. This means acting in a reasonable manner.

At a buffet, even an all-you-can-eat buffet, a customer would be expected to eat what a person would reasonably eat at one meal.

“For example, it would not mean eating 30 to 40 lobsters or multiple trays of food or practice for an eating competition, for that is not what a reasonable person would do. In situations where the customer is acting outside the scope of what a reasonable person would do, management would be well within their rights to make them stop, or pay extra, and potentially, to leave the premises.”

So a sign that says “all you can eat” doesn’t mean we get to abandon all logic and human decency. Let’s enjoy ourselves within reason.

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

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“Law is adversarial. Many lawyers have type-A personalities, feeling they just have to win, and some feel they will increase their chances of success by being absolute jerks to opposing counsel. Nothing could be further from the truth,” says Eastman, Ga., attorney Ron Daniels.

That reality — and the need for greater civility in the legal profession — is the theme of a highly informative continuing legal education podcast presented by Daniels for LearnFormula, a producer of professional development and continuing education courses for CPAs, attorneys, engineers and HR professionals, among other professions.

I asked Daniels to list some of the behaviors that damage lawyers’ relationships and reputations while also driving up attorney fees. He shared these seven thoughts:

1. Being unkind

The easiest way to set a relationship off on the wrong foot is to show anger or spite.

“Dennis, just imagine if I said, ‘Your position is completely unfounded, and I doubt that you passed the bar,’” Daniels posits. “Your mission will become to work harder than you would have in the first place to prove me wrong. Guess who pays? My client.”

2. Not letting things simmer before responding

Today, with email, we can respond immediately, and that is dangerous.

Before email, Daniels points out, we had to type a letter. That, in and of itself, required thought and reflection on what we were going to say. “But with text and email, there is little time to think about the consequences as we respond without reflection and might say things that cause trouble. Taking the time to pause is critical.”

I will add that the same advice applies at home with our partner and kids, by the way.

3. Giving in to clients and doing whatever they want you to do

“We are advocates,” Daniels says. “Our duty is to tell clients what they need to hear and should not do. Most do not hire us because we are yes people. We are considered to be attorneys and counselors at law, which means you counsel your clients about the facts, their position, the law and what their options are.”

We have all had demanding clients, and sometimes it is easier to say, “This is a really bad idea, but if you want to do it, OK, we will,” rather than, “You’re wrong. I’m not going to do that.”

“If other lawyers and judges know that you’re ‘letting the client drive the car,’ you lose credibility with your legal community,” Daniels adds. “People lose respect for lawyers who prostitute themselves for a buck.”

4. Failing to treat everyone with fairness, dignity and respect

Considering yourself superior to others, and acting that way, just because you are a lawyer is self-defeating. “From the courthouse custodian to the court clerk — especially the court clerk, who may be the most important person in the courtroom — it is critical to treat people with fairness, dignity and respect,” Daniels notes.

Be aware that you live in a very small world. If you act rudely, there is a good chance that someone will mention it or post video on the internet. Bad behavior anywhere can harm your business, whether you’re a lawyer or other professional. So, know when to be quiet.

5. Being impatient

A good lawyer needs to understand that other attorneys have demands on their time and aren’t always able to respond immediately to your requests.

The flip side of the coin, Daniels says, is, “Do not create false expectations of when you can have something completed or if you can accomplish what you’ve promised. Be grounded in reality. If you are not, you lose credibility with your staff, the court and other lawyers, and you can wind up losing clients.

6. Responding to sarcasm with more sarcasm

When you get hit with a sarcastic comment from another lawyer, don’t immediately respond. Some response is required, of course, but let it rest for a while. When you do respond, do not stoop to their level, but point out any factual misstatements they have made in their letter or other communication. “Never forget that others will read your response,” Daniels warns. “Be professional! Let the other guy wear a badge that says, ‘I’m a jerk!’”

7. Arguing about everything during a deposition

If you argue about every detail, no matter how insignificant, you make the deposition much longer than necessary. Same if you refuse to answer discovery questions using hypertechnical objections. Your job is not to be obnoxious and make life difficult for your opponent. You shouldn’t be thinking, Courtesy is for sissies! This is war! Plus, doing these things increases the cost of litigation to both sides.

Daniels concluded our interview by recommending clients consider writing on their lawyer’s retainer language something along these lines: Attorney shall copy client on all correspondence of whatever kind, including depositions, within three days of receipt and will provide a summary of all telephone calls.

“Read everything and speak up politely if it appears your lawyer is giving in to anger and running up your bill,” Daniels says. “Incivility has a price, and you should not be paying it.”

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

The post Seven Ways to Be an Absolute Jerk as a Lawyer appeared first on Dennis Beaver.

How often have you read a glowing online review–about a business, lawyer, physician, you name it, anything–believed the review, bought the product, dined in the restaurant, or hired the person, only to be disappointed?

Do you know what the Federal Trade Commission, which has always had the power to outlaw fake reviews, did about the problem over the past several years?

Absolutely nothing!

Until this past August, the FTC had been sitting on its hands for years. In fact, the sick joke is that when measured against their performance, their own mission statement qualifies as a fake review:

“To prevent business practices that are anti-competitive, deceptive or unfair to consumers; to enhance informed consumer choice and public understanding of the competitive process; and to accomplish this without unduly burdening legitimate business activity.”

The Cowardly Lion Found Some Courage

But, on Aug. 14 this year, like the Cowardly Lion in The Wizard of Oz, the Federal Trade Commission announced a rule that will combat fake reviews and testimonials by prohibiting their sale or purchase and seek civil penalties against knowing violators.

“This is music to the ears of thousands in the business community and consumers who have become victims of misleading and outright fake online reviews,” says Damian Rollison, Director of Market Insights at SOCi, a marketing platform, based in San Diego, working with over a thousand brands to manage their online presence.

How consumers are harmed by fake and misleading reviews

Rollison explained the nature of fake and misleading online reviews, “it is too easy for businesses to acquire fake or fraudulent reviews that are often very hard for consumers to detect, and see the difference between a fake and a real review. Their goal is to bias people towards those businesses in an unfair way. Consumers are aware that fake reviews exist online, but don’t necessarily have the best tools to know what is real and what is fake.

“The whole thing is insidious. Essentially, consumers are being duped into thinking that their peers are recommending products and services when in fact the business is behind all of this, providing it an unfair advantage. This is especially important when it comes to local business reviews, and to services that are central to your life and livelihood,” he points out.

“Dennis, just think of health, medical or legal services where we find a great deal of fake review content. Another place where it is especially critical are services that people need in an emergency. Think about a locksmith or a garage door repair service. Are they legit or scammers?”

This made me think of the calls I’ve received from readers looking for an attorney, were deeply influenced by impressive “client” reviews, only to discover that the lawyer had gotten in trouble with their state bar with the reader’s type of case.

Real or Fake? Are There any Clues?

You are no doubt thinking, ‘are there giveaways that suggest what I am reading is a fake review?’

“Yes,” Rollison says, and cites, “reviews that seem suspiciously enthusiastic as though they are shilling for that company, sounding like a TV commercial or an advertisement would immediately tip me off. Some experts have even said that reviews that simply contain too many exclamation points as a sign of enthusiasm ought to be looked at suspiciously.

For example, ‘This is the best carpet cleaning service in Miami,’ and phrases like that suggest to me that the people who own the business are trying to rank higher in search engines. Also, it is a sign that the review might be fraudulent.

Which Reviews to Read First?

So, what should we read first? The positive or negative reviews?

“A lot of people feel that it is best to read negative reviews first. There is an instinct on the behalf of consumers that negative reviews are more likely to be honest. We might not want to be too quick to assume that all fake reviews are positive because there are examples where competitors post negative reviews of a business and those reviews are also fraudulent. So you want to be diligent, suspicious in general and skeptical of review content that may look suspicious even though it is true.”

I asked Rollison which platforms do a better job at removing suspect reviews?

“Let me draw a contrast between Yelp and Google. We have done research which shows that the average five star rating of a business on Google is 4.2 stars – and that’s pretty high, while the average rating on Yelp is 3.2 stars,

“At least one of the reasons for that, we believe, is that Yelp has historically been much more aggressive in removing reviews that are suspected to be fake.”

“But you still need to use common sense, look for online praise followed by exclamation marks and be very, very cautions,” Rollison concludes.

Now, let’s see if the FTC decides to go after the billion dollar language app fraud, Babbel.

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

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There are a lot of people–especially older Americans–who do not trust, or just do not want to have their retirement funds at risk of loss in the stock market. And so they place their money in various accounts at banks insured by the FDIC, the Federal Deposit Insurance Corporation.

This incredibly important, independent agency of the United States government has just celebrated its 90th anniversary, protecting bank depositors against the loss of insured funds in the event their bank or savings association fails.

It is important to understand how the FDIC has proven itself critical to the stability of not only our banking system – and, no exaggeration, our entire financial system. Let’s take a look at why and when the FDIC was established. Two words help explain why.

Bank Run

A bank run occurs when a large group of depositors–fearing their bank will become insolvent–withdraw or attempt to withdraw their money at the same time We’ve all seen photos of thousands of people in long lines–hoping to get their money out of banks during the 1930s Depression and the Great Recession of 2008.

As only about 13 percent of a bank’s assets are in cash that can quickly be depleted. If the institution can’t sell assets quickly enough to meet depositors’ deposit demands, failure can result.

In the 1930s Depression, more than 9,000 banks failed, replacing family’s life savings with poverty and fear. Billions of dollars evaporated.

There was no national deposit insurance system in the U.S. at that time. Recognizing the need to protect bank depositors, President Franklin Roosevelt signed the Banking Act of 1933, creating the FDIC. Funded–not by taxpayers, but through assessments on banks themselves–“the FDIC continues its mission to maintain stability and public confidence in our nation’s financial system and gives Americans the peace of mind their funds were protected.”

How Does Deposit Insurance Work? What’s Covered? What’s Not?

Unlike other types of insurance, just by opening a deposit account at an FDIC insured bank or financial institution, you are automatically covered.

Here are examples of deposit products which are insured by the FDIC:

Money in checking and savings accounts, certificates of deposit, money market deposit accounts, prepaid cards, cashier’s checks, money orders and other official items issued by a bank, negotiable order of withdrawal (NOW) accounts.

However, even if purchased through an FDIC insured bank, these are not insured: stock and bond investments, mutual funds, crypto assets, life insurance policies, annuities, municipal securities, safe deposit boxes or their contents.

What are the Limits of Coverage?

Of course, virtually every type of insurance has limits of coverage – how much will be paid in the event of a covered loss. To learn how this works with insured bank products, I spoke with Washington DC-based Martin Becker, Chief of Deposit Insurance at the FDIC.

“Deposits are insured for up to $250,000 per depositor, per account ownership category, per FDIC-insured bank,” Becker points out, adding, “and the limits of coverage increase by $250,000 with additional beneficiaries on the account, up to a maximum of $1.25 million under the trust category, at one institution.”

“Recently we have simplified the rules for trusts. For your readers with large amounts of money wanting FDIC protection, this is certainly possible if the accounts are correctly set up,” Becker said.

The FDIC has an online tool “EDIE” that has been used by millions of consumers in determining their coverage. I also recommend spending time on our website that explains FDIC deposit insurance ownership categories:

www.fdic.gov/resources/deposit-insurance/financial-products-insured

“Additionally, we have customer service representatives who are able to answer your questions. Just call 877-275-3342 (877-ASK-FDIC)

Recent FDIC Coverage Changes Limit the Number of Beneficiaries

Timing is everything, and the next day after my interview with Martin Becker, 89 year-old Martha phoned my office, upset.

“Mr. Beaver, I have a great deal of money in a bank savings account with eight family members as beneficiaries when I die. A financial advisor I met last year just called and told me that the FDIC coverages had changed and I needed to meet with him to discuss placing some money in stock market investments. Is that correct?”

“Martha, what you were told is nonsense! Yes, the FDIC did make some changes, but nothing requires you to get into the stock market. Each account owner is insured up to $250,000 for each beneficiary, with a maximum of five beneficiaries and a total of $1.25 million insured, per financial institution.”

I related to Martha what Martin Becker advised in this situation. Simply open a new account at a different bank, or several banks. Since Martha has eight beneficiaries, she would be insured for a total deposit amount per bank of $1.25 million. It is important to remember, your deposits are separately insured at each FDIC member bank.

The people at the FDIC really are from the government and here to help.

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

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I’m often asked, “How do you get your story ideas?” Sometimes, as with 80-year-old “Mr. Albert,” they literally walk in the front door. Anyone who has an alarm system for their home or office will find his story valuable.

Mr. Albert is no more than five feet tall, hunched over, walks with a cane and has a support dog whose vest reads, “My name is Spot.” Mr. Albert is terribly hard of hearing and nearly every time he’s spoken to says, “What? Say that louder!” If he had not stepped into my office, he could have become a victim of an alarm company’s illegal use of an automatically renewing contract provision, as I am certain many of its customers have been.

‘The bill collector won’t leave us alone’

“A bill collector for a security system is constantly phoning,” Mr. Albert told me, “and insists that we pay on a contract that we canceled months ago because they failed to make repairs. She also claims their contract automatically renewed for a five-year term!”

Examining his paperwork, I could see that this out-of-town alarm firm had purchased the local security system provider that the couple signed up with years ago. That local company “gave us excellent service if anything needed their attention,” Mr. Albert said.

I immediately phoned the out-of-town outfit’s customer service and spoke to “Jo-Jo,” who had all the charm of a Mafia goon. She stated, “Our contracts automatically renew for 60 months unless the customer notifies us in writing via certified mail not less than 90 days prior to expiration of the then existing term of their intention to not renew, and he didn’t do that. He owes the money.”

“Mr. Albert canceled months ago,” I replied, “because of your non-performance and told you to pick up the equipment, which you failed to do. Also, that 90-day intent to not renew is total unenforceable nonsense. You obviously are ignoring California’s July 2022, Automatic Renewal Law that requires you to provide him a simple way to cancel and send a reminder notice between 15 and 45 days before the date of renewal. And, by the way, most states — and the Federal Trade Commission — have similar regulations.”

She replied, “There is no such law!”

As it was clear Jo-Jo had attended the Al Capone Collections School, I said, “I have a great idea. Have your boss give me a call. I want him to explain his reasoning for your attempted elder financial abuse.”

I am still waiting for his call. Mr. Albert hasn’t heard from Jo-Jo again.

The many online reviews for the firm that bought the local business all say the same thing, something along the lines of: Our former, locally owned company was wonderful, but these people are rude. All they care about is money. Horrible service. We wanted out, but they just renewed us for five more years.

Advice from a security company’s CEO

I discussed the Mr. Albert situation with Marvin Fuller, CEO of M&S Security Services, based in Bakersfield, Calif. He was a source for my article Is Your Neighbor’s Security Camera Pointed at Your Window?

His father, Marvin Fuller Sr., began the company after retiring from law enforcement. When I was a deputy DA, we worked on cases together, and I was impressed by his ethics and sense of fairness. Those qualities live on in his son.

For anyone wanting to obtain an alarm system, Fuller has these recommendations:

1. Stay local.

You will have better service and will be less likely to have a contract dispute. You can call the owner and say, “I just lost my job and am having a tough time. Can we do something with this contract to help me out?” Fuller says he’s received these calls himself. Or, someone might call and say, “My building just burned down!” Fuller says, “We have always helped our customers. But out-of-town providers are like cellphone companies — it’s only about the money.”

2. Watch out for the hard sell.

This includes salespeople who do not want to let you read the contract or think about the offer. “Read the contract to be sure you are getting everything that has been promised,” Fuller says. “There is nothing wrong with saying, ‘No!’ Yet many people feel guilty. I always say, ‘This is what I do for a living, and I never get upset if I can’t close a deal.’”

Fuller adds that you should never allow yourself to be pressured: “That is what happens with a lot of older people.”

Also, be careful if you’re pushed to sign something. When you are told, “I need you to sign this right now,” don’t. If you do sign something, look first for the three-day right to cancel, and be sure the dates are correctly listed.

Fear is a great motivator. Do not be intimidated by stories of break-ins all over your neighborhood.

3. Consider all the options.

You should be given options instead of being told, “You’ve got to have this.”

Always ask to be shown the minimum amount of equipment needed separately from the bells and whistles, which are often things you do not need.

4. Ask your neighbors for recommendations.

Fuller suggests checking in with neighbors who have alarm systems to see if they’re happy with theirs and whether they would recommend that business.

5. Don’t settle for one estimate.

Always get more than one estimate and be sure to go online to research the elements in the type of security system appropriate for your home or business. Take your time!

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

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If you have owned a house or commercial property for several years, chances are that someone has recently either phoned or sent what appears to be an offer to buy it.

In March of 2023, an article in The Star News of Medford, Wisconsin, noted that, “Area residents are seeing a flood of unsolicited mail from people seeking to purchase their properties, often at greatly discounted amounts.”

“David” is the executor of his parents’ estate, and received a “Solicitation and Agreement” to buy 40 acres of land not far from Medford. In researching the company, no physical address was found, and when checking with the Better Business Bureau, either there is no rating or they are rated very poorly.

Red Flags Were Flying

After receiving the offer, David phoned the referenced telephone number, explaining: “It was a Saturday and the phone rang and rang with no voicemail which immediately raised my antenna. Who sends out a solicitation to purchase property and provides a telephone number without an answering service or voicemail?”

He called again the following Monday, “And while I still felt it was likely to be fraudulent, as I am the trustee of an estate where that property needs to be liquidated to carry out the wishes of the trust, I felt a duty to explore if this was a legitimate offer.

“I spoke to a receptionist, who did not answer using a business name. After inquiring where I could find properties they’ve transacted, I was told, ‘I’m only a receptionist, call Adam,’ which I did – without a return call.

“So I phoned again, got a different receptionist. Expecting a different outcome, I asked the same questions with an identical reply.”

By this time David was pretty certain something crooked was going on, especially with no call from Adam. “So I texted the number as the letter instructed, and, once again, there was no reply.”

Became More Assertive

Speaking with the receptionist again, but far more assertive, David point-blank asked her if the company is involved in some type of fraud? “Are you targeting older people who have owned parcels of land for extended periods of time and offering them a fraction of what their property is worth?”

“I told her that I planned to send a letter to the Arizona attorney general – which got no reply from her.”

Concluding our chat, David raised an important point about this unsolicited offer: They had the right to cancel at any time.

None of this made sense.

“Dennis, these 40 acres are worth over $400,000. And what do you think these people offered? $38,000!”

Analysis by Two Real Estate Attorneys

I asked Hanford real estate attorneys Ron P. Jones and Robert B. Zumwalt, both friends of this column, for their take on these unsolicited offers.

Jones: Interesting. I haven’t seen one quite like this before. What my wife and I usually receive in the mail is a postcard, often with a photograph of the subject property, telling us that we will get a cash offer with no contingencies that will close in 30 days.

The problem with these things is that they’re usually offering 25% to 35% of the market value, and sometimes much less. Somebody older, living in their house for many years, who bought the house for $15,000 cannot comprehend their house is worth $250,000 or even far more, depending on the area.

So, if they get an offer for $75,000 or $95,000, they think it’s a gold mine. The biggest part of the scam is that these snakes are making offers to people who don’t know better and then reselling the property and making an unscrupulous profit.

Zumwalt: This solicitation has a “fill out the contract yourself” section and that is the first time I’ve seen something like this that invites trouble. It could very well be that these solicitations are designed to gather personal information about people with no real sale in mind in order to steal their identity.

There is an assignment clause in that contract. I have seen at least one case in which the “buyer” is acting more like an unlicensed real estate agent. My guess is their real intent was always to quickly sell the contract to the real buyer for a fee without ever putting up any money of their own. So, they bear none of the risks of investing their own capital and none of the ethical obligations of a licensed agent.

What Should You Do?

If you are interested, ask for the person’s name, contact information, and tell them you need to think about the offer and run it by your family attorney before making any kind of decision. It is important to verify their identity before accepting any offer, and only after doing research on the person/company and meeting with your attorney or CPA.

Finally, your land isn’t going anywhere, so there is no hurry. Do not be pressured.

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

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Our stories that discussed learning a foreign language and DEI led to several phone calls from call center and sales supervisors in the worlds of insurance and financial planning.

One pointed out, “The market of people speaking an alphabet soup of languages has greatly increased, and we are concerned about lost sales and reputational damage inadvertently caused by employees who lack cultural competence. We’ve observed some who speak a second language well enough to get into trouble by using the wrong vocabulary — known as false friends, which are words that are identical or resemble each other in both languages but have vastly different meanings.”

“We monitor all calls, which at times can be hilarious,” Chicago-based “Brandon” said. “For example, I heard a sales rep apologize for the failure of a secretary to mail out an insurance renewal form to one of our Spanish-speaking clients. He meant to say, ‘I am embarrassed,’ which in Spanish is, ‘Estoy avergonzado.’ Instead, he said, ‘Estoy embarazada,’ which means, ‘I am pregnant!’ Another meant to say her son would be in a parade (desfile), but instead used parada, which is a stop, as in bus stop! As (we have a lot of immigrants in the U.S.), I think you could do an informative story about the need for cultural and language competence.”

Myth of the car that doesn’t go

In an international setting, the business community must determine if it can use the same product name as it does at home. For example, the Chevy Nova acquired the urban legend of a product name — Nova — that sounded like the Spanish “no va,” meaning “it doesn’t go.” Some in media claimed incorrectly that car sales were adversely affected because of that name being selected. In reality, “no va” is not pronounced the same in Spanish as “Nova,” and the car was a success in Mexico and Venezuela.

A skit about poorly selected product names revealing a lack of cultural awareness would be a sure hit on Saturday Night Live, including:

Ford failed to catch on that the word “pinto,” as in the Ford Pinto, is Brazilian slang for male reproductive organs.

IKEA’s Fartfull workbench was the butt of jokes, though “fartfull” in Swedish means “full speed.”

Coors obviously did not comprehend that translating its “Turn It Loose” advertising tag line into Spanish would be understood as “to suffer from diarrhea.”

Got Milk? translated into Spanish could be interpreted as “are you lactating?”

Ads for Mazda’s Laputa minivan stated, “We have designed Laputa to deliver maximum utility in a minimum space while providing a smooth, comfortable ride” and “a lightweight, impact-absorbing body.” In Spanish, “la puta” means “the prostitute.”

American Airlines’ slogan “Fly in Leather” could be interpreted in Spanish as “fly naked.”

Mercedes-Benz began selling in the Chinese market under the brand name Bensi, which in Chinese means “rush to die.”

Credit for perhaps the most hysterical fail that has made it into business texts goes to Coca-Cola’s entry into China. It first appeared as Kekoukela, which means “bite the wax tadpole” or “female horse stuffed with wax,” depending upon the dialect.

Wrong word choice has consequences

“The wrong word choice can have serious consequences both interpersonally and in the business world,” says Lars-Olof Nilsson, retired lecturer in English and German at JIBS, Jönköping International Business School at Jönköping University in Sweden.

Nilsson works as a copy editor and writes about English on his website copyeditor.se.

The title of his recently published book — a best seller on Amazon — is itself a hilarious example of our topic: It’s Not the Farts That Kill—It’s the Smell! False Friends and Other Treacherous Words in English-Swedish Communication.

As Nilsson explains, “‘Fart’ in Swedish means ‘speed,’ and ‘smäll’ (or ‘smell’) is a ‘crash.’”

I should point out that his book is not limited in value to Swedish speakers, as he lists over 400 false friends in various languages that can easily get us in hot water.

For example, Nilsson cites “actual” and “eventually.”

“In English, ‘actual’ is something ‘real, existing and authentic.’ However, in several European languages, it means ‘current, present, up to date.’ Or, take ‘eventually,’ which to English speakers means ‘finally, later, in the end’ — something that will happen — but the corresponding words in Dutch, French, German, Italian, Spanish and the Scandinavian languages mean ‘perhaps, possibly.’ It is clear these differences may have serious consequences if improperly used or translated.”

Please don’t do that in my car

Even an everyday word such as “restroom” may cause confusion.

“Non-native speakers of English understand the word ‘restroom’ to indicate a room for relaxation or taking a nap,” Nilsson observes and relates an occasion when an American was picking up his Swedish friend at an airport.

When they got into the car, the American said, “Perhaps you need to go to the restroom?”

The Swede answered, “No, I can do that in the car.”

For anyone working with people from different countries and cultures, when we know what words to avoid, we reduce the chances of hurt feelings. It’s Not the Farts That Kill—It’s the Smell is a delightful, practical read that will keep you awake at night laughing!

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

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