In late October the Black Angus Restaurants chain — which came out of bankruptcy in March of this year — began a major campaign to attract customers. Advertising inserts were placed in weekend editions of newspapers all over the Western United States.

Featured was the “Campfire Feast Dinner for Two, $38.00,” and “Top Sirloin Steak, Lobster & Shrimp for $15.99.” While the “Feast” lists the types of entrees — various steaks, chicken and fish — it does not give a hint as to the portion size or weight. May a guest select a 3/4 pound cut of prime rib, the full pound, or does Black Angus only give you the smallest portions?

There is no way of knowing by reading the ad, “but legally, customers have a right to any portion size, as long as you select what’s featured in the ad, or coupon,” I was told by Kathryn De Contreras, supervising special investigator with the California Department of Food and Agriculture.

A customer used to ordering large portions would quickly be disappointed, once seated and handed the menu, to only then discover that Black Angus gives you the smallest choices available with this advertised special. In fact, the menu is an exact duplicate of the ad, but with the portion (ounce) sizes listed.

So, the only way to learn what you’re going to get by ordering the special is by (1) going in to the restaurant, or (2) looking at their Web site, as it, too, reveals the details. So, why don’t they come right out and say it like it is in the ad? How could that information appear in the menu, on the Web site, but not in the newspaper ad? Was it left out in error, or was there some other reason?

Either way, it leaves the restaurant wide open to precisely what we reported on last week — customers who feel disappointed and tricked into going into the restaurant. But what we have here has the potential to go well beyond disappointment, in my legal opinion as a former consumer fraud deputy district attorney.

In the best tradition of journalists hungry for a story (or just plain hungry) along with an attorney colleague, I put the Black Angus Campfire Feast ad to the test on Oct. 23. Would they let us order any size steak listed in the ad, or would we be refused? Our waitress agreed that the ad placed no ounce limit on the entrees, but her boss, Assistant Manager Javier became one flustered guy!

“No, you can’t order a larger steak than shown on the menu” he told us.

“But, gee, Javier, want to show me those ounces in the newspaper coupon? I don’t see them there, and that’s why we came here, for a really big steak!”

We contented ourselves with one of their excellent burger plates, well worth the price. Black Angus may have not known how to write a good ad, but they do have really good food. And I’ll go there again. (If they let me in.)

Investigator De Contreras offered these further observations: “When a food industry advertisement does not state weight, portion or package size, customers are free to order/purchase whatever size desired, just as long as it’s the same item in the ad. But if the business only intends to provide, as in this case, the smallest size on their menu, that must be revealed in the ad. If not, it could be seen as an unfair business practice.

“Of course, there can be printing errors or similar mistakes, which can be generally fixed by appropriate signs or corrective ads. But what seems strange with this newspaper ad is the fact that their Web site and menus are virtually identical in appearance to the advertising insert and they list weights. But the ad does not.”

When an advertisement misleads the public it can give that business a competitive “edge” over another business which respects the law and advertises honestly. When this happens, it can be the basis of a suit for a violation of California’s False Advertising and Unfair Business Practices Acts.

Case in point: Claim Jumper Restaurants newspaper insert, “Steak and Lobster Special — 7 oz. USDA Prime Top Sirloin aged 28 to 35 days with a Premium 8 oz. Lobster Tail, $29.95.” However, The Black Angus $15.99 Steak, Lobster and Shrimp Special gives no hint as to portion weight. It does not reveal if you’ll need a U-Haul truck to take the leftovers home, or a magnifying glass to find what’s going to be on your plate.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Often we are asked, “How do you get the material for your articles?” Generally, it’s from readers who send in questions, asking for help, and on occasion, alert us to “odd” things they’ve discovered.

That’s what happened one Saturday morning in late June. I was both phoned and sent e-mails by readers who came across an Action Line article — produced by the Better Business Bureau — which caused them to see red. Their observations formed the basis of a “You and the Law” column published earlier this year. If you didn’t catch it, here is a summary:

A restaurant ran a “2-for-1 Senior Special,” yet refused the discount to an elderly couple. While clearly a violation of California False Advertising and Unfair Competition laws, the BBB writer amazingly concluded that what happened was “not illegal.”

That statement was the equivalent of saying, “If you’re misled in a similar situation, tough! Nobody can do anything about it. Forget it.”

Was this writer an attorney? Was a lawyer consulted before writing the article? I asked, and was told, “No.” And, just who is the writer? Well, it’s Vickie Sanders, “assistant director of business services” at the Fresno-based Better Business Bureau of Central California. She gave me the following justification for misleading the public: “We don’t give legal advice, and besides, I never said that I was a lawyer.”

While very few attorneys choose to buy a BBB membership, there are some who I am sure would be happy to provide a legal opinion before incorrect and damaging advice is handed out. The Better Business Bureau owes the public much more than a “Well, I never said that I was a lawyer.”

But they’ve just done it again.

‘Keep on paying the rent!’

California is in the middle of a foreclosure nightmare. Tenants who pay their rent on time have been evicted because the mortgage fell into default. Often, there are early signs the owner is in serious financial trouble, collecting rent but not paying the mortgage.

So, let’s say you’re a tenant, and the following occurs:

Gardening services and garbage collection suddenly stop;

The landlord has changed addresses and phone numbers three times this year, and;

You’re afraid mortgage payments aren’t being made.

Should you continue paying rent? What should a tenant in that position do?

“Those things are the classic signs of a landlord in deep financial trouble and the rental likely in default. At that stage, don’t just keep on paying rent! You need to check public records to see if the property is in default, or, worse yet, has already been foreclosed. It may be, and you might not have received any of the legally required notices. Things do slip through the cracks,” San Francisco attorney Dean Preston of Tenants Together told me. I had read to him another Action Line article that appeared on Sept. 19, written by Ms. Sanders and called to my attention by the same readers.

This time, her advice could cost innocent renters thousands of dollars, sending their rent checks to landlords who are ripping them off by not paying the mortgage, leading to being evicted. Incredibly, she wrote:

“I am not an attorney, but the one thing I do know is you should continue paying rent to the owner of the property until you are otherwise notified by the mortgage holder or a new owner.”

“Sure, a landlord — especially if in default or has been foreclosed against — will hope the tenant keeps on paying the rent. This is called rent skimming, accepting rent with no intention at all of paying the mortgage,” Southern California real estate broker Daniel Cook of Equity One told me.

Cook also saw that article and “realized the writer left out terribly important advice to tenants in that situation. The fact of the article being under the Better Business Bureau name was surprising. That article failed to provide adequate advice to tenants,” he said.

‘Well, I asked a bank!’

I phoned Sanders. As before, she had not spoken to an attorney prior to writing the article. “I did speak with a banker,” she confidently told me, adding, once again, “but I am not giving legal advice.”

Any organization that seeks respect from the public, passes itself off as the consumer’s friend, talks about good business practices and wants our trust, should be a good example of its own message.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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If you love to barbecue, then if I say Omaha Steaks, the next word that pops into your head will probably be dinner, followed by mouth-watering, followed by dinner once more, and that will be followed by “Where’s my credit card?”

Omaha Steaks is a company with instant name recognition. After close to 100 years, it is still family-owned. Five generations have been selling some of America’s finest beef — at a premium price — through mail order, retail stores, a website and an 800 number.

As Americans are meat lovers, and Omaha Steaks do cost more than supermarket meat, this has opened the door to con artists ripping off their good name, selling inferior cuts of meat to an unsuspecting public.

The phone call “You and the Law” received from a Lemoore reader is a good illustration of how imitation is the highest — and in this case, illegal — form of flattery.

‘A truck shows up in your neighborhood’

Bonnie lives in Lemoore and is married to Ted, a Navy pilot.

She phoned “You and the Law,” explaining, “There is a blue and red van on our street with a guy wearing what looks like a butcher’s white outfit, going door to door, telling people that he is overstocked with Omaha Steaks, which we can buy for a discounted price.

“We love to barbecue and had Omaha Steaks once, which we thought were great, but I am very suspicious of meat being sold this way. Is this legit or a scam? Is it legal to sell meat door to door?”

We immediately phoned Omaha Steaks and spoke with Beth Weiss, corporate communication director.

“Omaha Steaks does not sell door to door, but we get these reports every spring and summer, when it is peak grilling season.

A truck shows up in your neighborhood with a sign which reads, “Steaks from Omaha” or something like that, perhaps even using our name directly.

“Then a sales team goes door to door, offering what appear to be expensive cuts of meat at very attractive prices, often making it sound as if it is our meat they are selling. Of course, it is not our product and very often turns out to be very poor quality.

“Another way consumers become victims is when they see a truck parked on a corner with big signs that say ‘Ribeyes from Omaha.’ People dressed just as your reader described — looking like they are butchers — give the very clear impression that they are selling Omaha Steaks,” she adds.

“But if you want to see something that is just so wrong, we have even had reports of these door-to-door crooks showing customers steaks which they remove from our boxes, but, of course, it is not our meat.

“They tell the unsuspecting customer, ‘The only way we can give you this phenomenal price is for us to keep the box!”

It’s dangerous to buy meat sold door to door

“It is simply dangerous to buy meat that is sold door to door or off some truck that suddenly appears in your neighborhood. Reputable, home-delivery meat sellers ship product directly to the customer, packed in dry ice so that it arrives frozen, assuring the ultimate in food safety,” Weiss points out.

“Established, credible companies have full guarantees of a refund or replacement. It just makes no sense to put your health at risk in buying from some unknown, door-to-door seller,” she said.

“We caution consumers who are enticed to buy meat door to door. You have no idea how it has been handled.

“There are a multitude of food safety issues. We strongly caution against ever buying meat door to door that is not from a reputable company,” Weiss concluded.

The one reputable home-delivery food company that likely comes to mind is Schwan, whose large yellow and green trucks you can’t miss.

‘You need to have your head examined’

“You and the Law” spoke with weights and measures departments in a number of counties and repeatedly heard the same message: “Don’t buy meat sold door to door! You are going to be ripped off. It is dangerous.”

“Rudy,” a weights and measures officer in a rural, Northern California county, was even more direct:

“You need to have your head examined if you even consider buying meat, seafood or fish from some guy going door to door, even if the packages are properly labeled and therefore legal. You will almost always become a sucker, grossly overpaying for usually a very low-quality product. But more importantly, you are gambling with the health of anyone who eats it.  “Do not look at this as saving money or a good deal. Think of who you could be hurting.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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When was the last time that, when watching TV, you did not see commercials for personal injury law firms who claimed to “fight” for their clients, or offered glowing testimonials from deliriously happy people displaying high-dollar settlement checks and claiming that was what the law firm got them?

Think that is reality? If so, go online, to Yelp or another review site, to read the firms’ negative reviews — and take those five-star, “Amazing!” comments with several grains of salt.

If you or someone you know is tempted to hire one of these settlement mills — high-volume personal injury firms that advertise massively on TV, radio and billboards — then a study by Stanford Law Professor Nora Freeman Engstrom should give you reason to pause.

Paraphrasing a conclusion in her law review article: A client’s case is often settled for far less than if they had retained a skilled attorney who provides more individualized service.

Her law review article, written in 2010, is more relevant and accurate today than ever before.

Cases settled without an OK, with medical bills left unpaid

Listening to my office voicemails on a recent Tuesday, I heard a message from two former clients of a Dallas law firm that has a large presence on TV, radio, billboards and the internet. The clients were involved in a serious auto accident that wasn’t their fault and retained a law firm recommended by their employer, “who was impressed by their TV ads.”

(As an aside: Sometimes it is best for an employer to not recommend a lawyer or other professional to employees without doing thorough due diligence — such as by researching their qualifications and history.)

The voice message went on: “This was the first time either of us ever dealt with an attorney, so we did not know what to expect. Almost at once, we felt ignored, our phone calls were not returned, and when we spoke with someone, they knew nothing about our (individual) cases, which they settled without approval and did not pay all of our medical bills.

“Two very nice attorneys at the firm who worked on our cases called us, saying they were quitting because this happens often. Also, they said that we should read your articles about lawyers who do not pay doctors for guidance and to call you.”

I had just finished listening to the voicemail when a text message arrived. “We referred two clients of our former employer to you. May we talk?”

I replied, “Of course, please call.”

I then did an online search, verifying that “Cheryl” and “David” indeed worked at that law firm.

‘Working on an assembly line’

This was not the first time that attorneys who regularly read this column contacted me, upset with what they described as incompetent, unethical and sometimes illegal conduct by management at their firm.

Cheryl and David told me they were friends when they graduated from law school and were hired by a law firm that described itself as a “high-volume personal injury and employment law practice where you will have immediate contact with clients, get lots of trial experience, with highly competitive compensation.”

“It turned out to be just the opposite of what they advertised and what we were told in the interviews,” Cheryl said.

Yes, they admitted, their salaries were good, but they didn’t feel like they were practicing law.

“It felt as if I was working on an assembly line with hundreds of cases to settle,” David said, “and there was no way I could possibly help clients with that huge caseload.”

He also noted that the firm did “little screening of cases or investigation. Often months down the road, when someone with an ounce of common sense looked at the file and realized we had no case, or it was a weak case because our client was partially to blame for the accident, or there was little insurance on the other side, senior lawyers pressured clients to settle quickly.

“Sometimes they would settle with the insurance company without even talking it over with the client, while leaving some bills unpaid.”

Cheryl added, “The entire office was set up to do as little work on files as possible, where lawyers like David and me were glorified claims adjusters with a law license.”

That’s a statement I have heard often over the years from attorney employees in these “settlement mills.”

The firm stole money from its clients

I asked if there was a straw that broke the camel’s back, leading them to quit. There was indeed.

Cheryl explained, “The firm always referred clients to doctors, chiropractors and physical therapists who ran up huge bills to increase the value of the claim. Then they had clients sign an assignment of benefits for their auto medical payment insurance — that should have gone to the doctors without the involvement of the law firm — keeping a portion of it and settling the case while leaving several large unpaid bills as the responsibility of the patients.”

I recommended that Cheryl and David talk to a Houston colleague of mine and also urged them to contact the State Bar of Texas.

When I know more, I’ll update you in a future article.

If you’re in need of a personal injury attorney, here are some tips to help ensure you work with one who’ll do right by you:

Get referrals. Ask friends, family or colleagues who they worked with if they’ve had a personal injury case.

Do your research. Consider the attorney’s experience in personal injury law and check their reviews on websites such as Lawyers.com and Avvo, paying particular attention to the negative ones.

Ask questions. Make sure you ask the lawyer about their experience and fees when you first meet.

As a bonus, I recommend taking a few minutes to watch this podcast by Americus, Ga., attorney Beau Shrable, a lawyer I salute for his honesty and care for the public.

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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One Saturday afternoon in early November, 2009, Fresno resident Ted, his wife and her parents visited a Black Angus restaurant for dinner. They were celebrating Ted’s finding a job after months of being unemployed.

“My in-laws helped us during that time, and I promised them that when I got a job, we would all go to Black Angus, which has been our favorite steak house. But we’re not going there any more, and our reason has nothing to do with the quality of the food or service,” he told me.

Campfire Feast — dinner for two $38

Ted found a Black Angus advertising insert in his weekend newspaper. “When I saw the ad, it was something I just couldn’t pass up,” he said, and was about to read it, when I told him that another reader had already scanned and e-mailed it to me. I would later be informed by Black Angus management that inserts went out to newspapers all over the Western United States.

The ad contained a coupon: “Campfire Feast Dinner for Two $38.00 — Your choice of any Starter to share. Chose any two of the entrees listed, and one dessert.”

The entrees were: Prime Rib, New York, Top sirloin, Ribeye, Salmon, and Chicken.

No portion size was mentioned. The coupon did not specify nor limit what size could be selected. The same thing was true for the Black Angus “$15.99 Top Sirloin Steak, Lobster & Shrimp” special, also in the ad.

These might be great offers if you can select whatever portion size you feel like having, but if they just give you the smallest on the menu and don’t tell you in advance? It sure seems only fair to know this before reaching a decision to go there in the first place.

“If they don’t disclose the portion size in the ad then shouldn’t the consumer have the option of selecting whatever size desired? Restaurant specials are intended to bring customers in for a nice time, not disappointment, a feeling of being tricked into going there,” my reader maintains. I agree.

Ted, and others who contacted You and the Law, felt that by using the description, Feast, “Abundance, large portions were implied, with guests encouraged to order whatever they wanted. The purpose of the insert was to obviously attract customers with the promise of a substantial meal at a very good price.” (And help a company recently out of Bankruptcy again be profitable-My observations.)

That’s right, Black Angus filed for Bankruptcy in January of 2009, but the judge did not put a steak through their heart.

Read the menu!

“Our waitress gave us menus — which had the Campfire Feast listed. My father-in-law said that he wanted the 3/4 pound Prime Rib-that was the middle size cut. The waitress pointed out portion sizes listed on the menu. Everything you could choose was the smallest size! We felt misled. Why did the ad not just reveal the ounce sizes? The menu lists them, and it is identical to the newspaper ad which does not.”

“She said there were a number of customers who had the same reaction. A manager told us, ‘Well, there’s nothing about weight in the ad, so here it is in the menu.’ He was polite, but missed the point. We should have known this before coming to the restaurant! We left.”

“I guess there was no room

in the coupon”

I contacted Black Angus Corporate in Los Altos, Calif. and spoke with Tom Taylor, Regional Supervisor, and “Tish,” in their legal office. Both were friendly, and responsive, but provided weak explanations.

Mr. Taylor simply stated, “I don’t think we have to state the portion size. And besides, the guest learns that when seated.” He might want to tell that to the California Department of Food and Agriculture — Weights and Measurements Division.

When I asked him why their website has the identical ad and lists the portion size, he had no reply.

“Tish” initially told me, “Well, I guess there is no room in the ad to list the portion sizes.” When I told her that seemed odd, as they show those weights on the website, she said I might hear from Becky Ann Harris, in Marketing.

Despite my placing two calls to Becky Ann, as of the date this story was written, no return call to my office was received.

So, was the Black Angus ad and coupon misleading, and if so, would it be bad enough for a D.A.’s Office to file suit over?

We’ll look at those issues next time.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Following our recent articles on deceptive-range claims made by manufacturers of consumer walkie talkies, we were contacted by “Hank,” a reader in California’s Central Valley whose agriculture and ranching-related business requires using FCC-licensed, commercial two-way radios and, as his email notes, “which are expensive — and not something you want to replace without a very good reason.”

He was hours away from doing just that until his wife suggested contacting You and the Law. With the help of a friend of this column, Ben Burns, CEO of Harbor City-based Discount Two Way Radio, we were able to keep a con’s hands out of Hank’s pocket.

“Over the past couple of years, I’ve been getting phone calls from a salesman at the company who sold us our existing radios about six years ago. His most recent call seemed urgent. He said that unless we replace all of our radios with current technology, digital units in order to operate legally — something about an FCC narrow-band requirement — I could lose my license and face a possible $16,000 daily fine.

“The price quoted for these new radios was $22,000. I don’t want to get into trouble with the FCC and we depend on radios in our work, so I was really worried,” he wrote.

No need to buy new radios — no such FCC digital qequirement

“Your reader is one of many people who are hearing the same completely false message about the need to replace existing radios with the newer digital technology,” Burns told us.

“Business, school districts, even police and fire departments all over America are being told by unethical and dishonest sales reps that they have to replace their analog radios with digital. But, generally, if your existing analog units are less than 10 years old, they can be easily reprogrammed to meet the FCC narrow-band requirements, which became law in January 2013 and allow for a better use of the radio spectrum.

“Reprogramming is very simple, with some radio dealers charging $50 a radio, and many others, like our company, doing it for free.

“But what if your radios are too old or cannot be reprogrammed to meet these FCC requirements?” we asked.

“Then you will need to purchase new units,” Burns points out, “but this does not mean you have to buy digital equipment. And I must stress this point. Even though we sell digital radios, I would like your readers to know that for most applications, you don’t need them. Save your money.”

Digital is in its infancy — remember Beta Max-VHS-Blue Ray-HD-DVD?

“Yes, digital two-way radio is a great technology, has many advantages over analog and the industry is moving in that direction, but it is in its infancy just like the Beta Max vs. VHS, Blu-Ray and HD-DVD with no one standard yet a clear winner,” he stressed.

“At present, digital is very expensive when compared to analog and in most cases, you don’t need it. No one should be frightened or feel threatened into making any buying decision, and that’s what is so irritating about these unscrupulous, commission-chasing radio salespeople,” concluded Burns, CEO of one of America’s largest retailers of two-way radio equipment for business, government and public safety.

Must replace your older radios? Cash for Clunkers

We asked John Strand, a now-retired AT&T Central California supervisor of network operations, to explain “narrow banding” and why it is so important:

“It’s a two-for-one, allowing twice as many users to be in the same radio spectrum, like fitting 20 quarts of milk in the same space as 10 took up before.

“But if you are not narrow-banded, then your transmissions will likely cause interference with other radio users — which we call splatter — often serious enough to disrupt communications, not to mention the possible trouble you could get into with the FCC.”

So, let’s say your radios are too old to be reprogrammed and must be replaced. Prior to the FCC requirement becoming effective, both radio manufacturers and retailers had attractive trade-in programs. Most — but not all — have ended.

Reminiscent of the 2009 “Cash for Clunkers” federal program to encourage buying new cars, Burns along with RCA has a similar, trade-in allowance program, with online videos hosted by Erik Estrada from the Chips television series, which ran from 1977 to 1983.

If you enjoyed Chips, then watching Estrada’s infomercial may bring back memories of a different, perhaps a more carefree, happier time in your life. The information is useful, and you’ll get a kick out of Estrada, in his uniform, selling radios. He was a nice guy in the TV series, and still is.

You’ll find it on www.discounttwo-wayradio.com.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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It is virtually impossible to go online or open almost any magazine and not be constantly told about how some language program makes it easy to learn a foreign language “like a child learns a language, effortlessly, without memorization, studying vocabulary or grammar” – if you simply buy their expensive materials.

Now, if you are about to plunk down hundreds of dollars for one of these courses, today ‘s story will be of special interest and may help you avoid not only the expense, but the embarrassment experienced by Manuel, a Hanford reader who asked for our help.

According to experts in both the science of learning and, specifically, foreign language acquisition, many of the most highly advertised programs do not deliver anything close to what is often claimed by their persuasive, engaging and yet frequently misleading ads. Learning to speak a foreign language takes motivation, a deep commitment and a great deal of time – often years – depending upon how different the language is from others which you know.

“You are not going to acquire fluency in 10 days or 10 weeks, no matter what the ads claim,” former Canadian foreign service diplomat Steve Kaufmann told us. The founder of LingQ, an online language learning community, Kaufmann is fluent in 10 languages and is highly critical of programs such as Rosetta Stone, Pimsleur and others with a significant Web presence.

“I wish I had known that before spending close to $700 on one of these programs,” Manuel told us. His story is a touching example of unrealistic expectations fueled by misleading claims – combined with contractual traps – that‘s out there for the unwary.

Desperately wanted to learn Portuguese

“I‘m sure you‘ve seen those interesting ads picturing a young man who appears very unsure of himself, standing out in a farmer‘s field, holding a bright yellow Rosetta Stone Italian language course, with the caption, ‘Hard Working Farm Boy knew he would have just one chance to impress an Italian Supermodel.’”

“Well, Mr. Beaver, I am a 30-year-old hardworking farm boy in California‘s Central Valley, and the language I desperately needed to learn was Portuguese. Maria was the woman I wanted to impress. She is an elementary school teacher in the small Portuguese village where our families came from almost 100 years ago.

“We‘re about the same age, both of us felt pressure to get married to somebody, so a matchmaker suggested that she visit her relatives in California and maybe find a husband at the same time.

“I wasn‘t raised speaking Portuguese, even though my parents speak it well. I did not buy Rosetta Stone, but instead a course from another well-known language company which advertises online and claims that you can learn to speak a language in a few days. Their ads really convinced me that I could do it, and the salesperson on the phone talked about a refund policy which made it seem that, if it didn‘t work, I could get my money back.”

For the next three months, Manuel studied Portuguese, following the recommended schedule and awaiting Maria‘s arrival.

Por favor, can we try English?

“I was with her relatives when we met Maria just as she stepped off of the Greyhound in Hanford. I tried my best to say, “Welcome, I am so happy you are here, you look lovely,” but I was so bad at speaking. She couldn‘t understand a word of what I thought I was saying and, clearly trying not to laugh at me, in perfect American English, softly asked if we could please try speaking in English.

“I was able to say my name, count, list food items, parrot questions and certain statements, but as far as actually being able to carry on a conversation, this was totally impossible. And, believe me, I studied as the materials suggested,” Manuel told us.

“Even though I worked hard at learning the language, I realized the advertising claims were just hot air. I contacted the company and asked for a refund, but they said that I needed to first take a test for them to even consider the refund, which was not a sure thing in any event because I was probably too late.

“I just feel like an idiot and regret the day that I ever thought I could teach myself the language. And now I could be out the money. Can you help me? Are there any good self-study programs out there?” Manuel asked, adding, “I want a second chance to show Maria that I am serious about learning her language and to see if, maybe, the matchmaker is right.”

Next time: You and the Law plays Cupid.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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A restaurant advertised a two-for-one senior discount. A couple saw the ad, went in, and asked a waitress about the discount before ordering. She stated, “No, we don’t have a discount for seniors.”

They then spoke with the manager, who said, “You look far too young to ask for a senior discount. I want to see your ID.” After confirming the husband’s age, she then asked about his wife. “The manager told us that we did not qualify for any discount, because my wife isn’t a senior.”

“As the waitress had already brought our coffee and bread, we were too embarrassed to get up and leave, but the meal was ruined even before we placed our order,” the husband wrote in a complaint which he filed with the Better Business Bureau.

Is it legal to attract customers with an ad and then when they respond, refuse to honor the offer or require that they pay more than the advertised price?

“Clearly, if the husband qualifies as a senior, they cannot legally refuse to honor their two for one special, regardless of the wife’s age. This illegal conduct could get the restaurant owner — or corporate management — sued in all 50 states for (1) deceptive business practices, (2) misleading advertising, (3) unfair competition, and possibly, (3) bait and switch,” according to professor of hospitality law, attorney Stephen Barth at the University of Houston’s Conrad N. Hilton College of Hotel and Restaurant Management.

Now, want to guess what the Better Business Bureau of Central California told the couple in its Action Line column?

“Your treatment sounds like it was rude and insensitive, but, unfortunately, not illegal,” wrote Vickie Sanders, assistant director of business services.

I’m sorry, not illegal?? When that BBB’s column appeared in a San Joaquin Valley newspaper Saturday, June 27, I received phone calls from several readers that day, all asking if what they had read could possibly be correct.

“When I read and re-read that statement unfortunately not illegal, the writer was obviously giving legal advice by telling the couple they have no claim. Is Vickie Sanders a lawyer?” one of my readers asked.

No, she’s not a lawyer. I asked her. She never even discussed what she was going to write with an attorney, claiming, “At the BBB, we don’t give out legal advice.”

When I ran her comments by a state bar ethics attorney, his response was, “These comments can easily be seen as stating both a legal opinion and as legal advice, wrong legal advice. And when a non-lawyer does that — depending upon the state where it occurs — it can be viewed as the unauthorized practice of law.

“Start with trust,” has been the motto of the Better Business Bureau for close to 100 years. During much of that time the BBB was a true friend of the consumer — a powerful non-governmental force to keep American business run in an honest and ethical way working closely with law enforcement to put crooked business owner behind bars.

It got involved, helping the little guy.

Well, I’ve got a question for today’s Better Business Bureau. Can you be trusted? Believed? Why do you allow a non-attorney staff member to give out legal advice? Why are you now using the term “accredited” to describe your members?

Is it to add an image of being superior to some other perfectly honest business owner who did not fall for a BBB telemarketer’s often misleading sales pitch or who could not afford the hundreds — up to thousands of dollars — to buy a membership?

The Better Business Bureau has a real problem with its own credibility. You need to look at the BBB as an independently run, money making franchise business, frequently guilty of the same illegal, rotten behavior it has accused others of. Not all BBB’s of course, but enough, nationwide, to become the focus of dozens of newspaper, radio and TV investigations. Just Google them and hang on for bumpy ride.

A Better Business Bureau is a sales organization. They sell memberships. They sell an image. The image they sell is that their members — now called accredited members — are somehow more ethical, trustworthy and honest than non-members.

“That’s the value in being a member. You get a credibility boost just for being a member because the public thinks so highly of us. But it is just the opposite if you are not a member,” I was pitched by BBB membership recruiters.

“If I am not a member?” I asked. “That’s right. If someone calls, asking about XYZ Automotive — and they are not a member — we say, “No, they are not accredited by the Better Business Bureau.”

Is this pressure or what? “Join or else?” When I heard that from a BBB telemarketer who called me, I asked him if the words blackmail, extortion, or a selling protection were part of his vocabulary.

What does it take to become a member of the BBB? Not much, and, in my opinion, it would be difficult for virtually anyone to apply and not be accepted. “We do not conduct background, credit or criminal history checks on anyone applying for membership,” I was repeatedly told.

But today’s BBB doesn’t have to worry about their members doing anything which harms their image. They do a nice job of it all by themselves.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Have you purchased a pair of walkie-talkies which claimed in bold, large print on the package a range of anywhere from 6 to 50 miles, taken them home, charged the batteries and then discovered that these radios barely let you talk a couple of blocks from your house?

Did you think, “What am I doing wrong? What’s going on here?”

That was precisely what Kingsburg reader “Sammy” thought. His experience illustrates why, in our legal opinion and the opinion of telecommunications experts from England and the U.S. who we have interviewed, a massive — and hugely profitable — fraud is being waged, industrywide, by manufacturers of consumer two-way radios.

We believe that action by both state and the Federal Trade Commission is needed against not only manufacturers, but retailers who have become co-conspirators, fully aware of exaggerated range claims which customers will likely never realize, but which sell.

Technically accurate statements can still be misleading

Before Sammy’s story — and our findings — let’s answer this question: “What makes an advertisement ‘deceptive?’” According to the Federal Trade Commission:

• It is likely to mislead consumers acting reasonably under the circumstances.

• It is material — important to a consumer’s decision to buy or use the product.

A statement can be technically correct, yet still misleading, when it implies far more about a product’s performance than the typical user would realistically see, leaving a false impression which leads to a buying decision.

The makers of consumer walkie-talkies were handed an advertising pot of gold in June 2000 which proved that under the right — but extraordinarily rare conditions — it is possible for these low-powered radios to communicate very long distances.

At an elevation of 8,000 feet on Oregon’s Mt. Hood, a seriously injured climber said a prayer, pushed transmit on his half-watt Family Radio Service walkie-talkie — used to communicate with other climbers — and asked anyone who heard the call to please summon help.

Seventy miles away in the town of McMinnville, two brothers, 5 and 7 — who received a pair of these little radios as a Christmas present — heard the distress call, told their dad and lives were saved.

“This was the perfect example of the advertising claims made by these manufacturers as both consumer and commercial two-way radios are line of sight. If there is a clear path — no obstructions, cars, buildings, foliage, houses, nothing in between the radios — and you have a significant difference in elevation — they can communicate over great distances.

“But how often will you be at 8,000 feet speaking to someone who just happens to be tuned to the same frequency and is 70 miles away?”

That question was asked by now-retired AT&T Supervisor of Network Operations for Central California, John Strand, of Lake Isabella. Strand’s work specialties included VHF and UHF two-way radio systems. He has been an amateur radio operator since 1962.

“Once, over flat desert, we got 6 miles with 5-watt professional radios, using proper antennas. Today’s small, handheld consumer radios typically use the rubber duck variety, which frequently are not the preferred length. In all my years in communications, I have never come remotely close to even 10 miles, over any terrain, even with professional 5-watt radios, unless repeaters were used,” he tells You and the Law.

“The problem with the way these radios are being sold,” Strand feels. “Is the exception — distances that most buyers will never come anywhere close to — that manufacturers present as what you can expect.

“But if they made no claim, or told you that a few hundred feet is all that you will see under many if not most conditions, how many radios would they sell?

“Sure, the package might say ‘25 miles under optimal conditions,’ and possibly illustrate shortened range with typical usage, but I believe that most buyers will only think of the big, not the small number.”

We agree.

Lunch at Costco, dessert at Sam’s Club

Our Kingsburg reader, Sammy — who enjoys meeting his friends and the free food samples at Sam’s Club and Costco — purchased a pair of 35-mile range radios he found at both stores, only to discover “less than half a mile on the high power setting! And we were standing on the same, level, residential street! I felt so ripped off that I took them back!” he told us, asking, “How can they make such outrageous claims?”

He’s not alone in asking that question.

We purchased the same radios, used them identically and also got about half a mile.

Only one manufacturer would speak with us, but when asked, “Why, with your 5-watt commercial radios using correct length antennas do you not make range claims?” at first there was silence.

And then, static.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Anyone who has ever played Monopoly is familiar with those two sentences, which mean: You’ve been caught. There is no appeal. You are not wiggling out this time. Accept your punishment.

While Monopoly is considered primarily a game of chance with zero consequences in the real world, contracting without a license is not so benign, as “Ricky” would discover.

Worked Together

He was hired right out of high school by “Antonio” in his electrical and general contracting business, as an apprentice. “He is very likeable and he got us a lot of business,” Antonio said.

They worked well together for years. “Looking forward to the time that Ricky would go out on his own, I helped prepare him to run his own business, getting him enrolled in an electrician training school that led to obtaining his license.

I stressed the importance of having liability and workers compensation insurance for employees, deducting taxes, Social Security, how to write a contract that complies with state law, and to never take on a job that you are not licensed for. A zoom meeting with my office was arranged where we went over the same important legal requirements, and consequences for violating the law.

However, before Ricky joined the session, Antonio admitted that he was worried.

“He and his wife have three children. I have a feeling that he is in too much of a hurry to make money and that can lead to bad things.”

General Contracting by Ricky

Shortly after Antonio retired, Ricky opened his own shop. However, being licensed as an electrician did not stop him from holding himself out as a general contractor.

He ran ads in newspapers and online, falsely claiming to be a licensed general contractor, bonded, insured, that his employees had workers compensation insurance, and that he had 5 star ratings. Ricky hired employees, and as he made a good impression, became very busy, very fast, sending his people out on jobs in uninsured company vehicles. Not only did he lack the proper licenses for most of the work he took on, but his contracts failed to meet state law requirements.

It all worked beautifully until the Contractor’s License Board ran a sting. Ricky was arrested, charged with misdemeanors for contracting without a license, in addition to false and misleading advertising.

Penalties vary by state, and often include six months in jail, a $5,000 fine, as well as an administrative charge up to $15,000. False advertising could include fines into the thousands of dollars.

Later I would hear from his customers – many of whom fully paid for jobs that were never completed which could be seen as criminal fraud.

Our Brief Conversation

“I have three kids. I don’t want a misdemeanor on my record. I need you to represent me.” He was calling from home and had just been released from jail.

“We talked about all of this, remember? Both Antonio and I went over all of these things, Do You Remember? I warned that you can lose much of what you hold dear, Remember? “People who willfully refuse to follow my advice are not welcome as clients. Call someone else.”

Red Flags When Looking to Hire a Contractor

Surprisingly, not all states require contractors to be licensed – 17 do not in 2024, but there may be local, county licensing requirements. Here are some red flags to watch out for when hiring a contractor for a substantial job:

“I’ll be over in an hour.” Most legit–and busy–contractors are booked for several days and possibly weeks. Someone quickly available should raise questions in your mind.

“I only accept cash payments but can give you a better price that way.” This is how they can avoid paying tax, but without a cancelled check or credit card statement as support, it is your word against theirs in any dispute.

“My truck is my office.” “You don’t need to see my insurance certificates.” No office with an actual address? Forget this person, for if things go south, how are you going to find them?

No written contract, just a handshake: Forget it!

Uninsured contractors are trouble. Take a photo of the insurance certificate or card from their insurance company listing the policy number, agent, expiration date, and driver’s license before signing their contract. If they can’t produce those things or refuse, its bye bye time!

Questions to Ask Potential Contractors

How long have you been in business? Please show me your contractor license. Are permits required for this project? Will you obtain them? How long will this take? What are the payment terms and schedule? (Should be spelled out in the contract.) Show me a cost breakdown of labor and materials. Will you be using sub-contractors? If so, provide their names, addresses, telephone numbers, insurance information, a photo of their driver’s license.

Finally, go slow. Get several bids. Check references but beware of glowing reviews.

Keep your fingers crossed!

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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