June 9, 2026  • By Dennis Beaver

If you were in construction or agriculture in the late 1990s to early 2000s, chances are that the name Nextel calls up fond memories.

They developed a walkie-talkie-type push-to-talk cell phone that was very popular back then. With that kind of phone, you could instantly contact others on the same network and also place regular cell calls.

Smartphone technology passed Nextel by, and the company went out of business in mid-2013.

Today, several companies are selling Push-to-Talk over Cellular (PoC) devices, and one in particular, in my legal opinion, is engaging in misleading and fraudulent advertising.

That company is Rapid Radios, whose ads pop up on computer screens and can be heard on satellite radio.

Rapid Radios, based in Grand Rapids, Michigan, sells what it falsely claims are “walkie-talkies.” Its ads repeatedly state their radios provide nationwide coverage, with unlimited range, no matter where you are. They’re $399 for a pair.

Please take a moment and do a Google search for “Rapid Radios scam.”

What pops up will tell you that the company has been criticized for misleading marketing about its push-to-talk walkie-talkies. The radios are advertised as independent, off-grid devices, but they actually function identically to cell phones — they require LTE cell towers to transmit signals and will not work if all cell service fails. (If one carrier’s cell service fails, they can switch to another carrier’s service, though. But if all cell service is down, you’re out of luck.)

Now, watch this Rapid Radios Facebook ad and pay close attention to the first few words.

Did you catch that? “Rapid Radios, they work wherever you are.”

They do not — you must have access to an LTE tower.

Their ads also do not tell you that these devices can call only others that are mated to it — one or a group of devices — but no one else.

Here is an ad you will never see

Have you ever seen an ad from Samsung, Motorola, Apple, Google or any cell phone manufacturer that says that, with their cell phone, you have unlimited range and can talk to anyone, even those who are thousands of miles away?

Of course not, and you never will, as “range” is irrelevant to how far a call on a cell phone will reach. Connect to a cell tower, and you can call anywhere in the world. If you are in an area with no cell service, your call will not connect.

Walkie-talkies that are not walkie-talkies

The radios they show as making it possible to speak with Rapid Radios employees more than a thousand miles away are not walkie-talkies, and their advertising creates the impression that this is something truly revolutionary in two-way radio communication.

Ask Google Gemini what a walkie-talkie is, and it says: “A walkie-talkie, formally known as a handheld two-way radio, is a portable device used for instant, wireless voice communication. These devices operate by transmitting and receiving radio waves, allowing multiple people on the same channel to communicate directly, radio-to-radio, entirely without the need for cellular networks or internet service.”

Comments on Trustpilot

This May 2026 comment on the consumer review platform Trustpilot is nearly identical to many others I found online: “No way to leave a ZERO star review. No monthly service fees – NO Contracts – NO BS. This is a VERY DECEITFUL motto. Radios DO have a YEARLY fee. Which equal a contract. Next, it will NOT work without a paid fee, if cellular towers go down, the radio does NOT work.”

The company says on its website that there is no monthly fee, and that is true. But there is an annual fee after the first year to maintain service on each radio.

Rapid Radios’ advertising states that Fortune 500 companies, local police and fire departments, the Department of Homeland Security and Border Patrol use the devices. I could find no support for those claims. And I seriously doubt the DHS and Border Patrol use them, as they would almost certainly have highly secure digital radios.

I wrote to the company to ask for proof. There was no response. Some people would say, “No response is a response.”

At the bottom of its website, the company notes in very fine print: “Nationwide coverage available when in range of LTE tower.”

We again turned to Gemini to define “LTE tower.” It said, “An LTE tower (often referred to as a cell tower, cell site or base station) is the physical structure and equipment that transmits and receives radio signals to connect your mobile devices to the broader internet and cellular network.”

My recommendations

The idea of PoC isn’t new, as I mentioned earlier. Today, there are a handful of companies that sell PoC radios, and the radios that I consider standouts and recommend for most consumer applications are from Poclink (I have not been paid to endorse these products).

Technology aside, the company’s ads are honest. For example, they say: “Powered by PoC technology, Poclink lets you talk with your family or team — across cities, states or countries — far beyond the limits of traditional walkie-talkies.”

Poclink, like all current PoC devices, including Rapid Radios, can access AT&T, T-Mobile, TELUS and other global network carriers.

However, if there’s no cell coverage available, the user of a Poclink device can switch to off-grid, analog, radio-to-radio communication that can maintain connections in a very limited geographic area. Some of their devices can access Starlink satellites in cellular dead zones.

(It is important to note that I do not accept “freebies” and return any product or device that is sent to me for potential review.)

Possible legal — civil and criminal — consequences

In my legal opinion, Rapid Radios’ campaign of misleading advertising should interest state attorneys general, county prosecutors and the Federal Trade Commission — they should come down hard on them.

These types of cases can be brought both criminally and civilly against the owners of a company and employees who actively take part in the fraud, such as by appearing in misleading ads.

Any company that engages in such massive false advertising could end up in bankruptcy, which, if you buy their product, could wipe out service, warranty obligations and prepaid services.

The many online complaints and videos about Rapid Radios should not be ignored.

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 Are This Company’s Ads About Its Push-to-Talk Devices Misleading? In My Legal Opinion, Yes, They Are appeared first on Dennis Beaver.

“Earlier this year, while out running errands for my 83-year-old parents, “Sandy and Robert,” with whom I live, a solar salesman from Utah-based Mint Solar suddenly showed up at their home, and in no time, they signed a contract for a $20,000 lease financed with a 20-year loan. I only learned of this days later — after the three-day cooling period for in home sales had elapsed and then the system was installed but never hooked up to the Pacific Gas and Electric’s grid. Not only that, but we received a notice of Preliminary Lien from the installer who had not been paid. We’ve tried calling Mint, but get voice mail and no one returns a call. Can you help? Thanks, Terry.”

No research on Mint ever done 

Had the elderly couple taken just 60 seconds and Googled Mint Solar, they would have seen these comments: “Misappropriation of funds. Misleading and unqualified company. Lie after lie after lie. They don’t pay their employees! Lack of basic human decency.”

We learned that Mint is a real class act, ripping off the couple’s own salesman $30,000 in unpaid commissions. “I finally had to admit to myself having been duped by management, and there are salespeople and customers across the country in the same situation,” he told us. We confirmed his statement independently.

Our readers are visibly impaired, admitting to having significant memory and reasoning problems which should have been obvious, “But we believed the salesman,” Robert stated. Solar salespeople are famous for having their sense of honesty, ethics and morality surgically removed before being unleashed on America’s elderly.

It’s 3 p.m. What are your parents or grandparents up to?

If you do not protect them from themselves, who will before it’s too late? And, just what can you do? Stay with us, as Southfield Michigan-based Certified Financial Planner Sandra D. Adams – who also holds a Masters in gerontology – sets out a strategy for children and grandchildren to help steer their aging family members out of harm’s way.

Isolation leads to being scammed

“When adult children or grandchildren, like your reader, discover what happened, they will often yell, “Why did you do this? Why did you let the person in?” The answer is often found in one word: Isolation. Even when family are all in the same city, our nation’s aging population is more isolated than at any other time in our history,” Adams observes, adding:

“The need to talk with someone, to have human contact with a person who appears to care about their welfare, all of this leads to being scammed. But research shows when family maintain frequent and close contact, they will be phoned before that contract is signed.”

Make mom and dad aware of what’s out there

Will readers who like to be accused of being gullible or stupid, please raise your hands. Hmm, no one?

“The same applies in helping your aging relatives to see what dangers are out there. One way to do this by referring to a newspaper article, or what you ‘heard’ happened to a friend’s father, in an informative tone of voice. Remember, you want them to buy into the idea of running these kinds of decisions by family first. Without saying it directly, you are encouraging them to make sure their antennas are up, aware of potential traps.”

“In fact, you can encourage asking for your recommendations by asking their advice, such as, ‘Gramps,’ I am considering about doing this. What do you think?”

“By expressing respect for his opinion, showing that you are vulnerable and open to asking for his advice, he will be more comfortable in bouncing decisions off of you when it is his turn.”

Current scams target new Medicare cards 

New Medicare cards are being issued without using Social Security numbers, reducing the chance of identity theft.

“Con artists are contacting the elderly and falsely insist on obtaining proper identification before the new card is sent out. The fear of not getting the new card leads to revealing all sorts of personal information. As this is pure gold, the crook opens a bank account in the elderly person’s name, establishes direct deposit with Social Security and steals their money.”

There is a time for ‘The Conversation’

Working with the elderly as a financial planner, Adams sees the results of parents and grandparents who seek to maintain control by refusing to keep their responsible children aware of what they own and where it is.

“The key is to ask for their help so that you will be there to help them, and keep in close contact. Prevention is the operative word,” she concludes.

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

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December 29, 2025  • By Dennis Beaver

There is an age when self-doubt — questioning our decisions, seeking approval of family and trusted friends for our choices — can prevent us from becoming victims of financial abuse, consumer fraud or even ourselves.

Like three-quarters of Americans over the age of 50, “Walter” and “Patty,” both in their late 70s, decided to “age in place” — remaining in the home they had lived in for many years, where they’ve formed friendships, have good neighbors and access to health care resources and much more.

Patty deals with severe mobility and dexterity challenges that require their primary bathroom to be remodeled. Watching a local television commercial for a company I will call Nightmare Bathroom Remodeling set the stage for the kind of financial elder abuse and consumer fraud we often see on the news.

If, before ever contacting Nightmare, they had read the negative Yelp reviews — which far outnumber the positive ones — I doubt you would be reading this story.

There were giant red flags

Walter described the first red flag they saw, though they didn’t grasp its significance at the time:

“We visited their showroom on July 22, 2025, to discuss bathroom renovations and met with the owner, ‘Bill,’ who gave us a rough estimate of $90,000. We gave him a retainer fee of $3,000. No contract was signed.”

In California, a home improvement contractor can charge only 10% of the contract price to a maximum of $1,000 as a down payment. Contracts over $500 must be in writing and signed before any money is accepted from the customer.

Violations can result in criminal charges and disciplinary action by the Contractors State License Board in California.

Other states have specific limits on the maximum down payment a contractor can charge. Some set a percentage, while a combination of a percentage and a dollar amount is used in others. To find information for your state, you can check out this website provided by Angi.

That $3,000 down payment clearly violated the law in California. It is Nightmare’s MO. But wait, it gets worse.

Additional huge deposit paid, though no work done or materials delivered

On September 12, 2025, the couple met with customer service rep “Ima” (as in I’m a Thief) and signed a $120,000 contract.

Three weeks later, Nightmare illegally had them pay an additional $90,000. No work on the job had been started, no materials had been delivered, and nothing justified this payment.

Additionally, Nightmare failed, in virtually all respects, to comply with the terms and specifications that must be in a home improvement contract.

And then a shocking call from their bank

Near the end of October 2025, Walter was informed by their bank that multiple charges had been made from their checking account, and Ima had set up an autopay arrangement for health insurance and dental insurance premiums. She had forged Walter’s signature on counterfeit checks.

“I called Ima about it,” Walter said. “She first claimed to have no idea what I was talking about, then she emailed to tell me not to contact her boss — because she needed the job, as she was a single mother with a son.”

The bank replaced the money Ima had stolen from their account.

Angry and disappointed, Walter reached out to friend and neighbor Mark Novak, professor of sociology at California State University, Bakersfield. Novak referred him to me. (Readers might remember meeting Novak in my 2019 Kiplinger article Needing to Hire? Think Wrinkles.)

Walter asked Novak if he should inform Ima’s employer, and Novak felt that he should — to at least protect other customers. Walter did and then was surprised to learn that Ima remained employed at Nightmare.

I tried to reach Nightmare’s owner, but he refused to take my call.

The couple needed to cut ties with this crooked company, but what came next made me worry about their reasoning and decision-making abilities.

Self-doubt can be your greatest friend

Walter emailed me right before Thanksgiving: “Thanks for your advice, but we are continuing to work with Nightmare.”

I replied, “Folks, the fact that an employee forged your signature on counterfeit checks should have scared the pants off of you, and had I been notified at the time, I would have personally helped you file a criminal complaint with the police. I urge that you immediately demand a refund of what they illegally charged you. …

“I have learned over the years that if we have close, responsible family members and friends, major financial/life decisions we make when we get older should be discussed with them. We should get their opinions and ask them to review contracts or anything that puts our money or well-being at risk. And, most of all, we should never feel embarrassed.

“Your decision to remain with this company deeply worries me. This is the time for self-doubt! Am I missing something? Maybe. Let’s discuss this with our kids, accountant or family lawyer — someone whose advice we trust — before we do something that could wind up hurting us.

“Please show this email to your most responsible children. Have them call me to get a referral to an elder law attorney. Yes, you need to do that. And when you are near my office, please drop in. I’d love to meet you both in person.”

My next column will cover why a consultation with an elder law attorney can be the best investment children of aging parents can make.

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 As We Age, Embracing Our Own Self-Doubt Can Be a Gift: A Cautionary Tale About Elder Financial Abuse appeared first on Dennis Beaver.

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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My paralegal Anne buzzed me:

“Dennis, you have readers from Palm Springs on the line, 90-year-old mom and her 55-year-old son. He is trying to prevent her from sending money to scammers using a gift card.”

That call could not have come at a better time, as I had just interviewed attorney Matthew du Mée, chief counsel in the Consumer Litigation Unit of the Arizona Attorney General’s Office about this very issue – gift card scams.

“We Are about to Turn off Your Electricity”

“Mr. Beaver, my mom, Bertie, said that her electricity was about to be turned off unless she paid the utility bill which she thought was already paid.”

Bertie said, “I am afraid of losing my A/C so that’s what I was going to do – to go to a 7-11 as the nice gentleman on the phone who called from the power utility said to avoid having my electricity shut off today, I had to buy a gift card for $350 and give him the numbers.”

“Were it not for her son phoning you, Dennis, I am certain she would have become another victim of gift card scams, as the call she received fits the pattern perfectly,” Matthew explained, and outlined how these scams work. According to the FTC, around $10 million a month has been lost globally to these scams:

“You get a phone call that sounds urgent, and you’re told to purchase a gift card and read off the numbers by phone. The justification falls into several categories.”

1 – The tech support scam.

The caller says “We are from Microsoft (or some other company) and your computer is infected. In order to fix it, you will need to pay us, so go buy a gift card, call this 800 number and read us the numbers. We will do the rest.”

“But there is nothing wrong with your computer.”

2 – The utility scam:

We see this a lot in Arizona and other places with high summer temperatures. Someone calls, saying they are from your local utility and your electricity will be shut off unless you pay your bill right now as it is past due. The only way is to buy a gift card and read off the number over the phone.

“But what if I say, ‘I will go to the local office and pay it there?’”

Matthew replied, “Scammers call around 4:45 p.m. and say ‘Our office is only open until 5, so if you do not pay now, the electricity will be turned off immediately!’”

3 – Government imposters:

“There is a warrant out for your arrest because you didn’t pay your taxes on time. In order to avoid this happening, you need to go and buy a gift card to pay off your debt.”

Matthew points out, “The government does not call and say they are about to arrest you. Sometimes the scammers are using spoofed numbers – that look like they are calling from some government agency but they are not, so you cannot trust your caller ID. Remember the government typically does business by mail. You will never be called and asked to verify your Social Security Number. Never give it to someone calling you out of the blue!

Advice to Families

“My best advice is to first of all understand how our brains can become our own worst enemy at these times,” Matthew underscores.

“The caller wants the victim to be impulsive — to panic — when they say things that sound threatening. Instead, if you say to yourself, ‘This is probably not real,’ chances are that you will prevent higher level brain function from shutting down.

“So, ask the caller for their phone number, case number, amount that is past due, and that you will have your (son, daughter, husband, wife, accountant, someone) look into it and then if this can be confirmed, will be happy to pay.”

“Usually the caller will say, ‘It will be too late and the Deputy will be right over to arrest you,’ ‘the lights will go out,’ or anything intended to scare you. Do not fall for it!”

Families need to have a discussion about these issues and encourage everyone to never respond to someone on the phone saying you need to buy some kind of gift card and read them the number. If you hear this, just hang up the phone immediately, as they are so convincing and the reasons they have change all the time.”

Matthew concluded our discussion by saying that what he likes most about being a consumer protection attorney “Is the fact that we are helping people every day. My boss, Attorney General Mark Brnovich, has a passion for helping, and we have been able to recover over $200 million for consumers. I love what I do.”

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

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If a car dealer lets you take a car out for a test drive and it suffers catastrophic engine and transmission damage, are you responsible for the repair charges?

Note, I didn’t say, “Because of something that you did wrong,” rather, that it experienced a breakdown that occurred while you were driving the vehicle.

Confused? So, too was my reader, “Alissa” who lives in a suburb of Los Angeles, not far from one of most picturesque and yet dangerous sections of freeway on Interstate 5, which connects Southern California with the Central Valley.

Known as the Tejon Pass, often called the Grapevine, is a steep 5 ½ mile, 6% grade at the northern end of the pass that makes national news every winter when it is shut down due to ice and snow, stranding thousands of motorists and big rig drivers.

In summer, it can destroy a vehicle’s engine and transmission if in poor condition. It has two runaway truck ramps. All of that said, coming down I-5 is one of the most dramatic drives I know of and I never tire of the experience.

Found the ‘Ideal’ Used, Compact, Sporty Car

“I was looking for a low mileage, automatic, sporty car from Detroit and found a 2013 model year that I thought was ideally priced — $15,000 — at a car dealership in Los Angeles. They photocopied my ID and driver’s license, handed me the keys and said, ‘While this particular model is no longer being manufactured, it was seen as Detroit’s answer to BMW and Mercedes. Take it anywhere you like.’

“I have family who live in the Central Valley, and know the Grapevine like the back of my hand. After reaching the summit at about 4,000 feet, I began my descent, shifting into a lower gear as I have always done. This is called ‘engine braking’ and allows the transmission and engine to slow the vehicle so you don’t run the risk of brake-fade.

“At first the car behaved normally, slowing down a bit, but then, in shifting to a lower gear, suddenly things went very bad quickly. The tachometer – showing engine RPM – began climbing towards and then into the red, at over 7,000 RPM and finally the needle was pinned at the end of the tachometer.

“I tried to up-shift, but nothing happened except this horrible, horrible sound developed.

Next, I heard what sounded like an explosion, with smoke bellowing from the car. I pulled off the freeway and onto the shoulder, heard more strange, ‘crunching’ sounds, then the car completely died.

“I phoned the dealership and they sent a tow truck. Later I learned that both the transmission and engine were ‘blown’ by over-revving.”

‘It’s Your Fault Because Of Downshifting’

“Mr. Beaver, the used car manager, both in a letter and screaming at me on a telephone call, is insisting that I pay for repairs. ‘You use a car’s brakes to slow down, not by downshifting!’” he repeated.

“But this was an automatic, not a manual, and I have always downshifted automatics when descending the Grapevine with no problem. Can you help?”

‘Trying to Scam Him’ Were the Comments from Auto Mechanics

I spoke with mechanics at transmission shops from across the country and with technicians at dealerships that sold this particular brand of luxury vehicle. They all agreed that unless there is a defect, an automatic transmission will prevent you from over revving your engine by up-shifting automatically or by not allowing you to shift to a lower gear if there is a potential to over-rev the engine.

Said a technician from Denver, “Automatics manufactured over the past several decades will not allow themselves to self-destruct. If you are driving at freeway speed and try to shift your car into the wrong gear, it won’t. It may shift to a lower gear than what you are in, but will not allow the engine to over-rev.”

However, they all stressed, that, while most cars with manual transmissions have a rev limiter – or other components which prevent over-revving – nothing will stop you from downshifting into the wrong gear and accidentally over rev the engine. “That’s why it’s important to always take into account how fast your car is moving before deciding to downshift into a lower gear in a manual,” every mechanic pointed out.

Before I gave them the model, technicians at dealerships that carry the brand of car my reader drove said, “You’re talking about the XYZ, right? That car had tons of transmission problems.”

Also, they all agreed with Alissa that it is perfectly appropriate to use “engine braking” as way to help slow the speed of automobiles and big rig trucks on roads like the Grapevine.

A Little Chat with the Dealership’s Owner

It was evident that either the used car manager was clueless about anything mechanical, or was trying to bluff my reader into paying for something that was not her fault.

In conversations with auto dealer friends of this column, the conclusion they all reached was that asking the customer to pay for repairs was so wrong as to risk the Department of Motor Vehicles or District Attorney Consumer Fraud Departments getting involved.

In summary, they said:

“When a used car suffers a catastrophic breakdown on a test drive – especially a car almost 10 years old–unless you can prove the customer intended to harm the vehicle, you weigh the cost of repairs against just offering it to an auction lot, or having it declared scrap.”

Armed with that information, I phoned the dealership’s owner. Not only was he unaware of the facts of this case, but when informed what his used car manager was doing, became very upset.

“It is plain wrong! Please tell your reader that I am so sorry she was put through this nightmare and that if she still needs to buy a car, to pick one out and arrange to speak with me. I will make things right.”

I conveyed that information to Alissa, and it is my understanding that she will take him up on the offer.

Video from Steve Lehto:

Steve Lehto – “Dealer Tells Customer to Pay for Engine Failure During test Drive”

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

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Today’s story will not only be of special interest to health care providers —physicians, chiropractors, physical therapists, and psychologists, who treat auto accident victims on a lien basis — but will offer suggestions on how not to deal with a deadbeat lawyer who is supposed to protect your bill.

And if you are wondering how often this happens, just ask Southern California attorney Shawn Steele, “Nationwide, over three-quarters of lawyers who handle personal cases on a lien basis flagrantly refuse to honor the lien — and in my experience, especially those attorneys who spend millions of dollars on television ads. Far too many health care professionals just don’t know what to do when they are stiffed, or their bill is cut to shreds.”

Reputation Matters

The last paragraph of an article I wrote several years ago, A Lawyer’s Reputation Begins in Law School, dealt with my classmate who tried to deny the entire first year Loyola law School class an important final exam study aid, and reads:

“Our reputation — with classmates who will become colleagues, partners and the judges before whom we will stand — is one of the most fragile things we possess. Handle it with care. Across my years of practice, I’ve found that most do.”

In the City of Good Neighbors — also known as Buffalo, New York — resides “Eric” an attorney who doesn’t care much about protecting his own reputation as much as fattening his wallet by attempting to steal personal injury settlement funds intended to pay for his client’s medical treatment.

Eric finally agreed to pay, a result of the doctor’s new office manager “Kitty’s” outrage upon discovering Eric’s deceit. In researching how to deal with a thief who is a member of the New York State Bar Association, she found my Feb. 8, 2019 article, When Lawyers Refuse to Pay a Doctor’s Bill.

She phoned me — and to quote from the 1980s TV show The A-Team, “I love it when a plan comes together.”

Because typically when a lawyer, or in my case, a lawyer-journalist, calls someone who has not performed under their contract, things happen afterward. I told Kitty that I would phone Eric and talk to him, as the bare fact of my call should prompt him to either pay up or provide proof of payment.

Lack of Medical Insurance – Letter of Protection

In mid-2019, “Rocky” was stopped for a red light and rear-ended by a driver found to be at fault by the Buffalo Police Department. The collision resulted in a worsening of his spinal stenosis, and extreme pain. He had no health or auto med-pay insurance, but hired Eric, who was able to get pain specialist “Dr. S” to treat him based on a “Letter of Protection.”

The letter read:

“Our office will protect the interests of all medical providers who agree to wait for payment until such time as the case is settled.”

Case Settles – Where’s Our Money?

As often happens, the insurance company representing the at-fault driver refused to make a reasonable offer, the matter was litigated and along came COVID-19, postponing a final settlement until mid-2022. Then things got interesting.

Kitty sent me correspondence and phone messages from Eric’s office claiming that the bill had been paid, but no proof — no canceled check — was produced.

“We were given a host of excuses and promises to have payment next week, and next week and next week, until I was fed up and filed a complaint with the New York State Bar and called you, Mr. Beaver,” Kitty said.

“Hi, Eric, I’m doing a story on lawyers who stiff doctors — can you help me?”

What motivated me was Kitty’s sense of fundamental morality, right and wrong, plus my contempt for members of the legal profession who are just plain thieves.

And when I phoned Eric, explaining that I was looking into what appeared to be a case of a lawyer who failed to keep his word, it was clear I was dealing with an indignant thief who got caught.

He was laughable.

His excuse? “It’s the patient’s bill. The doctor should get his money from Rocky.”

But Rocky spoke with you and you promised to pay the bill, months ago, so where’s the doctor’s money?

Eric then said, “Well, possibly we overlooked payment but I will take care of it next week and you can tell them that. But don’t dare use my name in a story!”

“I never use real names, without permission, so don’t worry, Eric, and certainly don’t worry one bit about the fact that I am looking at letters from you promising to pay the bill next week. Several letters all saying the same thing.”

Kitty phoned me after that phone call. “He called my boss, and promised to pay us. But if he does not, what should we do?”

“You have lodged a complaint with the State Bar, so file against his law firm in Small Claims Court. Lawyers hate both things, and a check should magically appear. I also recommended following the suggestions in the previously mentioned article.”

The post City of Good Neighbors attorney caught trying to rip off doctor appeared first on Dennis Beaver.

“I have read your column for years and need your help in righting a wrong, my wrong.

“For the past six months I‘ve been one of those obnoxious, pushy creeps you meet when walking into almost any home improvement store — anywhere in the country — insisting that solar must installed on your roof, is completely free — (which is a lie) — and if you don’t then you are an idiot!”

These were the opening remarks from “Mark,” who dropped by our office a few days before Christmas wanting “to come clean to someone who could help others avoid this free solar scam.”

Over the past year, Mark was not the only former solar employee who contacted us, but he proved to be the most engaging. The misleading sales practices he outlined are currently the subject of investigations by a number of state attorneys general, including California.

“Depending upon the company, reps are given the title of field energy specialist, or field energy consultant and go through a training process having little to do with solar technology but which would make the mafia proud! I do not know how the company has managed to assemble such a collection of dishonest, insulting, abusive people, but they did it, and I have been one far too long,” adding, “And they get this shirt back tomorrow.”

Mark was eager to share strategies he was taught, “Which have one purpose, to schedule an at-home sales appointment where there’s an excellent chance of selling solar to families — especially the elderly — who may never financially benefit from it.” These include:

• Once you make eye contact with a customer and begin to have a conversation — any kind of a conversation — never let that person out of your sight! Stick to them like flypaper!

• Put on a big smile, trying not to look fake, and ask, “Aren’t you tired of high energy bills? We can lower them and, in fact, my parents recently switched to solar — absolutely free —and are saving buckets of money every month.”

• If the customer says, “Sure, I would like to save on energy,” or something similar, then ask, “What is your monthly energy bill?” Regardless of the answer, next state, “We can normally cut that in half, if not even much better.”

“Of course that last statement is pure nonsense, but the idea is to create a sense of urgency to save money.”
Mark was quick to stress that solar can be the right decision for young families — especially if they purchase the equipment — but not for everyone.

“As there is a break-even time line to consider, which can range from 10 to 20 years, solar is rarely appropriate for the elderly on fixed incomes who we target by using the argument of ever-increasing utility rates.”

We asked, “For someone on a fixed income, who would agree to buy a solar system?” The answer was a sales tactic seen as fraud by many consumer organizations: Free Solar.

“We offer installation of a roof-top solar system with a 20-year lease and no upfront costs. The catch is that you buy the electricity it generates from us, and if lucky, saving 10 percent over your regular utility bill. But we do not tell you that:

• As we own the equipment, what amounts to a lien on the house is filed, called a UCC-1 protecting our interest in the equipment.

• This lien can create real problems if you want a reverse mortgage or would like to refinance the house.

• Selling a house with that UCC-1 could force a reduction in the price, require paying off the solar company, or removal of the entire system and roof repairs should the buyers not want solar.

• The fine print in many contracts requires the equipment to be covered by homeowners insurance, frequently raising your yearly premium if your insurance policy even covers solar. You might have to change companies.

• Even though we promise to maintain the system, use common sense. 20 years is a long time. Companies go bankrupt. The homeowner could face significant maintenance and repair expenses.

Mark had one other good piece of advice, and anyone who survived a time-share sales pitch will get his point:
“They show you a chart where hotel room rates are constantly going up, ‘proof’ a time-share saves money. But, adjusted for inflation, rates have gone down.”

So, we ask, “If your utility can’t say what it will charge for electricity in 10 years, how can anyone else promise that you will always pay less by going solar?”

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

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It isn’t often that I am a “witness” to a glaring example of consumer fraud, but thanks to “Frank” and his grandmother, “Thelma,” I was “virtually” standing next to her, listening to an optical salesperson violate several of their state’s important consumer protection laws.

As what I heard is not limited to this very large company — whose eyewear ads on television, the internet, and in print are everywhere — I am not naming them.

In a world of coincidences, a week earlier I spoke with their general counsel who immediately ordered a refund to “Arnold” who was sold two pairs of glasses instead of being immediately sent to an ophthalmologist because of a potential retinal detachment discovered by their in-house optometrist!

That’s right. Arnold gets an eye exam, a potential detached retina is found, which is considered as a medical emergency, and the O.D.’s recommendation? “Buy a pair of eyeglasses!” More on this craziness in a moment.

App Permits Remote Recorder Activation

“We installed an app in Thelma’s cell phone that allows us to activate the voice recorder remotely. We did this because she has trouble saying ‘no.'” (They live in a state that does not require permission of all parties to record conversations.)

“Thelma accidentally sat on her glasses, damaging the frame, but had a spare pair. She saw a television commercial from this eyewear store offering frames for well under $100.

All she wanted was for her old lenses to be fitted into a new frame.

“We all went to the mall, I activated the recording app, and Thelma went directly to the eyewear store. We felt she did not need our help – and boy, were we wrong!”

“She told a salesperson, ‘I want to buy one of the frames advertised on television for under $100.’” He immediately replied, “Your old lenses are scratched and must be replaced. None of these frames are right as they would make you look like an old hag! Let’s show you something much more appropriate.’”

(Thus began a classic bait and switch, where the customer is drawn in by an attractive price but that item is knocked, and they are sold something much more expensive.)

Thelma politely protested, saying, “But I just need new frames.” Undeterred, the salesman told her, “Have a seat here, and we’ll try on some frames to see how great you would look in them.”

High Pressure for over an Hour

Frank played the recording. Over an hour, I listened to a well-crafted bait and switch practiced on a woman in her late 70s who audibly could be heard repeating, “Well, I just don’t know, all I need is just a simple frame,” until she gave in, mumbling to herself, “I shouldn’t be doing this. Frank is going to be mad at me.”

“OK, I’ll buy the new lenses and frames you recommend!” she said, adding, “I just want to go home.”

It was so sad hearing this, and from a “sale price” of $80, for frames she wound up spending close to $600 for lenses and a “designer frame.” Fortunately, everything was put on her credit card.

After Frank heard the recording, he called the store, put Thelma on the line and together they canceled the order. Then, they phoned her credit card company, alerting them to this scam and asked them to reverse any charges to the card.

“I’ve read your column for years, Mr. Beaver, and thought you would find this experience worth writing about.” He got that right.

Shields Up Phasers on Stun

Based upon the volume of complaints filed against several optical chains – not to mention lawsuits by state and federal consumer protection agencies – bait and switch appears to be a dominant business model in addition to breach of contract and consumer fraud.

Additionally, fake “list prices” are shown, and then the salesperson gives the customer a huge discount, further “proof” they are getting a good deal. But it is all a scam.

For anyone reading this story who has an appointment booked for an eye exam and is looking forward to buying a pair of glasses for the low advertised price, good luck!

If I may borrow a line from Star Trek, have your “shields up and phasers on stun.”

Google the name of the store, adding: “Fraud, bait and switch, misleading, high pressure sales, errors in the prescription.” Check Better Business Bureau ratings and customer complaints.

Sold a Pair of Glasses Instead of Getting an Ophthalmologist

When an optometrist is examining a patient and discovers a retinal detachment, or even a potential detachment, this is a true medical emergency, requiring a referral to an ophthalmologist immediately to save the patient’s sight.

Arnold’s optometrist noted under “assessment” potential retinal detachment.

But, instead of picking up the phone, calling an ophthalmologist, and getting an appointment for the patient, she did two things that make no sense from the several optometrists I ran these facts by:

(1) Under patient recommendations on Arnold’s chart, she listed what his new pair of glasses should have: “anti-reflective coating, UV coating, scratch resistance coating.”

(2) Apparently either she or someone at her direction was aware of the seriousness of Arnold’s situation but dropped the ball and never made that referral. This is evidenced by a completely blank referral slip that was in his chart.

Two weeks later they called him in to pick up his new glasses. “I almost lost my lunch,” he told me. The glasses made me sick as a dog. The store manager put them on a lens-o-meter and discovered that the prescription was horribly off!”

Two more weeks went by – another pair was made which he could not wear and Arnold finally went to an ophthalmologist, who “could not believe they treated me that way with my retinal detachment. I had surgery and made a good recovery,” he said.

The Takeaway from this Story

Can large optical retailers deliver a quality product at a fair price? Only you can reach that conclusion, but my advice is to do your research and ask why so many of these companies have horrible reviews.

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

The post Consumer fraud caught as it happened appeared first on Dennis Beaver.

If you have been thinking about getting into the food truck or trailer business, then today’s story will cause your blood to boil when you see what happened to our readers “Denzel” and “Leila,” who reside in Southern California. All names that appear in this story have been changed.

Both are Black, and their race is central to what makes this story so upsetting, so sad. But race aside, what happened to them could happen to anyone tangling with a con. The couple learned the consequences of thinking there was no need to consult with an attorney, do background research on the seller or discover the red flags of food truck and trailer sales.

Plan ‘B’ in their Lives

They married right after graduating from high school, raised three kids who are now adults, and have always been employed, Denzel in construction, and Leila as a cook in family-run restaurants.

“We thought about opening our own small diner or Southern-style fish restaurant, but when adding up all the expenses, realized there was just no way. So, this left two choices: a food truck or trailer,” Leila explained.

Significant Cost Differences

“Expect to pay $100,000 to $175,000 and up for a new food truck. Used – you’re looking at from $60,000 to $100,000, and then consider repairs or state required upgrades,” says Elma Eaton, CEO of Lake Elsinore-based California Cart Builder – in business for over 22 years.

“However, ‘Food Trailers,’ also known as ‘Concession Trailers’ range from $20,000 to $120,000, or more, based on the equipment installed. Often fire marshal requirements do not allow food trucks at certain events, while concession trailers are permitted. For a mom and pop business they can be ideal.”

Found His Website

“We were searching for a nearby company that could build a trailer for us and found ‘Jay’s Discount Food Trucks and Trailers’ beautiful website, that had several highly positive reviews which described both him and his business in terms that spelled confidence and competence.

“We met Jay at the business on Jan. 26, 2021 and were impressed. He said that we would be taken care of just like family as we are all brothers and sisters.”

The couple were on the road to becoming victims of “Affinity Fraud,” in which a con artist targets members of an identifiable group based on things such as age, religion and race.

Promised Completion Date

“That same day, we agreed to pay him $35,000 for a 14-foot trailer which would be in compliance with our county’s health department requirements and delivered, ready to operate on 4/30/21. We gave him the initial down payment of $8,500 and two additional payments in February in the same amount.

“It is now 4/27/22 and we do not have our trailer. He continues to avoid our phone calls and makes up lies and excuses. He sent us the pink slip to an incomplete trailer and we had to insure it!”

“Who Wants to Know?”

I wanted to speak with Jay and phoned his office. A gruff voice answered. “Yo!” “Hi, may I please speak with Jay? Is this Jay?” I asked. “Who wants to know?” was the response in a menacing tone.

“Yeah, it’s you Jay,” I replied. He hung up.

It took me less than five minutes to find a lawsuit filed against him in February of 2019 for breach of contract and theft. It stemmed from his August 2018 agreement to deliver a fully operational trailer to a couple within five weeks. They paid close to $17,000 in advance but Jay never completed the job.

I called his victim’s attorney. Now, litigation attorneys tend to have very thick skin, and it is rare to speak with one who shows their feelings, but that was how this couple’s lawyer reacted, sad and angry at what Jay was doing.

“He victimizes the Black community with promises of building food trucks and trailers, saying that he wants to help them establish their own business, but steals their money instead,” the attorney said, adding, “and his lawyer is one nasty, scary guy, so if you do talk with him, be warned.”

He was right. I called Jay’s lawyer and asked for permission to interview his client to get his side of the story. My newspapers will not print the language he used.

If They Had Only Searched Online

My readers admitted to having been so completely charmed by Jay that the need to do any background research didn’t occur to them. But if they had, and had found this post by “L,” things might have been so different:

“Jay stole $20,000 from me – don’t do business with him – BEWARE!!”

In a future article, we are going to take an in-depth look at the red flags anyone interested in buying a food truck or trailer needs to know. Elma points out:

“We have had people call us crying, relating the same kinds of things that happened to your readers, so you’ve got to do your homework and not be influenced by someone charming.”

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

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