Equal Justice For All

Over the courthouses across America is engraved "Equal Justice For All". Unfortunately that just is not so! We are trying to change that with our Pre-Paid Legal Services memberships. You can be a part of this campaign. Join me at: http://www.prepaidlegal.com/go/grschmidt_associates Enroll for your membership at: http://www.prepaidlegal.com/info/grschmidt

Tuesday, November 30, 2004

Identity Theft Article--CNN Money Magazine--Anatomy of an ID Theft

Anatomy of an ID theft

After Heather Harding's identity was stolen, she worked full time to reclaim her good name.

November 18, 2004: 3:24 PM EST By Joan Caplin, MONEY Magazine

NEW YORK (MONEY Magazine) - The first warning sign came last December, although at the time Heather Harding didn't recognize it as such. Instead, when the letter arrived from Capital One asking if she'd requested a credit application, Harding assumed a simple mistake had been made.

Five months rolled by without incident, but then the red flags popped up in rapid succession. A call from her bank, Wells Fargo, inquiring about her application for a line of credit. The same question from Chase, where she had no accounts. Then a message from a local Ford dealer, who said he hoped to see her later that day with the additional paperwork they had discussed.
Harding knew nothing about these transactions. Instead, she realized, she had become a victim of one of the fastest-growing crimes in the U.S.: identity theft.

The credit inquiries, it turned out, were just the beginning. As Harding would find out over the following months, the thief had also rented a luxury apartment with a pool, a fitness center and views of the Pacific Ocean. She signed up for utilities, cell phones, Internet service and cable. She opened multiple financial accounts and ran up nearly $10,000 in bills.

Yet, though the police are virtually certain they know the thief's true identity, she has not been arrested and probably never will be.

This nightmare, unfortunately, is all too common. Harding, 34, is one of 7 million people who were victims of identity theft in 2003, an increase of 80 percent from the previous 12 months.
At the Federal Trade Commission, identity theft is now the No. 1 consumer complaint. Only a tiny fraction of the perpetrators are prosecuted -- often, as in the case of Harding's alleged thief, because there are no witnesses who actually see the suspect filling out the credit application.
No one knows for sure how the criminal gained access to Harding's Social Security number, which opened the door to the thievery that followed.

What is more important, though, is the decisive action that Harding took afterward on her own behalf -- steps that ultimately restored her good name and absolved her of any financial responsibility.

Stage 1: Damage control.
Harding took the first crucial steps in wresting back her identity even before she understood properly that she'd been the victim of a crime. At the suggestion of a representative from Capital One, the first lender to contact her last December, Harding notified the police and the three major credit reporting agencies (CRAs) that a false credit application had been made in her name.

She also asked the agencies to place a fraud alert on her credit reports. That would supposedly prompt lenders to inform her of any new requests for credit in her name. In practice, however, it often doesn't work.

In this case, though, Harding received a flurry of unsolicited calls from lenders in May, enough to make her realize that someone was using her identity.

She kicked her damage-control campaign into high gear. She visited the Ford dealer who had left the mysterious phone message about the need for additional paperwork. There, sales manager Othman Ghneim explained that the fraud alert on Harding's credit report had popped up when he ran a check on the young woman who had claimed to be Harding.

His suspicions grew when he perused the report. He says, "I saw some credit there that I didn't think this girl could have. It went back too far -- she would have been about 10 years old."
As she listened to Ghneim describe his encounter with her Doppelganger, Harding got chills.
"She knew everything about me," Harding says. "She knew I was married, where I lived, that I drove a Mercedes. And she had a story for everything."

When Ghneim found no record of Harding having owned the Ford Taurus that the imposter wanted to trade in, for instance, she explained that her husband got the Mercedes in their divorce. The real Harding has been happily married for six years.

But it wasn't until later in the day, when police paid a visit to the impersonator and found out that she lived only 20 minutes away, that Harding (whose home is in a gated community in Orange County, Calif.) got truly scared.

Until that moment, Harding says, she'd been in denial. Now she realized her security was threatened. "She could do something to my house, to my family."

Stage 2: Reality sets in.
Harding quickly put a number of safety measures in place.
She placed passwords on her legitimate financial accounts. She filed a complaint with the FTC, which provides law enforcement officials with information that will help stop perpetrators.
Harding also recontacted the police, and called the CRAs to reactivate her fraud alerts, which can expire in as little as 90 days. (For more ways to protect yourself, click here).

Filing a fraud alert with one CRA is supposed to automatically trigger all three agencies to send copies of your credit report so you can detect and fix errors.

Harding took no chances and made three separate requests for copies. She received them within a week. The one from Experian, however, was blank. It took several weeks and considerable hounding before the corrected report resurfaced.

Stage 3: Grunt work.
Victims of identity theft can spend anywhere from 30 to 600 hours recovering from the crime. Harding's experience was at the upper end of the spectrum. As is typical, most of Harding's time was spent on phone-hold or in repeated attempts to correct or make headway in matters she thought she'd already corrected or explained.

Overwhelmed by the task at hand, Harding began taking time off from her part-time job as the director of marketing for a special-events firm. A month into her ordeal, she decided to quit for good. Reclaiming her good name had turned into a full-time career.

To stay on top of the job, Harding began keeping a log of action she took to set her credit record straight.

"I've worked in the special-events industry for about 15 years," she explains, "and I know details are extremely important."

Harding's records cover 10 single-spaced pages and a spreadsheet with headings such as "date," "company contact," "time spent" and "response."

Harding sent all her correspondence by certified mail, return receipt requested. Credit agencies, she learned, are required by law to respond within 30 days. If she had her letters time-stamped, in effect, she'd improve her chance of a quick response.

"You need to try to control the situation as much as possible," explains Harding.
Under the circumstances, Harding's quest for control was certainly understandable. In a 2003 study by the Identity Theft Resource Center, 76 percent of the respondents said they experienced "a sense of powerlessness or helplessness." Even more universal was the feeling of rage: 89 percent said they had it, as did Harding.

She began to have trouble sleeping and felt constant anxiety, "One minute, I'd be extremely angry and the next I'd be crying." In time, she even stopped socializing. "People try to understand," she says, "but it's very difficult unless you've been through it."

Creditors began hounding her, demanding payment for goods and services she'd never ordered. Getting out of town with her husband Wes became one of her few pleasures because Harding knew that then she couldn't get any phone calls.

"I was afraid to go to the mailbox or answer the phone," she explains. "I didn't know who'd be threatening me next."

Stage 4: Righting the wrongs.
Over the next four months, Harding vigilantly contacted every company that wrongly appeared on her credit report. She'd call, e-mail or send certified letters -- repeatedly -- until the false information was dropped.

She always identified herself as a victim of identity theft, then supplied the company with a notarized ID Theft Affidavit of the crime (available at ftc.gov).

"I asked as many questions as I could, to try and piece together what [the thief] had done," she says. "I was a real reporter."

The most stressful moment: visiting the apartment complex where the suspect lived, after the manager insisted on a face-to-face meeting.

"I was terrified I'd bump into her," Harding recalls. "I was afraid [the manager] would call her down and confront her." Her worries, though, were unfounded. The imposter never appeared.

Stage 5: Recovery.
One year after Harding first became a victim of identity theft, she has finally managed to clear her name. The fraudulent accounts are closed, the black marks have been erased from her credit record, and some equilibrium has returned to her life.

Charles Juntikka, a New York attorney who specializes in credit report litigation, is impressed with what Harding has accomplished in a short time, but warns that negative data sometimes creep back into the credit reports.

Stay vigilant, Juntikka cautions, and "don't assume that once the problem is fixed, it's fixed for good."

Harding may be in a better position to prevent a recurrence than many other victims because of where she lives. California is one of just two states (Texas is the other) that allow identity-theft victims to put a freeze on their credit reports.

Now the only way a bank or other creditor can run a check on Harding is if she gives her permission via a PIN. Under state law, Harding is also entitled to review her credit reports for free every month for a full year to make sure there is no improper activity.

In the coming year, all consumers will be the beneficiaries of greater protections against identity theft. A nationwide system of fraud detection and alerts that is supposed to take effect Dec. 1 creates procedural standards that CRAs must follow to ensure that future requests for credit are legitimate.

It also allows victims to report the crime with a single call. In addition, between now and September 2005, everyone will be able to begin checking their credit report once a year for free.
Harding will certainly be checking hers. She never wants to feel as out of control as she has this past year; she compares the emotional impact of identity theft to battered person syndrome.
While she hopes her nightmare has ended, she concedes, "Once you've been through an experience like this, I don't think you ever really know if it's over for good."

Find this article at: http://money.cnn.com/2004/11/18/pf/security_IDrecovery_0412/index.htm

Save yourself a lot of trouble and expense with the Identity Theft Shield:
http://www.prepaidlegal.com/idt/grschmidt

George Schmidt

Monday, November 29, 2004

US Chamber of Commerce and National Black Chamber Support PPL

The following announcement was released by Pre-Paid Legal Services, Inc. announcing the support of these two prestigious organizations in their quest to recover attorney's fees and expenses from the plaintiffs counsel as a result of lawsuits dismissed in Mississippi:

Company Contact:Steve Williamson(580) 436-1234
Pre-Paid Garners Support of the United States Chamber of Commerce and the National Black Chamber of Commerce in Action Against Frivolous Lawsuits.ADA, OK, November 29, 2004 - Pre-Paid Legal Services, Inc. (NYSE:PPD) announces that the National Chamber Litigation Center, the public policy legal arm of the United States Chamber of Commerce, and the National Black Chamber of Commerce have joined Pre-Paid in seeking attorney's fees and expenses from plaintiffs' counsel following an earlier court victory in Mississippi.

On November 12, 2004, in the Circuit Court of Wilkinson County, Mississippi, Pre-Paid filed a Motion for Attorney's Fees and Expenses pursuant to the Mississippi Litigation Accountability Act of 1988 and Rule 11 of the Mississippi Rules of Civil Procedure. Pre-Paid argues that no effort was made by plaintiffs' counsel to determine the validity of their clients' action, claim or defense before the lawsuit was asserted against Pre-Paid.

In the brief filed with the court, Pre-Paid asserts that plaintiffs' counsel did not provide responses to discovery requests for more than two years after filing suit; that the responses actually provided were unverified and/or inaccurate and contrary to the plaintiffs' own testimony; that the majority of plaintiffs were either dismissed or moved to other cases prior to trial; and when the remaining two plaintiffs went to trial, the jury found that none of the claims had been proven and awarded no damages.

The National Chamber Litigation Center filed a request to file an Amicus Curiae brief in support of Pre-Paid's motion. According to the Chamber's brief, in the earlier lawsuit filed against Pre-Paid plaintiffs', counsel utterly failed to make any reasonable inquiry about the basic facts before filing the Complaint. The U.S. Chamber is the world's largest business federation representing more than three million businesses and organizations of every size, sector and region.

The National Black Chamber of Commerce (NBCC) is a nonprofit, nonpartisan, nonsectarian organization dedicated to the economic empowerment of African American communities. The NBCC has 190 affiliated chapters throughout the United States and represents 95,000 African American owned businesses.

In a motion filed last week in the Circuit Court of Wilkinson County seeking leave to file an Amicus Curiae brief, the NBCC states frivolous lawsuits have a direct impact on the continued availability of affordable legal services in the African American community and "thereby affect substantial, legitimate, independent interests of the NBCC."

"We are pleased to see the support of the U.S. Chamber and the National Black Chamber of Commerce on this critical issue for Pre-Paid, businesses and the African American community," stated Pre-Paid Chairman and CEO Harland C. Stonecipher. "We believe it is time that plaintiffs' attorneys be held accountable for the damaging financial and business impact that frivolous lawsuits can have on a business, and a community."

About Pre-Paid Legal Services, Inc.Pre-Paid Legal Services, Inc. develops, underwrites and markets legal service plans across North America. The plans provide for legal service benefits, including unlimited attorney consultation, letter writing, document preparation and review, will preparation, traffic violation defense, automobile-related criminal charges defense and a general trial defense. More information can be located at the Company's homepage on the worldwide web at http://www.prepaidlegal.com/.

Forward-Looking StatementsStatements in this press release, other than purely historical information, regarding the Company's future plans and objectives and expected operating results, and statements of the assumptions underlying such statements, constitute forward-looking statements within the meaning of Section 21E of the Securities Exchange Act of 1934. The forward-looking statements contained herein are based on certain assumptions that may not be correct. They are subject to risks and uncertainties incident to the Company's business that could cause actual results to differ materially from those described in the forward-looking statements. These risks and uncertainties are described in the reports and statements filed by the Company with the Securities and Exchange Commission, including (among others) those listed in the Company's Form 10-K and Form 10-Q, and include the risks that the Company's membership persistency or renewal rates may decline, that the Company may not be able to continueto grow its memberships and earnings, that the Company is dependent on the continued active participation of its principal executive officer, that pending or future litigation may have a material adverse effect on the Company if resolved unfavorably to the Company, that the Company could be adversely affected by regulatory developments, that competition could adversely affect the Company, that the Company is substantially dependent on its marketing force, that the Company's stock price may be affected by short sellers and that the Company has been unable to increase significantly its employee group membership sales. Please refer to pages 39 and 40 of the Company's 2003 Form 10-K and pages 8 through 10 of the Company's September 30, 2004 Form 10-Q for a more complete description of these risks. The Company undertakes no duty to update any of the forward-looking statements in this release.

(This is the entire content of the announcement released to the press.)

George Schmidt

Thursday, November 11, 2004

Excel Representatives Get Opportunity From Pre-Paid Legal

Pre-Paid Legal Services announced last week that they are coming to the rescue of the Excel representatives who have literally been dumped by Excel. When the parent company Vartec filed for bankruptcy, part of the filing called for cancellation of all of the Excel agreements with their representatives--loss of income and loss of the organizations that some of these representatives have worked years to build up.

Recently, I saw a notice that one of the orginal founders of Excel is creating a new company--with the expectation that these loyal reps would gladly join him in another venture. Why would anyone want to get burned again?

The company then sold the list of representatives to Shaklee that markets health foods and household items. Shaklee apparently thought these reps would be so desperate as to jump into any new venture that the "company" opened up for them. Why would anyone do that? This is not even in the same industry!

Pre-Paid Legal is a 32 year old NYSE Corporation with 1.65 Million members in the US and Canada. These Excel reps now have the opportunity to join a financially solid, well managed firm that will be there for them long term!

Pre-Paid Legal Services has offered the reps the opportunity to move over to Pre-Paid Legal at a substantially lower rate than normal, only $49 and stay at their Excel promotional level for the next six months--earning advance commissions from day one, at a level as high as Executive Director, without even meeting the requirements that all other PPL Associates must meet in order to qualify every month for the Executive Director Level and above. This means that an Excel ED can earn $182.50 commission for a $26 per month membership from day one of their enrollment as a Pre-Paid Legal Associate.

When the Identity Theft Shield is added to that $26 membership, the commission can increase another $69.85.

Any Excel rep that wants to investigate this further can contact me---and I will provide you with the necessary enrollment forms.

Proof of Excel rank will be required. The Excel rank will be changed at the end of six months to the level that the new associate has actually earned. That should not be a problem for most Excel reps because they already have some very loyal sales teams that they can bring with them--on the same basis.

Make your move quickly before your team is scattered to the winds, or quit entirely. Keep your Excel family together--bring them with you to PPL.

George Schmidt
Independent Sales Associate
Pre-Paid Legal Services, Inc.
925-676-1926
http://www.prepaidlegal.com/go/grschmidt_associates

Ada Evening News Report on Pre-Paid Legal Court Victory

An Editorial by Lone Beasley of the Ada, Oklahoma Evening News reports on the recent court victories by Pre-Paid Legal Services in Mississippi. For the original article, go to:

http://www.adaeveningnews.com/adanewspages/editorial/htm

Posted 11/9/2004
Pre-paid Legal pitches a courtroom battle shut out

It is a given that if losers in frivolous lawsuits had to pay the winners’ court costs, frivolous lawsuits would become a thing of the past. Making losers pay is a chief tenet of tort reform, and rightly so.

Prepaid Legal Services, Inc., of Ada, who has suffered more than its share of frivolous legal hassles, is a great proponent of tort reform.

Most residents know that among other services, Pre-Paid Legal provides a low cost means of protecting ordinary folks from the potential ravages of being sued in law-suit-happy America (and Canada).

It also provides for legal service benefits, including unlimited attorney consultation, will preparation, traffic violation defense, automobile-related criminal charges defense, letter writing document preparation and reviews, and a general trial defense benefit.

But recently the firm found itself threatened by a lawsuit that might have intimidated many companies into simply settling out of court in an attempt to make it go away quickly.
Besides, the geographical location in which the case was to be tried was hardly reassuring. Wilkinson County, Mississippi has a reputation for being a good place to file lawsuits against large corporations. The juries there, history proves, have been particularly friendly to even the most frivolous plaintiffs’ complaints. Despite this, Prepaid Legal refused to be intimidated, fought the good fight and came up with a well-deserved victory.

In fact, it was a shut out. As the jury announced its verdict it became clear that the count was 12 jurors to 0 in favor of dismissing the suit.

Lately, the case had been awaiting a ruling from the court on whether it should be certified as a class action suit. In September the court issued its ruling denying class certification on multiple grounds.

Chalk one up for the good guys. Perhaps tort reform will one day render such defenses unnecessary.

Loné Beasley
Ada Evening News Home Page