Capitol Law Group

Capitol Law Group | Trial Lawyers and Transactional Attorneys in Boise and Emmett, Idaho

End of the Year Check-list

Time flies, and soon we’ll be ringing in a brand-new year. Although we usually start on our to-dos in January, the end of the year is actually a great time to wrap things up and start new tasks. And there are also a number of things that have to be done by the end of the year. Get these things done to start 2016 fresh.

  1. Spend Your FSA

Make sure you’ve spent the money in your Flexible Spending Account, because it will expire by the end of the month. You may be allowed to file an extension if you haven’t used up all your FSA dollars, but you need to check your company policy to see if it allows that.

  1. Get Your Free Credit Report

We’re all entitled to one free credit report every year on AnnualCreditReport.com from each major credit reporting bureau (TransUnion, Equifax, and Experian).  If you haven’t gotten yours yet, make sure you get it by the end of the year. Every 4 months get a new free credit report from a different agency so that you can keep an eye on it.  While your free credit report doesn’t include your credit score, it will give you a copy of your credit history three times a year for free!  Did I mention for free?

  1. Visit the Dentist, Doctor, and Optometrist

Get a dental cleaning, health visit, and eye checkup before year end and maximize your deductible.

  1. Get Your Taxes Ready

Make the upcoming tax season easier on yourself by organizing your bills, receipts, pay stubs, and files before your paychecks suddenly say 2016.

  1. Make Your Donations

Donate to your favorite nonprofit before the end of the year so you can claim your contributions as a 2015 tax deduction and help lower your tax bill. This doesn’t just include monetary donations but also items you donate to places like Goodwill.

  1. Up Your Retirement Contributions

Now is the time to sneak in extra contributions before the year is over. If you haven’t contributed enough to your 401(k) to receive the full employer match and you have some extra cash, change your contribution amount before you get your last paychecks of the year. If you have IRA accounts, make sure you’ve contributed as much as possible — up to the annual maximum, which is $5,500.

  1. Clean Up a Storm

Get to cleaning for a fresh start to a new year. You definitely don’t want your clutter to carry on into 2016. Dust, vacuum, and scrub away so your place will be spic and span. This will put you in a better mind-set when it comes to starting new resolutions, because a clear space can represent a blank slate.

  1. Donate, Sell, Use Up, or Trash Clutter

When you’re done giving your place a cleaning makeover, take the items that you no longer want or need and sell, donate, use up, or trash them. They may range from items like old clothes to leftovers in your kitchen cupboard. Make way for 2016!

  1. Finish 3 Things You Said You’d Get Done This Year but Never Got Around To

Remember some of the promises you made at home, at work, or with friends that you never got around to keeping? Tackle at least three of them by the end of the year.

  1. Create and Update your “Life File”

The New Year is a great time to look at your bank accounts, update beneficiary designations on life insurance policies, update your business succession plan, review named beneficiaries of your retirement accounts and payable on death designations on checking accounts.  It’s time to create or update your Life File if you haven’t created one already.  Make sure the people who will inherit, receive money, or handle your affairs if you die or are incapacitated, are still the people you want doing those things.  Now is a good time to review and update your Will documents.  Any major life changes that occurred in 2015?  If so, make sure your Will, succession plan, and financial documents are up to date!

  1. Passwords

Having your Life File in place is only good if your loved ones know where to find the file and obtain the information!  Make sure all of your accounts, credit cards, loan accounts, social media and passwords to these accounts are known to those that will be handling your affairs in case of your death or incapacity.  If you are incapacitated or die, what would it take to keep your household and business running smoothly?

  1. Free Up Data Space

Delete old emails, documents, and photos you no longer need on your computer, cell phone, and cloud. Free up data space to prep for the coming year. Remember to also clear up your DVR recordings and camera photos.

  1. Your Business Presence

It’s a good time to apply for new jobs and job hunt, because companies are looking for hires for the New Year. You may think it’s slow season for hiring, but companies that are preparing for the upcoming year make their hiring decisions before the end of the month.  Even if you’re not applying for a new job, it’s a good time to update your résumé and your LinkedIn profile.

  1. Think About Your New Year Goals

We often push off thinking about our resolutions until January, but try to start thinking of your resolutions now, so you don’t feel rushed in the start of 2016. Better yet, who says you can’t get started on your 2016 resolutions now?

  1. Practice an Attitude of Gratitude

When you review the events of 2015, what are you grateful for?  Friends, family, good health, a roof over your head?  Make a list of major “Happiness Points” that occurred in 2015.  Pull out the list whenever 2016 seems overwhelming or when things are not going well.  Remember you have resilience – you will survive whatever life puts you through in 2016.  Just look at all the good things that happened in 2015!

Idaho Spam Laws

It is unlawful in Idaho to send junk e-mail (spam) or  unsolicited faxes that are advertisements. Idaho’s Consumer Protection Act offers individuals protection against junk email, and also penalizes those who illegally telemarket or fax bulk advertisements. There is scant case law or judicial opinions interpreting these laws in the State of Idaho.

IDAHO’S SPAM LAWS

Idaho’s Consumer Protection Act protects individuals from spam. Idaho law protects against “bulk electronic mail advertisements practices”. Spam is an electronic message “containing the same or similar advertisement, which is contemporaneously transmitted to two (2) or more recipients, pursuant to an internet or intranet computer network.” A “computer network” is a minimum of two (2) remotely connected devices or computers are capable of transmitting data through communication facilities.

It is unlawful for a person to use a computer to send spam if the sender:

  •  Uses a fictitious name of a third party in the return address field without that third party’s permission.
  •  Misrepresents any information that would identify the point of origin of the transmission of the advertisement.
  •  Sends an e-mail that fails to contain information identifying the point of origin of the transmission of the advertisement.
  • Sends an e-mail to a recipient five (5) days after the recipient unsubscribed from an e-mail.

A recipient of spam that meets any of the above criteria may bring an action to recover damages. Recipients of spam are able to seek actual and punitive damages. This applie to people who have suffered an “ascertainable loss of money or property” or need to treat an agreement as voidable. Damages are calculated as either the actual damages suffered or one thousand dollars ($1,000), whichever is greater. There is also the option for a class action. The class is allowed to seek the total amount of actual damages suffered or one thousand dollars ($1,000), whichever is greater. In addition to actual damages, the recipient may seek restitution, an injunction against the sender from sending bulk electronic mail, punitive damages, equitable relief, and any other relief which the court deems just and necessary.

The recipient may also choose to seek damages from the transmitter of bulk messages, which does not require actual damages, just simply that the sender falls into one of the statutory classifications. If the recipient chooses to attempt to  recover under against the transmitter, the recovery is the greater of either $100 for each bulk e-mail transmitted to the recipient, or one thousand dollars ($1,000) total.

Idaho law provides several exceptions to the spam rule:

  •      Idaho law does not apply to bulk e-mail that is part of the terms of service of a computer network or an electronic mail provider.
  •      Idaho law does not apply to messages the recipient accessed from an electronic bulletin board (for instance, spam messages found in the comment section to a news story
  •      Idaho law does not apply to electronic mail from an “organization or a similar entity to the members of such organization” (this e-mail list sharing is common among related        nonprofits and political organizations).

SPAM FAXES AND TELEMARKETERS

Idaho’s Spam law does not cover fax machines, as they are a telephonic communication instead of an electronic communication. However, Idaho provides for criminal penalties if someone is using a fax machine to harass or annoy. Using a facsimile to make a false statement to harass or annoy the recipient is guilty of a misdemeanor. Second or subsequent convictions will be charged as a felony.

Faxed advertisements and telephone solicitations are both regulated under the Idaho Telephone Solicitation Act (Title 48, Chapter 10, Idaho Code). In Idaho, it is okay to solicit people by telephone if the solicitor follows certain practices enumerated in the statute. It is always unlawful in Idaho to send unsolicited advertisements to a facsimile machine. There is no leeway or exceptions to the law regarding fax machines. Whoever sends an unsolicited advertisement to a fax machine is in violation of the Idaho Consumer Protection Act. The Idaho Attorney General’s Office enforces the Act, but the Act also provides for private causes of action and remedies.

Specifically, a telephone solicitor may never

  • Intimidate or torment someone during a solicitation.
  • Refuse to hang up after being requested to do so.
  • “Misrepresent the price, quality, or availability of the goods or services being offered to the purchaser” or to fail to disclose material matters relating to the services or goods offered.
  • Falsely advertise or imply that the caller or product has the approval or endorsement of any government or agency.
  • Mislead or block the recipient of your call from knowing the identity of the solicitor or business.
  • Violate any unfair solicitation practice enumerated in Idaho Code § 48-603A.

Idaho Code 48-1007 contains a nonexclusive list of private causes of action and remedies a person may seek against a telephone or fax solicitor. Generally, remedies against telephone solicitors require proof of actual damages. For example, if a person purchases goods or services because of a telephone solicitation or fax advertisement and suffers damages as a result, then the recipient may seek to recover for damages the recipient suffered. Any contract or agreement formed because of an illegal fax or telephone solicitation is voidable. It is against Idaho public policy to contract or agree to waive any purchaser’s rights and any agreement to do will be declared null and void. It is also unlawful to contact any person that has placed themselves on the Idaho “do not call list”. Idaho Code Ann. § 48-1003A (West). The District Court may impose a penalty on those that violate the do not call list provision not to exceed five hundred dollars ($500) for the first violation, two thousand five hundred dollars ($2,500) for the second violation, and five thousand dollars ($5,000) for the third and subsequent violations.

Certain telephone solicitors are exempt from the Idaho Telephone Solicitation Act under Idaho Code § 48-1005 when:

  • The telephone call is an isolated incident and not conducted in a pattern of repeated calls or less than sixty 60(%) percent of the caller’s prior year sales were made as a result of telephone solicitations.
  • The person receiving the phone call has previously purchased goods or services from the solicitor or business entity for which the person is soliciting.
  • The person soliciting does not have the intent to “obtain provisional acceptance of a purchase” during the phone call and only arranges for a major sales presentation to be made at a later face-to-face meeting between the person and the purchaser, and the later face-to-face meeting is not for the purpose of collecting the payment or delivering any item purchased.”
  • The solicitation is from a business licensed by any federal or state agency.
  • The solicitation is for the purposes of selling a newspaper subscription or advertising, or a telephone directory.
  • “A person who has at least one (1) business location in the state under the same name as that used in connection with telephone solicitations and ninety percent (90%) of the person’s business involves the purchaser’s obtaining services and products at the person’s business location.”
  • A person who solicits sales by delivering a catalog of merchandise to purchasers if the catalog contains written or illustrated descriptions of the item for sale, includes the business or home address of the solicitation, has at least twenty-four (24) pages of material and illustrations, has an annual circulation of not less than two hundred and fifty thousand (250,000). 

 

Target’s Free Credit Report Email: What to Do Next

By FindLaw Staff

Did you get Target’s email about free credit reports? If so, what should you do next?

In a push to regain the trust of its customers after a massive data breach, Target is offering impacted customers daily credit monitoring, identity theft insurance and access to a Fraud Resolution Agent.

Millions of Americans received Target’s free credit monitoring offer email recently, but considering all the risks associated with scam emails, they may be unsure about how to react, Credit.com reports.

If you received Target’s free credit report email, here are a few steps you may want to consider:

  1. Make sure it’s real. In a tragic twist of irony, email scams of Target’s free credit report offer are making the rounds. Keep an eye out for telltale signs of Target email scams, CNNMoney advises. Watch out for email addresses that don’t match (or addresses that just don’t look quite right) and emails that ask for personal information or money. A red flag should also go up if the email contains spelling errors or stresses a sense of urgency.
  2. Sign up. Out of an abundance of caution, you may not want to click on the links in Target’s email message. Instead, go to the address bar of your browser and manually type CreditMonitoring.Target.com. Fill out your name and email address there. Next, obtain and save the redemption code Target sends you (if you can’t find it, check your spam folder). Manually type ProtectMyID.com/target into your browser’s address bar. That will bring you to Experian’s website for Target victims. Paste the redemption code into the box. Fill out the other identifying information. Keep in mind you’ll have to enter some sensitive financial information and your Social Security number to verify your identity, cautions Credit.com.
  3. Check your report and repeat periodically. Once you make it through the authentication process, carefully review your credit report and check for errors. You should do this once every month, on Target’s dime. Also, don’t forget to set up text alerts — again, on Target’s dime — so you’ll be contacted if someone tries to open credit in your name.

Signing up for Target’s free credit monitoring is an excellent way to help protect yourself from fraud stemming from the hacking incident. Keep in mind that guests have until April 23, 2014, to sign up to receive an activation code. Activation codes must be redeemed by April 30, 2014.

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Source: Common Law Articles

Are Handwritten Agreements Legally Binding?

By Brett Snider, Esq.

Here’s a question business owners may be wondering on National Handwriting Day: Will handwritten agreements and promises hold up in court?

Legally binding contracts for business purposes are typically envisioned as volumes of printed paper with wax seals and signed with a quill pen. But in reality, many handwritten agreements are just as valid.

So even if your business contracts are written in crayon, here’s a breakdown of the legal effect of handwritten agreements:

Written Contracts and the Statute of Frauds

As you probably know, there is a legal difference between a heartfelt promise and an enforceable contract. A type of law known as the Statute of Frauds requires that certain promises (to exchange property or perform tasks, for example) be in writing in order to be legally enforceable.

Every state has its own version of the Statute of Frauds, but typically the following kinds of contracts need to be in writing:

  • Agreements extending longer than 1 year,
  • Leases longer than 1 year,
  • Sale or transfer of real property,
  • Payment of another’s debts,
  • Agreements that go on past the promisor’s death, and
  • Contracts for goods over a certain amount (e.g., $500).

There is generally no requirement that written agreements in these circumstances need to be typed or handwritten. So an agreement for the sale of $600 in loose diamonds may be perfectly enforceable — even if it was written with a ballpoint pen on Looney Tunes stationary.

Wills are a more complicated form of contract, but even handwritten (or holographic) wills may be legally enforceable.

Handwritten Agreements and Small Businesses

Of course for small business owners, printed (typed) contracts are the norm when it comes to dealing with sales, employees, and clients. After all, it’s impractical to write all those employment contracts by hand, especially if you remember to include all the important clauses.

But there are a few instances in which entrepreneurs may find themselves signing off on a handwritten promise — for example, a simple IOU for repayment or a promise to give an employee a raise. If that’s the case, look first to the Statute of Frauds to see if that handwritten promise is legally binding.

If you’re still wondering whether what your business put to paper is legal, contact an experienced contracts attorney today.

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Source: Free Enterprise Law Feed

25 Terrible Passwords Biz Owners Should Avoid

By Jenny Tsay, Esq.

With more businesses being hit by cyberattacks, small business owners will want to take precautions. One simple thing you can do is to avoid using the 25 most common (and most terrible) passwords that are floating around the Internet.

Password-management firm SplashData has released its annual list of the 25 most popular online passwords. These passwords make it very easy for other people to log in to your personal accounts, which puts your personal information at risk, according to the company.

So without further ado, here are the 25 worst passwords by rank, according to SplashData:

  1. 123456
  2. password
  3. 12345678
  4. qwerty
  5. abc123
  6. 123456789
  7. 111111
  8. 1234567
  9. iloveyou
  10. adobe123
  11. 123123
  12. admin
  13. 1234567890
  14. letmein
  15. photoshop
  16. 1234
  17. monkey
  18. shadow
  19. sunshine
  20. 12345
  21. password1
  22. princess
  23. azerty
  24. trustno1
  25. 00000

Strong Password Tips

Choosing a good, secure password may be as valuable as purchasing expensive software to prevent hackers and cyberattacks. To create a unique password, make sure that your passwords:

  • Are more than eight characters;
  • Contain numbers, uppercase and lowercase letters, and special characters like !, @, and ?;
  • Are changed frequently; and
  • Are different for every account.

Another tip is to create “passphrases” — short words with characters or spaces separating them. It’s best to use words that aren’t associated with each other to keep cyber criminals at bay, according to SplashData. For example, “star_computer_door” or “phone@glass!purple.”

Remember: You want to create a password that you can easily recall, but is unique enough to ward off hackers. So use the 25 terrible passwords list as inspiration for what not to do when setting up your company’s accounts.

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Source: Free Enterprise Law Feed