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california attorney general issues new opinion on ca553 conditional sales contract for vehicle sales by licensed car dealers 2 comments
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OPINION of EDMUND G. BROWN JR. Attorney General DIANE E. EISENBERG Deputy Attorney General
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________________________________________________________________________
TO BE PUBLISHED IN THE OFFICIAL REPORTS
OFFICE OF THE ATTORNEY GENERAL
State of California
EDMUND G. BROWN JR.
Attorney General
No. 08-804
December 31, 2009
THE HONORABLE NOREEN EVANS, MEMBER OF THE STATE ASSEMBLY, has requested an opinion on the following question:
Is the single document requirement for automobile sales contracts satisfied if the document consists of multiple pages that are attached to each other and integrated by means such as inclusive sequential page numbering (e.g., “1 of 4,” “2 of 4,” etc.)?
CONCLUSION
The single document requirement for automobile sales contracts is satisfied if the document consists of multiple pages that are attached to each other and integrated by means such as inclusive sequential page numbering (e.g., “1 of 4,” “2 of 4,” etc.).
ANALYSIS Under California’s Automobile Sales Finance Act (ASFA),
1 automobile sales contracts must contain certain terms and disclosures
2 for the protection of consumers.
3 In addition, certain provisions of such contracts are required to be prominently displayed in fonts of specified size, and in specified locations and sequences, again for the protection of consumers. On top of that, regulated sales contracts are required to be reproduced as a “single document,”
4 so that the necessary terms and notices may not be concealed from consumers by being shunted to an unseen appendix. The extensive formalities and requirements are mandatory,
5 and a contract that does not substantially conform to the requirements is unenforceable.
6 1 Civ. Code §§ 2981–2984.6. 2 Civil Code section 2982 provides that a conditional sale contract subject to the ASFA must contain disclosures mandated by federal Regulation Z, 12 C.F.R. §§ 226.1– 226.48 (2009). Regulation Z implements the Truth in Lending Act, which is found at 15 U.S.C. §§ 1601–1667f. 3 See, e.g,. Cerra v. Blackstone, 172 Cal. App. 3d 604, 608 (1985) (“The legislative purpose in enacting the [ASFA] was to provide more comprehensive protection for the unsophisticated motor vehicle consumer.”). 4 Civ. Code § 2981.9 (part of the ASFA).
Although our analysis focuses on automobile sales contracts, we note that the same language appears in other consumer sales statutes, and we have no reason to believe that our analysis would not apply to them as well. See Civ. Code § 2985.8 (part of the Vehicle Leasing Act, Civ. Code §§ 2985.7–2994); Civ. Code § 1803.2 (part of the California Retail Installment Sales Act). 5 Civ. Code § 2982(m) states that the required terms “may” be printed according to the specified regulations.
However, experts in the field and judicial decisions uniformly construe these consumer-protection rules as mandatory. See, e.g., Justice William Masterson (Retired), Justice Elizabeth Baron (Retired) & Louise LaMothe, California Civil Practice Business Litigation, § 58:11 (Thomson Reuters 2009); Cynthia L. Fatica, California Transactions Forms: Business Transactions Vol. 5, § 34:33 (Thomson Reuters 2009); Kunert v. Mission Fin. Serv. Corp., 110 Cal. App. 4th 242, 248 (2003). 6 See Kunert v. Mission Fin. Serv. Corp., 110 Cal. App. 4t h at 248. 2 08-804
Taking all of the rules into account, an automobile sales contract must now be approximately 24 inches long (printed on both sides) in order to contain all of the required provisions in their required sizes. This is an unwieldy size for a business document, and incompatible with standard office printing and reproduction machines. This incompatibility leads to significant trouble and expense for automobile dealers, as well as for those consumers who need to make or transmit copies of their sales contracts.
We have been asked to determine whether the single-document rule would be satisfied if the document were to consist of multiple pages that are attached to each other and are properly integrated by appropriate means, such as inclusive sequential page numbering that presents the page numbers as “1 of 4,” “2 of 4,” and so forth. In order to answer this question, we apply well established rules of statutory construction, looking first at the plain language of the relevant statutes with the aim of ascertaining the Legislature’s intent.
7 To that end, we turn to Civil Code section 2981.9, which sets forth some of the requirements for conditional sale contracts governed by the Automobile Sales Finance Act: Every conditional sale contract subject to this chapter shall be in writing and, if printed, shall be printed in type no smaller than 6-point, and shall contain in a single document all of the agreements of the buyer and seller with respect to the total cost and the terms of payment for the motor vehicle, including any promissory notes or any other evidences of indebtedness.
8 Orr v. City of Stockton, 150 Cal. App. 4th 622, 629 (2007); see also Dyna-Med, Inc. v. Fair Empl. & Hous. Commn., 43 Cal. 3d 1379, 1386-1387 (1987).
8 Emphasis added. See also Civ. Code § 2985.8(a) (“Every lease contract shall be in writing and the print portion of the contract shall be printed in at least 8-point type and shall contain in a single document all of the agreements of the lessor and lessee with respect to the obligations of each party.”); Civ. Code § 1803.2 (“[E]very retail installment contract shall be contained in a single document that shall contain . . . [t]he entire agreement of the parties . . .”)
There is no definition in the ASFA of the term “single document.” Nor do we find the term defined in other statutory schemes. Therefore, we look to the usual and ordinary meaning of the words, bearing in mind the context in which they are used.
9 The most relevant definition of “single” in this context is “a separate individual member of a large class of similar or identical objects.”
10 The most relevant definition of “document” is “an original or official paper relied upon as the basis, proof, or support of something.”
11 Thus, the term “single document” means a separate or individual official paper. Nothing in this definition suggests that the entirety of the document must be contained on one page or on one sheet of paper. There is also no such suggestion in the few cases arising under consumer protection laws in which the rule is discussed. In Kroupa v. Sunrise Ford, the Court of Appeal decided that when a consumer traded in two vehicles, received a rebate from the dealer, and entered into a vehicle lease, all as part of the same negotiation, the three occurrences constituted a single transaction that should have been memorialized in a single document.
12 Other documents contained information about the rebate and the trade-ins, which affected the financing terms of the lease, but the lease did not. The absence of a single document that contained all the parties’ agreements with respect to their obligations was held to constitute a violation of the single document requirement.
13 The Court did not state, however, that the required information all had to be contained on one sheet of paper. Earlier, in Morgan v. Reasor Corp., the California Supreme Court held that the single document requirement in the Unruh Act was not met where an installment contract and a promissory note were not physically attached to each other.
14 Implicit in this holding is the notion that separate pages physically attached to each other may constitute a single document.15 9 See Dyna-Med, 43 Cal. 3d at 1387.
10 Webster’s Third New International Dictionary of the English Language
(Unabridged) 2123 (Philip Babcock Gove, ed. in chief, Merriam-Webster Inc. 2002). 11 Id. at 666. 12 Kroupa v. Sunrise Ford, 77 Cal. App. 4th 835, 843 (1999) (as modified, Jan. 20, 2000). 13 Id. 14 Morgan v. Reasor Corp., 69 Cal. 2d 881, 892 (1968).
15 The holding in Morgan is also consistent with a prior opinion issued by this
Currently, the federal Truth in Lending Act (provisions of which are incorporated by reference into the ASFA
16 does not include a single document requirement.
17 But case law construing a previous version of the Truth in Lending Act suggests that such a requirement was understood to be part of the earlier law, and some of these cases describe the requirement. For example, in finding a disclosure statement that simply said “refer to note” to be inadequate, the Ninth Circuit Court of Appeals stated: We think that this provision [former 15 U.S.C. § 1639(b)] means that the required disclosures can be made by including all required information in the instrument of indebtedness, not that some of the information can be disclosed in the disclosure statement while other information is disclosed in another document. The whole purpose of the Truth in Lending Act is to provide meaningful disclosure to a borrower. Such a goal is not met if the borrower must examine several documents to learn the terms of the loan agreement.
18 It is apparent that these authorities deem the purpose of the single document rule to be the facilitation of the consumer’s review of all of the parties’ agreements before the consumer signs the sale or lease contract, so that the consumer has complete and accurate information. The rule also helps to avert later disputes about the terms of the parties’ final agreement.
While a single-sheet document, which forecloses the possibility of pages becoming detached, may serve these objectives well, the single document rule does not require that the document consist of only one sheet of paper.
In 45 Ops.Cal.Atty.Gen. 8 (1965), we assumed without discussion that a contract entered into pursuant to the Unruh Act would be violated if “a deed of trust that was attached as part of the contract were detached from the rest of the document by means of tearing along perforations or removal of staples.” Id. at n. 9. 16 See Civ. Code § 2982.
17 Under federal Regulations M and Z, disclosures must be made “clearly and conspicuously in writing, in a form that the consumer may keep.” See 12 C.F.R. § 213.3 (Reg. M); 12 C.F.R. §§ 226.5, 226.17, 226.31 (Reg. Z). 18 Ljepava v. M. L. S. C. Prop. Inc., 511 F.2d 935, 942 (9th Cir. 1975). 5 08-804
Our conclusion is bolstered by a recent decision of the California Supreme Court, Alan v. American Honda Motor Co., Inc., in which the Court construed a particular rule of court to include a single document requirement, even though the term “single document” does not appear in the language of the rule.
19 As the Court stated, [W]e see no reason why the clerk could not satisfy the single-document requirement by attaching a certificate of mailing to the file-stamped judgment or appealable order, or to a document entitled “Notice of Entry.” Obviously a document can have multiple pages. But the rule does not require litigants to glean the required information from multiple documents or to guess, at their peril, whether such documents in combination trigger the duty to file a notice of appeal.
20 A rule of court is not drafted by the Legislature, and the rule at issue in the Alan case pertains to litigant protection, rather than consumer protection in the commercial arena. We nonetheless find it significant that, in applying ordinary principles of statutory construction to the rule ,
21 the Court’s view of the function of the single document requirement was the same as that of the Ninth Circuit in Morgan. And we find both cases relevant to, as well as consistent with, our understanding of the ordinary meaning of the term “single document.” Accordingly, we conclude that the single document requirement for automobile sales contracts is satisfied if the document consists of multiple pages that are attached to each other and integrated by means such as inclusive sequential page numbering (e.g., “1 of 4”, “2 of 4”, etc.). *****
19 Alan v. Am. Honda Motor Co., Inc., 40 Cal. 4th 894, 903–905 (2007) (holding that the phrase “a document” in Cal. Rule of Court 8.104, which governs the timeliness of appeals in specified circumstances, means “a single, self-sufficient document satisfying all of the rule’s conditions”). 20 Id. at 905 (emphasis added). 21 Id. at 902 (ordinary principles of statutory construction govern interpretation of the Cal. Rules of Court). 6 08-804
http://ag.ca.gov/cms_attachments/opinions/pdfs/o546_08-804.pdf
classic car glossary of car dealer terms 2 comments
A
ANTIQUE – a general description of an object having special value because of it’s age (usually more than 100years old) in automotive terms it tends to refer to a vehicle that was built prior to 1915.
ALL WEATHER – a term used in the twenties and thirties to denote a four door convertible sedan.
B
BAQUET- the literal translation is ‘bath tub’. It refers to cars at the beginning of the century in Europe with two rows of raised seats (single seats or divans) similar to those used in turn of the century horse drawn carriages. Baquets were generally without front doors, a top or a windshield. In the United States the term ‘touring’ was often used. Also see Phaeton
BARCHETTA – an open top car dedicated to racing without doors or a top and with uniform and streamlined bodywork. It could have one or two separate seats.
BAROUCHE- a carriage term very rarely used for automobiles. The driver sat in an open front seat with two couples facing each other inside a closed cabin. There was a folding top over the rear seat.
BATEAU – The shape of the rear end of open-topped racers at the beginning of the century, which looked like the hull of a boat. Also see Boattail.
BERLINE – a sedan
BOATTAIL – the tapered form of the rear-end. The term literally describes the shape of the vehicle tail, which resembled the bow of a boat. Popular in racing. Also see Bateau
BONNET – English term for panel that covers the engine. Americans call it a hood.
BOOT – English term for panel that covers the rear luggage compartment. Americans call it a trunk.
BROUGHAM – in early motoring this broad term signified a closed car for two or four persons. In later forms it was often found to describe a car with an open front driver’s compartment. When coupled with sharp lines and flat surfaces it may be called a ‘Panel Brougham’.
BULLNOSE – a term in use in England during the 1920′s to indicate a type of radiator, which supposedly resembled the nose of a bull! E.g.: Bull-nose Morris.
BUSINESS COUPE – a simple two-door coupe without a rumble seat, such as used by doctors, bankers and salesman etc. Everyday transport for the middleclass.
C
CABRIOLET – generally this means a convertible car with windows. However, this term has changed meaning significantly over the years and can even mean different things in different countries. During the 1920′s and 30′s in Europe it meant an open car with a top, two doors and four seats, which was most often derived from a sedan. The equivalent in Great Britain was called a drop-head coupe while the English used the term Cabriolet to mean a four door open top car. Concurrently in the United States, the term used was Convertible coupe. Today Cabriolet describes open top cars derived from a sedan or coupe. It could also be understood to mean an open top car with two rows of seats with just two doors. Although in reality it can have any number of doors and windows.
CHUMMY – In England from 1920 and up, a chummy was an open top car. The vehicle was usually a 2+2 i.e.: two full-sized seats up front with two small ‘occasional’ seats in the rear.
CLASSIC – according to the Classic Car Club of America this term refers only to specific or important marques built between 1925 and 1942 (with certain post-war exceptions). It is however applied today by owners of almost any collectible car more that is more than 25 years old.
CLUB COUPE – a two-door closed car with a rear seat.
COACH-LINE – a painted accent line on the body of a car. Modern equivalent is the pinstripe.
CONCOURS (d’Elegance) – a gathering or show of the elegant.
CONVERTIBLE – In short, a car with a folding top and windows! In the US from 1927 on, the term was used to mean a car with a soft, retractable top was hooked permanently to the bodywork, and therefore not removable like a roadster’s was. Other requisites were side windows that opened and the absence of any framework above the waist of the car apart from the windshield. The most common example of the was therefore called a convertible coupe these had two doors, whilst cars with four doors were called convertible sedans. In both cases four or five people could be seated.
CONVERTIBLE ROADSTER – a convertible is an open car with windows; a roadster is an open car without windows, hence a term which contradicts itself. Used by Lincoln, Chrysler and others about 1930 to emphasize sportiness.
CONVERTIBLE VICTORIA – a four passenger two door two-window cabriolet.
COUPE – a closed car with two doors for two or three people and a roofline that generally curves at the back. May also have a rudimentary rear seat in which case it is usually called a Club Coupe.
COUPE CHAUFFEUR – chauffeur driven car with passengers fully enclosed and the chauffeur exposed. Body has a blind rear quarter.
COUPE DeVILLE – or “town coupe”, applied imaginatively to various body styles Usually a four passenger two-door car with a permanently closed roof over the rear seats and a removable top covering the front seats. See Sedanca
COUPELET – a term used especially by Ford to describe a Model T two seater Cabriolet.
COUPE LIMOUSINE – chauffeur driven car with the passengers fully enclosed and the chauffeur exposed. Body has rear quarter windows.
CYCLE FENDERS – usually a front and sometimes a rear fender similar to that used on a motorcycle which follows the curvature of the wheel.
D
DeVILLE EXTENSION – a sliding roof over the front seat with side arms that folded back into the remaining roof thus producing a Sedanca configuration in metal rather than the usual fabric.
DICKEY – or Rumble seat. An extra external seat that could be accessed by lifting a forward-opening ‘trunk-like’ lid in the rear of the car.
DROPHEAD COUPE – British term for the equivalent of the American convertible, or the European Cabriolet.
DUAL COWL – a design of touring car, which saw the cab, divided into two compartments, front and back. Separated with a rear windshield mounted on a folding cowl, which covers part of the rear compartment.
E
ESTATE CAR – a station wagon, or four-door, four passenger car with an extended roof line plus a gate or hatch in the rear for increased cargo capacity.
F
FAUX CABRIOLET – a fixed head coupe made to resemble a cabriolet.
FENCERS MASK – The term used to describe a type of radiator grille design from the 1930′s which resembled a fencers mask for it’s shape and fine weave of the grille.
FIXED HEAD COUPE – a closed coupe.
FORDOR – Ford’s name for a four door sedan.
G
GOUTTE d’EAU – a body with a ‘tear drop’ design, flowing down to the rear.
GOVERNOR – a device used with the carburetor to restrict maximum engine speed.
GRAN TURISMO (GT) – grand touring
GP – Grand Prix or Great Prize.
GT – Grand Touring
H
HARD TOP – a removable top to replace the soft-top. It typically made from fiberglass, although sometime steel and usually painted the same color as the body of the car.
HOOD – American terminology for the sheet metal panel covering the engine.
HOOD – British terminology a convertibles soft-top.
HORSELESS CARRIAGE – a term defined by the Horseless Carriage Club of America applying to cars built before 1915 (See also Antique)
I J K
L
LANDAU- a partially opened limousine. The open part was usually in the front where the driver sat.
LANDAULET – a Landau limousine in which the section over the rear seats also opens or folds down.
LIGHT – a small window as in sidelight, quarterlight, skylight etc.
LIMOUSINE – a chauffeured sedan often with a longer wheelbase and usually with a division between the driver and the passengers. The rear compartment had luxurious features with controls for heating, radio and opening and closing the glass or wood division.
M
MARQUE – a make or brand of car.
MM – Mille Miglia, a 1000 mile Italian road race from 1927 to 1957.
MOTHER-IN-LAW SEAT – a single sideways-facing rear seat. Usually found in coupes or cabriolets.
N
O
OPERA COUPE – a two door closed car with a small folding seat beside the driver. This allowed easy passage to a rear seat for two, usually offset to the right in left-hand drive cars.
P
PANEL BROUGHAM – see BROUGHAM
PHAETON – it means opened top car with four seats. French term taken from the Greek “Phaeton” who drove the chariot of his sun-god father, Helios. A small four door open touring car.
Q
QUARTER WINDOW or QUARTER LIGHT- the small triangular side window to the rear most of the rear door glass, and foremost of the front door main glass.
R
RAGTOP – See soft-top
RIB – a bow made of metal or wood that makes up part of the rigid or semi-rigid frame of a convertible top.
ROADSTER – The term roadster has had several meanings depending on the origin and period. One thing everyone agrees on is that they did not have a top. Most recently the term has meant sportscar, generally it’s accepted to mean, small and powerful two-seater sportscar.
ROLL BAR – A metal bar fashioned in such a way to protect the driver in the event the car rolls over.
RUNABOUT – A small light two seater. Runabout was mainly an American term to indicate small open car, very basic and cheap. Predecessor to the Roadster.
S
SEDANCA – A type of early body design in which the top extended for a quarter of a circle and covered only the passengers in the rear seats.
SHOOTING BRAKE – This is a European term used typically to describe a car that is a cross between a two-door sports coupe and an estate car. Made popular by the well heeled as they wanted a vehicle to move larger than normal amounts of cargo (even dogs when grouse shooting) without having to resort to a dowdy estate car or station wagon!
SPORTIF – a very tight or narrow type of Phaeton.
SPORT COUPE – a closed coupe with a cloth top and sometimes landau irons resembling a convertible.
SPYDER – a light two-seater roadster (also called a Spider). The European term for the English Roadster.
SS – Super Sport
STATION WAGON – a utility car built of wood, typically with four doors.
SUBURBAN – a seven passenger limousine
SUICIDE DOOR- a rear hinged door, typically for the front seat. At speed any chance opening would cause the door to whip backward with great force.
SUPERLEGGERA – super light
T
TARGA – a coupe with a removable roof panel (or panels) from above the heads of the front seat occupants.
THREE POSITION COUPE – A Coupe de Ville which may be presented as a fully closed coupe, a deVille Coupe with the front section open or a fully collapsible convertible.
TONNEAU – the rear compartment of a car body, usually an open touring body. i.e. Phaeton
TONNEAU COVER – soft cover used on parked roadsters to protect the cab from rain when the top is down.
TORPEDO – a long wheelbase very smooth touring car with flat panel’s low doors and sides that offered no protection from the weather. They succeeded Tourers and Phaetons.
TOURING CAR – a four door open car, four seats and without windows. US equivalent of the European Baquet.
TOWN CABRIOLET – A town car in which the covered rear section converts to an open car.
TOWN CAR – a chauffeur driven car with the passengers fully enclosed and the chauffeur exposed. Also known as a Sedanca de Ville or Town Brougham
TUDOR SEDAN – Ford’s term for a two door.
TWIN SIX – Packard’s first twelve-cylinder car introduced in late 1915 and produced until 1920. When Packard reintroduced the new V12 in 1932, the term was reused for that first year only.
U
UNDERSLUNG – an automobile whose frame passed underneath the axles. Used primarily by the American Motor Company of Indianapolis from 1907 to 1914
V
VICTORIA – a close coupled two-door sedan or an enlarged coupe with a rear seat. Also a four door open car with folding top over the rear seat only.
VINTAGE – formerly a term describing cars built between 1915 and 1925 but now used broadly, especially in England, to include cars manufactured between 1920 and 1942.
VIS A VIS – a term used generally to describe a seating arrangement where the passengers sit facing each other.
W
WEYMANN – a patented body in which wooden frame members were joined by metal strips preventing the wood from touching and squeaking.
WINDOW STRAP – a strap attached to the base of a window, which passed inside the body up to the sill, and into the interior of the car. It could be used to pull the window up. Holes in the strap could be buckled against an interior pin to hold the window at various elevations.
WINDSCREEN – English term for windshield
WING – English term for fender
WINTER FRONT – a patented name for a shuttered radiator cover by the Pines Co., which could be opened and closed to regulate engine temperature.
WOODY – a motor vehicle incorporating natural finished wood for structure and all exposed parts of the body. The term has been loosely applied to any car, which uses wood coverings, even over metal.
XYZ
carfax glossary of car dealer license terms no comments
www.carfax.com
Accident / Damage Indicator —
CARFAX receives information about accidents in all 50 states, the District of Columbia and Canada. Different information in a vehicle’s history can indicate an accident or damage, such as: salvage auction, fire damage, police-reported accident, crash test vehicle, damage disclosure, collision repair facility and automotive recycler records. Not every accident or damage event is reported and not all reported are provided to CARFAX. Details about the accident or damage event when reported to CARFAX (e.g. severity, impact location, airbag deployment) are included on the Vehicle History Report. CARFAX recommends you obtain a vehicle inspection from your dealer or an independent mechanic.
Airbag Deployment —
Occurs when the driver, passenger or side airbag has been used or deployed during a crash or other incident. If an airbag has been deployed, it must be replaced by a qualified technician. Have this car inspected by a mechanic prior to purchase. Use CARFAX Airbag Tips to make sure this vehicle’s airbag system is functional.
Auction Disclosures or Announcements —
Dealers and institutions (i.e. fleet companies, rental car companies, and manufacturers) sell millions of cars at auction each year. Sellers often provide disclosures about a vehicle’s damage, mileage, or repair history. These disclosures are made available to potential buyers in pre-sale lists and in auction announcements.
Auto Auction —
Auto auctions provide CARFAX with odometer readings for vehicles bought and sold at auction. Approximately 31% of used cars sold at dealerships are purchased at auto auctions.
Automotive Recycler —
Vehicles sold at an automotive recycler are often totaled by insurance companies. The majority of these vehicles are 1) rebuilt and sold as a complete vehicle, 2) dismantled and sold for parts, or 3) scrapped and sold as metal. On occasion, they also handle vehicles with no specific damage history.
Bonded Title —
A title is bonded when the owner has no proof of ownership during the titling process. The bond remains in effect for three years or until the vehicle is no longer registered in the state.
Built to Non U.S. Standards —
Vehicle previously registered or titled outside of the U.S. and may not comply with U.S. safety and emissions standards.
Canadian Damage Report —
CARFAX receives damage reports for many accidents occurring in the following Canadian Provinces: Ontario, Alberta, Nova Scotia, New Brunswick, Prince Edward Island, Newfoundland, Yukon territories, Northwest territories, and Nunavut. These reports may be completed following an accident or other incident. Some include a damage claim amount. This amount represents physical damage to the vehicle and depending on the accident, damage to other vehicles and/or property. It does not include expenses like towing, a rental car or any medical related items.
Canadian Total Loss Vehicle —
An insurance company declares a vehicle a total loss if the estimated repair cost, plus the salvage value of the damaged vehicle, exceeds the cash value of the vehicle before it was damaged. A Canadian vehicle declared a total loss may require a technical inspection before it can return to the road.
Certified Pre-Owned Vehicle —
Many manufacturers have certified pre-owned programs that promote used vehicles that meet high standards defined by the manufacturer. Each program has a different certification process.
Collision Repair Facility —
A collision repair facility specializes in repairing vehicle damage caused by accidents and other incidents. A vehicle inspection completed by your dealer or a professional inspector is recommended.
Commercial —
Vehicle was registered for business purposes.
Crash Test —
Vehicles used in crash tests are supposed to be sold as junk vehicles. Institutions that test these vehicles disclose this information to CARFAX to help ensure they do not end up back on the road.
Curbstoning —
A curbstoner is a person who purchases vehicles at volumes that require a dealer license and then poses as a private seller to sell to unsuspecting buyers for a large profit. Curbstoning is illegal in most States. CARFAX analyzes a vehicle’s history for specific events to determine if a vehicle is potentially at risk for curbstoning. For instance, a vehicle that has been sold at auction but not issued a new title during a given period of time. Please see the CARFAX Curbstoning Tips for other ways to identify a potential curbstoner.
Damage Disclosure —
When the owner discloses to a DMV or other CARFAX source that the vehicle sustained damage. The extent of damage can range from minor to severe. CARFAX recommends you have this vehicle inspected.
Date Reported —
Refers to the date when the transaction occurred.
Dealer Service Company —
Dealer Service Companies assist auto dealers in managing their inventories. These companies offer data services in the areas of mass marketing, maintenance notification, unit labeling and advertising. Not all dealer service companies report information to CARFAX.
Dismantled Title —
The vehicle sustained major damage to one or more major component parts and the cost of repairing the vehicle for safe operation exceeds its fair market value. When a Dismantled title is issued, the vehicle may be used only for parts or scrap metal. It cannot be re-titled or returned to the road.
Exceeds Mechanical Limits —
A vehicle with a 5-digit odometer cannot accurately track mileage after 99,999 miles because the odometer rolls over. This title is the result of a seller certifying under the Federal Odometer Act, that the odometer reading EXCEEDS MECHANICAL LIMITS of the odometer.
Exempt Vehicle —
In most states, odometer law requires that vehicles less than 10 years old report odometer readings. Vehicles over 10 years old are often exempt from this requirement and do not need to provide odometer readings.
Failed Emissions Inspection —
The emissions check performed during a vehicle inspection indicated the vehicle was emitting more than allowable emissions standards and/or had missing or modified parts. Repeated failed emissions records can indicate engine problems and CARFAX recommends you have the vehicle inspected.
Federal Odometer Act —
The Federal Odometer Act requires a seller to disclose the vehicle’s mileage on the title when ownership is transferred. Congress enacted this Act to prohibit odometer tampering and to protect consumers from mileage fraud. Under this act, sellers must disclose any issues with the vehicle’s odometer. These disclosures translate into the Exceed Mechanical Limits and Not
Actual Mileage titles.
Fire Damage —
CARFAX receives information on vehicle fires from most U.S. jurisdictions. These events are taken from the actual fire department reports compiled at the scene.
Fire Damage Title —
The vehicle sustained major damage due to fire. In most states, fire damage titles are issued when the cost of repairing the vehicle for safe operation exceeds its fair market value.
First Owner —
When the first owner(s) obtains a title from a Department of Motor Vehicles as proof of ownership.
Fleet Management Company —
Fleet Management Companies manage the financing, insurance, maintenance and repair of corporate or government fleet vehicles. Fleet companies are typically self-insured. Several fleet companies provide CARFAX with the repair and damage history of their vehicles.
Fleet Vehicle —
Vehicle was registered or sold to a company that manages vehicle fleets.
Flood Damage Title —
States issue flood titles when a vehicle has been in a flood or has received extensive water damage.
Ford or Lincoln Mercury Recall —
The Ford Motor Company provides Carfax with recall information regarding safety, compliance and emissions programs announced since 2000 for a specific vehicle. For complete information regarding programs or concerns about this vehicle, please contact a local Ford or Lincoln Mercury Dealer.
General Comments —
CARFAX reports display important information in the General Comments column of the Detailed Vehicle History. Comments will vary, depending on the information provided by the source.
Grey Market Vehicle —
Vehicle previously registered or titled outside of the U.S. and may not comply with U.S. safety and emissions standards.
Gross Polluter —
A Gross Polluter is a vehicle that fails an emissions inspection with below-standard scores. These vehicles can pollute as much as 18 times more than a vehicle that passes an emissions inspection. It is illegal to drive or sell a gross polluting vehicle in California, and it cannot be registered with the DMV. CARFAX recommends checking the latest Vehicle Inspection Report to confirm the proper repairs have been completed before purchasing.
Hail Damage Title —
The vehicle sustained major damage due to hail. In most states, hail damage titles are issued when the cost of repairing the vehicle for safe operation exceeds its fair market value.
Information Source —
CARFAX receives data from thousands of data sources. The information source refers to the source or provider of the vehicle history information reported in the Vehicle History Report.
Inspections —
Many states or counties require annual or biennial emissions and/or safety inspections. Odometer readings are collected at the time of the inspection.
Junk Title —
A Junk Title is issued on a vehicle damaged to the extent that the cost of repairing the vehicle exceeds ~ 75% of its pre-damage value. This damage threshold may vary by state. The majority of states use this title to indicate that a vehicle is not road worthy and cannot be titled again. Some states treat Junk titles the same as Salvage.
Lease —
When someone leases a car from a dealer, the dealer actually sells the vehicle to a leasing company. The leasing company then collects payments for the vehicle from the new owner for 24, 36, 48 or more months. A leasing company can be an independent car dealer or a car manufacturer.
Lemon Law Vehicle —
A vehicle with major problems that has been repurchased by or had its price renegotiated with the manufacturer. The state marks its official records or issues a title brand for lemon law vehicles. Laws vary by state as to the specific requirements for a “lemon”. Most manufacturers issue some buybacks that are not the result of Lemon Laws but rather a courtesy.
Lien —
A lien is a legal right to the vehicle by a third party to ensure the repayment of a debt or other financial obligation. This often occurs due to an auto loan. Other types of liens include mechanic’s liens and child support liens. If you are buying, check with the seller to make sure the lien has been resolved.
Loan —
A loan is when a person borrows money from a financial institution or other type of lender with an agreement to pay back the full amount plus interest over a period of time. Loans are usually guaranteed with assets like a vehicle or home. Until the loan is paid off, the lender will have a lien on these assets and has the right to repossess them if the terms of the loan are not met.
Major Parts Removed —
When a vehicle has three or more major parts removed by an automotive recycler.
Manufacturer Buyback or Lemon —
A DMV or a state agency marks an official document or issues a Manufacturer Buyback/Lemon title when a vehicle has been repurchased by the manufacturer. Not all states issue manufacturer buyback titles and the specific requirements for a lemon law vehicle vary by state.
Manufacturer Recall —
Automobile manufacturers issue recall notices to inform owners of car defects that have come to the manufacturer’s attention. Recalls also suggest improvements that can be made to improve the safety of a particular vehicle. Most manufacturer recalls can be repaired at no cost to you.
Manufacturer Vehicle —
Manufacturer vehicles are vehicles put up for sale by the manufacturer. These vehicles are typically only available to dealers at special auctions. These vehicles have generally been registered as lease or rental vehicles.
Manufacturer-Recommended Maintenance Schedules —
Automobile manufacturers provide recommended maintenance schedules for each of their models. These schedules inform owners of maintenance that should be performed on a vehicle at specific mileage milestones. These schedules are available in the owner’s manual or at Edmunds.com.
Mileage Inconsistency —
If a more recent odometer reading is less than an older reading but CARFAX is uncertain whether the discrepancy is a rollback or a clerical error, then CARFAX calls it a “Mileage Inconsistency”. In this case, you should verify the mileage with your dealer or a qualified mechanic.
Motor Vehicle Dept. —
Motor Vehicle Departments issue both titles and registrations to vehicle owners. Each title or registration record on a CARFAX report does not necessarily indicate a change in ownership. New titles and registrations can be created for name, address and lien holder changes; ownership changes; vehicle status changes; registration activity; title corrections; and lost titles.
NICB —
The National Insurance Crime Bureau is a not-for-profit organization whose mission is to combat insurance fraud and vehicle theft for the benefit of both insurance companies and the public.
New Owner Reported —
When a vehicle is sold to a new owner, the Title must be transferred to the new owner(s) at a Department of Motor Vehicles.
Non-Profit —
Vehicle was registered by a “not for profit” agency or business.
Not Actual Mileage Title —
When the seller certifies, under the Federal Odometer Act, that the odometer reading does not reflect the vehicle’s actual mileage. This may occur because the odometer was tampered with, broken, or replaced.
OCRA —
The Oficina Coordinadora De Riesgos Asegurados S.C. (OCRA) is a Mexican not-for-profit corporation organized to detect, investigate and deter vehicle theft and insurance fraud for the good of its members and the public. It manages and controls databases on stolen vehicles and exported vehicles for the benefit of the insurance industry, law enforcement agencies and the public. OCRA obtains vehicle information entirely from other sources and relies on those sources for the accuracy and reliability of this information. Therefore, OCRA accepts no responsibility or liability for any error or omission in this report. OCRA is proud to assist CARFAX customers in their efforts to better understand a vehicle’s history.
Odometer Rollback —
If a more recent odometer reading is less than an older reading, then the odometer may have been tampered with and “rolled back.” CARFAX analyzes the mileage history and the sources of this information to indicate a potential odometer rollback.
Odometer Rollover —
Older vehicles often have 5-digit odometers that roll over to zero when the mileage exceeds 99,999.
Ownership History —
CARFAX defines an owner as an individual or business that possesses and uses a vehicle. Not all title transactions represent changes in ownership. To provide estimated number of owners, CARFAX proprietary technology analyzes all the events in a vehicle history. Estimated ownership is available for vehicles manufactured after 1994 and titled solely in the US including Puerto Rico. Dealers sometimes opt to take ownership of a vehicle and are required to in the following states: Maine, Massachusetts, New Jersey, Ohio, Oklahoma, Pennsylvania and South Dakota. Please consider this as you review a vehicle’s estimated ownership history.
Personal Use —
Vehicle was registered by the owner for private or personal use.
Rebuilt/Reconstructed Title —
A Rebuilt/Reconstructed vehicle is a salvage vehicle that has been repaired and restored to operation. These vehicles are often severely damaged before they are rebuilt and refurbished parts are typically used during reconstruction. In most states, an inspection of the vehicle is required before the vehicle is allowed to return to the road.
Relocation —
When a vehicle is moved from one state to another with no change of ownership.
Rental —
Vehicle was registered by a rental agency.
Repossession —
When a repossession occurs a vehicle owner fails to make loan payments, and the financial institution holding the title takes possession of the vehicle.
Salvage Auction Record —
Most vehicles sold at Salvage auctions were declared totaled by insurance companies. Most of these vehicles have sustained significant damage but there are some exceptions. For instance, recovered stolen vehicles are often declared a total loss regardless of the actual damage. Rebuilders and Recyclers purchase these vehicles at auction with intentions to rebuild them or dismantle them for parts.
Salvage Title —
A Salvage Title is issued on a vehicle damaged to the extent that the cost of repairing the vehicle exceeds ~ 75% of its pre-damage value. This damage threshold may vary by state. Some states treat Junk titles the same as Salvage but the majority use this title to indicate that a vehicle is not road worthy and cannot be titled again in that state. The following eleven states also use Salvage titles to identify stolen vehicles – AZ, FL, GA, IL, MD, MN, NJ, NM, NY, OK and OR.
Scrapped —
Vehicles that have been dismantled and/or crushed and should not return to the road.
Service Plan Company —
Service Plan Companies market extended warranty plans to buyers of both new and used cars as mechanical breakdown insurance. Information is collected from service plan companies when they issue contracts and when they pay repair claims. Not all service plan companies report information to CARFAX.
Stolen Vehicle —
A vehicle is reported stolen when it is reported to a state DMV or an insurance company as missing. It is important to verify the status of a stolen vehicle with NICB before purchase to protect yourself. You could be charged with buying a stolen vehicle, especially if it appears that you may have had knowledge that the vehicle was stolen. You may also lose the vehicle without compensation for the purchase price. You can contact NICB to verify a vehicle’s stolen status by calling 800-447-6282 x 2 or by completing the NICB web form.
Structural / Frame Damage —
In most cases, a vehicle is inspected for structural or frame damage, depending on the body design, after an accident or other incident. All levels of accidents from minor to severe can cause structural / frame damage and in most cases it can be repaired. Having a structural inspection before purchase is recommended.
Taxi —
Vehicle was registered as a taxi or “for hire” vehicle.
Title Issued —
A state issues a title to provide a vehicle owner with proof of ownership. Each title has a unique number. Each title or registration record on a CARFAX report does not necessarily indicate a change in ownership. In Canada, a registration and bill of sale are used as proof of ownership.
Title Washing —
Title Washing is the process through which a vehicle’s title is altered to conceal information that would normally be included. This can be accomplished by either physically altering printed documents or reapplying for a title without disclosing its prior history. Since the CARFAX database retains information about branded titles from all 50 states and the Canadian provinces, the CARFAX Report may help uncover potential title washing.
Total Loss Vehicle —
An insurance or fleet company declares a vehicle a total loss when a claim exceeds ~ 75% of its pre-damage value or if the vehicle is stolen and not recovered. This damage threshold varies by company. These companies typically take possession and obtain the title. Not all total loss vehicles result in a DMV-reported branded title. This may occur when an insurance company’s definition of a total loss is different than the state DMV’s definition for a branded title or when the owner of the vehicle is a self-insured company, like a fleet or rental company.
U.S. Privacy Laws —
The U.S. Driver’s Privacy Protection Act (DPPA) of 1994, among other laws, restricts the use of personal information such as name and address, to specific purposes. It has therefore always been CARFAX’s policy to focus its reporting on vehicles, not people.
Vehicle ID No. (VIN) —
This 17 character number is unique to each vehicle. It identifies characteristics of the vehicle, including manufacturer, year, model, body, engine specifications, and serial number.
Vehicle Reacquired —
A vehicle that has been repurchased by the manufacturer. Manufacturers may choose to buy the vehicle back from a customer after repeated repair attempts or to promote customer satisfaction.
Vehicle Sold With Damage —
Several companies provide data to CARFAX about their fleets. To disclose the true condition of the vehicle, these companies occasionally sell vehicles from their fleets with damage rather than undertake the repairs themselves.
Verified Odometer Rollback —
When an odometer rollback is reported to and verified by a state or province law enforcement agency.
exotic car buyers: it is easier to hold a wholesale car dealer license than attempt a questionable sales tax scam no comments
- many offer legal ways to avoid sales tax
- the best method is to hold a wholesale car dealer license
- bar none…..gotplates.com
- How to Avoid Sales Tax—Legally
- Five states do not levy sales taxes—Alaska, Delaware, Montana, New Hampshire, and Oregon. Oregon is the winner here
- by John Draneas
-
Ever feel like you’re being taxed to death? Everyone feels that way on April 15, but another way to feel the pinch is to buy a collector car and stop by your local DMV to get it licensed.
Consider a hypothetical SCMer taxpayer. He finds the right Ferrari Daytona coupe owned by a motivated seller. After modest negotiations (and thorough pre-purchase inspections by Ferrari experts to confirm its authenticity, history, and mechanical, body, chassis and cosmetic condition), he writes a check for $250,000. A few days later, he drives the Daytona to his nearest DMV office, and collapses when he gets the registration bill.
If our taxpayer lives in San Francisco, he’s facing one of the highest sales taxes in the country. California’s base sales tax rate is 7.25%, but local governments and special districts are allowed to add to that. As a result of the add-ons, the sales tax rate in San Francisco is 8.5%, which adds $21,250 to the cost of the Daytona. Granted, this is a lot more than the typical state’s 6%, but it’s not even the highest sales tax rate in California. That honor goes to the city of Southgate, in Los Angeles County, which tops out at a whopping 9.25%.
And the expenses don’t stop there. California’s annual vehicle licensing fee is 0.65% of a car’s value, adding another $1,625 to the cost of our taxpayer’s Ferrari. But California is in a deep budget mess. At this writing, a news report claimed that a tentative budget deal would raise this fee to 2% of the car’s value. That would cost our taxpayer another $5,000 every year.
There are no limits to these taxes, and the same percentages apply to all collector cars, and they mount up as the value of the car goes up. As you would expect, our taxpayer would love to know how to avoid some or all of these additional taxes.
Use tax backs up sales tax
Sales taxes are levied only in retail transactions. The seller collects the sales tax from the buyer and sends it to the state. But it’s too burdensome to require private sellers to do that. So every state that imposes a sales tax backs it up with a use tax.
In private transactions, the purchaser is legally required to report the purchase and pay a use tax, which is levied at the same rate as the sales tax. Obviously, very few purchasers bother to do that, and use tax revenue is dramatically limited. But use tax is very easily collected when licensing the vehicle.
Dealers have their own snags
Sales and use taxes are not imposed on wholesale transactions. Car dealer purchases are exempt, as they will collect a sales tax from the retail purchaser of the car. Some car collectors have discovered they can get licensed as a car dealer rather inexpensively. Dealer status allows them to exempt their purchases from sales and use tax, but it has its shortcomings.
First off, dealer status makes your car insurance more difficult. Your “inventory” can’t be properly insured under a consumer policy, and sneaking it may allow the insurance company to deny your claim on the basis of fraud, just when you need the coverage most. As a dealer, you have to collect sales tax and file reports with the state when you sell a car, creating an administrative burden and accounting expense.
But the greatest financial concern is that dealer status can make you lose out on capital gains taxation when you sell the car. Sales from a dealer’s inventory are taxed as ordinary income, currently a 35% maximum tax rate. That is a lot more than the bargain basement 15% federal capital gains rate, previously reported by “Legal Files.”
It’s a pretty easy audit issue for the IRS. “Mr. Taxpayer, we know you wouldn’t lie to your state government about your sales and use tax status—that would be a crime. If you had purchased this vehicle for investment purposes, you would have paid sales or use tax. You didn’t do that, so it must be inventory, right?”
And try getting the auditor to believe that you bought the Daytona as inventory, but later decided to keep it as an investment, and didn’t realize that doing so meant you had to pay use tax to your state.
Find a tax shelter state
If our taxpayer is willing to do it, he can avoid the sales and use tax by parking his Daytona in another state, at least for a while. California law, which is probably typical, imposes a sales or use tax only on cars purchased for use within the state. That is, California can’t tax the Daytona until it comes into California. Think of it this way. If you owned a vacation home in another state and bought a car to leave there for use when you stayed at your vacation home, no one would expect California to levy a tax on a car registered in the other state.
Yacht owners have been doing this for years. It is fairly common practice for California yacht owners to take delivery of their yachts at the Ensenada, Mexico, yacht harbor and leave them there long enough to escape California sales tax. But leaving the Daytona in Mexico isn’t very appealing for many reasons, and our taxpayer would prefer to keep it in the United States. But just placing it in another state will expose it to sales or use tax in that state. There may be some savings because California has a very high sales tax rate, but it isn’t a complete victory. What our taxpayer needs is a tax haven state for his Daytona.
There are five states that do not levy sales taxes—Alaska, Delaware, Montana, New Hampshire, and Oregon. Oregon is the winner here because it has very appealing vehicle registration laws. Under Oregon law, you can register your Daytona in Oregon if you are a resident of Oregon, or if the Daytona is garaged in and used in Oregon. In other words, the Daytona can be registered in Oregon if it is an Oregon resident, no matter where you live. And, to make it even more alluring, your initial Oregon title and licensing fees, regardless of value, come out to about $120, and that licenses the car for two years.
You can go home again
This may seem rather far-fetched, but it’s really quite doable. All our taxpayer needs to do is find a place to store the Daytona in Oregon, and a local contact, and he can avoid the California taxes and license fees altogether. And having a car to drive in Oregon enables him to enjoy great roads and scenery—and the tax savings can pay for plane trips back and forth.
But at some point, our taxpayer is going to want to bring the Ferrari home to California. Can he ever afford to do so?
California law is quite helpful in this regard. No sales or use tax is imposed when a California resident imports a car that he owned, licensed, and used in another state. To prevent subterfuges, two requirements are imposed: (1) the car must have been registered in the other state for at least 90 days (until recently, the requirement was one year); and (2) the owner must have actually used the car in the other state throughout its stay. Just parking it there for a few days won’t be enough. Our taxpayer will need gas receipts, airfare and lodging expense receipts, etc., to establish that he actually used the Daytona in Oregon throughout the 90-day period.
Out-of-the-box thinking
This may seem like a complicated solution, but “Legal Files” has assisted several collectors in legitimately avoiding sales and use taxes in this manner, the more notable ones involving a Porsche Carrera GT and a McLaren F1. At those levels, the savings can run into six figures.
The Pacific Northwest is a great place to visit, and the roads and scenery are fantastic. You can take advantage of upcoming car club events to plan your local usage. Then, after your Oregon-resident collector car has been properly “seasoned,” you can work on getting it into your home state in a nontaxable manner.
car dealers: it is a really big red flag if your customer is on this most wanted fugitive list no comments
http://www.ancestorhunt.com/california-most-wanted.htm
We invite you to visit this site periodically and review the state’s Most Wanted Fugitives bulletins to help law enforcement apprehend dangerous fugitives by alerting law enforcement when you think you may have seen one of the fugitives on the Most Wanted list. If you have any information on a featured fugitive or other fugitives, we urge you to contact the Bureau of Investigation and Intelligence, Intelligence Operations Center (IOC) immediately.
The Wanted Persons System (WPS) was established in 1971 as the first online system for the California Department of Justice (DOJ). The WPS system provides information on arrest warrants and is used to alert law enforcement agencies of the possibility that a suspect may be a fugitive. This information may help to ensure the safety of officers who are attempting to apprehend fugitives.
In 1996, the Legislature authorized the California Department of Justice to maintain a publicly accessible Internet directory of wanted fugitives. This is not a comprehensive directory of all persons wanted for crimes in California.
Subscribe
You can now subscribe to the California Department of Justice – Office of the Attorney General’s Most Wanted Fugitives email list. Visit our subscription site for this and other informative email notifications from the Office of the Attorney General.
identity theft survival kit from invisus no comments
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Are You a Victim of Identity Theft?
Information and resources.
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car dealers: are you trying to locate someone ??? no comments
SEARCHING FOR SOMEONE ?
http://www.amfor.net/Search.html
A public service sponsored by Americans For Open Records (AmFOR) in behalf of adoptees, parents and all who search for missing family members… AmFOR supports INTERNATIONAL SOUNDEX REUNION REGISTRY (ISRR), the world’s largest reunion registry for searching family members (adopted or not); Click on ISRR Link for mail-in registry form (a totally FREE service; donation to ISRR suggested). More FREE/self-help Links, below:
INSTANT GRATIFICATION
To quickly locate anyone FREE or inexpensively–in 50 states and 200 countries–especially adoptees or parents whose names are unknown– Browse or download (FREE): THE ULTIMATE SEARCH BOOK-2005 .
The best CALIFORNIA “NO FIND/NO PAY” search sites are AdoptionSearchCalifornia.com and TheRightToKnow.info
SEARCH LINKS -
* Adoption databases – http://www.skylace.net/adoption/
* Adoption Disclosure Laws, by State – (Quick Reference) http://www.bastards.org/activism/access.htm
For state-specific codes,search resources and more, browse or download The Ultimate Search Book
* Adoption Laws, Canada – http://nebula.on.ca/canadopt/
* Adoptees’ War Memorial: Adoptees, Parents Who Have Died in War, & Adoptees & Orphans created by War – http://amfor.net/war.html
* African Diasporic Adoption (Adopted and Fostered Adults of the African Diaspora – AFAAD) – http://afaad.wordpress.com
* Age/Name Database- Search by First/Last Name/Age (free) – http://www.birthdatabase.com
* Australia Adoption Jigsaw – http://www.bensoc.asn.au/parc/
* Baby Broker Directory (by state)- helps searching Black Market Adoptees – http://AmFOR.net/BabyBrokers
* Black Market Adoptees – Helpful Links: Surrogacy Agency Directory, Egg Donation Service Directory, Attorney Directory, and IVF Directory are all at “Everything Surrogacy” – http://everythingsurrogacy.com
* Black Market Adoptee’s Registry (Free) – http://www.geocities.com/Heartland/Garden/2313/
* Black Market Adoption Links – (See “Registry, Black Market Adoptees” and “Registry, Black Market Babies and Baby Broker Directory; and Black Market Adoption Web Ring)
* Black Market Adoption Web Ring – Personal web pages and registries – http://q.webring.com/hub?ring=bmaring
* Classmates Search – http://Classmates.com & http://Reunion.com/
* Concerned United Birthparents (CUB) – http://www.cubirthparents.org/
* Credit Reports – Get all 3 Free Annual Equifax/Experian and Trans Union Credit Reports (under FactAct) from one online form – (no credit card needed) – http://annualcreditreport.com
* Credit Reports (fee) – http://www.ameri.com/121.htm
* DMV Searches (fee; first check to see if you can order direct from state’s DMV
available for fee – CO, FL, GA, IL, ME, MN, MT, NH, NM, NY, OH, OK, UT, WA, WI, WY) http://www.docusearch.com/dmvf.html
* DMV ID Card Search (for non-drivers; free) – http://searchsystems.net/
* DMV-Messaging (CA fee is about $5) – Contact any branch of CA DMV for form
* Donor-Link Registry (United Kingdom) – http://www.ukdonorlink.org.uk/default.asp
* East Indian Adoptees- Connected Indian Roots website: http://people.freenet.de/connectedindianroots/
* “Everything Surrogacy” – directories, all on one website – Surrogacy Agency Directory, Egg Donation Service Directory, Attorney Directory, IVF Directory – at “Everything Surrogacy” – http://everythingsurrogacy.com
* German adoptee/parent search – Leonie Boehmer – email: Boehmer@aol.com
* German-born Adoptees “Geborenor Deutscher” Newsletter – http://hometown.aol.com/wmlgage/gd/gd.htm
* Holocaust-Shoah Victims – http://www.yadvashem.org/wps/portal/!ut/p/_s.7_0_9m
* How To Search – http://UltimateSearchBook.com
* Hurricane Katrina – Free Resources to Find the Missing in Alabama, Florida, Louisiana, Mississippi: http://www.firstgov.gov/Citizen/Topics/PublicSafety/Hurricane_Katrina_Recovery.shtml
* Italian Adoptees – http://groups.yahoo.com/group/ITALIADOPTION/
* Korean Adoptees – GOAL (advertises search in Korea newspaper) – http://www.goal.or.kr/
o (San Francisco): http://www.geocities.com/Tokyo/Garden/3947/
o (New York): http://www.akaworld.org/
o http://www.findparent.or.kr/index_e.htm
o http://www.geocities.com/Tokyo/Shrine/8654/search.html
* Military Fathers (Past Wars)
o WAR BABES: Founded by Shirley McGlade, 15 Plough Avenue, South Woodgate, Birmingham B32 3TQ She is the daughter of a World War II GI, that she traced in 1986.
o THE ASSOCIATION OF LIBERATION CHILDREN, founded in 1984, renders assistance to the Dutch descendants of soldiers from the Second World War in the search for their biological father and/or relatives. It also has links with Canada. http://www.liberationchildren.org
o PROJECT ROOTS is an organization set up in 1980 to help find the Canadian fathers of British and European War Children – http://www.project-roots.com/
o REGISTRY OF JEWISH HOLOCAUST SURVIVORS – http://www.ushmm.org/remembrance/registry/intro
o RESOURCES FOR CHILDREN OF HOLOCAUST SURVIVORS: Tracing Ancestors – http://www.judymeschel.com/coshtrace.htm
* Prisoner Locator (US) – http://www.ancestorhunt.com/prison_search.htm
* See also Adopted Prisoner Penpals – http://amfor.net/AdoptedPrisoners.html
* Public Records, Nationwide – 34,000 Free Databases – http://www.searchsystems.net/index.php
* Registry, Bi-Racial/African-American – http://lilbastard.faithweb.com/biafreg.html
* Registry, Birth Quest (second largest) – http://ReunionRegistry.com/
* Registry, Black Market “Babies” – (a CENTRAL REGISTRY for ALL Black Market babies delivered by Bessie Bernard, Katherine Cole, Crittenton Homes, Easter House, Hicks Clinic, Ideal, Gladney Homes, Seymour Kurtz,Tennessee Home Society, The Veil, etc.) -
http://www.geocities.com/Heartland/Garden/2313/Links.htm
* Registry, Butterbox Babies Survivors (Nova Scotia) – http://www3.us.sympatico.ca/bhartlan/PAGE1.htm
* Registry, Canada – http://ourworld.compuserve.com/homepages/adoptionregistry.html
* Registry, D’s Search Posts (huge, archived) – http://www.birthfamily.com/bmom2amy/coverpage.html
or http://www.birthfamily.com/bmom2amy/SearchPosts.html
* Registry, Donor Offspring/Parent – http://amfor.net/DonorOffspring/
* Registry, Date of Birth – http://adoptionregistry.com
* Registry, First Names (unique names) – http://www.genealogytoday.com/names/first/unique.html
* Registry, First Name & Birth Date – http://www.skylace.net/adoption/g-firstnames.php3
* Registry, International Soundex Reunion (oldest/largest) – http://www.isrr.org/
* Registry, National Next of Kin – http://www.nokr.org/nok/restricted/home.htm
* Registry, Orphan Trains – http://www.adoptiontriad.org/library/weekly/aa030398.htm
* Registry, Twins Reunion, National – http://home.www.geocities.com/Heartland/Acres/9942/twinregform.com/
* (see also Twin Adoption Web Ring of individual websites)
* Search Angels – (by state; free/expenses only; careful–some fee-based searcher ads too) – http://www.the-seeker.com/angels.htm
* Scotland Adoptees – email: think@charity.vfree.com/
* Social Security Locator Services (Free Messaging) – Write to:
Social Security Administration Location Services,
6401 Security Boulevard
Baltimore, MD 21235
* State-Specific Search Help – http://members.aol.com/deitrahs/
* Terminal Illness Emergency Search (TIES) – if available; check search engine for any new volunteers’ listings- http://www.ties-search.org/
* ULTIMATE SEARCH BOOK – http://UltimateSearchBook.com/
* Unlisted Phone Search (fee) – http://www.phonesearches.com/
* Unlisted Phone Search (US & Canada; fee) – http://www.infoplaza.com/
* Vietnam Reunion Planning (Holt Agency; fees) – email: reunion@holtintl.org
* Vital Statistics Online (Links for state-held public records) – http://vitalrec.com/
* Volunteer Search Network – http://www.vsn.org/
* Voter Registration online – (check search engines by State)
* Who Me? – http://who-me.com/
* Worldwide Phone Directories – http://www.contractjobs.com/tel/
* Yearbook Attic; Yearbook Lady – http://www.geocities.com/Heartland/2236/attic2.html
BIRTH INDEXES
(including those searchable by birth date & either birth or adoptive names, cross-referenced)
* Family Birth Records Search (by State) – http://www.familybirthrecords.com
* CA – Colleen Buckner (fee) – therighttoknow@hotmail.com
AdoptionSearchCalifornia.com and TheRightToKnow.info
* CA – 1905-1995 – http://searches.rootsweb.com &
http://www.vitalsearch-ca.com/gen/ca/_vitals/cabirthm.htm
* CA – Adoptee Amended Names 1904 thru 1991 – Paul Winston Services,
827 Pacific Ave., #178,
San Francisco, CA 94133;
(415) 956-9817
* CA – Pat Bowers – patkb@ix.net/
* CT – Lucille Shea (fee only if found) – LucilleShea@prodigy.net/
* FL – http://www.geocities.com/preston081/publicrecords.html
* IN – Birth Indexes available from LDS Family History Library
* KY – (also some CA & OH; fee) – Caroline Prowser – HUMNGBRD@aol.com
* MO – State Dept of Health sells “all born in state” for about $30 per date searched
* NY – 5 boroughs (Brooklyn, Bronx, Queens, Manhattan, Staten Island) indexes available to public; for legwork contact Joe Soll cera@idt.net
* NY – rest of state – contact Joe Soll/Adoption Crossroads – cera@idt.net
* SD – Pre-1900 (need year & name) – http://searches.rootsweb.com/
* TX – http://ABORN.org – if not online at http://www.tdh.texas.gov/bvs/registra/birthdx/birthdx.htm
* TX – 1926-1949 & 1950-1995 (need name & year) – http://searches.rootsweb.com/
DEATH INDEXES
* http://www.ancestry.com/search/
* Death Index, Supplemental – Ameridex database for Deaths not on Social Security Death Index; small fee – http://kadima.com/prices.html
* Find A Grave (International – by state, province, country) – http://www.findagrave.com/tocs/geographic.html
* Ranch Hands Index – http://searches.rootsweb.com/
* http://ssdi.rootsweb.com
RESEARCH LINKS -
alphabetical adoption reference resources, for:
o activists,
o litigants
o writers,
o chat
* A-Team (Father’s Rights, legal referral) – http://www.a-team.org/
* Abolish Adoption, A Petition – http://amfor.net/
* ABOLISH ADOPTION-CANADA – http://abolishadoptioncanada.com
* Addiction & Adoptees – http://www.amfor.net/chosenchildren.html
* Adopt-A-Quote – http://www.amfor.net/adoptaquote.html
* Adoptees & Birthparents for Open Records Now/ABORN- http://ABORN.org/
* Adopting Back Our Children – http://www.geocities.com/families_healed/index.html
* Adoption Connection – http://www.geocities.com/geoadopt/
* Adoption Deaths/Jean Paton – http://www.geocities.com/orphanvoyage1953/jean.html
* Adoption Forums – http://forums.about.com/ab-adoption
* Adoption Horror Clips and Adoption Newswire- http://www.geocities.com/Heartland/Prairie/6743/oct2.html
* ADOPTION (Horror) NEWS, by Country – http://adoptionnews.org/news.asp
* Adoption and Disclosure Laws by State – http://laws.adoption.com/statutes/state-adoption-laws.html
* Adoption: Legalized Lies (ALL) – http://www.geocities.com/antiadoption/
* Adoption Medical Victims – http://members.aol.com/deitrahs/
* Adoption Newsletters Directory – http://www.familyhelper.net/ad/adnlu.html
* ADOPTION NEWSWIRE – http://www.geocities.com/Heartland/Prairie/6743/oct.html
* Adoption Research and Stats – http://adoption.about.com/cs/researchreports
* Adoption Scams – http://www.a-team.org/f_custody_b.html
* Adoption System (expose) – http://www.amfor.net/chosenchildren.html
* American Civil Liberties Union (ACLU) – http://www.aclu.org/
* AMERICAN FAMILY RIGHTS ASSN. (AFRA) – http://www.familyrightsassociation.com/members/membership.html http://familyrightsassociation.com/horror_stories/index.html http://parentnews.net/~parent_stories/
* Anti-Adoption: What Does it Mean? http://members.tripod.com/reuniting/anti_adoption.html
* Australia’s Origins Inc – http://www.angelfire.com/or/originsnsw/
* Baby Theft (Joanne Swanson) – http://www.babytheft.org/index.htm
* Bastard Nation (adoptee activists) – http://www.bastards.org
* Biblical View (Open Adoption) – http://www.pactadopt.org/press/articles/biblical.html
* Birthmothers for Open Records Now/BORN – http://born123.homestead.com/
* Blue Ribbon Online Free Speech – http://www.eff.org/blueribbon.html
* Child Custody Law Firms Search site – http://ChildCustodyLawFirms.com
* Child Guardianship Law – http://consumer.findlaw.com/topics/child/nolo/nature.html
* CPS Watch (Child Protection Services abuses) – http://www.cpswatch.com/
* Concerned United “Birth”parents (CUB) – http://www.cubirthparents.org/
* Directory of Pro Bono Attorneys, by State http://www.abanet.org/legalservices/probono/directory.html
* FindLaw: http://www.findlaw.com/
* German Adoptees Newsletter – http://hometown.aol.com/wmlgage/gd/gd.htm
* Ghost Dancer – http://www.geocities.com/Wellesley/9950/
* Global Internet Liberty Campaign – http://www.gilc.org/
* Green Ribbon Cam/Open Records- http://www.50megs.com/levgen/grcampaign.html
* Incarcerated Adoptees – http://www.amfor.net/chosenchildren.html
* Libraries on the Web – http://sunsite.berkeley.edu/Libweb
* Mothers Exploited By Adoption – http://www.firstmoms.org
* Mothers In Exile – http://www.exiledmothers.com
* Mouvement Retrouvailles (French/Eng) – http://www.mouvement-retrouvailles.qc.ca/
* Musser, Sandy – http://www.angelfire.com/fl2/musser/
* Natl. Adoption Information Clearinghouse (NAIC) – http://www.childwelfare.gov/
* Natural Families – (support for staying together!) – http://www.naturalfamilies.org
* Newspaper Archives (all states) – http://www.newslibrary.com/
* Non-Attorney Representation – http://www.amfor.net/nonattorney.html
* Origins USA-(Legislative Inquiry) – http://originsusa.org
* Orphan Voyage Memorials – http://www.geocities.com/orphanvoyage1953/jean.html
* Pro Se Legal Help – http://www.legalfreedom.com/prc/
* Statistics of Adoption – http://www.amfor.net/statistics.html
* Sunflower “Birth”moms (700+ members) – http://www.bmom.net/ (Click subscribe)
* Support for Pregnant Women & Exiled Mothers – http://www.keepyourbaby.com
* Ultimate Search Book- http://www.amfor.net/ultimatesearch.html
* U.S. National Archives – http//www.nara.gov/
* Voices of Adoption Chat – http://www.ibar.com/chat-o-rama/
car dealer fraud can affect hundreds of customer and cost millions of dollars no comments
Fraud
car dealer indicted for scheme involving millions of dollars
By Craig Davison
1-866-362-2167 Ext. 13865
cdavison@heraldargus.com
LA PORTE — A local used car dealer was indicted in U.S. District Court in Ohio for his alleged role in a wire fraud scheme that involved almost 700 cars and millions of dollars.
James L. Howard, of Howard Autos, Inc. in La Porte, and Thomas C. Wilson face 10 counts for a scam to defraud the car dealership Wilson worked for in Paulding, Ohio.
Wilson sold used cars owned by his employer, Stykemain Chevrolet, to Howard, and took some or all of the money, according to the indictment.
The document said Wilson would direct Howard to pay for the vehicles, but to make the checks payable to the dealership or to Wilson. It said Howard knew Wilson would “keep all or a portion of the proceeds, all of which should have gone to Stykemain Chevrolet.”
Wilson caused the delivery and transfer of about 680 vehicles owned by Stykemain, with a value of approximately $8.6 million, to Howard Autos, Inc.
The indictment said that Howard wrote checks of about $5 million to Stykemain Chevrolet and about $1.8 million to Wilson.
It alleges Howard deposited more than $1 million in checks payable to Wilson into Wilson’s personal bank account. Wilson then would keep all or a portion of the funds for himself.
The pair communicated over interstate phone wires to arrange the fraudulent sales, leading to the wire fraud charges. The indictment lists 10 dates between 2005 and 2007 where the wire communications occurred for each count.
Paulding is located in northwestern Ohio and has a population of about 3,500, according to the last census. It is located about 30 miles east of Fort Wayne.
NADA supports a national salvage vehicle database for 2010 no comments
Vehicle Total-Loss Disclosure Legislation
PROBLEM: Each year, millions of vehicles are totaled and thousands of wrecked, flooded, or stolen vehicles are sold without proper disclosure of their history or true condition. The current system for tracking totaled vehicles is outdated and full of loopholes, and a national database is years away from completion. While insurance companies collect data on severely damaged vehicles for their shared databases, they are not required to electronically disclose the VINs of all totaled vehicles, to “red flag” these vehicles for the public. SOLUTION: NADA-TV REPORT:
Many totaled vehicles are resold at salvage auctions, rebuilt, and reenter the market with a clean vehicle title. Consumers may suffer because the state DMV system of paper titles does not provide a timely or complete vehicle history.
State vehicle salvage disclosure laws are inconsistent and incomplete. While NADA supports the National Motor Vehicle Title Information System (NMVTIS) — a national DMV database established by a 1992 Act — the database is still far from complete. The most effective and simple approach to combat title fraud is to give the public more timely and complete access to insurance data on totaled vehicles. Legislation (S. 202/H.R. 1257) would require insurance companies to disclose the VINs of totaled cars to vehicle history providers, such as CarFax and AutoCheck, before the vehicle is put back into the marketplace. (See graphic below: “Tracking Totaled Vehicles for Consumers). KEY POINTS:
STATUS: A National Motor Vehicle Title Information System (NMVTIS) rulemaking that partially addresses insurance company disclosure of salvaged vehicles is complete. However, total-loss disclosure legislation is still needed to provide more timely and complete information on totaled vehicles. GET INVOLVED: NADA urges all Members of Congress to cosponsor S. 202 and H.R. 1257 to take an active role in promoting legislation to keep unsafe cars off the road. • Send a letter urging Senators to support S. 202. (Click here to find your Senators) • Send a letter urging Representatives to support H.R. 1257. (Click here to find your Representatives)
For additional information, contact NADA Legislative Affairs office at (800) 563-1556 or email: legislative@nada.org. |
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car buyers beware…fake car dealer websites in michigan advertising repossession sales no comments
Secretary Land: Beware online auto deal scams
Contact: (Media Contact) Kelly Chesney 517-373-2520
Agency: Secretary of State
DECEMBER 21, 2009
Online thieves setting up Web sites in name of legitimate dealers
Secretary of State Terri Lynn Land today warned consumers about a new online scam in which thieves create a Web site in the name of an unsuspecting legitimate auto dealer to trick people into thinking they’re buying a repossessed vehicle.
In at least two cases, scammers have created sites made to seem like they offer vehicles from licensed Michigan auto dealerships. The sites offer deals at far below normal market price, such as a 2009 Ford Mustang with less than 2,000 miles that costs $7,196. They claim the vehicles were repossessed, and the new owners, such as banks, want to sell the vehicles as fast as possible to recoup whatever money they can.
Victims wire money to the operators of the sites believing the vehicles will be delivered within a week, although they never are.
“A good rule to have is that if a deal seems too good to be true, it probably is,” Land said. “Shopping online can be a convenient way to find good deals, but make sure you know who you’re doing business with, especially with big-ticket items like autos. If you are unfamiliar with a Web site or online company, do some extra research to find out if the business is legitimate.”
Land warned people not to buy vehicles from the Web sites www.star7auto.com and www.summit-autosales.com, or Web sites that operate in a similar way. The two sites are not affiliated with either of the Michigan dealerships with those names. Similar scams already have been detected in other states.
The cases that have been investigated by Secretary of State staff are being referred to the Attorney General’s Office for possible prosecution.
If people believe they have been the victim of consumer fraud, they can file a complaint by contacting the Attorney General’s Consumer Protection Division at (877) 765-8388 or www.Michigan.gov/ag.
For problems related to auto dealers, repair facilities and mechanics, visit the Secretary of State’s Office at www.Michigan.gov/sos or by calling (888) SOS-MICH (767-6424).
http://www.michigan.gov/minewswire/0,1607,7-136-3452-228392–,00.html
common sense and good training are the benchmarks of good red flag car dealer school education no comments
The most important thing to understand about implementation of the Red Flag Rules is that it is a common sense exercise. However, a dealer cannot pretend that it will be easy.
The Red Flag Rules are different from the Information Safeguards Rule. The Information Safeguards Rule is a “Thou Shalt Not” obligation: “thou shalt not leave deal folders lying around”, or ” thou shalt not leave file drawers unlocked.”
In contrast, the Red Flag Rules require dealership employees to affirmatively exercise judgment and discretion to know the customer in every transaction.
In fact, falling victim to an identity thief is not a violation of the red flag rules. The rules envision the fact that there will always be cunning thieves who will find their way through any red flag program.
The rules account for that by imposing an update requirement so that the dealership’s program can be changed in the event it learns of a new way to defeat its red flag rules effort.
The compliance obligation of a dealer is to follow the Rules issued by the FTC. Failure to implement and maintain a program according to the FTC Rules is the violation, not an instance of identity theft.
Compliance with the Rules is important to the dealership’s customers and to the protection of the dealership and its employees.
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car dealers: Identity Theft: Is Your Lender Complying With the New Red Flag Rules? no comments
What your bank or other
credit organizations should
be doing to implement
tough new measures –
known as “red flag rules” –
against identity theft
Today we cover a topic most people have probably never heard of that is important for protecting your identity: the “red flag rules.”
Red flag rules are a set of regulations that firms who handle your money were originally supposed to have in place by November 1, 2008, as part of a crackdown on identity theft.
But many didn’t make the deadline, and the recent banking crisis has overshadowed the struggle to get these vital new measures in place.
The Federal Trade Commission (FTC) decided to suspend enforcement of the new “Red Flag Rules” until November 1, 2009, to give creditors and financial institutions additional time to develop and implement written identity theft prevention programs.
In this article, we explain how the red flag rules work and what your bank or other lender should be doing to protect you.
Identity Theft:
Is Your Lender
Complying With the New
Red Flag Rules?
While they’ve been dealing with all the woes of the current financial crisis, America’s banks and other institutions that provide credit have been grappling with another tough but lesser-known issue that affects us all — the “red flag rules.”
Never heard of them? Nor, it seems, have some of the organizations that are supposed to put them in place.
The red flag rules are a set of regulations that were originally set to come into force at the beginning of November as part of a bold, new crusade against the nation’s biggest fraud — identity theft.
And while its effects may not quite be on the scale of the banking disaster that has sent the economy into a tailspin, 9 million of us do fall victim to ID theft every year — and that number is growing.
Five years ago, the Federal Government introduced the Fair and Accurate Credit Transactions (FACT) Act. As part of that, the red flag rules became law at the beginning of 2008, with a requirement that all “creditors” — banks and other companies that give credit — implement them by November 1.
At the beginning of November, the FTC decided to suspend enforcement of the new “Red Flag Rules” until November 1, 2009, but we thought it’s important you should know what’s coming.
So why is this important to you?
Because you should make it part of your own personal security to check if your bank or other credit-giver is complying. If they are, maybe you can feel just that little bit safer from the clutches of ID thieves. If they don’t, you should want to know why.
Basically, the red flag rules say these creditors must have the following:
- A written program of safeguards and checks they will use to flag up potential identity thefts.
- Written procedures for how they will do these checks and deal with instances of the crime.
- Support and approval of the program at the highest level — the board of directors.
- A system in place for continuously monitoring the development of the crime and updating their programs for dealing with it.
- Appropriate training for all staff who may be in a position to spot the crime and deal with it.
Now, you may think that many institutions already have measures in place to cut the risk of ID theft but that’s not enough. The red flag rules demand the measures are actually written down — and followed.
They not only define and formalize the way lenders must behave but the rules also extend to other organizations besides banks.
For example, utility companies, health care providers and even car dealerships are all involved with providing services or products that are effectively on credit — in that we may pay for them in installments.
Every single one of them — and there may be as many as two million affected organizations — must comply with the regulations.
The Federal Trade Commission (FTC), which is responsible for overseeing implementation provides 26 examples of red flags — situations that should trigger an alert and prompt the vetting measures in the written programs.
Some of them are rather obvious, but these are the events that are supposed to put lenders on guard:
- A fraud alert is included with a consumer report they’ve requested on an individual.
- Notice of a credit freeze is received in response to a request for a consumer report.
- A consumer reporting agency indicates an address discrepancy.
- Unusual credit activity, such as an increased number of accounts, is noticed.
- Documents provided for identification appear altered or forged.
- Photograph on an ID is inconsistent with the appearance of the customer.
- Information on an ID is inconsistent with information provided by a person opening an account.
- Information on ID, such as signature, is inconsistent with information on file at the financial institution.
- The application appears forged, altered, or destroyed and reassembled.
- Information on an ID does not match any address in the consumer report, Social Security number has not been issued or appears on the Social Security Administration’s Death Master File, a file of information associated with Social Security numbers of those who are deceased.
- There’s a lack of correlation between the individual’s Social Security number range and their date of birth.
- Personal identifying information is associated with known fraud activity.
- Suspicious addresses are supplied, such as a mail drop or prison, or phone numbers associated with pagers or an answering service.
- The Social Security number that was provided matches that submitted by another person opening an account or other customers.
- An address or phone number matches that supplied by a large number of applicants.
- The person opening the account is unable to supply identifying information in response to notification that the application is incomplete.
- Personal information is inconsistent with information already on file at financial institution or creditor.
- A person opening an account or a customer is unable to correctly answer challenge questions.
- Shortly after a change of address, the creditor receives a request for additional users of an account.
- Most of available credit is used for cash advances, jewelry or electronics, plus the customer fails to make the first payment.
- A drastic change in payment patterns, use of available credit or spending patterns occur.
- An account that has been inactive for a lengthy time suddenly exhibits unusual activity.
- Mail sent to a customer is repeatedly returned as undeliverable, despite ongoing transactions on an active account.
- The financial institution or creditor is notified that the customer is not receiving paper account statements.
- The financial institution or creditor is notified of unauthorized charges or transactions on a customer’s account.
- The financial institution or creditor is notified that it has opened a fraudulent account for a person engaged in identity theft.
But, says the FTC, “these red flags are not a checklist, but rather, are examples that financial institutions and creditors may want to use as a starting point.” Creditors must define their own red flags, and the appropriate responses, in their written program.
It was estimated that somewhere between a quarter and a third of organizations did not have their red flag rules in place by the original November 1 compliance deadline, and the FTC decided to give more time — until November 1, 2009.
Unfortunately, many institutions and organizations don’t even know they’re supposed to comply or they think that having an ID theft policy already in place is enough.
Though they’re unlikely to jump on any non-compliant organization straightaway, the FTC does have power to levy huge fines against creditors who don’t get their act together.
How will they find out? Well the FTC could, and probably will, do spot checks.
But after the laws go into effect, you can also ask your creditors if they’re compliant. If they’re not, or if the person you ask doesn’t know, that’s a serious cause for concern because they’re handling your money and your account.
After all, if you discover your financial institution isn’t complying, so might the scammers, making your creditor a favored target for ID theft. And you don’t want that. It’s your money.
And your identity. So if they’re not ready, that’s your own personal red flag. And, we recommend you stay up-to-date on this to make sure your lenders and financial institutions comply with the red flag rules as the deadline approaches.
That’s all for today — we’ll see you next week.
Vehicle Theft Investigation Is about—Looking beyond the Traffic Stop no comments
By Paul D. McClellan, Colonel and Superintendent, Ohio State Highway Patrol, Columbus, Ohio, and Chair, IACP Vehicle Theft Committee
 |
 |
ehicle theft in the United States is a serious problem. According to the latest national auto theft data compiled by the Federal Bureau of Investigation in 2003:
- One vehicle is stolen every 25 seconds in the United States.
- The average value of a stolen vehicle was approximately $6,797 at time of theft.
- Thieves chose certain vehicles because of the huge profit potential when the cars are stripped down to their components, a practice that supplies a vast black market for stolen parts.
- The recent popularity of minivans, pickups, trucks, and sport utility vehicles is making them an increasingly attractive target for thieves.
- Nearly 40 percent of all vehicle thefts occur in or near ports or border communities.
It is important to note that vehicle theft is the second most profitable crime in the United States, surpassed only by trafficking in illegal narcotics. Vehicle theft is also the costliest property crime in the United States, costing consumers more than $8.6 billion annually, according to National Insurance Crime Bureau statistics.
Law enforcement agencies are up against the following:
- Organized criminal groups that steal and strip vehicles for resale.
- Criminals who are high-tech, innovative, and using online auctions to part out stolen vehicles. Today, police departments are assigning investigators to monitor online auction sites to detect fraud in the area of stolen vehicle parts.
- Terrorists who want to use stolen vehicles to commit acts of terror.
Chop Shops
Experienced car thieves can enter and steal a vehicle in less than a minute; the less experienced simply smash the driver’s window to gain entry. Many take the vehicles to shops to be stripped of the component parts that can then be sold for more than the complete car. Some estimates place the parts value at two or three times the value of the vehicle. Stripping a vehicle can take as little as 30 minutes.
Xenon headlights, air bags, and global positioning systems are especially desirable components to take off a vehicle. But all parts are taken, and they enter the retail market through scrap and auto-body shops.
Officer Training Is Critical
Major cities in Ohio, as in other large cities in the United States, are reporting increased auto theft activities; on the other hand, some cities that at one time had consistent problems with auto thefts are reporting lower totals of vehicle thefts. A major part in this reduction in these cities is increasing awareness of the problem as well as the in-depth training and education of street officers who are detecting stolen vehicles in their areas.
In order to reduce auto theft, law enforcement managers must commit more resources to training patrol officers in detecting and recovering stolen vehicles and apprehending suspects connected with those crimes.
As chair of the IACP Vehicle Theft Committee, I urge each police manager to look for ways to increase each officer’s awareness and understanding of what “looking beyond the traffic stop” really means. This is a critical area, particularly for new officers, because when officers look beyond the traffic stop, they can discover other criminal activity and can contribute to auto theft recovery, drug interdiction, felony apprehensions, and the interruption of terrorist activities.
Hot Times and Hot Locations
Every police department should keep track of the times and locations that vehicle theft occurs and include this information in the crime analysis briefing provided to officers at the beginning of their shifts.
Vehicles are stolen from every imaginable place-streets, driveways, parking lots, garages, car dealerships. Through crime analysis, most departments will observe that local vehicle theft occurs with greater frequency where large groups of cars are parked together for extended periods, such as shopping malls, large apartment complexes, movie theaters, sporting events, airports, colleges, and fairgrounds. The attracting factors are the high probability of the right make and model of car being available, the high number of escape routes, and the low likelihood of knowing the owner of the vehicle.
One technique to help curb vehicle theft is to equip and train attendants at fee parking lots to inspect and record positive identification (driver’s license and vehicle license number) from any driver claiming to have lost his or her parking ticket. This technique can significantly reduce thefts in fee lots. Requiring drivers to exit a parking lot past a ticket taker at a booth that also videotapes the driver and the vehicle can provide strong investigative leads.
The time of the theft will depend on the setting. Car thefts at shopping centers occur mostly during business hours when vehicles are left unattended for hours, whereas thefts from large apartment complexes occur at night after the residents have returned from work and settled in for the evening.
Knowing the times and locations of a community’s vehicle thefts allows police leaders to direct patrol efforts to curtail the problem.
In Ohio, police have learned several things about car theft. Most “professional” auto thieves are also involved in illegal drug activities. Statistics reveal that the typical auto thief is an adult male between the ages of 16 and 25. Subjects arrested in past investigations have come from all socioeconomic groups, have been both male and female, and have ranged in age from 12 to 65. But most auto theft suspects share two traits: greed and addiction to illegal narcotics. These characteristics become readily evident to officers who take the time to look beyond the traffic stop.
Homeland Security and Vehicle Theft
Today, state and local police departments have a greater responsibility for working to secure the homeland and striving to preempt future terrorist attacks. It is important to understand that local law enforcement’s new primary role is that of first preventers, not first responders.
It is critical that law enforcement managers ensure that each police agency sticks to its core mission. Whether that mission is saving lives through highway safety enforcement or preventing crime in urban environments, its patrol officers must stay true to the core mission of the agency.
Whatever the mission, one element connects all of law enforcement: traffic stops. Through traffic stops, officers develop skills that teach them how to talk to people, and what specific indicators of criminal activity to look for beyond the traffic stop.
The more skilled officers become, the more success they will have in criminal interdiction, including auto larceny enforcement. Traffic enforcement is integrated into all other crime-fighting efforts. Police managers must make a commitment to enhance the department’s auto larceny program, because so many other crimes can be discovered through integrated traffic enforcement.
Terrorist Links and Vehicle Theft
Law enforcement has known for years that auto theft is linked to organized crime and drug activity. Now, local law enforcement must realize that transportation is a key element in terrorist strategies. Public transportation attacks in London, England, earlier this year reminded us that transportation systems are targets for terrorists.
Modes of transportation are also tools for terrorists. Often, the vehicles used in terrorist car bombings are stolen. Commercial vehicles, and the dangerous and hazardous cargos they sometimes haul, are obviously inviting pieces of equipment for terrorists. A hazardous cargo explosion in a populated area could kill and injure many and disrupt the economy for some time.
The business plan for terrorists is to live, work, and plan in the community’s neighborhoods. Examples of this business plan are being carried out across the United States. In Columbus, Ohio, an al Qaeda operative named Iyman Faris was a truck driver living in the community while at the same time planning large-scale terrorist attacks.
Examples of homegrown terrorists’ interest in transportation targets have been included the sniper cases in Washington, D.C., and Columbus, Ohio. Timothy McVeigh was stopped for a traffic violation and apprehended just a few hours after the Oklahoma City bombing. In today’s heightened security environment, it is critical that through professional traffic enforcement officers are prepared and ready to intercept the next Timothy McVeigh on the way to the next Oklahoma City.
The Changing Paradigm
Through an agency’s core mission, including an increased emphasis on auto theft enforcement, officers can make a dramatic, positive impact on a community.
- Auto theft programs can help reduce injury and fatality crashes.
- Auto theft programs can help prevent crime.
- Auto theft programs can help police disrupt drug-trafficking operations.
Because intelligence information continues to link virtually every increased terrorism threat level to some aspect of transportation, local departments must instill in each officer the awareness that success in homeland security, which directly involves successful auto larceny investigation, starts with the commitment of officers on the road to look beyond the traffic stop.
Additional Officer Training Is Necessary
Since April 2004, the Ohio State Highway Patrol has provided a one-day auto theft training class to over 200 uniformed troopers. These troopers are taking the information they learned and sharing it with other troopers. Although they received a lot of information in a short time, they were eager to learn and wanted to take the time to apply their new skills.
Becoming proficient in the investigation of auto larceny does not happen quickly. It is important that auto theft investigation training provide officers with the time they need to absorb the information and have their questions answered thoroughly.
In late November 2004, the Ohio State Highway Patrol initiated an auto theft investigator training program for selected officers. This training program gives officers an in-depth look at auto theft from the investigator’s point of view. Specialized attention is given to fraudulent titling, salvaged \vehicle inspections, and alternate ways of identifying motor vehicles. Officers also obtain information about specialized vehicle theft task force operations and the use of bait cars in vehicle theft enforcement initiatives.
Managers expect the troopers who go through the course to become experts in the field of auto theft and mentors for other troopers. All law enforcement executives are encouraged to explore ways for top officers in vehicle theft investigation to share their experience, techniques, and valuable information with younger officers.
Supervisors’ Role
Shift supervisors need to improve their knowledge and awareness of auto theft activity and provide the support to work with road officers on their shift to enhance their auto larceny investigation techniques. For example, officers must understand they need to slow down as they approach a vehicle they have stopped. This is not only crucial from an officer-safety standpoint, but it is also a good way to look for signs of criminal activity. Among these signs could be indicators of auto theft.
Make sure officers take the time necessary to look at the public VIN and the federal identification, question the ownership of the vehicle, make follow-up inquiries when needed, use all available law enforcement intelligence-gathering mechanisms, and feel confident in seeking supervisory assistance for additional help when needed.
No longer should officers and supervisors be satisfied with responding to incidents and properly enforcing the law. They have a greater responsibility to work toward securing the homeland and striving to prevent future terrorist attacks. Meeting this challenge means extending their focus and understanding that success begins with looking beyond the traffic stop.
Through traffic stops, officers recover stolen vehicles, prevent crashes, stop crimes, and apprehend dangerous criminals. Simply stated, traffic stops can also lead to the capture of terrorists.
Instead of being reactive, take the offensive and be aggressive in addressing the growing problem of vehicle theft. Closely examine local operations, and adjust training to help officers hone investigatory skills so they are better prepared to look beyond the traffic stop for specific criminal and terrorist indicators.
It all starts with looking beyond the traffic stop. ■
The award recognizes outstanding efforts in reducing vehicle theft. Agencies both large and small have an equal chance of winning; entries are judged on initiative, use of available resources, and overall results.
Category 1 (1-250 Officers)
Mesquite, Texas, Police Department
Chief Gary Westphal
This agency aimed to reduce the incidence of auto thefts occurring both in major retail areas and on new and used car lots. To that end, it formed a task force that employed the following techniques:
- Bike patrols by officers on overtime, as well as by school resource officers during the summer months and the holiday season
- Skywatch, which provides an officer a 28-foot perch above retail areas
- VIN-etching (83 vehicles were marked the first day it was offered, and 350 were marked during 2004)
- Placing marked but recently retired squad cars as deterrents on new and used car lots, requiring participating dealerships’ confidentiality and the squad cars’ daily movement on those lots
The Mesquite Police Department reduced auto theft in the targeted areas 32 percent in 2004 over 2003 (from 99 thefts in 2003 to 67 in 2004) and intends to expand its deployment of retired police vehicles.
Puyallup, Washington, Police Department
Chief Robin T. James
This city of 35,690 residents and 51 sworn officers recently had been receiving more than 400 stolen vehicle reports annually. The police department formed a problem-oriented policing (POP) unit to address, among other issues, vehicle theft, and its response included the following:
- Analyzing past and present theft reports to identify those reporting areas where vehicle thefts occurred most frequently, as well as the types of vehicles stolen
- Developing a citywide community awareness prevention plan focused on opportunistic vehicle theft: monthly presentations to the business association and to apartment managers, six presentations at community meetings held in different geographical areas of the city, and discussions during the agency’s spring and fall citizens’ police academies
- Debriefing arrestees
- Partnering with the LoJack Corporation to install its tracking equipment in six police vehicles
- Publicizing the agency’s efforts in the local media
- Distributing brochures
This agency’s efforts reduced vehicle theft in its jurisdiction 12.4 percent in 2004 over 2003 (381 stolen vehicles versus 435).
Category 2 (251-1,000 Officers)
Corpus Christi, Texas, Police Department
Chief Pete Alvarez
The police department initiated both educational and enforcement strategies that reduced vehicle theft 17 percent in 2004 over 2003 and 30 percent in 2004 over 2001, the year before its efforts in this regard commenced; its recovery rate remained at 80 percent. The department’s educational efforts included the following:
- Offering twice-weekly presentations-in both English and Spanish-to various community groups at which pertinent pamphlets were distributed and after which participants could register for Heat (Help Eliminate Auto Theft) and could have their vehicles’ windows VIN-etched. In 2004, 6,500 persons attended these presentations, 294 of whom registered for Heat and 626 of whom had their windows VIN-etched. No Heat-registered or VIN-etched vehicle has been stolen in Corpus Christi.
- Adding a tag line (“Leaving your keys anywhere in the vehicle can be the start of big problems.”) to utility bills in May 2004, and distributing 89,000 vehicle theft prevention pamphlets distributed with those utility bills in July 2004.
- Arranging for the display of messages about auto theft on billboards along major thoroughfares, on the screen at a movie theater, in television commercials, and on Corpus Christi’s five “most wanted”(most stolen) vehicle posters in public venues.
- Instituting a facsimile alert system operated by new car dealers to warn each other of scam artists.
- Entering in the Buccaneer Days Parade a recovered stolen vehicle that had been stripped.
The department’s enforcement efforts included the following:
- Making vehicle theft investigators available 24 hours a day, seven days a week, on a callout basis
- Apprising officers via e-mail of theft trends, case updates, and hot tips
- Establishing a one-hour block of vehicle theft training in the in-service training curriculum
- Holding a one-day regional training for law enforcement and insurance company investigators semiannually
- Referring vehicle theft reports to a crime analyst so patterns and trends could be identified
Category 3 (1,001 or More Officers)
California Highway Patrol
Commissioner Michael L. Brown
Vehicle thefts in the California Highway Patrol’s (CHP) jurisdiction rose 22 percent between 2001 and 2003. The CHP identified five major categories of vehicle theft and developed strategies to attack each:
- Transportation theft (where vehicles are stolen for transportation and auto burglary) accounts for 85 percent of vehicle thefts and is combated by multi jurisdictional task forces, through bait car programs, through random personal watercraft and vessel inspections, through aggressive public awareness campaigns, through a toll-free line on which to report vehicle theft activity, and through the efforts of the public affairs officers assigned to each of its 102 field offices. The CHP, in conjunction with the National Insurance Crime Bureau, has implemented both fixed-post and mobile license plate reader systems that automatically scan registration plates and instantaneously alert officers of stolen vehicle hits. Moreover, it has developed a 40-hour advanced training course for investigators and patrol officers from both the CHP and allied agencies.
- Commercial/cargo theft is expensive and has national and localized economic repercussions. CHP’s Cargo Theft Interdiction Program prevents thefts of commercial vehicles and cargoes and increases recoveries of stolen items by coordinating multi jurisdictional investigations and by identifying which stolen commercial vehicles contain cargo. Two hundred fifteen cargoes valued in excess of $12 million were recovered in 2004.
- Professional theft and exportation of stolen vehicles is addressed by multi jurisdictional cooperative strategies to deter and recover stolen vehicles. These strategies include the Vehicle Theft Investigation Training Program, the Foreign Export And Recovery Program, and the Mexico Liaison Program. The CHP recovered 20 percent more vehicles (with a total value of $27 million) and prosecuted 143 percent more suspects in 2004 than in 2003.
- Salvaged vehicle schemes that use both stolen parts and VINs from salvaged vehicles are handled by officers who conduct inspections of salvaged vehicles prior to their being retitled. Those inspections recovered 64 stolen vehicles in 2004 and 58 in 2003.
- Insurance fraud is investigated by CHP’s Urban Insurance Fraud Task Force Units.
The CHP’s approach and programs already are reaping benefits. The number of vehicle thefts in CHP jurisdiction declined by 8 percent in 2004, the first such reduction in three years. The CHP consistently recovers more than 11 percent of all vehicles stolen in that state.
Category 4 (Multiagency Task Forces)
Lawrence, Massachusetts, Police Department
Chief John J. Romero
The Lawrence Auto Insurance Fraud Strike Force was organized after the September 2003 death of a grandmother who willingly had participated in a staged collision; its purposes were to reduce vehicle theft (Lawrence’s auto theft rate had been the second highest in the United States) and the fraud resulting from vehicle crashes in a concerted effort to annihilate Lawrence’s earned reputation as the state’s insurance fraud capital. In addition to the police department, the Essex County District Attorney’s Office, the Office of the Attorney General, the Insurance Fraud Bureau of Massachusetts, and insurance companies’ investigative units were represented on the strike force.
Lawrence police officials believe the introduction of the CompStat process in the police department contributed to the steady decline of vehicle thefts, from 1,979 in 1999 to 597 in 2004, a 74 percent reduction. Over 86 percent of the vehicles stolen were recovered in 2003 and in 2004.
Officials attacked the problem of fraudulent collisions by doing the following:
- Enacting a state law making hiring or acting as a runner (a person who is paid to stage false collisions and to direct clients to health care providers and lawyers) a felony
- Enabling the state’s medical licensing boards to oversee chiropractic and physical therapy clinics
- Implementing an insurance fraud tip reward program
The efforts of the strike force have led to 124 arrests (including chiropractors and attorneys) for filing millions of dollars’ worth of fraudulent claims, a 33 percent reduction in fake collisions, a 50 percent decrease in stolen vehicle reports, and an estimated $25 million decline in false insurance claims. ■
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fresno police auto theft case nears a settlement no comments
Settlement Possible
in Fresno Police
Auto Theft Case
By Dennis Hart
More than six months after a former Fresno police officer was charged in connection with an auto theft investigation, chances appeared to have improved on Tuesday for a possible out-of-court settlement.
Robert Eddings worked in the police department’s major narcotics unit when he and two other officers were caught up in the investigation earlier this year.
Charges against one of the other officers were dropped, and a jury found the other officer not guilty.
Eddings still faces two misdemeanor counts, but in court on Tuesday, his attorney, Carl Faller, said that Eddings’ circumstances “had changed,” and told a judge that settlement talks were possible with the district attorney’s office.
If he were convicted, Eddings could face a year in jail.
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