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Effective January 1, 2010, smog emission inspections are required for diesel-powered vehicles manufactured in or after 1998, and have a gross vehicle weight rating (GVWR) of 14,000 pounds or less for original registrations and transfers.

Biennial smog inspection requirements will be phased-in beginning with a registration renewal date of April 30, 2010.

Procedures
A smog check inspection is required:

http://www.dmv.ca.gov/vehindustry/vin_memos/vin2009/09vin28.pdf

The 4-year rule that currently exempts gas-powered vehicles, four or less model-years old, from transfer smog is not applicable to diesel-powered vehicles. A smog transfer fee will not be due for diesel-powered vehicles as they must obtain a smog certificate.
•
The 6-year rule that currently exempts gas-powered vehicles, six or less model-years old, from biennial smog is not applicable to diesel-powered vehicles. A smog abatement fee will not be due for diesel-powered vehicles as they must obtain a smog certificate.
•
Exemptions applicable to gas-powered vehicles located in non-biennial counties, family transfers, and obtaining a smog for a transfer within the past 12 months, will also apply to diesel-powered vehicles.
New vehicle dealers may certify on the New Vehicle Report of Sale (REG 397) that new diesel-powered vehicles with a GVWR of 14,000 pounds or less, meets emission requirements.

Vehicles that fail the smog check inspection may be eligible for the Consumer Assistance Program (CAP). Qualified consumers will be eligible for financial assistance for emission-related repairs or they can choose to retire their high-polluting vehicle.

All questions regarding diesel-powered vehicle smog requirements should be referred to the Bureau of Automotive Repair (BAR), at 1-800-952-5210, or visit www.smogcheck.ca.gov.
Background

Effective January 1, 2010, legislation expands the motor vehicle smog inspection program to include “diesel-powered” vehicles manufactured in 1998, and newer, with a GVWR of 14,000 pounds or less for original registrations, transfers, and renewals.

Distribution

Notification that this memo is available online, at www.dmv.ca.gov under Publications was made via e-mail alert in December 2009.

Contact
Call the DMV Customer Communications Section, at (916) 657-6560 for further clarification of this memo. Upon request, this document can be produced in Braille or large print.
JEAN SHIOMOTO, DMV Deputy Director Communication Programs Division

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Written by admin on December 29th, 2009

consignment sales are a quick & easy way to build a retail inventory no comments

Posted at 2:07 pm in california car buyer bill of rights,car buyer protection act,car dealer history,car dealer web development tools,dealer advertising,dealer broker / car buying service,dealer licensed salesperson training,dealer red flag rules,dmv representation,licensed salesperson training,luxury car club,luxury motorcycle club,private dmv dealer education,rex the automated red flag man,used car dealer insurance,wholesale car dealer license,women in the car business

Road to Success
You can still find a place in the auto industry–you just have to know where to look.
By Laura Tiffany | Entrepreneur Magazine –
Auto-Inspired Businesses

When customers walk into Dale Fox’s car rental business in Venice, California, they aren’t greeted by a choice of compact, sedan or SUV; they’re greeted by art–both on the walls and on four wheels. Spin Automotive Group, Fox’s company, offers rentals of classic, one-of-a-kind automobiles in museum-quality condition.

“[In Los Angeles,] there are lots of places where you can go out and rent a new Ferrari for a day. They’ve become ordinary,” says Fox, 41. “But if I pull up behind a [Lamborghini] in a 1961 Alfa Romeo, I guarantee you that I’ll come out after five minutes and there will be 12 people standing around the car. [Classics] are very inclusive, not exclusive. They strike up conversations, and I find that it’s a way of engaging the world in a really authentic, genuine fashion rather than trying to say, ‘I’m cooler than you.’”

Fox has found a unique niche in a marketplace full of multinational household names and is set to bring in $5 million in his first full year of business. “The [automotive] industry–especially dealerships–is populated with many second-, third- and even fourth-generation family businesses,” says Les McKeown, a serial entrepreneur, author and consultant who has advised many automotive aftermarket, dealership and rental businesses. “These are tough incumbents to unseat. They have longevity, customer loyalty and detailed insider’s knowledge of the industry on their side.”

As entrenched as the auto industry is, footholds do exist for new entrepreneurs who are niche-oriented, innovative and passionate about cars.

For Sale by Owner
Leslie Vander Baan had her entrepreneurial epiphany while navigating the difficult task of selling a car on her own. She recalls sitting on the curb outside “a bowling alley in Timbuktu” while waiting for a family to return with her car that they had taken for a mechanical inspection. “When it came time to facilitate the transaction, they were spooked about my title because I had just moved and it was out of state,” says Vander Baan, 30. “I was concerned that the money I was taking wasn’t going to be legit–that it wouldn’t deposit and clear. I just thought there has to be a better way to do this.”

“One-third of used car market [sales are] owner-to-owner, and they’re navigating this really frustrating, inconvenient process because of the savings involved,” says Vander Baan, adding that opting for dealer trade-ins usually results in $1,500 to $2,500 less for the car owner. “So we developed a solution for that hassle.” That solution is Automotive Consignment, a unique kind of used-car dealership that Vander Baan started with her husband, Mike, in 2003. The company’s nearly a dozen employees help people sell their cars on consignment by conducting test drives, handling paperwork, offering financing and providing a one-stop location for any other car-selling needs.

Licensed to Sell

We couldn’t pass up the opportunity to dig a little deeper and uncover their secrets to success.

If you want to sell cars, navigating the licensing maze can be a challenging process. “Licensing laws have typically been fairly strict on who can sell a motor vehicle because of the possibility of fraud,” explains Jim Moors, director of franchising and state law with the National Automobile Dealers Association. “You have significant issues with vehicle condition [and] odometer accuracy.” All states have different laws, but typically there’s a limit to the number of vehicles you can sell each year before you’re required to obtain a dealer’s license. There are often several types of licenses–auction dealers, new-car dealers, used-car dealers and salesperson licenses–but for any type of car dealer’s license, you typically need a physical location and signage for your business, a surety bond and insurance.

Most dealer licensing falls under the jurisdiction of your state’s motor vehicle department, and you can usually find more information on its website, including paperwork downloads, application fees and requirements.

The Road Less Costly

Dealerships are the Big Kahunas of the automotive industry. Because of the prime real estate involved, the inventory and the red tape, startup costs can be phenomenal, as entrepreneur Leslie Vander Baan can attest. But there are less pricy opportunities out there for car-loving entrepreneurs. “If you’re a bootstrapper, I’d look for a higher margin niche business–’primo’ detailing, high-end rental, luxury parts–where the margins and demand are somewhat less vulnerable to the current economic pressures,” advises consultant Les McKeown.

Franchising is another option you may want to consider. Entrepreneur’s Franchise Zone (entrepreneur.com/franchise) lists nearly 20 automotive franchises, including windshield repair and auto appearance reconditioning, that can be started for less than $20,000.
As with many car entrepreneurs, the auto business is in Vander Baan’s blood. She’s a third-generation dealership owner, and her father was her original silent investor, helping her secure $500,000 in startup capital and a $1.5 million property on auto row in Charlotte, North Carolina. Both of her parents now work with Vander Baan in her business, which she expects will bring in $4.9 million this year.

Trey Cobb also has cars in his blood. His father owned a tire shop in Rockwell, Texas, but it was imports (Subarus, specifically) that caught Cobb’s eye. Back in 1999, Cobb was unable to find the performance parts he wanted for his Subaru Impreza 2.5RS, so he claimed a corner of his father’s shop and began manufacturing parts on his own. His first products, an intake system and a camshaft, have now blossomed into 40 to 50 aftermarket products for Infinitis, Mazdas, Mitsubishis, Nissans and, of course, Subarus.

Cobb’s computer science background led him to specialize in tuning solutions for car computer systems, including his signature AccessPORT product. Cobb Tuning–now 35 employees strong and headquartered in Salt Lake City, which allows for weather-friendly product testing–brings in more than $6 million annually.

Cobb has carved out a specific market in the auto industry: His customers are tech-savvy enthusiasts with strong brand allegiances. His marketing strategy hasn’t changed much since he began in 1999. “We’ve always maintained a high level of grass-roots effort, going to various enthusiast meets and race events,” says Cobb, 33, who started up with just $10,000. “We also do quite a bit with discussion forums; we have our own blog. You really have to be involved on the grass-roots level so you can immediately respond to your customers’ changing demands.”

Vander Baan finds most of her business through referrals, repeat business, drive-by traffic, online ads and her website. Fox, on the other hand, decided to use a unique tactic for marketing his business: art. “We used [our] art gallery as leverage,” says Fox, whose business is located in the heart of Venice’s art gallery district. “Once a month, there would be an opening gala [for a local artist we would feature]. The people who [attended] are influencers. They’re high-wealth individuals and in the know about Los Angeles. So our strategy was: ‘Let them tell the story.’”

Fox rents out classic cars including a ’61 Alfa Romeo Giulietta and a ’58 Jaguar MkVIII to vacationers, locals celebrating special occasions, film and TV producers, and other clients. And he’s hired former employees of noted car collector Jay Leno and Galpin Auto Sports, the shop that pimps rides on MTV, to keep his rentals in tiptop shape.

The Red Tape
Finding a niche and a market to go along with it is just the first step. The most difficult startup hurdle may be the red tape inherent with auto-related businesses. “The hardest part was licensing and permitting,” says Fox, who has a dealer’s license and plans to start a classic car investment fund this year. “We changed a lot of things about the building. Doing that and getting the property permitted to legally be able to buy and sell cars was one of the biggest challenges. It took almost a year to get all that [approved].”

Finding a way to finance car sales was one of Vander Baan’s biggest challenges. “The financing aspect of the business is a very, very tricky one,” says Vander Baan, who eventually plans to take her consignment services online. “The banks in general don’t seem to like giving financing to independent car dealers. It’s a high-risk business for them.” She says it can take as long as five years to build deals with major lenders, but she was able to make it happen after just two-and-a-half years. Prior to that, she had to send buyers to their banks with bills of sale.

In the aftermarket parts industry, you may be able to forego the dealer’s license hassle, but the safety, emissions and other regulations are still a concern. “Often, as an enthusiast who decides to make a business out of it, you may not be exposed to all the laws and regulations,” says Cobb. “That’s where joining one of the organizations such as SEMA [Specialty Equipment Market Association] is important, so you can start to get that information.”

The Right Stuff
Being passionate is a huge plus in the aftermarket parts industry. “We see a lot of companies come in with a lot of capital–really good business-minded people–but they’re not enthusiasts or enthusiastic about the product they’re selling,” says Cobb. “And especially in these smaller niche markets, the customers can easily tell. They’ll immediately pick up on if that person is there just to try to turn a profit or if they’re there as a fellow enthusiast.”

But as with all businesses in which passion is a driving factor, jumping in too quickly is a common error. “Sometimes the attraction [to cars] borders on obsession, and that can make an individual blind to the often real problems and challenges with getting traction in the marketplace,” says McKeown.

McKeown says another common mistake he sees is startups over-investing too early: “Inexperienced entrepreneurs, especially first-timers, often think starting a business is like a pro baseball game. If they come out swinging for the fences, they [think they] can get a big early win.”

McKeown suggests being frugal when starting up, as Fox was in starting his high-end rental company in a prime real estate location for less than $100,000. “Save your money,” says McKeown. “You’re going to need all you have–and more–to last for a very long time. Start small, prove the market, get some early success and reinvest.”

Vander Baan echoes this sentiment based on her experience: “There’s a big reason you hear people say it will cost two times as much and take twice as long [as you expect].” She ticks off her startup expenses: “You need significant amounts of insurance, there are dealer licensing provisions, and you’ve got to get your bonds secured, refit the building and invest in inventory.” She also advises budgeting adequately for payroll, because “there is no one else doing it but you,” she says. “It’s like bringing home a baby. It never lets you sleep. You need a good support network in place to help you through when you just have to go to sleep.” Vander Baan credits her parents with the survival of her business; right when she was burning out, they stepped in to help.

Above all, McKeown stresses that business know-how is the key to success in the auto market. “Recognize that no matter how deep your passion for cars, that passion is no substitute for business acumen. Too many genuinely enthusiastic hobbyists launch what they hope will be a successful, thriving business only to find out too late that they haven’t got the skills to launch and grow a viable business,” says McKeown.

Vander Baan grew up working in the industry and had guidance from her father; Fox is a serial entrepreneur, having had many business successes. For those without that kind of experience, McKeown suggests turning to other entrepreneurs for advice. “Almost every successful entrepreneur I’ve met has a laser-like radar when it comes to judging whether or not someone else has ‘got it,’” he says. “Go see three or four entrepreneurs, share your vision and goals, answer their questions and ask for their candid advice. At this stage, the advice you get from them will be worth more than any business school program.”

Laura Tiffany is a web editor and freelance writer from Orange County, California.

Written by admin on December 27th, 2009

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classic car glossary of car dealer terms 2 comments

Posted at 8:54 pm in car dealer education,car dealer funding,car dealer history,dealer advertising,dealer bond,dealer broker / car buying service,dealer fraud prevention,dealer licensed salesperson training,how to become a car dealer,licensed salesperson training,luxury car club,private dmv dealer education,rex on automated repossession,rex the automated red flag man

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.

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

Written by admin on December 26th, 2009

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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.

Written by admin on December 26th, 2009

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car dealers: are we still the ” united states ” of america ??? no comments

Posted at 1:09 pm in automated red flag man,california car buyer bill of rights,car buyer protection act,car dealer education,car dealer funding,dealer red flag identity theft tools,dealer red flag rules,dmv investigations,dmv representation,how to become a car dealer,licensed salesperson training,national salvage vehicle database,private dmv dealer education

Tenth Amendment Talking Points

1. The People created the federal government to be their agent for certain enumerated purposes only. The Constitutional ratifying structure was created so it would be clear that it was the People, and not the States, that were doing the ratifying.

2. The Tenth Amendment defines the total scope of federal power as being that which has been delegated by the people to the federal government, and also that which is absolutely necessary to advancing those powers specifically enumerated in the Constitution of the United States. The rest is to be handled by the state governments, or locally, by the people themselves.

3. The Constitution does not include a congressional power to override state laws. It does not give the judicial branch unlimited jurisdiction over all matters. It does not provide Congress with the power to legislate over everything. This is verified by the simple fact that attempts to make these principles part of the Constitution were soundly rejected by its signers.

4. If the Congress had been intended to carry out anything they claim would promote the “general welfare,” what would be the point of listing its specific powers in Article I, Section 8, since these would’ve already been covered?

5. James Madison, during the Constitutional ratification process, drafted the “Virginia Plan” to give Congress general legislative authority and to empower the national judiciary to hear any case that might cause friction among the states, to give the congress a veto over state laws, to empower the national government to use the military against the states, and to eliminate the states’ accustomed role in selecting members of Congress. Each one of these proposals was soundly defeated. In fact, Madison made many more attempts to authorize a national veto over state laws, and these were repeatedly defeated as well.

6. The Tenth Amendment was adopted after the Constitutional ratification process to emphasize the fact that the states remained individual and unique sovereignties; that they were empowered in areas that the Constitution did not delegate to the federal government. With this in mind, any federal attempt to legislate beyond the Constitutional limits of Congress’ authority is a usurpation of state sovereignty – and unconstitutional.

7. Tragically, the Tenth Amendment has become almost a nullity at this point in our history, but there are a great many reasons to bring it to the forefront. Most importantly, though, we must keep in mind that the Founders envisioned a loose confederation of states – not a one-size-fits-all solution for everything that could arise. Why? The simple answer lies in the fact that they had just escaped the tyranny of a king who thought he knew best how to govern everything – including local colonies from across an ocean.

8. Governments and political leaders are best held accountable to the will of the people when government is local. Second, the people of a state know what is best for them; they do not need bureaucrats, potentially thousands of miles away, governing their lives. Think about it. If Hitler had ruled just Berlin and Stalin had ruled just Moscow, the whole world might be a different place today.

9. A constitution which does not provide strict limits is just the thing any government would be thrilled to have, for, as Lord Acton once said, “Power tends to corrupt, and absolute power corrupts absolutely.”

10. We agree with historian Kevin Gutzman, who has said that those who would give us a “living” Constitution are actually giving us a dead one, since such a thing is completely unable to protect us against the encroachments of government power.

Recommended Books:

Who Killed the Constitution? – Thomas E. Woods, Jr & Kevin R.C. Gutzman
The Constitution in Exile – Andrew Napolitano
The Politically Incorrect Guide to the Constitution – Kevin R.C. Gutzman
A Disquisition on Government – John Calhoun
The Essential Federalist and Anti-Federalist Papers

Written by admin on December 26th, 2009

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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.

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.

http://caag.state.ca.us/wanted/index.htm

Written by admin on December 26th, 2009

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identity theft survival kit from invisus no comments

Are You a Victim of Identity Theft?

Information and resources.

http://www.invisus.com/id_victim.php

Below is a helpful guide provided by Privacy Rights Clearinghouse to get your identity back.
If you want to stay protected in the future, be sure to sign up for iDefend and let our identity specialists manage everything for you.

Identity Theft: What to Do if It Happens to You

You apply for a credit card and are turned down because of a low credit score, yet you know that you’ve always paid your accounts on time.

A debt collector calls to demand payment on a six-month overdue account for a credit card you have never had.

You receive a credit card in the mail that you’ve never applied for.

What’s happening? You could be the victim of identity theft, where an imposter is using your personal information to obtain credit. Then when the thief does not pay the bills, the company itself or a debt collection company contacts you to demand payment. As a result, your credit report is likely to contain negative information about your bill-payment history, and your credit score has probably been lowered considerably, making it difficult or impossible to obtain new credit yourself.

This guide provides victims of identity theft with instructions on how to regain your financial health and who to contact for more help. You must act quickly and assertively to minimize the damage.

1	Notify credit bureaus / fraud alerts	13.	Passports
1a.	Monitor your credit reports	14.	Phone service
1b.	Security freeze	15.	Student loans
2.	Law enforcement	16.	Driver’s license number misuse
3.	Federal Trade Commission	17.	Identity theft involving those you know
4.	New credit accounts	18.	Medical identity theft
5.	Existing accounts	19.	Victim statements
6.	Debt collectors	20.	False civil and criminal judgments
7.	Check and banking fraud	21.	Legal help
8.	ATM cards	22.	Keep good records
9.	Brokerage accounts	23.	Dealing with emotional stress
10.	Fraud involving U.S. mail	24.	Making change
11.	Secret service	25.	Don’t give in
12.	SSN misuse	26.	Other useful tips
		27.	Resources

1. Notify credit bureaus and establish fraud alerts. Immediately report the situation to the fraud department of the three credit reporting companies — Experian, Equifax, and TransUnion. When you notify one bureau that you are at risk of being a victim of identity theft, it will notify the other two for you. Placing the fraud alert means that your file will be flagged and that creditors are required to call you before extending credit. Consider using a cell phone number if you have one.

We recommend that you do not choose to call Experian. You will be subject to a marketing pitch for their “free” credit management tools. If you fail to cancel the service within 30 days, your credit card will automatically be charged for the service.

Equifax: P.O. Box 740250, Atlanta, GA 30374- 0241.
Report fraud: Call (888) 766-0008 and write to address above.
TDD: (800) 255-0056
Web: www.equifax.com

Experian: PO Box 9532
Allen TX, 75013
Report fraud: Call (888) EXPERIAN (888-397-3742) and write to address above.
TDD: Use relay to fraud number above.
Web: www.experian.com/fraud

TransUnion: P.O. Box 6790, Fullerton, CA 92834-6790.
Report fraud: (800) 680-7289 and write to address above.
TDD: (877) 553-7803
E-mail (fraud victims only): fvad@transunion.com
Web: www.transunion.com

Under new provisions of the Fair Credit Reporting Act (FCRA, §605A) you can place an initial fraud alert for only 90 days. The credit bureaus will each mail you a notice of your rights as an identity theft victim. Once you receive them, contact each of the three bureaus immediately to request two things:

a free copy of your credit report
an extension of the fraud alert to seven years

You may request that only the last four digits of your Social Security number (SSN) appear on the credit report.

You must have evidence of attempts to open fraudulent accounts and an identity theft report (police report) to establish the seven-year alert. You may cancel the fraud alerts at any time.

In all communications with the credit bureaus, you will want to refer to the unique number assigned to your credit report and use certified, return receipt mail. Be sure to save all credit reports as part of your fraud documentation file.

Once you have received your three credit reports, examine each one carefully. Report fraudulent accounts and erroneous information in writing to both the credit bureaus and the credit issuers following the instructions provided with the credit reports. The FTC’s identity theft guide provides a sample letter to send to the credit bureaus requesting that fraudulent accounts be blocked. http://www.ftc.gov/bcp/edu/pubs/consumer/idtheft/idt04.pdf (scroll down to find letter)

Once you notify the credit bureaus about the fraudulent accounts, the bureau is required to block that information from future reports. The bureau must also notify the credit grantor of the fraudulent account. (FCRA, §605B) Ask the credit bureaus for names and phone numbers of credit grantors with whom fraudulent accounts have been opened if this information is not included on the credit report.

In addition, instruct the credit bureaus in writing to remove inquiries that have been generated due to the fraudulent access. You may also ask the credit bureaus to notify those who have received your credit report in the last six months to alert them to the disputed and erroneous information (two years for employers). Under California law, when you provide a copy of the police report to the credit bureaus, they must remove the fraudulent accounts from your credit report. (California Civil Code 1785.16(k))

1a. Monitor your credit reports. Be aware that these measures may not entirely prevent new fraudulent accounts from being opened by the imposter. Credit issuers do not always pay attention to fraud alerts, even though the law now requires it. That is why we recommend that you check your credit reports again in a few months.

The federal FACTA law enables you to receive a free credit report per year from each of the three credit bureaus. (FCRA §612) This is over and above the free reports you can order when you place fraud alerts on your three credit reports. Once you have received your free credit reports as a part of the fraud-alert process, follow up in a few months by taking advantage of your free FACTA copy. We recommend that you order your free credit reports by phone rather than using the online system. Call (877) 322-8228.

For more on free credit reports, see http://www.ftc.gov/freereports and www.annualcreditreport.com.

Laws in several states give individuals additional opportunities to obtain free credit reports. For confirmed identity theft victims who live in California, you can get one free report each month for the first 12 months upon request. (California Civil Code 1785.15.3) And in seven states, whether a victim or not, you can receive one free credit report each year under state law, over and above the free FACTA report you can receive yearly under federal law. These states are: Colorado, Georgia (2 per year), Maine, Maryland, Massachusetts, New Jersey, and Vermont.

1b. Security freeze. As of November 2007, individuals nationwide are able to “freeze” their credit reports with Equifax, Experian, and TransUnion. By freezing your credit reports, you can prevent credit issuers from accessing your credit files except when you give permission. This effectively prevents thieves from opening up new credit card and loan accounts. In most states, security freezes are available at no charge to identity theft victims and for a relatively small fee for non-victims.

For state-by-state information on security freezes, visit this Consumers Union web page: www.consumersunion.org/campaigns//learn_more/003484indiv.html
The California Office of Privacy Protection provides a guide on security freezes for Californians, www.oispp.ca.gov/consumer_privacy/consumer/documents/pdf/cis10securityfreeze.pdf.

If your identity thief is aggressive and gives no indication of ceasing to use your identity to obtain credit, consider using the security freeze to reduce access to your credit file. The security freeze is free to victims of identity theft in most states. Non-victims who wish to activate the security freeze for prevention must pay a fee in most states. Some states make the security freeze available only to identity theft victims.

2. Law enforcement. Report the crime to your local police or sheriff’s department right away. You might also need to report it to police department(s) where the crime occurred if it’s somewhere other than where you live. Give them as much documented evidence as possible. Make sure the police report lists the fraudulent accounts . Get a copy of the report, which is called an “identity theft report” under the FCRA. Keep the phone number of your investigator handy and give it to creditors and others who require verification of your case. Credit card companies and banks may require you to show the report in order to verify the crime.

FTC regulations define an “identity theft report” to include a report made to a local, state, or federal law enforcement agency. If your local police department refuses to file a report and your situation involves fraudulent use of the U.S. mail, you can obtain an identity theft report from the U.S. Postal Inspector. If your case involves fraudulent use of a driver’s license in your name, you might be able to obtain a report from your state’s Department of Motor Vehicles. The FTC has more information on identity theft reports at http://www.ftc.gov/bcp/edu/microsites/idtheft/consumers/defend.html

3. Federal Trade Commission. Report the crime to the FTC. Include your police report number. Although the FTC does not itself investigate identity theft cases, they share such information with investigators nationwide who are fighting identity theft.

Call the FTC’s Identity Theft Hotline: (877) IDTHEFT (877-438-4338)
Or use its online identity theft complaint form: https://www.ftccomplaintassistant.gov/
Or write: FTC Identity Theft Clearinghouse, 600 Pennsylvania Ave. N.W., Washington, DC 20580.
The FTC’s uniform fraud affidavit form is available at http://www.ftc.gov/bcp/edu/resources/forms/affidavit.pdf
Visit the Web site for the President’s Identity Theft Task Force for Identity Theft Victims’ Statement of Rights under federal law: www.idtheft.gov/

4. What to do with new credit accounts opened by the imposter. If your credit report shows that the imposter has opened new accounts in your name, contact those creditors immediately by telephone and in writing. Recent amendments to the FCRA (§623(6)(B)) allow you to prevent businesses from reporting fraudulent accounts to the credit bureaus. The FTC provides a sample dispute letter at http://www.ftc.gov/bcp/conline/pubs/credit/fcb.shtm(scroll down).

Creditors will likely ask you to fill out fraud affidavits. The FTC provides a uniform affidavit form that most creditors accept, http://www.ftc.gov/bcp/edu/resources/forms/affidavit.pdf. No law requires affidavits to be notarized at your own expense. You may choose to substitute witness signatures for notarization if creditors require verification of your signature.

Ask the credit grantors in writing to furnish you and your investigating law enforcement agency with copies of the documentation, such as the fraudulent application and transaction records. Both federal and California law give you the right to obtain these documents. (FCRA § 609(e), and California Penal Code 530.8). The California Office of Privacy Protection provides instructions and sample letters on how to obtain documentation from credit grantors, http://www.oispp.ca.gov/consumer_privacy/consumer/documents/html/cis3aenglish.asp

A victim of identity theft must provide a copy of the FTC affidavit or another affidavit acceptable to the business, plus government-issued identification, and a copy of an “identity theft report” (police report) in order to obtain the documents created by the imposter. The business must provide copies of these records to the victim within 30 days of the victim’s request at no charge. The law also allows the victim to authorize a law enforcement investigator to get access to these records.

When you have resolved the fraudulent account with the creditor, ask for a letter stating that the company has closed the disputed account and has discharged the debts. Keep this letter in your files. You may need it if the account reappears on your credit report.

You must also notify the credit bureaus about the fraudulent accounts. Instructions are provided in Section 1 above.

5. Handling problems with your existing credit or debit accounts. If your existing credit or debit accounts have been used fraudulently, report it in writing immediately to the credit card company.

Request replacement cards with new account numbers. In addition to phoning the credit card company regarding the fraud, you will need to follow up in writing and will likely be asked to provide a fraud affidavit or a dispute form. Send the letter to the address given for “billing inquiries,” not the address for sending payments. Carefully monitor your mail and bills for evidence of new fraudulent activity. Report it immediately. Add secure passwords to all accounts . These should not be your mother’s maiden name or any word that is easily guessed.6. Debt collectors. If debt collectors try to get you to pay the unpaid bills on fraudulent accounts, ask for the name of the collection company, the name of the person contacting you, phone number, and address. Tell the collector that you are a victim of fraud and are not responsible for the account. Ask for the name and contact information for the referring credit issuer, the amount of the debt, account number, and dates of the charges. Ask if they need you to complete their fraud affidavit form or whether you can use the FTC affidavit. Follow up by writing to the debt collector explaining your situation. Ask that they confirm in writing that you do not owe the debt and that the account has been closed.

Under new provisions in the FCRA, a debt collector must notify the creditor that the debt may be a result of identity theft. (§615(g)) The FCRA also prohibits the sale or transfer of a debt caused by identity theft. (§615(f))
7. Check and banking fraud. If you have had checks stolen or bank accounts set up fraudulently, ask your bank to report it to ChexSystems, a consumer reporting agency that compiles reports on checking accounts. Also, place a security alert on your file (see web address below).

Your bank should be able to provide you with a fraud affidavit. Put “stop payments” on any outstanding checks that you are unsure about. Close your checking account and other affected accounts and obtain new account numbers. Give the bank a password for your account (not mother’s maiden name, Social Security number, date of birth, pet’s name, sequential numbers, or any other easily guessed words).

Phone: (800) 428-9623. Fax: (602) 659-2197
Web: https://www.consumerdebit.com/consumerinfo/us/en/index.htm
To place a security alert on your ChexSystems report: https://www.consumerdebit.com/consumerinfo/us/en/chexsystems/theftaffidavit/index.htm Write: ChexSystems Inc., Attn: Consumer Relations, 7805 Hudson Rd., Suite 100, Woodbury, MN 55125.

If your own checks are rejected at stores where you shop, contact the check verification company that the merchant uses. The major ones are listed here.

Fidelity National Information Services (was Certegy)	(800) 437-5120	www.fidelityinfoservices.com
SCAN	(800) 262-7771	www.consumerdebit.com
TeleCheck For annual file disclosure Fraud, id theft department	(800) 366-2425 (800) 835-3243 (800) 710-9898	www.telecheck.com
CrossCheck	(800) 843-0760	www.cross-check.com

Under a new federal law, you now have a right to obtain any reports that these companies compile about you. For ChexSystems and any of the check verification companies listed here that you have had to contact as a result of your identity theft situation, we recommend that you request a copy of your file once a year. Make sure your file has been corrected. If not, you will find it difficult to open new bank accounts and/or write checks.

8. ATM cards. If your ATM or debit card has been stolen or compromised , report it immediately. Contact your bank and fill out a fraud affidavit. Get a new card, account number, and password. Do not use your old password. Closely monitor your account statements. You may be liable if the fraud is not reported quickly. Start with a phone call and immediately follow up in writing. Be sure to read the debit card contract for information about liability. Some cards are better protected in cases of fraud than others.

ATM and debit card transactions are subject to the Electronic Fund Transfer Act. (15 USC §1693) Even if you are a victim of identity theft, your liability for charges can increase the longer the crime goes unreported. For more on EFTA, see the Federal Reserve Board’s guide, www.federalreserve.gov/pubs/consumerhdbk/electronic.htm. Also read the FTC’s guide on electronic banking, http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre14.shtm9. Brokerage accounts. You do not have the same protections against loss with brokerage accounts as you do with credit and debit card or bank accounts. The Securities Investor Protection Corporation ( www.sipc.org ) restores customer funds only when a brokerage firm fails. If an identity thief or other fraudster targets your brokerage account, refer to your account agreement for information on what to do. Immediately report the incident to the brokerage company and notify the Securities and Exchange Commission, www.sec.gov Also notify the Financial Industry Regulatory Association, formerly NASD, www.finra.org. To protect against fraud, put a password on each of your investment accounts.

10. Fraud involving U.S. mail. Notify the local Postal Inspector if you suspect an unauthorized change of your address with the post office or if the U.S mail has been used to commit fraud. Find out where fraudulent credit cards were sent. Notify the local Postmaster to forward all mail in your name to your own address. You may also need to talk with the mail carrier.

Call the U.S. Postal Service to find the nearest Postal Inspector at (800) 275-8777 or visit its web site at http://postalinspectors.uspis.gov/. The online complaint form is available at https://postalinspectors.uspis.gov/forms/MailFraudComplaint.aspx. Or you can mail your complaint to: U.S. Postal Service, Criminal Investigations Service Center, Attn: Mail Fraud, 222 S. Riverside Plaza Suite 1250, Chicago, IL 60606-6100.

11. Secret Service. The U.S. Secret Service has jurisdiction over financial fraud. But, based on U.S. Attorney guidelines, it usually does not investigate individual cases unless the dollar amount is high or you are one of many victims of a fraud ring. To interest the Secret Service in your case, you may want to ask the fraud department of the credit card companies and/or banks, as well as the police investigator, to notify the Secret Service agent they work with. www.treas.gov/usss/financial_crimes.shtml

12. Social Security number (SSN) misuse. The Social Security Administration (SSA) does not in most cases provide assistance to identity theft victims. But be sure to contact the SSA Inspector General to report Social Security benefit fraud, employment fraud, or welfare fraud.

Social Security Administration online complaint form: www.socialsecurity.gov/oig
SSA fraud hotline: (800) 269-0271
By mail: SSA Fraud Hotline, P.O. Box 17768, Baltimore, MD 21235

As a last resort, you might try to change your number, although we don’t recommend it except for very serious cases . The SSA will only change the number if you fit their fraud victim criteria. See the Identity Theft Resource Center’s Fact Sheet 113 for more information, http://www.idtheftcenter.org/artman2/publish/v_fact_sheets/Fact_Sheet_113_Social_Security_Number.shtml

If your SSN card has been stolen or lost, order a replacement. Complete the SSA’s application available at www.socialsecurity.gov/online/ss-5.html or by calling the SSA at (800) 772-1213, or by visiting your local SSA office. You will need to provide the required documentation such as birth certificate and government ID at your local SSA office to get a replacement card.

13. Passports. Whether you have a passport or not, write to the passport office to alert them to anyone ordering a passport fraudulently.

U.S. Dept. of State, Passport Services, Consular Lost/Stolen Passport Section, 1111 19th St., NW, Suite 500, Washington, DC 20036.
Website: www.travel.state.gov/passport/lost/lost_849.html

14. Phone service. Identity thieves often establish fraudulent cell phone accounts, with monthly bills going unpaid. The imposter might also have opened local and long distance telephone accounts. If the imposter has obtained phone account(s) in your name, contact the phone company for information on how to report the situation. The steps that you take to clear your name with both the phone company and credit bureaus are much the same as with credit card accounts described above in steps one and three. For AT&T, the fraud hotline is (866) 718-2011.

If your calling card has been stolen or there are fraudulent charges, cancel it and open a new account. For your own phone accounts, add a password that must be used any time your local, cell phone, and long distance accounts are changed.15. Student loans. If an identity thief has obtained a student loan in your name, report it in writing to the school that opened the loan. Request that the account be closed. Also report it to the U.S. Dept. of Education:

Call: U.S. Dept. of Education Inspector General’s Hotline: (800) MISUSED (800-647-8733)
Write: Office of Inspector General, U.S. Dept. of Education, 400 Maryland Ave., SW, Washington, DC 20202-1510.
Web: www.ed.gov/about/offices/list/oig/hotline.html?src=rt

16. Driver’s license number misuse. You may need to change your driver’s license number if someone is using yours as ID on bad checks or for other types of fraud. Call the Department of Motor Vehicles (DMV) to see if another license was issued in your name. Put a fraud alert on your license if your state’s DMV provides a fraud alert process. Go to your local DMV to request a new number. Fill out the DMV’s complaint form to begin the investigation process. Send supporting documents with the completed form to the nearest DMV investigation office.

California DMV fraud unit, www.dmv.ca.gov/consumer/fraud.htm. Phone: (866) 658-5758. Outside Calif.: (916) 657-2274. E-mail: dlfraud@dmv.ca.gov
The California DMV actually encourages victims to contact them to place “a control” (alert) on their license whenever it is lost or stolen (rather than waiting until they find out it has been misused). It affects only DMV transactions
DMVs in other states: http://www.usa.gov/Topics/Motor_Vehicles.shtml (scroll down)

17. Identity theft involving family members and others you know. If a deceased relative’s information is being used to perpetrate identity theft, or if you personally know the identity thief, additional information about how to address these situations is available in other fact sheets. Visit the Identity Theft Resource Center web site:

When you know the perpetrator (family member, acquaintance), http://www.idtheftcenter.org/artman2/publish/v_fact_sheets/Fact_Sheet_115_When_
you_personallyknow_the_identity_thief.shtml
ID theft of the deceased, http://www.idtheftcenter.org/artman2/publish/c_tips/Fact_Sheet_
117_IDENTITY_THEFT_AND_THE_DECEASED_-_PREVENTION_AND_VICTIM_TIPS.shtml
Children and ID theft, http://www.idtheftcenter.org/artman2/publish/v_fact_sheets/Fact_Sheet_120.shtml

18. Medical identity theft. Medical identity theft occurs when someone uses your name, Social Security number, or other personal information to obtain health care or medical products. Another variation involves false claims for medical care made to your health insurer, again using your personal information. Like other forms of identity theft, victims of medical identity theft may first become aware of a problem with a call from a debt collector. Medical identity theft can be particularly insidious since remedies involve cleaning up your medical records as well as your credit reports. For a full discussion of the crime of medical identity theft as well as steps to take if you are a victim, visit the Web site of the World Privacy Forum, www.worldprivacyforum.org

19. Victim statements. If the imposter is apprehended by law enforcement and stands trial and/or is sentenced, write a victim impact letter to the judge handling the case. Contact the victim-witness assistance program in your area for further information on how to make your voice heard in the legal proceedings. Read the Identity Theft Resource Center’s Fact Sheet 111, http://www.idtheftcenter.org/artman2/publish/v_fact_sheets/Fact_Sheet_111_Victim_Impact_Statements.shtml

20. False civil and criminal judgments. Sometimes victims of identity theft are wrongfully accused of crimes that were committed by the imposter. If you are wrongfully arrested or prosecuted for criminal charges, contact the police department and the court in the jurisdiction of the arrest. Also contact your state’s Department of Justice and the FBI to ask how to clear your name. If a civil judgment is entered in your name for your imposter’s actions, contact the court where the judgment was entered and report that you are a victim of identity theft.

21. Legal help. You may want to consult an attorney to determine legal action to take against creditors, credit bureaus, and/or debt collectors if they are not cooperative in removing fraudulent entries from your credit report or if negligence is a factor. Call the local Bar Association (www.abanet.org/premartindale.html), a Legal Aid office in your area (for low-income households), or the National Association of Consumer Advocates (www.naca.net) to find an attorney who specializes in consumer law, the Fair Credit Reporting Act, and the Fair Credit Billing Act.

If you are a senior citizen or take care of a dependent adult, be sure to contact an elder law service or the nearest Aging and Independent Services program. Many district attorneys have an elder abuse unit with expertise in financial crimes against seniors.22. Keep good records. In dealing with the authorities and financial companies, keep a log of all conversations, including dates, names, and phone numbers. Note the time you spent and any expenses incurred in case you are able to seek restitution in a later judgment or conviction against the thief. You may be able to obtain tax deductio ns for theft-related expenses (26 U.S.C. §165(e) — consult your accountant). Confirm all conversations in writing. Send correspondence using certified mail with return receipt requested. Keep copies of all letters and documents.

Visit these web sites for tips on organizing your case:

FTC’s guide Take Charge, http://www.ftc.gov/bcp/edu/pubs/consumer/idtheft/idt04.shtm
Identity Theft Resource Center,
http://www.idtheftcenter.org/artman2/publish/v_fact_sheets/Fact_Sheet_106_Organizing_

Your_Identity_Theft_Case.shtml

23. Dealing with emotional stress. Psychological counseling may help you deal with the stress and anxiety commonly experienced by victims. Know that you are not alone. Contact the Identity Theft Resource Center for information on how to network with other victims and deal with the impact of this crime. www.idtheftcenter.org

24. Making change. Write to your state and federal legislators. Demand stronger privacy protection and prevention efforts by creditors and credit bureaus.

25. Don’t give in. Do not pay any bill or portion of a bill that is a result of fraud. Do not cover any checks that were written or cashed fraudulently. Do not file for bankruptcy. Your credit rating should not be permanently affected. No legal action should be taken against you. If any merchant, financial company or collection agency suggests otherwise, restate your willingness to cooperate, but don’t allow yourself to be coerced into paying fraudulent bills. Report such attempts to government regulators immediately.

26. Other Useful Tips

If you are in the military, place an active duty alert on your credit report
When you are away from your usual duty station, you can place an active duty alert on your three credit reports as an extra protection against identity theft. The alert remains on your credit reports for 12 months. Contact the fraud departments for the three credit bureaus. Those phone numbers are provided in Section 1 above.

Order your free credit report
Whether or not you are a victim of identity theft, take advantage of your free annual credit reports, now a requirement of federal law.

Phone: (877) 322-8228
Web: www.annualcreditreport.com
FTC’s guide: http://www.ftc.gov/freereports

Opt out of pre-approved offers of credit for all three credit bureaus

Call (888) 5OPTOUT (888-567-8688). You may choose a five-year opt-out period or permanent opt-out status.
Or opt-out online, www.optoutprescreen.com

Remove your name from mail marketing lists (Direct Marketing Association)

Write: Mail Preference Service, P.O. Box 643, Carmel, NY 10512. Include check or money order for $1.
Web: www.dmachoice.org. There is no charge when registering online.

Remove your phone number(s) from telemarketing lists

Phone the FTC’s Do Not Call Registry: (888) 382-1222
Online registration: www.donotcall.gov

Order your earnings report from the Social Security Administration

Order your Personal Earnings and Benefits Estimate Statement if you suspect an identity thief has used your SSN for employment: (800) 772-1213. The SSA automatically mails it to individuals three months before the birthday each year. www.ssa.gov/online/ssa-7004.html
For information on reporting fraud to the SSA, read tip 12 above.

Check your ID Score

Track the possible misuse of your identity at the free service My ID Score, www.myidscore.com .

27. Resources Federal Trade Commission (FTC)

Read its guide, Take Charge: Fighting Back Against Identity Theft, http://www.ftc.gov/bcp/edu/pubs/consumer/idtheft/idt04.pdf.
Online information and complaint form: www.consumer.gov/idtheft
FTC uniform fraud affidavit form: www.ftc.gov/bcp/conline/pubs/credit/affidavit.pdf
Identity Theft Hotline: (877) IDTHEFT (877-438-4338)
Write: FTC Identity Theft Clearinghouse, 600 Pennsylvania Ave. N.W., Washington, DC 20580

President’s Identity Theft Task Force (www.idtheft.gov/)

Read Identity Theft Victims’ Statement of Rights, www.ftc.gov/bcp/edu/microsites/idtheft/consumers/rights.html
Read publication, “Taking Action,” for information on what federal government agencies are doing to combat identity theft, www.idtheft.gov/takeaction.html

Federal Agencies and Technology Industry

For tips on online safety, visit www.onguardonline.gov

Identity Theft Resource Center (ITRC)

Guides for victims, www.idtheftcenter.org (Click on Victim Resources.)
Phone: (858) 693-7935
Web: www.idtheftcenter.org
E-mail: itrc@idtheftcenter.org
Write: P.O. Box 26833, San Diego, CA 92196

U.S. PIRG and the State PIRGs

Read its model legislation for identity theft prevention, www.pirg.org/consumer/credit/model.htm
Web: www.pirg.org/consumer/credit

California Office of Privacy Protection

Web: www.privacy.ca.gov
ID theft guides in English and Spanish, www.privacy.ca.gov/cover/identitytheft.htm
Phone: (866) 785-9663
Write: California Office of Privacy Protection, Dept. of Consumer Affairs, 1625 North Market Blvd. Suite N324, Sacramento, CA 95834

Identity Theft Survival Kit

Mari Frank, Esq., author of From Victim to Victor: A Step-by-Step Guide for Ending the Nightmare of Identity Theft and Safeguard Your Identity: Protect Yourself with a Personal Privacy Audit
Web: www.identitytheft.org
Phone: (800) 725-0807

U.S. Dept. of Justice. The DOJ prosecutes federal identity theft cases.

Web: http://www.usdoj.gov/criminal/fraud/websites/idtheft.html

FBI Internet Fraud Complaint Center. The Internet Crime Complaint Center (IC3), a partnership between the FBI and the National White Collar Crime Center, allows you to report suspected cases of Internet and e-commerce fraud, including phishing.

Web: www.ic3.gov

http://www.invisus.com/id_victim.php

Written by admin on December 26th, 2009

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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/

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Written by admin on December 26th, 2009

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identity theft tips from the california attorney general no comments

Posted at 12:33 pm in automated red flag man,california car buyer bill of rights,car buyer protection act,car dealer education,dealer advertising,dealer bond,dealer fraud prevention,dealer red flag rules,dmv investigations,licensed salesperson training,national salvage vehicle database,private dmv dealer education,red flag rules are NOT rocket science,rex the automated red flag man,women in the car business

Tips for Victims

This information is provided to assist individuals who are victims or suspect they may be victims of identity theft. It is intended as a general guide, not as legal advice.

SOME THINGS TO DO IMMEDIATELY

Victims of identity theft must act quickly to minimize the damage. It is very important to keep good notes of all conversations and records of all correspondence with your financial institutions and law enforcement agencies, including a log of the names, dates and phone number of persons you contacted. You also should confirm the information in writing. Sending your letters by certified mail, return receipt requested, will provide you with a record of your correspondence.

REPORT ID THEFT TO MAJOR CREDIT BUREAUS.

Contact the fraud departments of each of the three major credit bureaus and report that your identity has been stolen. Ask that a “fraud alert” be placed in your file.

Trans Union P.O. Box 1000 Chester, PA 19016-1000 Phone: (800) 680-7289

Experian (formerly TRW) P.O. Box 9532 Allen, TX 75013 Phone: 888-EXPERIAN ((888)397-3742)

Equifax P.O. Box 105069 Atlanta, GA 30348 Phone: (800) 525-6285

FILE A POLICE REPORT WITH LOCAL POLICE OR POLICE WHERE IDENTITY THEFT OCCURRED.

Get a copy of the police report and retain for your records. Credit card companies and financial institutions may require you to show a copy of this report to verify the crime. Keep the phone number of your investigator and provide it to creditors and others who require verification of your case.

CONTACT ALL CREDITORS.

For any accounts that have been fraudulently accessed or opened, contact the billing inquiries and security departments of the appropriate creditors or financial institutions. Close these accounts. Use passwords – not your mother’s maiden name – on any new accounts opened. Confirm your contact in writing. Ask that old accounts be processed as “account closed at consumer’s request.” Having a “card lost or stolen” reference because when this statement is reported to credit bureaus, it can be interpreted as blaming you for the loss. Carefully monitor your mail and credit card bills and report immediately any new fraudulent activity to credit grantors.

OBTAIN FREE COPY OF YOUR CREDIT REPORT, MONITOR REGULARLY.

As a victim of identity theft, you may obtain a free copy of your credit report and should monitor activity every few months. Ask the credit bureaus for names and phone numbers of credit grantors with whom fraudulent accounts have been opened. Ask the credit bureaus to remove inquiries that have been generated due to the fraudulent access. Other consumers seeking a copy of their credit report may be charged a fee.

* Equifax Phone: (800) 685-1111
* Experian (formerly TRW) Phone: 888-EXPERIAN ((888) 397-3742)
* Trans Union Phone: (800) 888-4213

Under state law (California Civil Code 1785.16(k)), a consumer submitting a valid police report can have the credit reporting agency block the reporting of any information that the consumer alleges appears on the credit report as a result of identity theft. You also may want to ask the credit bureaus to notify those who have received your credit report in the last six months in order to alert them to the disputed and erroneous information.

CONTEST BILLS THAT RESULT FROM IDENTITY THEFT.

Consumer and privacy advocates suggest not paying any portion of a bill which is a result of identity theft and not filing for bankruptcy. This will involve disputing credit card charges with the card company by writing to the address for “billing error” disputes – not the bill payment address. You should follow the directions given by the credit card company for disputing charges. This information must be provided by the company. Your credit rating should not be permanently affected, and no legal action should be taken against you as a result of identity theft. If any merchant, financial institution or collection agency suggests otherwise, simply restate your willingness to cooperate, but don’t allow yourself to be coerced into paying fraudulent bills. Report such attempts to government regulators immediately.

ACCESS INFORMATION IF ACCOUNT OPENED FRAUDULENTLY IN YOUR NAME.

If a loan, credit or utility service account has been opened fraudulently in your name, you now can obtain a copy of the application used and a record of transactions or charges associated with that account. The information you learn may be useful in determining what personally identifying information was stolen, help clear your good name and credit, and even lead to the identity of the thief.

Here is a checklist for accessing account info under California Penal Code section 530.8:

* File a Police Report that you believe you are a victim of identity theft. Keep a copy of the police report.
* Fill out the request forms provided by the law enforcement agency or use the Fraudulent Account Information Request Form
* Fill out the Identity Theft Affidavit PDF logo [PDF 50 kb / 7 pg]
* Send completed package (Info Request/ID Theft Affidavit/Police Report) to each creditor where the thief opened an account using your stolen identity.
* Provide account information you receive to the police officer investigating your ID theft case.

FALSE CIVIL AND CRIMINAL JUDGMENTS.

Sometimes victims of identity theft are wrongfully accused of crimes committed by the identity thief. If a civil judgment has been entered in your name for actions taken or debts incurred by your impostor, contact the court where the judgment was entered and report that you are a victim of identity theft. If you are wrongfully prosecuted for criminal charges, contact the state Department of Justice and the FBI and obtain information on how to clear your name. The California Department of Justice will be establishing a statewide data base beginning September 2001 to provide certain information about identity theft crimes to victims and law enforcement agencies.

FOR OTHER TYPES OF IDENTITY THEFT:

NOTIFY CALIFORNIA DEPARTMENT OF MOTOR VEHICLES OF MISUSE OF DRIVER’S LICENSE NUMBER.

You may need to change your driver’s license number if someone is using yours as identification on bad checks. Call the DMV to see if another license was issued in your name. Put a fraud alert on your license. Go to your local DMV to request a new number. Also, fill out the DMV’s complaint form to begin the fraud investigation process. Send supporting documents with the completed form to the nearest DMV investigation office. Web: Department of Motor Vehicles

REPORT STOLEN CHECKS AND STOP PAYMENT IMMEDIATELY.

If you have had checks stolen or bank accounts set up fraudulently, report it to the appropriate check verification companies. Put stop payments on any outstanding checks that you are unsure of. Cancel your checking and savings accounts and obtain new account numbers. Give the bank a secret password for your account (not mother’s maiden name). If your own checks are rejected at stores where you shop, contact the check verification company that the merchant uses. To report fraudulent use of your checks:

* Chexsystems: (800) 428-9623
* CrossCheck: (800) 843-0760
* Equifax: (800) 437-5120
* International Check Services: (800) 631-9656
* SCAN: (800) 262-7771
* TeleCheck: (800) 710-9898

REPORT STOLEN ATM CARDS AND CHANGE PASSWORDS IMMEDIATELY.

Get a new ATM card, account number and password. When creating a password, don’t use common numbers like the last four digits of your SSN or your birth date. Monitor your account statement. You may be liable if fraud is not reported quickly.

FOR SUSPECTED FRAUDULENT CHANGE OF ADDRESS, NOTIFY LOCAL POSTAL INSPECTOR.

Call the U.S. Post Office to obtain the phone number of the local Postal Inspector. Find out where fraudulent credit cards were sent. Notify the local Postmaster for that address to forward all mail in your name to your own address. You may also need to talk with the mail carrier. U.S. Postal Inspection Service

U.S. Post Office Phone: (800) 275-8777

REPORT MISUSE OF SOCIAL SECURITY NUMBER BY CALLING SECURITY ADMINISTRATION.

Order a copy of your Personal Earnings and Benefits Statement and check it for accuracy. The thief might be using your SSN for employment purposes. If you fit specific fraud victim criteria, the Social Security Administration may change your Social Security Number. Report fraud: (800) 269-0271. Order Personal Earnings and Benefits Statement: (800) 772-1213. Web: U.S. Social Security Administration

FOR SUSPECTED MISUSE, CANCEL LONG DISTANCE CALLING CARD ACCOUNTS

If your long distance calling card has been stolen or you discover fraudulent charges, cancel the account and open a new one. Provide a password which must be used any time the account is changed.

FOR MISSING OR FRAUDULENT PASSPORTS, NOTIFY THE US STATE DEPARTMENT.

Whether you have a passport or not, write the passport office to alert them to anyone ordering a passport fraudulently.

SEEKING LEGAL ADVICE.

You may want to consult a lawyer to determine legal action to take against creditors and/or credit bureaus if they are not cooperative in removing fraudulent entries from your credit report or if negligence is a factor. Call the local Bar Association or Legal Aid office to find an attorney who specializes in consumer law, the Fair Credit Reporting Act and the Fair Credit Billing Act.

IDENTITY THEFT RESOURCES

* California Office of Privacy Protection
* Electronic Privacy Information Center (EPIC)
* Federal Deposit Insurance Commission
* Federal Trade Commission (FTC)
* Privacy Rights Clearinghouse
* US Comptroller of the Currency
* US Justice Department
* US Postal Inspection Service
* US Public Interest Research Group
* US Secret Service

Written by admin on December 26th, 2009

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car dealer assisted financing is hardly a secret, the car buyers bill of rights and the FTC red flag rules make the car dealer’s obligations very clear no comments

Posted at 5:43 pm in automated red flag man,california car buyer bill of rights,car buyer protection act,car dealer education,car dealer video,car dealer web development tools,dealer advertising,dealer forms,dealer fraud prevention,dealer licensed salesperson training,dealer red flag rules,dmv investigations,dmv representation,licensed salesperson training,private dmv dealer education,red flag rules are NOT rocket science

20/20: Beware the Car Dealer’s Secret
20/20’s Arnold Diaz Has Important Info for Car Buyers

On today’s 20/20, Arnold Diaz warns car buyers about the hidden charges car dealers may tack on during the purchase of a car.

According to consumer attorney Gary Klein, “It’s a dirty little secret that the auto lending industry has not owned up to.”

It works like this. Car dealers do not do the actual money lending, but send your application to a number of lenders, who then tell them what interest rate you qualify for. They call that number the “buy rate.” But legally, car dealers are not required to tell you that rate or how much they are marking up the loan. Dealers get a small fee for arranging loans at the buy rate, but can make a lot more money if they can get you to pay a higher rate. And lenders encourage that because they usually split the extra income.

David Robertson, head of the Association of Finance and Insurance Professionals — a trade group representing finance managers — defends the practice, saying it’s akin to a retail markup on loans. “The dealership provides a valuable service on behalf of the customer in negotiating these loans,” he says. “Because of that, the dealership should be compensated for that work.”

And there’s troubling evidence that black customers may be twice as likely as whites to have their rate marked up — and by more. That evidence — included in thousands of pages of confidential documents that 20/20 and The New York Times went into a Tennessee court to obtain — shows that Nissan and GM dealers in that state routinely marked up rates for blacks, forcing them to pay between $300 and $400 more than whites.

“The bottom line is that everyone who pays markup is affected by markup and is the victim of a secret policy, but blacks are victimized worse,” says Klein, a lawyer with the National Consumer Law Center (www.nclc.org) who is working on a discrimination lawsuit against GM Acceptance Corporation and Nissan Motors Acceptance Corporation.

The legal team in the discrimination suit filed against the two companies had an expert analyze thousands of confidential customer files from Tennessee Nissan and GM dealers and say they reveal a pattern of discrimination. In Nissan’s case, white customers loans were marked up an average of $507 — but black customers faced a $969 markup. At the GM dealers, blacks paid $315 more in markup than whites. In statements, both companies say this analysis is “seriously flawed” and point out that their loan application does not ask the buyer’s race. Both the companies and the dealers insist they do no tolerate any racial discrimination.

Prep Before You Shop So how do you ensure you’re not paying more than you should? Before you approach a dealer, get online and compare rates. You can find some Web links on the right. BanxQuote (www.banx.com) and Bankrate.com (www.bankrate.com) provide various lenders’ rates for new and used car loans. You can apply online for a loan through LendingTree.com (www.lendingtree.com). Plug in your salary and preferred payment structure, and LendingTree will return three to four different rates, giving you more information to bargain with dealers, or sidestep them completely.

And for a $3.95/monthly fee, Consumer Reports Online (www.ConsumerReports.org) can be a valuable tool for car buyers. The site contains information on more than 200 car models, including test results, ratings and survey results about vehicle reliability and driver satisfaction. Edmunds.com (www.edmunds.com) is another choice for car facts and pricing on new and used models. Finally, the Kelley Blue Book (www.kbb.com) will tell you how much your current car is worth, a valuable tool when considering a trade-in.

Written by admin on December 25th, 2009

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car dealer fraud can affect hundreds of customer and cost millions of dollars no comments

Posted at 2:02 pm in automated red flag man,california car buyer bill of rights,car buyer protection act,car dealer education,car dealer funding,car dealer history,dealer forms,dealer fraud prevention,dealer red flag rules,dmv investigations,dmv occupational licensing,dmv representation,licensed salesperson training,private dmv dealer education,rex on automated repossession

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.

Written by admin on December 25th, 2009

some believe 2010 will be a better year for car dealers with a renaissance of new vehicle product no comments

Posted at 1:53 pm in automated red flag man,california car buyer bill of rights,car buyer protection act,car dealer education,car dealer funding,car dealer history,licensed salesperson training,luxury car club,luxury motorcycle club,private dmv dealer education,rex the automated red flag man,women in the car business

KEITH CRAIN
Next year has got to be better
Keith Crain
Automotive News

This year was lousy at best. During this economic disaster, we have seen car and truck sales plummet. And although sales seem to have bottomed out recently, they are certainly nothing to write home about.

But I have great optimism that next year will be markedly better. Sure, it’s tough for anyone who wants to buy a car or truck to postpone it for months, even a year. Americans never have been able to moderate their automotive desires; and a depression, while putting a damper on the economy, doesn’t stop car sales. We’re still selling more than 10 million cars and trucks in 2009.

But what will really pull buyers back into showrooms are all the products being launched. From a new Mercedes convertible to the hot Ford Taurus SHO, to some new iron from Asia, a renaissance of vehicles is under way.

In spite of the U.S. economy, the North American International Auto Show in Detroit as always will be a showplace for new cars and trucks from all over the world.

There is nothing like a good economy to inspire people to buy a new car. But the introduction of new models will bring out the buyers in America who have an almost irresistible desire to buy a car — especially when it is truly a new car.

Every automaker seems to have product it has just introduced or is about to introduce. That includes everything from high-powered pony cars — which Detroit seems to have a lock on with the new Camaro fighting the Mustang and Challenger for a spot on the performance charts — to tamer vehicles.

For those who are into politically correct vehicles, there will be an influx of all sorts of electric vehicles. We might even see a few more diesels. Those folks are praying for $4-a-gallon gasoline, which doesn’t seem too likely in a depression.

Once again, the consumer is proving that the product is king.

Let’s hope for an economic recovery — but a whole bunch of new products will pull us out of the recession just as quickly.

Contact Automotive News

Read more: http://www.autonews.com/apps/pbcs.dll/article?AID=/20091221/RETAIL02/312219990/1126#ixzz0ajuNSr38

Written by admin on December 25th, 2009

car buyers beware…fake car dealer websites in michigan advertising repossession sales no comments

Posted at 12:26 pm in california car buyer bill of rights,car buyer protection act,car dealer education,car dealer funding,car dealer talk radio,car dealer web development tools,dealer fraud prevention,dmv investigations,dmv occupational licensing,dmv representation,rex on automated repossession,women in the car business

Secretary Land: Beware online auto deal scams

Contact: (Media Contact) Kelly Chesney 517-373-2520
Agency: Secretary of State
Image: Consumer Protection

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

Written by admin on December 24th, 2009

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identity theft tips from the california attorney general no comments

car dealer assisted financing is hardly a secret, the car buyers bill of rights and the FTC red flag rules make the car dealer’s obligations very clear no comments

car dealer fraud can affect hundreds of customer and cost millions of dollars no comments

some believe 2010 will be a better year for car dealers with a renaissance of new vehicle product no comments

car buyers beware…fake car dealer websites in michigan advertising repossession sales no comments

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