Social Media & Privacy - Dos and Don'ts

Visit bizarrocomics.com for more!Many folks (especially the young ones) have social media accounts these days, such as Facebook, Twitter, Google+, and the like. Grandmas use them to look at pictures of grandkids, college students use them to stay up on their friends, and many of us get our news from them. 

While social media is, by nature, a way to share your interests with others, it is a good idea to protect yourself online. Here are some tips to help get you there:

DO make sure your privacy settings are set to "Friends Only". Without this, anyone can see and use your personal information without your knowledge.

DON'T accept friend requests from people you don't know. Fake accounts can be used to access and download your personal information.

DO consider how a post will look to others before you post it. Others may not understand inside jokes or context unless you provide it.

DON'T overshare. You have a First Amendment right to privacy, but it can be given away.

As lawyers, we have seen a growth in requests for information from social media websites by insurance companies and the defense lawyers they hire. Unless information is guarded, insurance companies can access material on social media websites and have used it against people making claims.

Sometimes the information gets taken out of context. For instance, in one case a young woman was hurt in a car wreck. Her favorite thing to do in the summertime before the wreck was tubing on the lake. She tried it once or twice after her wreck, but it aggravated her symptoms and she didn't do it any more after that. Sure enough, the insurance company found a picture online from the one time she went tubing after her wreck and tried to use it against her, even after the proper context was explained to them.

What you say or post can affect your claim, and some judges have ordered litigants to turn over information on social media sites even where the highest privacy settings were selected. So, especially for people involved in court cases, it is important to be selective about what you post.

Halloween safety tips

Spongebob Squarepants pumpkin by NathanIt's that time of year again! Many of you will probably be trick-or-treating with loved ones over the next few days.

The most comprehensive list of Halloween safety tips is here. It includes tips on costume safety, food safety, protecting your children, pet safety, instructions for motorists, and general holiday safety tips.

Here are some more tips from the CDC:

• Swords, knives, and similar costume accessories should be short, soft, and flexible.
• Avoid trick-or-treating alone. Walk in groups or with a trusted adult.
• Fasten reflective tape to costumes and bags to help drivers see you.
• Examine all treats for choking hazards and tampering before eating them. Limit the amount of treats you eat.
• Hold a flashlight while trick-or-treating to help you see and others see you. Always WALK and don't run from house to house.
• Always test make-up in a small area first. Remove it before bedtime to prevent possible skin and eye irritation.
• Look both ways before crossing the street. Use established crosswalks wherever possible.
• Lower your risk for serious eye injury by not wearing decorative contact lenses.
• Only walk on sidewalks whenever possible, or on the far edge of the road facing traffic to stay safe.
• Wear well-fitting masks, costumes, and shoes to avoid blocked vision, trips, and falls.
• Eat only factory-wrapped treats. Avoid eating homemade treats made by strangers.
• Enter homes only if you're with a trusted adult.
• Never walk near lit candles or luminaries. Be sure to wear flame-resistant costumes.Provide healthier treats for trick-or-treaters such as low-calorie treats and drinks. For party guests, offer a variety of fruits, vegetables, and cheeses.
• Use party games and trick-or-treat time as an opportunity for kids to get their daily dose of 60 minutes of physical activity.
• Be sure walking areas and stairs are well-lit and free of obstacles that could result in falls.
• Keep candle-lit jack-o'lanterns and luminaries away from doorsteps, walkways, landings, and curtains. Place them on sturdy tables, keep them out of the reach of pets and small children, and never leave them unattended.
• Remind drivers to watch out for trick-or-treaters and to drive safely.

Happy Halloween from the Chaney Law Firm!

FDCPA protects consumers against unfair debt collectors

Here's a recent report on a debt collection company that was sued for abusing an Army veteran. The veteran was declared 100% disabled after suffering permanent spine and head injuries during his service. The debt collector told the veteran that he should have served his country better and he wouldn't be disabled, and that he should have died.

The Chaney Law Firm handled a similar pro bono case recently, and helped a disabled veteran prove in court that he had paid what he owed.

This type of abuse is against the law. The Fair Debt Collection Practices Act (FDCPA) protects consumers against unfair abuse. Some of the things that are illegal are:

• threatening violence or other criminal acts to get someone to pay a debt
• cursing at a consumer who owes a debt
• publishing someone's name in a list of people who owe money
• repeated telephone calls
• lying about the character, amount, or legal status of the debt

The FDCPA prohibits many other acts as well. If a consumer is tired of hearing from a debt collector, he or she should (1) tell the debt collector to provide validation of the debt, and (2) instruct the debt collector not to call or write anymore. If the debt collector's conduct becomes abusive, a consumer should keep a log of contact from the debt collector, noting the date, time, and duration of the call as well as what the debt collector said. Attorneys need this type of information to be able to help.

During election season, think about all your rights - including the 7th amendment

As election season ramps up to full gear, we hear political debate about many of our rights. Most folks know where many of our rights as U.S. citizens come from — the Bill of Rights, which are the first 10 amendments to the U.S. Constitution.

Most of us are familiar with the 1st Amendment, which deals with freedom of religion, of speech, and of the press. In times when children are murdered across the globe for what they say and wear, most of us realize this is our most fundamental freedom. Maybe that's why it came first.

Most of us in Arkansas believe in a strong 2nd Amendment, which is the right to bear arms.

The 7th Amendment is in the Bill of Rights. It says:

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

There is no doubt that the 7th Amendment guarantees the right to a trial by jury. It also says that factual findings by juries cannot be second-guessed by courts. (Similarly, Article 2, Section 7 of the Arkansas Constitution guarantees Arkansans the right to a trial by jury.)

What is the role of a jury? It is to listen to the facts when parties have a dispute, to decide which facts to believe and which to disbelieve, and to judge what is the right solution to the dispute between the parties. A jury is the way common citizens can have their peers hear all the facts and resolve disputes. Our jury system is a cornerstone of our democracy, and it is what separates us from other countries around the world.  

Why is this important? Because the 7th Amendment is under attack. Some special interest groups, such as the Koch Brothers, are hard at work lobbying Arkansas lawmakers to place limits on how juries can decide cases. This is called "tort reform," and it is designed to take power out of the hands of ordinary Americans. Instead of having ordinary citizens decide disputes, tort reform laws would place artificial boundaries on how juries can decide cases.

This is bad for America.

In our neighboring state of Texas, even Fox News has recognized that tort reform has unintended consequences (we've previously reported on this here and here). Doctor groups and former Republican senators, among others, have come out against tort reform because it takes power away from the people. The BP oil spill in 2010 shows that liability caps remove incentives for companies to put safety first.

At its core, the jury system is about ordinary citizens holding others responsible when they make mistakes or intentionally break the law. It is about justice in an individual case — not a one-size-fits-all rule imposed by government. Any attack on the jury system is an attack on personal responsibility — if the at-fault party can't be held responsible, then too often the burden falls on the taxpayer to foot the bill. 

All 10 Amendments in the Bill of Rights are important, not just 1 or 2. All 10. During this election season, please remind your lawmakers that you want to conserve the jury system in Arkansas, just the way it is. 

Get an early start on 2014 wet/dry elections

With election season gearing up, we’re all hearing about a few counties in Arkansas who have the wet/dry issue on the ballot. I’ve heard from folks in several counties who are thinking, “Why can’t that be me?”

If you’re thinking about making a wet/dry election (called a “local option” election under Arkansas law) happen in your county, here’s an overview of the process and how I can help.

READ THIS FIRST!

The most important thing about a successful local option election is that it requires a coordinated and sustained effort by a committed local group. Without a core group of volunteers willing to advance a grassroots effort, any local option election is destined to fail. I can assist with all phases of the process, but at the end of the day the local presence will determine whether the initiative makes the ballot.

The second most important thing about a local option election is that exact compliance with Arkansas election law is required during the petition phase. There are many Arkansas cases where substantial compliance was not good enough. Most of my initial efforts are designed to educate the core group on what it takes to achieve compliance with Arkansas election law, because the petition phase is typically the longest part of a local option campaign.

CAMPAIGN ORGANIZATION

I break a local option campaign down into five major categories: (1) accounting; (2) fundraising; (3) public relations; (4) canvassing; and (5) legal. Each will be discussed in more detail below. Ideally, a ballot question committee (“BQC”), which is the legal entity required for advancing a local option election, will be made up of an executive committee that has a chairman, a document coordinator, and a head of each of the five divisions discussed below.

Accounting:

The accounting division handles initial registration of the BQC, tax identification numbers, and bank accounts. Monthly reports are required of donations, loans, and expenditures during the campaign, and a final report must be submitted once the election is over. Typically during an election cycle, I assist with setting up the BQC and fielding questions concerning reporting requirements for certain types of contributions and loans.

Fundraising:

The fundraising division solicits donations, keeps track of income, and turns accurate records over to the accounting division. The main purpose for my involvement in the fundraising division is to ensure that reporting requirements are met. Some reporting requirements for BQCs are slightly different than ordinary campaign finance laws.

Public Relations:

The public relations division is responsible for advertising and turning out the vote. My involvement in PR work for local option campaigns has varied widely, but at its apex I extensively researched wet/dry statistics; created mail pieces, flyers, and newspaper ads; wrote op-ed pieces; ran social media campaigns; and gave newspaper interviews about the election process.

Canvassing:

The canvassing division involves the actual collection of registered voter signatures. It involves training members of the BQC to both collect signatures and train others how to collect signatures in compliance with Arkansas election law. Alternatively, a BQC may elect to hire an outside firm to gather signatures for a fee. This division is responsible for knowing who is a registered voter, whether they have signed the petition, and whether each signature should count towards a rolling tally.

Because I am a lawyer and cannot be a witness to any case that may arise as a result of the petition process, my involvement in this phase is limited to the initial training session and then fielding questions from canvassers during the petition drive.

Legal:

The legal division is responsible for drafting the actual petition language, getting it approved by the local Board of Election Commissioners, and certifying it before circulation. This division is also responsible for the initial training sessions for canvassers. It is also a good idea for the legal division to periodically check for updates to relevant election laws. Usually I field questions during the petition drive over electioneering issues. Examples of questions that I have fielded before are:

• Can I gather petition signatures in the church parking lot during the primary election as long as I’m 100 feet from the door?
• Does a signature count if the person dies?
• How many signatures do we need?

Invariably, different issues arise during each election. I understand that assisting with elections requires me to be both knowledgeable and responsive so that my clients can get quick answers to time-sensitive questions.

 WHAT I PROVIDE

Much of my work on local option elections involves preparing the BQC to gather signatures and conduct the campaign in compliance with Arkansas law. I provide the actual initiative petition; organizational charts; detailed instructions for the document coordinator, canvasser trainers, and canvassers; example ads, postcards, and flyers; report forms for the Arkansas Ethics Commission; and relevant laws, regulations, and rules governing local option elections. I use these materials to train the people who will gather signatures and who will train others to gather signatures themselves. All this occurs before the first signature is signed onto the petition.

My involvement afterwards becomes that of campaign consultant. I am as involved as your BQC wants me to be. That can range from fielding the occasional legal question to being actively involved in preparing campaign materials and running social media and other advertising campaigns.

Litigation often arises during local option campaigns. It is my goal to avoid litigation by putting in the preparatory work so that the petition drive is performed correctly and is insulated from a legal challenge. In the event the petition is challenged, however, I am an experienced trial attorney with a strong handle on the evidentiary and legal requirements necessary to win a legal challenge to my clients’ petitions.

If you’re interested in organizing a BQC in your county, please give me a call. I’d be happy to help.