Showing posts with label D.A.s. Show all posts
Showing posts with label D.A.s. Show all posts

Sunday, January 4, 2009

Gift Cards and Refunds

Now that the X-Mas shopping is done and the gifts opened, what happens if you want to return your gift? Or, if you received a gift card, do you know when you can get cash from the card? Here are some tips, prepared by the Consumer Protection Unit of the Santa Clara County District Attorney's Office, relating to refunds/returns and gift cards:

Refunds

A retail store in California does not have to accept your return of merchandise simply because you have changed your mind.

A retail store in California can set its own policy on returning merchandise. It may elect to refuse any returns once a purchase has been made, or accept returned merchandise for a store credit only.

However, if a retail store elects not to give a full refund or store credit within 7 days after purchase, it must post that written refund policy:
*on a sign at each cash register and sales counter;
*on tags associated with that merchandise;
*at each public entrance; or
*on order forms.

The policy must state:
*whether the store will give a cash refund, store credit, or exchange for the full amount of the purchase price;
*the time within which the return must be made; and
*any other conditions related to the policy.

There are exceptions under this law so be a wise shopper and ask to see the refund policy.

Gift cards and gift certificates

While gift cards and certificates make for very flexible and easy gifts, you should keep in mind the restrictions allowed under California law.

While the gift card or certificate cannot have an expiration date, the card may include a dormancy fee (a fee charged for not using the card or certificate within a certain time period); such fees are required to be printed on the front or back of the card or certificate. You also need to consider the likelihood that the store will close before you can use the card or certificate.

Finally, sellers of gift cards and certificates must redeem them only when the balance on them falls below $10.00.

Saturday, January 3, 2009

Wise Consumer Tips (California)

My readers are no doubt enjoying the new year--the Nasdaq is up 3.5% and the Dow is up almost 3%. But stock market gains mean nothing if you get scammed in personal economic transactions. To help my California readers avoid fraud, I found some excellent consumer tips, prepared by the Consumer Protection Unit of the Santa Clara County District Attorney's Office. The resolutions/tips are very helpful and definitely worth a look:

As a consumer, I resolve, in 2009, to:

-read and understand every consumer contract, especially when purchasing or leasing a car, BEFORE signing it and get all oral promises added to the contract in writing

-check with the Contractors State Licensing Board on the status of a contractor before hiring one to work on my home (Licenses can be checked by telephoning the Board at 1-800-321-CSLB or using the Board’s website at www.cslb.ca.gov .)

-understand the refund/return policy before purchasing in a store or from a store online

-watch the register when items are being scanned to catch pricing errors (Consumers may call the Santa Clara County Department of Weights and Measures’ toll-free scanner hotline at 1-866-SCANNER to complain or ask questions about scanning devices at stores.)

-use my credit card for purchases, whenever possible and reasonable, so I can write to my credit card company to dispute any charge

-make all car payments on schedule to avoid repossession and a bad credit record

-obtain a written estimate for any auto repair and ask for replaced parts, if I need them (Licenses can be checked by telephoning the Bureau of Automotive Repair at 1-800-952-5210 or using the Bureau’s website at www.bar.ca.gov .)

-review my itinerary and cancellation terms before purchasing travel arrangements, whether online or through a travel agent

-not disclose my personal or financial information, such as credit card or bank account numbers, over the telephone or online to any organization I cannot verify as reputable

-check with the Better Business Bureau, Consumer Reports, the Bay Area Consumer Checkbook or simply do an internet search on any company from which I am purchasing

For more information, call the Santa Clara County District Attorney’s Office, Consumer Protection Unit at 408-792-2880.

[Note: this number goes to a local D.A.'s office, designed to assist residents of Santa Clara County, or those complaining about businesses in Santa Clara County.]

Tuesday, November 18, 2008

S.F. Judge Reprimanded

Interesting article on an S.F. judge:

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/11/18/BAAV147BAP.DTL

I've never met the judge, but he sounds like a former District Attorney.

I just checked--Judge McBride was a former assistant D.A. and a police officer. According to the S.F. Sentinel, "[Judge] McBride has previously been named Judge of the Year by both the San Francisco Trial Lawyers Association and the San Francisco Bar Association’s Barrister Club." Judge McBride was also elected the S.F. Court's presiding judge this year.

Nothing against Judge McBride, but in states where voters can elect judges, I recommend voting against former district attorneys if they lack private sector experience handling non-criminal cases. Some great judges were former D.A.s, but generally speaking, D.A.s tend to see the world in black and white. Also, while former district attorneys seem to have a better work ethic than non-criminal lawyers, this extra energy is usually caused by a Superman complex. What do I mean by a Superman complex?

Most D.A.s become D.A.s to protect society from criminals and bad elements. To place yourself in a role where you can single-handedly protect your fellow man by locking up citizens (some of whom may be innocent), you have to be comfortable playing God or Superman. But people who view power cautiously or who are mindful of their lack of omnipotence will be fearful of wielding any kind of substantial power. This means that the most confident lawyers, the ones who are comfortable playing Superman, will gravitate towards the D.A. role.

In fact, good D.A.s must have supreme confidence to function, especially after seeing horrors like rape, homicides, and infanticides up close. The average person who sees an 18 year old mother microwave her baby probably won't want anything to do with that situation; a D.A., however, must not only get involved, s/he must convince a jury to throw the young mother in jail. If the D.A. thinks about the mother's personal background, her poverty, or some other random factor, it makes his job more difficult. In short, the ability to see gray areas complicates throwing a fellow human being in jail, because a person may realize that in some alternate universe, given the same set of circumstances, it could be him or her across the aisle in the courthouse. Of course, someone has to prosecute unfortunate souls along with the hardened criminals, so you want D.A.s to be tough, supremely confident, and comfortable playing God with people's lives. At the same time, it's important to recognize that kind of attitude works best in criminal law, not civil law.

Many meritorious civil cases involve gray areas without hard evidence (i.e., a smoking gun, fingerprints, DNA). For example, employment cases sometimes involve nothing more than he-said/she-said scenarios, such as where a female employee alleges sexual harassment. Thus, much of the time, a civil judge has to decide whether a case has merit based solely on sworn statements from different people. Although the law requires judges to send cases to a jury if a reasonable person could see genuinely disputed material facts, after seeing so much hard evidence in criminal cases and so many criminal cases involving severe harm, former D.A.s tend to be less sympathetic to cases that lack obvious physical harm.

You will notice that Judge McBride was named Judge of the Year by the San Francisco Trial Lawyers Association. Those associations are usually run by personal injury lawyers, who bring cases involving physical injuries. Thus, it is not unusual for former D.A.s to be well-liked by trial lawyer associations, because personal injury cases usually involve obvious physical harm and more black-and-white facts than other cases--such as securities litigation or labor law--which don't appeal to a D.A.'s experience of associating meritorious cases with blood on the ground.

Again, I don't know Judge McBride, so I cannot comment on him specifically. The only reason I write this post is to encourage voters to consider voting for a non-D.A., a public defender, a solo practitioner, or a lawyer with private practice experience when it comes time to choose a judge.

Bonus: an Illinois judge jails a man for making a yawning noise in his courtroom. See here.