Last updated: December 25, 2023
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Employers in any industry are charged with a duty of care to their employees and a legal framework to ensure minimum risk of endangering them.
Mark Reynolds Solicitors word hard to ensure that anyone pursuing litigation arising from industrial disease receives the highest possible standards of representation.
We cover industrial diseases in the following areas:
- Acoustic Shock claims
- Asbestos Disease Compensation Claims
- Carpal Tunnel Syndrome claims
- Tinnitus claims
- Vibration White Finger/Hand-Arm Vibration Syndrome claims
- Welding injury claims
- Mesothelioma Claim
- Pleural Thickening Claim
- Respiratory Disease
- Skin Disease
- Industrial Deafness / Tinnitus
Industrial disease often results from exposure to a substance or an unsafe working practice over an extended time period. An industrial disease claim therefore often involves the full and comprehensive investigation of an individual’s working history.
Many industrial disease claimants are unaware that their health problems relate to their occupation. For example, those who have worked with vibrating tools may experience pins and needles numbness, and reduced dexterity of the fingers and hands, without recognising the connection with their occupation.
If you feel that you may have reason for a claim, then please contact us and we will do our utmost to be of assistance. If your health issue arose from your place of employment it may be within your interest to look at the Employment Law page and speak to a member of our Employment Law team.


Book Title: Employment Law : The Essentials
Author: John Gennard
Format: Paperback | 416 pages
Publication Date: 31 Jan 2017
Employment Law is the core textbook for the CIPD Level 7 Advanced Employment Law module and is ideal for all HR professionals and business leaders who need a clear understanding of the area, as well as those studying the subject on postgraduate and undergraduate HRM or business degrees. It takes the reader step-by-step through everything that they need to know, including the formation of the Contract of Employment, discrimination, health and safety in the workplace, unfair dismissal and redundancy. Easy to read and navigate, and full of case studies and useful examples that encourage deeper thinking, this fully updated 14th edition provides a thorough theoretical grounding in employment law that can be applied in practice.
This new edition of Employment Law is completely up to date with the latest cases and legislation, including the Trade Union Act 2016 and the Enterprise Act 2016, offers new content on the enforcement of tribunal awards, zero hours contracts and migrant workers, and provides an up-to-date analysis of anti-discrimination law, the national living wage and the 'Transfer of Undertakings (Protection of Employment) Regulations 2006' (TUPE). Online resources such as lecture slides, extra case studies and annotated web links will support your learning and enable you to apply the theory in practice.


Man pleads no contest to three counts of DUI manslaughter
Monday September 17th, 2007
Jesus Bernal, who killed three people driving drunk while living illegally in the United States, will serve 38 to 55 years in prison.
Bernal pleaded no contest Monday to three counts of DUI manslaughter and two counts of DUI with serious bodily injury. He will be sentenced for the crimes Oct. 18.
Prosecutor Ryan Love said he was surprised by the plea, which came on the day a jury was to be selected to try Bernal.
“We were not making any (deal) offers to him,” Love said.
James Rook, 43, of Cincinnati, Ohio, and his wife, Margie, 41, died June 24, 2006, when Bernal's truck collided head-on with their car on U.S. Highway 331 in Walton County.
Arnulfo Morales, known as Jose Barrintos Bonta, a 28-year-old passenger in Bernal's pickup, also died as a result of the wreck.
Courtesy Walton County Department of Corrections
Bernal was further charged with severely injuring Magan Doherty, 14, a passenger in the Rook car, and Jorge Rivera, 41, another passenger in the pickup.
Neither the state attorney's office nor the Walton County Jail could find proof Bernal was a legal resident at the time of the deadly accident and surmised he was in the U.S. illegally.
The jail had his country of residence listed as Mexico, and no Social Security number for him was in its records.
Defense attorney Michael Weinstock said he advised his client to plead after Walton Circuit Judge Kelvin Wells agreed to cap the maximum sentence for Bernal at 55 years, as mandated by state sentencing guidelines.
The number of deaths that occurred as a result of the wreck gave Wells leeway to set aside guidelines and order a life sentence, but the judge agreed to the cap, Love said, after the family of the victims went along with it.
“This is probably in Mr. Bernal's best interest,” Weinstock said of the plea agreement. “But we were prepared to go to trial and actively defend him on this.”
The Rook family had begun arriving in DeFuniak Springs for the trial when they were notified of Bernal's decision to enter a plea. Some were expected to record statements later this week that will be played at sentencing.
Family members were traveling in a three-vehicle caravan from Cincinnati and had arrived in Walton County at about 5 p.m. on the day of the fatal wreck.
The Rooks were accompanied in the lead car by their 14-year-old daughter, Kylie, and Kylie's friend, Magan Doherty.
Bernal was driving his pickup truck north and had passed another car, the Florida Highway Patrol said. Bernal lost control, overcorrected and crossed the center line into the Rooks' path.
Kylie Rook received minor injuries. Doherty was listed in critical condition at Gulf Coast Medical Center in Panama City the day after the wreck.
The Rooks' son, Chris, was driving behind them in another car when the crash happened. He was unharmed.
Pete Wolniewicz, a volunteer with the Okaloosa-Walton chapter of Mothers Against Drunk Driving, had intended to “monitor” the Bernal trial this week.
“We in MADD are tracking this sort of thing,” he said. “We had planned to be in court just to keep abreast of what was going on in the courtroom.”
Wolniewicz said the Bernal case is one of “five or six” pending in the two-county area that MADD is paying attention to.
Daily News File Photo
Emergency workers transport the injured to hospitals in the photo from June 25, 2006. Three people were killed in the accident and Jose Bernal plead guilty to three county of DUI manslaughter on Monday.


If you are looking for a notary public in Stockton, California, you have come to the right web site. We have been notary publics for over 30 years but still have the lowest prices in town. You can find us six days a week, Monday through Saturday, at our religious goods store, Miracle on Main Street.
Miracle on Main Street
1718 E. Main Street
Stockton, CA 95205
Driving Directions to Miracle on Main Street
Monday through Friday - 9:00am to 6:00pm
Saturday 9:00am to 5:00pm
$12.00 for first signature
$5.00 for each additional signature
For example, one document with one signature is $12. One document with two signatures is $17. Two documents signed by one person is also $17. Three documents signed by two people is six signatures = $37. You're welcome to call for an exact price for your circumstances.
What to bring:
What type of identification is acceptable? State law is very specific.
What is a notary public?
A notary public is essentially a disinterested third party paid witness.
What will happen when you appear before the notary?
Where do I get blank forms?
Because of liability issues, notaries do not carry blank forms. You can pick up common blank forms such as quitclaim deeds, grant deed forms, and Powers of Attorney from most office supply stores such as Staples, Office Depot, or Office Max. These usually have complete instructions for completing the form. If you are in doubt about which legal forms to use or how to complete them, you should contact an attorney. A good on-line source for free forms is the Sacramento County Public Law Library. This source also has links to other form providers.
Can wills be notarized?
Wills are a very special type of document and can actually be invalidated (voided) if notarized. Generally, the rule of thumb is that you only notarize wills if an attorney has told you to do so or if you have purchased a preprinted form and the instructions tell you to do so.
Someone has promised to pay me some money. Can the promissory note be notarized to make it legal?
Yes and no. First, the fact that you have an agreement to pay, even orally, may be a completely legal binding agreement. However, there are many laws regarding contracts that an attorney should be used if the dollar amount is high. A notary can witness the signing of the document. The important signer will be the person who has promised to pay the money. In this case, the notary is stating the the signer signed in front of the notary. The advantage of this is that the signer cannot later claim that he did not sign.
Getting paid is something entirely different. If the borrower does not have the money, the lender, regardless of whether a document was notarized or not, will not get money that doesn't exist. The notarized document says that the borrower will pay, not that he can pay. The notarized document will only help in court because the borrower will not likely be able to claim that they didn't sign the document.
These notary forms are available for the notary to use on site:
Legal Disclosure: Nothing herein shall be construed as legal advice. If you need legal help, consult an attorney.


A trust deed loan can give you the financial freedom and flexibility to grow your investment portfolio. As the name implies, this type of loan is secured by a real estate property through a document /contract called a Deed of Trust. The arrangement requires a neutral third party known as the trustee to hold the borrower’s property in trust until they pay off the loan.
Alright, enough with the technicalities. This comprehensive guide compiled by real estate financing experts at RTI Bridge Loans reveals everything you need to know about trust deed loans, including:
- The basics of a trust deed
- How trust deed loans work
- The elements of a trust deed loans agreement
- Trust deed vs. mortgage (similarities and differences)
…and much more. Let us get started.
Table of Contents
- » What is a Trust Deed?
- » How Does a Trust Deed Loan Work?
- » What does a Trust Deed Loan Include?
- » Differences Between a Trust Deed vs. Mortgage
- » Get a Trust Deed Loan in California
What is a Trust Deed?
Also known as Deed of Trust, a trust deed is an agreement between a lender, borrower, and trustee designed to secure a real estate loan transaction. The lender (beneficiary) gives the borrower (trustor) funds to purchase a real estate property in exchange for a promissory note, and the trustee holds the legal title to the home until the borrower pays off the loan.
The trustee is a neutral third party with bare or legal title to the property. Their primary responsibility is to auction the property when the borrower defaults on payments. They pay the sale proceeds to the lender to the extent of the unpaid debt.
What if the trustee is unable to sell the property? Then, they should give the property to the beneficiary. Some states mandate the use of trust deeds in real estate financing, while others offer the choice between the mortgage and trust deed. No state accepts a combination of both options. However, there are a few states that use other similar-sounding documents to secure loan transactions. For instance, security deeds in the State of Georgia.
How Does a Trust Deed Loan Work?
In a trust deed loan agreement, a lender finances a home purchase. The borrower (trustor) gives the lender a promissory note to guarantee that they will repay the loan. The promissory note highlights the trust deed loan terms, including the interest rate. The trustee holds the title to the property while the lender pays off the loan.
Based on the conditions defined in the trust deed, the lender can compel accelerated payment of the loan, take the property back, or have the trustee sell it. The lender keeps the promissory note, while the borrower only keeps a copy. It is marked as fully paid when the property buyer pays the trust deed loan entirely. Following defaults, the trustee has the authority and duty to sell the property.
That in mind, let us delve into the three parties to a trust deed:
In a real estate transaction, the trustor is the party whose official legal title to a property is put into the trust (put another way, the borrower).
The title specifies the actual ownership of the property. And while the title is held in the trust, you (as the trustor) still have equitable title to the property, provided you stick to the terms and conditions of the trust deed. That gives you the right to live in the property and gain equity even while repaying the loan.
The beneficiary is the individual or company whose investment interest is being protected. In most real estate transactions, it is the lender. The deed of trust serves as the beneficiary’s guarantee that the trustor will pay the loan off.
The trustee holds the legal title to the property as the trustor makes the loan payments. They should be neutral and not do anything that unduly benefits the rest of the parties.
When you pay off the loan at or before the end of the term, the trustee dissolves the trust and transfers the property title to you. When the trust deed loan enters default status, it is the role of the trustee to sell the property pledged as the loan collateral.
The borrower retains some rights during the foreclosure process. After the trustee files a notice of default with the county, the trustor has a particular time length (typically two weeks to four months) to reclaim the property by completing all required payments, including fees.
Foreclosure sales under trust deeds follow different procedures from judicial foreclosures, which have stringent parameters and higher accountability levels. Most states do not require judicial supervision for trust deed foreclosure sales.
Upon sale completion, the trustee distributes the proceeds between the lender and the borrower. The beneficiary receives the money needed to clear the debt, while the borrower gets the remaining amount.
What does a Trust Deed Loan Include?
A trust deed loan agreement must contain particular pieces of information to qualify as a legally binding document. The details include :
It is the amount of money the trust beneficiary lends so the trustor can purchase a property. Typically, the principal amount is equal to the home’s market value minus the down payment. The figure lets the borrower know exactly how much they should pay to pay off the debt and dissolve the trust.
Legal Description of the Property
A property’s legal description is not the street address but the official description on file with the county.
The standard option is the metes and bounds description, which defines the property’s boundaries identified by natural landmarks such as roads and rivers. Alternatively, the legal description can specify the subdivision’s official name, the block number, and the specific lot in question.
It is the time frame in which the trustor must pay off the loan. If you are negotiating with an individual, the loan length could be anything you both agree upon.
With traditional lenders, the period for trust deed loans ranges anywhere between 8 and 30 years, depending on the loan type and borrower’s financial capacity.
To save on interest, you can clear the debt before the end of the term. However, such a course of action is subject to the loan agreement terms.
You may need to fulfill specific requirements to obtain a loan through a trust deed. For example, the lender may require you to occupy the property as your primary residence for a certain period. Some may demand that you pay mortgage insurance for a particular duration or even throughout the loan term.
Ask about late payment fees, particularly the amount and when the payments become due. For example, the loan payments may be due on the third of each month, but the trust deed loan agreement may stipulate that the late fees be assessed if you fail to submit payments by the 15th of the respective month.
Prepayment penalties may apply. This policy subjects the borrower to a fine if they pay off the trust deed loan before maturity.
Power of Sale Clause
The power of sale clause authorizes the trustee to conduct non-judicial foreclosure when the borrower fails to meet their obligations under the promissory note and trust deed. That eliminates court involvement and speeds up the sale process, as long as the parties adhere to the terms outlined in the deed of trust.
Acceleration and Alienation Clauses
These clauses have different triggers but a similar impact on the trustor.
An acceleration clause becomes applicable when the trustor is behind payments. Depending on the terms, this clause may take effect immediately if the borrower misses a single payment or even after several non-payments. The lender pursues foreclosure proceedings if the trustor fails to pay off the loan within a duration specified by the acceleration notice.
Also known as the due-on-sale clause, the alienation clause takes effect when the lender wants to prevent anyone who purchases the property from assuming the loan under its present terms. The clause entitles the lender to full payment of outstanding loan balance and applicable fees and interest when the trustor sells the property and transfers the title.
Another trigger for the alienation clause is when the lender tries to put the property in an LLC. LLC’s limitation of liability might limit the lender from holding you accountable for the loan. That is why they could leverage the alienation clause to demand full loan payment before the transfer.
Differences Between a Trust Deed vs. Mortgage
We can organize the trust deed vs. mortgage discussion in similarities and differences between the two real estate arrangements.
- Neither is a home loan: Neither a deed of trust nor a mortgage is a home loan. You use a home loan to buy or build a new home – a property you do not own. In comparison, a mortgage or trust deal loan is a contract that places a lien on a property you already own.
- The lender can foreclose your home: Should you fail to fulfill your obligations defined by a deed of trust or mortgage, the lender is entitled to foreclose your home to recover their debt. The foreclosure may vary between the two loans, but the ultimate goal remains the same.
- Both are subject to state laws: State laws will dictate your lender’s choice of contract. In some states, only a trust deed is legally accepted, while in others, lenders can only offer mortgages. Some states like Michigan and Alabama allow lenders to choose between mortgage and deed of trust.
- Type of foreclosure: The foreclosure process varies depending on the type of contract. If you have a mortgage, your lender will follow a judicial process to recover the loan through a foreclosure. If it is a trust deed loan, the law allows the beneficiary to pursue a foreclosure without involving the courts.
- Foreclosure length and expense: It takes longer and more money to foreclose on a mortgage because the lender has to go through the courts. With a trust deed loan, the lender invests less money and time on foreclosing a home.
- The number of parties: A mortgage involves only the lender and borrower. Trust deed adds a neutral member to make the total number of parties equal to 3. The trustee is usually an escrow company whose attorney kicks off the foreclosure process when you default on the trust deed loan.
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Trust Deed Loan FAQs
1. What is the Principal Amount?
It is the loan amount the trustor owes the beneficiary. Once the borrower starts making the payments, the loan balance becomes the Principal Amount.
2. Interest Adjustment Date vs. Maturity Date: What is the Difference?
The interest adjustment date is the date when the interest starts to accumulate on your loan. The maturity date is the date when the final payment of the loan balance becomes due.
3. What is an Annual Prepayment of the Principal?
It is an option that allows you to pay a percentage of the original principal amount each year before the maturity date. The arrangement can help you save a ton of money on interests and build equity faster.
4. Where Do I Get My Property’s Legal Description?
The County Recorder’s Office should provide the complete legal description of your property as long as you present your municipal address or tax parcel number.
5. Can I Sell a Property with a Trust Deed?
Yes, you can; however, you will require the lender’s approval. The proceeds from the sale will be used to pay off the lender, and you get to keep the remaining amount. The trustee ensures appropriate disbursement of the money.


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Peel Regional Police are seeking assistance from the public as they investigate thefts from cemeteries that occurred in the City of Mississauga.
Police are looking to identify suspect(s) involved in thefts of bronze vases from Mount Peace Cemetery, St. Mary’s Cemetery and Assumption Cemetery. A total of 269 vases were stolen valued at approximately $67,250.00, these thefts occurred between April 7, 2018 and September 24, 2018.
Investigators are appealing for witnesses, who may have observed incident or any persons who may have video surveillance. Anyone with information regarding these incidents is asked to contact 12 Division Criminal Investigation Bureau at (905) 453-2121, ext. 1233. Information may also be left anonymously by calling Peel Crime Stoppers at 1-800-222-TIPS (8477), or by visiting peelcrimestoppers.ca.


If you live in Bergen County and have been charged with a sex offense, you may want to explore your options for a competent and effective defense. It is important to look for a Bergen Sex Crimes Lawyer who specifically handles sex crimes law defense that protects the accused or defendant. Not all attorneys do this and few do it effectively. Bergen Sex Crimes Lawyer specializes in representing plaintiffs who have been charged with:
Our goal is to help you avoid a criminal record and the very serious penalties that may otherwise be enforced. Any accusation of a sex offense is serious, but possession and distribution of child pornography is a sex crime that is carries severe penalties under both state and federal laws. An aggressive and knowledgeable attorney is required to protect your rights and if innocent, preserve your freedom. If you or someone you know has been arrested or charged with a sex crime, you need the assistance of an attorney with experience. Contact Bergen Sex Crimes Lawyer to find out how we can help you preserve your rights. We are committed to helping you with a vigorous defense and our commitment to helping you obtain the best possible results for your specific circumstances.
The mission of Bergen Sex Crimes Lawyer and Yampaglia Law is to provide quality legal services with integrity and respect for our clients and the community. In doing this, we enjoy and strive for an effective practice while recognizing that our principal goal is to fully serve our clients. Our firm is well-versed in New Jersey sex crimes law and it is a major area of practice for us.
Mark Yampaglia is a New Jersey attorney who has been in business for over a decade. He was born of Emil and Jeanette Yampaglia in Newark, New Jersey on March 11th, 1969. Mark has one older brother. Both we were born and raised in North Arlington, New Jersey which is a small suburban town in South Bergen County, New Jersey. His mother was a housewife who raised both boys. His father was an attorney who later become judge at the end of his career. Mark attended North Arlington schools and went to college and attained his bachelor’s degree and master’s degree from Fairleigh Dickinson University (BA 1992,MA 1998). He went on to attend Jacob D. Fuchsberg Law Center and attained his juris doctorate in May 2002. Mark also opened his law practice in August of 2002. He became public defender on the municipal level in 2004.
As your Bergen Sex Crimes Lawyer, Mark Yampaglia has experience in both New York and New Jersey courts and is well equipped to handle the pursuit of a successful sex crimes charge defense.
The main office of Bergen Sex Crimes Lawyer main office is in North Arlington, NJ and our firm serves Bergen County and Northern New Jersey. Contact us for a meeting in our office or we will gladly meet you at your home or any other convenient location. We also gladly do consultations by phone.
All consultations are confidential. Contact Bergen Sex Crimes Lawyer today to discuss your situation and get started on defending your criminal case. Click the button below to get started!


Experience You Can Rely On
People come and visit Northeast Florida, fall in love with it, and race out to buy their piece of the Florida lifestyle. They look at the brochures and view the pictures, visit the site and immediately write a contract. But wait! You need to know some things before you buy a home in Florida. If you don’t know exactly what you are getting into, the consequences can become very costly. Having a knowledgeable and trusted licensed real estate professional who can advise you about asking the right questions could save you thousands of dollars in closing costs.
Important Information To Consider Before Buying Your Home
The most important advice we can share with our customers is simple, “buying your dream home in Florida can be exciting and enjoyable,” but get lots of information first. You’ll find it right here on our website—it is filled with information pertaining to purchasing a home in Northeast Florida.
Deed Restricted Communities
Purchasing a home in a deed restricted community may seem very confusing at first. Many homes and condos in Northeast Florida are in planned developments, both gated and un-gated. These types of communities are governed by homeowner's associations where the residents are required to comply with the recorded documents for how the property may be used. This is especially important when considering whether you may rent a second home, keep a beloved pet, or the number of guests you may have stay with you at one time, to name just a few. The term for this type of community is "deed restricted". The homeowner documents require that you comply with the rules and regulations of the community and pay some amount of fee for the upkeep and maintenance of the project.
In Florida if you buy a new construction condominium you have fifteen (15) days to review the documents and decide if you wish to proceed. If it's an existing condominium then you only have three (3) days. Both of these time periods begin from the date when you receive a copy of the documents to review. Do not waive this time period – even if you need an attorney to review them – these documents control how you may use your property in the future and what you will be required to maintain.
These are just "some" of the issues you should be aware of before you decide to buy a home in Florida. With Deltona Realty helping you along, you'll have someone on your side to guide you through the process.


On November 3, 2020, the IRS seized 69,370 bitcoin worth over $1 billion.
The United States Attorney’s Office (Northern District of California) has filed a civil complaint for forfeiture and I expect the United States to prevail in court.
Past seizures of bitcoin were auctioned off by the U.S. Marshals Service.
In 2014 and 2015, the United States seized and sold more than 144,000 bitcoin, then worth $122 million but now worth almost $3 billion.
The expeditious auctioning off of seized bitcoin was, in my view and with the benefit of hindsight, a mistake. The Federal Reserve can create an infinite quantity of US dollars, the proceeds received in the auction. Bitcoins can not be created out of thin air and there is a limited quantity of them.
I humbly ask our legislators to draft and pass a bill with amendments to the Judiciary Act of 1789 and any other relevant statutes. These amendments would, by operation of law, halt the auctioning off of any bitcoin (BTC) seized by the United States until future legislation is passed.
The U.S. Marshals Service is to hold any bitcoin it receives, giving Congress time to deliberate on the disposition of this unique asset. A large strategic reserve of bitcoin may be crucial for our national security.


Why focus on digital food marketing?
Legal and child development scholars have identified promising theories for why all marketing, including digital food marketing, targeting children under 8 years of age, is inherently deceptive.1 Prior to age 8, research demonstrates that children cannot understand the persuasive intent of advertising. Food marketing campaigns targeting youth integrate food packaging, websites, mobile applications (apps), and viral marketing techniques to get children and teens to request and consume unhealthy food and beverage products. Our research into the digital marketing tactics currently being deployed with children and teens found a number of clearly articulable and specific state consumer protection law issues that warrant regulatory oversight.
State governments are at a critical juncture with respect to ensuring the future health of their residents. Diet-related disease threatens the current and future well-being of children and teens. The Centers for Disease Control projects that by 2050, 1 in 3 U.S. adults could have diabetes.2 The number of diabetics living with limb loss is projected to triple by 2050, and African American and Hispanic diabetics are almost 3 times as likely as non-Hispanic white diabetics to lose a limb.3 Medical costs associated with diet-related disease are projected to rise between $22 and $48 billion per year by 2030 with a substantial portion paid for by Medicare and Medicaid.4 This chronic disease burden begins in childhood when eating preferences and food culture are ingrained. Food marketing plays a major role in the foods children and teens desire, perceive as tasting good, request their parents to buy for them and ultimately purchase for themselves. State oversight of digital food marketing is integral to protecting vulnerable child and teen consumers.
The state consumer protection approach
This report focuses on how state consumer protection law can be used to limit harmful digital food marketing to children and teens. State consumer protection laws grant state attorneys general (SAGs) broad authority to protect consumers from unfair and deceptive marketing. The Federal Trade Commission (FTC) and self-regulatory bodies like the Better Business Bureau's Children's Advertising Review Unit (CARU) have, to date, been the primary players in oversight of food marketing to children. The magnitude of the health threats posed by diet-related disease and their impact on state healthcare systems is on par with tobacco-related disease. As occurred with tobacco marketing, intervention by SAGs is the game-changer needed to accelerate progress on food marketing to children.
State law profiles
Ten states were selected based on the percentage of the child population residing in the state, prior SAG action to address food marketing, prior SAG action to address digital marketing in general, scope of consumer protection authority granted under state law, and geographic diversity. For each of the ten states we generated a digital marketing legal profile of laws and regulations beyond general prohibitions on unfair and deceptive acts and practices that might be used to curtail digital food marketing to children. See Appendix for AR, CA, CT, FL, IL, MA, NY, OR, TX and VA state profiles.
Digital food marketing tactics selected for legal analysis
Digital food marketing encompasses a broad range of tactics. Marketing tactics were selected for state consumer protection legal analysis based, in part, upon whether the tactic:
- Is material to the purchase of a food or beverage item by a child, teen or, in some cases, a parent
- Is unaddressed by self-regulatory guidelines (e.g., marketing targeting adolescents)
- Falls outside of the scope of the FTC's current rulemaking authority (e.g., unfair advertising to children)
- Has been the subject of prior self-regulatory enforcement, but remains relatively unchanged and widespread
- Exploits age-specific vulnerabilities of child and teen consumers.
This report also covers personal jurisdiction issues related to digital food marketing and federal preemption of state regulation of mobile food marketing.
Key digital food marketing characteristics
Digital food marketing works in conjunction with traditional marketing campaigns using television, print media, and food packaging. There are, however, some key differences between digital and traditional food marketing tactics:
Digital marketing is harder for youth to identify as marketing: Digital food marketing works in conjunction with traditional media such as television, print media, and food packaging by integrating websites, mobile applications (apps), viral marketing techniques and location-based tactics to get child consumers to request and consume unhealthy food and beverage products. Research into children's ability to identify digital marketing as a form of advertising indicates that digital marketing is harder for them to identify than traditional television commercials.
A 2013 study explored the ability of children versus adults to recognize advertisements embedded in mock webpages.5 Adults identified all of the advertisements, but 6-year-olds identified just one quarter, 8-year-olds about half, and 10-year-olds identified about three-quarters of the advertisements shown. The study authors noted that similar studies of children's ability to identify television commercials have found that children can identify commercials as distinct from programming by the age of six and understand persuasive intent around 8 years of age. Thus, digital advertisements are harder for children to identify as marketing than television commercials.
Digital marketing tactics such as food-company produced websites and apps with engaging, branded content for children likely are even harder to identify than advertisements embedded in webpages. Whether or not young consumers can even identify marketing that utilizes new media as advertising is a key starting point when analyzing whether or not digital food marketing is unfair or deceptive to its target audience of child consumers, because deceptive marketing in the form of entertainment or news has been deemed a deceptive trade practice with adults.6
Marketing is no longer a one-way communication: Traditional marketing tactics delivered a commercial message on television, radio or in print, and that was the extent of the communication. The new food and beverage marketing is interactive, delivered online and via handheld devices, and is driven by huge caches of data that consumers generate when they make online or mobile purchases. Marketers have unprecedented access to consumer data that can be used to target and tailor marketing messages to maximize sales.
Path-to-purchase: The "path-to-purchase" model of marketing integrates physical location, purchase and consumption history, and prior engagement with unhealthy food and beverage marketing to guide consumers as they make food purchasing decisions. This tactic may seriously undermine public health efforts to reduce the consumption of unhealthy foods and beverages. As the core demographic for junk food marketing and heavy mobile device users, teens are prime targets for path-to-purchase marketing.
The power of social marketing: Social media marketing is designed to get consumers to share commercial messages. It is most successful when young consumers share commercial content without realizing that they have become marketing proxies for large corporations.
Key consumer protection findings
State consumer protection laws have yet to fully catch up to advances in digital marketing, but there exist many opportunities for SAGs to play a more robust role to protect children and teens from harmful digital food marketing. The following are key areas where SAGs can play a productive role using their existing legal authority:
Unfair and deceptive food packaging: Food and beverage packaging is a prime jumping-off point for children into the digital marketing world. Food packaging often directs children to company websites for activities, videos, and contests. Product packaging is a major loophole in CFBAI's self-regulatory framework governing the nutritional quality of foods marketed to children under 13.7 The integration of digital marketing components into food packaging is designed to prolong children's exposure to unhealthy food marketing and exploits children's natural curiosity. These packaging features are totally unrelated to any actual food product characteristics. As such, they are not governed by the federal Nutrition Labeling and Education Act and are subject to state consumer protection law provisions.
Disguising advertising as entertainment so that the target audience is unable to identify it as commercial in nature has been found to be deceptive with adults.8 Child-directed codes, invitations to visit a website, directions for how to download a mobile app to play a game or to experience an augmented reality feature designed to interact with packaging are similarly deceptive because they are intended to lead children to engage with content that they likely cannot even identify as advertising.
Privacy: Privacy protections are important to protect children and teens from aggressive digital junk food marketing. States have successfully enforced the Children's Online Privacy Protection Act (COPPA) to protect children under 13 years old. Teens, however, are a key target demographic for digital food marketing and are not protected by COPPA. Other state privacy and general consumer protection laws can be invoked to protect them. SAGs can play a vital role to fill the gap around teen privacy, especially with regard to targeted and localized digital marketing.
Advergames: The FTC's 2009 report on food marketing expenditures to youth found extensive use of advergames by food marketers.9 Advergames are digital games and apps produced by food companies that integrate products or contain food and beverage company branding. Advergames have been repeatedly cited by CARU for blurring the line between commercial and non-commercial content, yet they remain commonplace and relatively unchanged.10
The detrimental impact of advergames on child health is supported by sound research linking them to increased overall calorie intake as the result of increased snacking after playing advergames featuring food.11 Food companies use direct inducements on retail food packaging and on food company websites in order to enhance the advergaming experience. Inducements to purchase that are linked to advergames make the tactic highly material to the purchase of unhealthy food products.
Such direct inducements to purchase products linked to advergames are difficult for children to filter or avoid because they simply do not recognize the inducement as marketing. Instead, children view such inducements only as an opportunity to play a game. Children cannot avoid the health harm caused by playing advergames — the powerful cueing effect on eating behavior — because it is deeply subconscious.
Advergames offend the established consumer protection law principle against deceptive marketing in the form of entertainment or news that a reasonable member of the target audience likely will not recognize as marketing. Advergames violate this principle because children likely perceive advergames simply as entertainment and not as a form of marketing. All of these factors render the use of advergames with young children an unfair trade practice.
Similarly, advergames are a deceptive trade practice, because children likely cannot recognize advergames as marketing. This means that children are likely to be misled into requesting or purchasing products in order to play games.
Digital sweepstakes and contests: Incentives-based, interactive marketing uses digital technology to deploy sweepstakes to younger and younger audiences. Complex digital sweepstakes schemes are being deployed by major food companies like Kraft Foods with children 6 to 12 years old. SAGs have primary responsibility for policing promotions and children, who cannot protect themselves, are in need of protection from predatory sweepstakes.
In the past five years, CARU has issued 12 complaints against its member companies for sweepstakes and instant win games that exploit children's inability to comprehend that a free means of entry exists or the actual odds of winning prizes.12 Food companies were responsible for half of these cases. CARU's work has uncovered a pattern of abuse in the use of sweepstakes with children under 12 years-old warranting more robust legal interventions by SAGs.
Sweepstakes trigger existing state consumer protection laws governing games of chance and illegal lottery laws. These promotions should be viewed from the perspective of the vulnerable children that they target. Sweepstakes are lawful when they remove the element of consideration. This is done by providing an "alternative means of entry" (AMOE). A free AMOE "allows participants to enter a sweepstakes without purchasing a product, paying money, devoting a substantial amount of time and effort, or otherwise giving anything to the sweepstakes sponsor in exchange for the opportunity to participate."13
Young children, however, lack the sophistication to understand the concept of "no purchase necessary" or that an AMOE exists. A 2004 report by the American Psychological Association on advertising to children found that young children do not comprehend the intended meaning of even the simplest commonly used disclaimers. The report noted that "fewer than one in four kindergarten through second grade children could grasp the meaning of 'some assembly required' in a commercial," and even the use of child-friendly language like "you have to put it together" only resulted in half of children being able to understand the disclaimer.14 Young children simply cannot be expected to understand disclaimers conveying that an AMOE exists. When the target audience is not adequately informed that an AMOE exists, sweepstakes are rendered illegal lotteries for failure to remove the element of consideration.
Sweepstakes are the province of state regulators, and industry self-regulation has uncovered widespread use of sweepstakes in ways that exploit children's inability to comprehend that a free means of entry exists and to understand the actual odds of winning prizes. The use of games of skill where young children play simple videogames is also highly suspect as such games may not be adequately skill-based. SAGs have primary responsibility for policing promotions and children, who cannot protect themselves, are in need of protection from these predatory marketing practices.
This report also explores how food companies use video games produced by the entertainment software developers as a marketing platform. It contains a guide to social media food marketing using Facebook and Facebook marketing tactics that raise consumer protection concerns for teen consumers.
Excerpted from State Law Approaches to Address Digital Food Marketing to Youth by Cara Wilking, JD; Mark Gottlieb, JD; Melinda Bonacore; Andrew Cheyne, C.Phil; Pam Mejia, MPH, MS; Lori Dorfman, DrPH; Jeffrey Chester, MSW. December 2013, Public Health Advocacy Institute, Inc., Berkeley Media Studies Group and Center for Digital Democracy.
Support for this research was provided by a grant from the Robert Wood Johnson Foundation's Healthy Eating Research Program (#69293).
1 Samantha Graff et al., Government Can Regulate Food Advertising To Children Because Cognitive Research Shows That It Is Inherently Misleading, 31 Health Affairs 392 (2012).
2 Press Release, Centers for Disease Control and Prevention, Number of Americans with Diabetes Projected to Double or Triple by 2050 (Oct. 22, 2010), http://www.cdc.gov/media/pressrel/2010/r101022.html.
3 Kathryn Ziegler-Graham et al., Estimating the Prevalence of Limb Loss in the United American Diabetes Association, Living with Diabetes: African Americans & Complications, http://www.diabetes.org/living-with-diabetes/complications/african-americans-and-complications.html (last visited June 27, 2012); Nat’l Limb Loss Info Ctr., Minorities, Diabetes and Limb Loss (May 2008), http://www.amputee-coalition.org/fact_sheets/multicultural/all_groups.pdf (citing Robert Preidt, Blacks, Hispanics Hospitalized More Often for Diabetes, Heart Disease, HealthDay: News for Healthier Living, Aug. 15, 2006).
4 Y. Claire Yang et al., Health and Economic Burden of the Projected Obesity Trends in the USA and UK, 378 The Lancet 815, 818 (2011); Jeffrey Levi et al., F as in Fat: How Obesity Threatens America's Future 2012, 1, 32 (2012), http://healthyamericans.org/assets/files/TFAH2012FasInFatFnlRv.pdf.
5 Mark Blades et al., Children's Recognition of Advertisements on Television and Web Pages, 62 Appetite 190 (2013).
6 For a summary of case law related to stealth marketing, see Center for Digital Democracy, et al., Complaint and Request for Investigation of PepsiCo's and Frito-Lay's Deceptive Practices In Marketing Doritos to Adolescents [hereinafter CDD Complaint], (Oct. 19, 2011), http://digitalads.org/sites/default/files/publications/digitalads_ftc_complaint_2011.pdf (last visited September 12, 2013).
7 Children's Food and Beverage Advertising Initiative, Council of Better Business Bureaus, Inc., Children's Food and Beverage Advertising Initiative and Core Principles Statement (Sept. 2010), http://www.bbb.org/us/storage/0/Shared%20Documents/Enhanced%20Core%20Principles%20Third%20Edition%20-%20Letterhead.pdf (last visited Nov. 18, 2013).
8 CDD Complaint, supra note 6.
10 See, e.g., Press Release, Children’s Advertising Review Unit (CARU), CARU Recommends Spangler Revise ‘Dum Dum’ Website to Clearly Disclose That Games, Activities are Advertising; Company Agrees to Do So (Dec. 17, 2010), http:// www.caru.org/news/2010/CARUDumDumPR.pdf (last visited Nov. 18, 2013).
11 Jennifer L. Harris et al., US Food Company Branded Advergames on the Internet: Children's Exposure and Effects on Snack Consumption, 6 J. Children Media 51, 52 (2012); Frans Folkvord et al., The Effect of Playing Advergames that Promote Energy-Dense Snacks or Fruit on Actual Food Intake Among Children, 97 Am. J. Clinical Nutrition 239 (2013).
12 CARu, Case Reports, http://case-report.bbb.org/search/search.aspx?doctype=1&casetype=2. (last visited Oct. 21, 2013).
13 Tywanda H. Lord & Laura C. Miller, Playing the Game by the Rules: A Practical Guide to Sweepstakes and Contest Promotions, 29 Franchise L. J. 3, __ (Summer 2009).
14 Dale Kunkel et al., Report of the APA Task Force on Advertising and Children. Section: Psychological Issues in the Increasing Commercialization of Childhood, 5, 10 (Feb 20, 2004), http://www.sfu.ca/cmns/faculty/kline_s/320/06-spring/resources/sup_readings/childrenads.pdf (last visited Nov. 18, 2013).


The exclusive subject matter of the contract with ALPACAS ADVENTURE is the hiring of a camper or motorhome. We are under no obligation to provide any travel services, and in particular no package of travel services.
- The Hirer and any other driver must be at least 25 years old and must have been in possession of a respective national and comparable international driving licence for at least two years. The delivery of the camper requires the presentation by the Hirer and/or driver(s) of the driver’s license and the valid identification card/ passport at the time of taking possession.
- The minimum rental period is seven days. During high season minimum rental period is fifteen days.
- Rental rate includes 250 km per day. If you would like to have more mileage available, you can add 100 km- or 250 km packages (as much as you want) against a fee. If you eventually exceed your mileage allowance anyway, you will be charged € 0,50 for every additional kilometer.
- For every rental a flat rate service- and cleaning charge of € 80,- will be invoiced.
- In case of a withdrawal from the binding booking caused by the Hirer, the following cancellation fees shall become due :
- Until 70 days before the start of rental, 15 % of the rental charge
- Between 69 to 30 days before the start of rental, 50 % of the rental charge
- Less than 29 to 4 days before the start of rental, 80 % of the rental charge
- 3 days befor of rental or in case of failure to receive, 95 % of the rental charge
- To confirm the booking a deposit of 30% of the rental charge, with a minimum of € 300,- must be paid.
- Complete rental charge calculated on the basis of the booking details must be received not later than 45 days before the commencement of the hire in an account of the Rental Firm to be notified to the Hirer, free of any charges.The security deposit to an amount of € 1.400,- must be paid to the Rental Firm by means of credit card at the latest when the vehicle is collected for guaranteeing compliance with the contractual obligations (MasterCard or Visa. No American Express Card !). A payment of the deposit with Prepaid Credit Cards or cash is not possible.
- Vehicles can be collected and returned from Monday to Friday after arrangement. During weekend, collection and return are only possible after prior arrangement and subject to the payment of an additional charge of € 120,- each day in case of. Camper can be handed off and returned in other cities inside Chile against a respective fee. We neither deliver nor accept return of a camper on 01. January and 25. December.
- The Hirer confirms to have received the vehicle in a flawless technical condition and equipped with the required documentation, the appropriate tools, tyres and accessories and obliges himself to keep it in a good condition. Furthermore, he obliges himself to always comply with the obligations and restrictions set forth in the applicable Road Traffic Regulations. It is absolutely prohibited to smoke inside our vehicles and camper. Pets may only be carried subject to the Rental Firm’s express approval. Cleaning expenses caused by non-compliance with these regulations must be borne by the Hirer.
- Daily insurance rate is € 25,-. In accordance with the principles of a comprehensive vehicle insurance [Kasko insurance], the Rental Firm will, in case of a damage, fully indemnify the Hirer against liability for material damage, subject to an excess to an amount of € 1.400,- to be borne by the Hirer.
- If you want to cross to Argentina, you will need special documents to take vehicle out of the country done by a notary against fee . It also requires an additional insurance for Argentina. Please advise us in time, so we can arrange this for you.


About the Author
Michelle Adams is an attorney, speaker and legacy consultant. She has over 25 years of leadership and personal development experience in the corporate, non-profit and government sectors.
Michelle's work as an estate planning attorney inspired her to coach parents and individuals to think about the intangible gifts they could share with their loved ones. Michelle is passionate about helping individuals define their personal legacy and working with families to intentionally create the legacy they wish to leave for the next generation.
Working with Michelle Adams
Michelle is licensed to practice law in the state of Colorado. She assists Colorado residents with crafting the proper legal documents that protect loved ones in the event of death or disability.
As a consultant, she works with clients throughout the United States who want to create a legacy plan for their families, businesses or organizations. Additionally, she facilitates family and board retreats that foster deeper connections, build trust and create inspired action.
Michelle also speaks extensively on the subject of estate planning, leadership legacy and personal and family legacy-building. She is known for her engaging presentations and relatability to her audiences.


Scott has obtained jury verdicts in favor of his clients on scores of occasions in state and federal courts since 1985. He has settled hundreds of other cases without the necessity or risk of trial. In 1986, Scott obtained the first reported multi-million dollar jury verdict ($3.3 million) in the United States on behalf of a single employment discrimination victim in Vance v. Southern Bell Tel. & Tel. Co.
, which went to trial here in Jacksonville, in federal court. More recently, during the past few years, Scott and his staff have made recoveries totaling several million dollars on behalf of his clients.
Scott has a reputation for being tenacious and creative while advocating for his clients. He is rated “AV” by his peers, which is the highest rating an attorney can receive concerning ethics and legal ability. He is admitted to practice in the United States Supreme Court, in several federal courts, and all courts in the State of Florida. For nearly twenty years, Scott taught trial skills to other lawyers from around the country, as a faculty member of the National Institute for Trial Advocacy. He is also certified as a mediator by the Florida Supreme Court. Scott is also a member of the National Employment Lawyers Association, The Florida Bar, and the Jacksonville Bar Association. He is currently co-chair of the Jacksonville Bar Association’s Labor and Employment Law Committee.
Scott usually represents no more than 10-15 individuals at a time to ensure that he can be personally involved in every case. Naturally, there is no guarantee that Scott or his firm can make any specific recovery in any particular case. Each case must be evaluated based on its own unique facts and circumstances.


Most people think about lawyers and accountants as having very different jobs. And, to be fair, that’s not an entirely wrong way of looking at it. Accountants help businesses and individuals manage their finances—tracking budgets, organizing and managing to spend, paying bills on time, and predicting future expenses. Lawyers deal with the legal side of things—consulting on real estate transactions, negotiating contracts, and representing clients in a courtroom. But just because they don’t seem like they have much in common doesn’t mean that these two professions don’t often cross paths.
What is contract lifecycle management software?
Contract lifecycle management software is exactly what it sounds like: a software-based system that helps law firms, accounting firms, and other businesses manage contracts through each stage of their lifecycle. It can be used to create new contracts in addition to managing existing ones.
Contract lifecycle management software provides benefits such as easier workflow automation, streamlined document production, faster review processes, and near real-time visibility into contract status across multiple departments or teams within an organization. In addition to these features, contract lifecycle management can also help improve data security by implementing cloud solutions for storing documents securely online rather than locally on individual devices like laptops or desktops at workstations in an office environment where employees may not always follow security protocols correctly.
Legal & corporate contracts
It is a known fact that contracts are an important part of the business. They are used to protect your company from legal issues and financial risks by outlining the conditions, responsibilities, and limitations related to the agreement.
Contracts can be used to protect your business from intellectual property theft as well as ensure that you’re getting your money’s worth when selling products or services. In addition, contracts are also essential for establishing that both parties agree on a set of rules and boundaries for working together; this reduces disputes down the line by providing a reference point for resolving any issues that may arise.
Small business manager’s dream
If you’re a small business owner, you need to understand how your finances work. You need to know where the money goes and how much is coming in. This will help you avoid problems with cash flow and create projections for your business’s future.
This software allows anyone who runs their own business, including accountants and attorneys, to quickly compile financial data into useful reports that determine where their money is going.
Accounting & financial management simplified
Managing your firm’s accounting and financial management can be a challenging task. With all the invoicing, payment processing, reporting, and financial management processes you have to deal with, it can become overwhelming. However, thanks to automation software that integrates seamlessly with your accounting system (think QuickBooks), you can simplify these tasks and make them easier for everyone at your firm.
Whether it’s one-off invoices or recurring ones like monthly retainer agreements or subscription-based services for clients, automated business invoice software allows attorneys and law firms to send out professional-looking invoices quickly through an email link where clients simply click on it in their inboxes to pay online using any major credit card or electronic check from their bank accounts. No more wasting time trying to send out paper invoices via snail mail when everything is done electronically.
Attorneys who are paid by the hour need an easy way of generating bills for clients so they can pay them easily online without having to calculate their billing rates manually every single time which takes up a lot of precious time during busy seasons like tax season where demand is at its highest peak but manpower isn’t always available due diligence requirements
Contract lifecycle management software can help you stay on top of your contract generation and portability while saving you time and frustration. It can also make it easier to work with those vendors and customers who insist on involving an attorney or external legal counsel during the contracting process. And if you’re an accountant, attorney or law firm yourself, then CLSM will certainly help streamline your processes.


BIS has extended the denial of re-export privileges to Iran for Mahan Airways. The company may not directly or indirectly partipate or benefit from any transaction subject to EAR (Export Administration Regulations) for 180 days. It is also a violation of the EAR for any person to participate in a transaction subject to the EAR involving a denied party.
BIS explains their reasoning in a recent news release on their website:
Evidence obtained by BIS shows that Mahan Airways continues to disregard U.S. export controls. BIS evidence also shows that Mahan Airways has violated the Export Administration Regulations (EAR) and the TDO involving re-exports to Iran of U.S. origin aircraft and that such violations have been significant, deliberate and covert, and there is a likelihood of future violations.
For additional information view the BIS news release.
The EAR plays an important role in trade compliance, and the penalties for violating these regulations can range from denial of export privileges like the above to corporate fines and even imprisonment.


Join us in supporting our 2024 Legislative Agenda. These bills were chosen with consideration of the ACL Spokane’s priorities and our coalition and partner work. This list is not exhaustive, but is where we feel our efforts can best support positive impacts in our community.
This would close a major loophole in our tax code by having our state’s 100 or so billionaires pay more of their share so that everyone in Washington can thrive. The state wealth tax would collect a 1% property tax from multi-millionaires and billionaires by taxing wealth held in stocks, bonds, and other financial intangible property above $250M that currently remains untaxed by Washington’s revenue system. Only the wealthiest in our state—fewer than 0.01% of Washingtonians—would ever pay.
This bill would ensure every worker in Washington state was eligible for unemployment insurance regardless of immigration status.
Improving housing stability for tenants subject to the residential landlord-tenant act and the manufactured/mobile home landlord-tenant act by limiting rent and fee increases, requiring notice of rent and fee increases, limiting fees and deposits, establishing a landlord resource center and associated services, authorizing tenant lease termination, creating parity between lease types, and providing for attorney general enforcement.
This bill helps law enforcement officers focus on traffic stops related to road safety issues such as impaired/distracted driving and reckless driving, and help drivers fix their vehicles to address low-level violations using City, County, tribal, and nonprofit grant pilot money (repair vouchers, tail light installation workshops, helmet vouchers, fee waivers for expired tabs, etc.).
Police should not be investigating police misconduct. When police officers engage in criminal misconduct—including and especially the deadly use of force—there should be an independent mechanism that investigates and holds law enforcement accountable.
An act relating to strengthening and clarifying the authority of the attorney general to address law enforcement and local corrections agency misconduct through investigations and legal actions.
Expands on last year’s Free School Meals bill (HB 1238) to extend access to ALL students. HB 1238 provides free meals at schools where over 40% of children are eligible for free or reduced-price meals. This year, HB 2058 was proposed to bring free school meals to every Washington student regardless of income.
Expand the age range so that all filers 18 and older can access the credit, ensuring that young adult workers and working seniors are fully included.
This legislation helps ensure mergers do not result in loss of care – gender affirming, reproductive, end of life. The Keep Our Care Act would ensure health entity mergers, acquisitions, and contracting affiliations increase rather than reduce access to vital health services.
Improve access to affordable health care coverage and services for all Washington residents, regardless of immigration status. This includes individuals who are uninsured and underinsured due to immigration status restrictions. The campaign is calling on the Washington State Legislature to ensure the proper implementation of the Medicaid-like program providing no-cost healthcare to undocumented Washingtonians.
The Legislation is made up of the priorities of partners and coalitions such as:


Updated January 12, 2022
Property investors need to increase their vigilance during tough times. While it can cause panic to lose a resident or deal with an empty property during a crisis, relaxing your guard and your screening protocols will only create more problems.
Rental scammers love to use a crisis to take advantage of property owners with a vacancy to fill. We often find that during a down economy, the volume of rental scams increases. Renters that prey on inexperienced (or desperate) property owners can create expensive problems that put you in a worse financial position than dealing with an empty property. When you can’t evict a bad renter during a crisis, you’re stuck with a problem—indefinitely.
Don’t resign yourself to a less-than-ideal renter or being overwhelmed by what might feel like a no-win situation: property management is here to help! Here’s what investors need to keep in mind when screening renters during tough times.
Please note: This article is not intended as a substitute for the great legal advice of a skilled attorney. It’s designed to help property owners get a little footing during these troubling times for our community. If you need direct legal counsel, reach out to your allies at Reeder Asset Management!
Professional Scammers Love a Crisis
Discouraged property owners are a prime target for “Serial Squatters.” For example, if your resident stopped paying rent or a lease ended without renewal, you have an empty property to fill—and a scammer is more than ready to move in! Be aware that:
- Choosing a new renter that seems “okay” on paper might be tempting.
- Serial Squatters are experts at looking like perfect residents during the application process. They have all of the answers on the application and during an interview.
- They might even have too-good-to-be-believed references—which should be a big red flag to you during the screening process.
These kinds of renters are hard to spot, but that’s where the experience of an expert property manager can help save investors from letting these bad renters move into a property.
Remember this general rule of thumb when screening renters: if they seem too good to be true, they probably are! Experienced property management professionals can help you avoid these renters, even when tough times tell you that “any” new resident is better than one more month with no renter at all.
How to Spot a Professional Scammer
A thorough screening process is the best tool to dig beneath a “perfect” application and the put-together appearance of these devious renters. When screening applicants, property owners can look for some tell-tale signs that you’re not dealing with an honest, legitimate applicant. Residential property management experts know that Serial Squatters often:
- Pay cash upfront for the application fee, security deposit, and first month’s rent. Unfortunately, this tactic makes it tempting to approve them to live in your property.
- Make a big show of how much they know about all things rental law. They’ll offer insights without prompting, and it’s often irrelevant to the interview conversation.
- Provide fake, scripted references. If more than one reference gives you a similar story about the applicant, they were probably coached!
- Have gaps in their rental history and multiple evictions. Running a background check reveals these details that you won’t find on the rental application!
Never approve an applicant until a background check supports the information they put on an application. If you’re not sure your screening process is thorough enough, let a property manager handle it for you.
Scams Don’t fool Property Managers
We’ve seen (almost) everything!A good property management company can tell you that professional scammers continue to get more creative in how they trick property owners. Therefore, a property manager with a professional screening process can help keep them out of your Salt Lake City property.
Our screening process requires these identifying resources:
- A copy of a driver’s license or state-issued ID
- Social Security number
- Date of Birth.
With that information, we conduct a background check that includes:
A Credit Report
A credit report is pulled to understand an applicant’s financial history better. This information can help landlords determine an applicant’s ability to pay rent on time. A credit report includes an applicant’s credit score, credit history, current debts and obligations, and other information that creditors use to determine an individual’s creditworthiness and whether they can afford the monthly rent.
Prior Rental History
A rental history report includes a tenant’s rental history for the past seven years. This report includes the addresses where the tenant has lived, the landlords’ contact information, and the dates of occupancy. It can also let you know if a potential renter has broken a lease in the past, made late rent payments, and if they have had an eviction.
Public Records Search
A public records search includes an individual’s criminal history, including arrests, convictions, and incarcerations. It can also include bankruptcy filings and civil judgments. This can help identify potentially dangerous renters who could damage the rental property or put neighbors in danger. Sometimes good people commit crimes when they are young and foolish. It doesn’t necessarily disqualify a person from renting your property if something shows up, but more questions should be asked.
A Social Security Fraud Search
A social security fraud search is the process of verifying an individual’s social security number to ensure that it is not being used fraudulently. This is important because it helps to protect against a potential renter who might try to take advantage using an alias. A thorough tenant screening will also search the National Criminal Alias search.
Sex Offender Registry Search
A sex offender registry search is a search of state or federal sex offender registries to determine if someone is listed on one or more registries. The information shown includes the individual’s name, date of birth, addresses, photos, and descriptions of their crimes.
Previous Landlord Verification
There are a few reasons why a landlord might want to speak with a former landlord before renting to a tenant. One reason is to get an idea of how well the tenant paid rent and if they caused any damage to the property. Another reason is to find out if the tenant caused any problems with their neighbors.
Employment and Income Verification
There are a few important reasons why it’s essential to verify a potential renter’s employment and income. First, it’s important to ensure that the renter can afford to pay rent. You don’t want to end up with someone who can’t pay rent and ends up defaulting on the lease. Second, it’s important to verify that the person is actually employed. Investors don’t want to rent to someone who may not have the financial stability to stay in the apartment for the entire lease term.
Pet Screening (For Pet-Friendly Properties)
If you allow pets in your rental properties, you should still perform a pet screening. This information will tell you the type of breed the resident has and whether they could be a danger to others or damage the property. It’s also important to ensure that the renter has a valid pet license and that their pet is up-to-date on all of its vaccines.
We leave no detail uncovered related to placing the best-qualified renter in your property. Letting professional property management experts screen your residents also helps protect your investment property from lawsuits. In addition, we follow all fair housing regulations to avoid discriminatory practices during the screening process.
A Property Management Company Helps Screen Renters During Tough Times
Scam artists love to take advantage of a crisis. However, property owners must stick to a proven screening process during tough times—or call in the professionals for help!
It’s important to perform a thorough tenant screening to prevent any potential problems that might come up during the lease term. By considering these factors, we’re able to help you find the perfect renter for your property and keep it safe from harm or damage.
Don’t let tough times override your renter screening practices! Instead, let us apply our tenant screening services when looking for your next prospective resident with an exhaustive background check, including criminal records, bankruptcy filings, civil judgments, sex offender registries, and more so you can rest easy knowing they are qualified.
Reeder Asset Management understands dealing with lost rental income during tough economic times. Instead of relaxing your renter criteria, it’s essential to stay strong and hold out for the right residents! Let our team help you keep professional renters out of your Salt Lake City properties—in good times and tough times. We’re here to help!
Learn more about how we handle rent collection in a recession with our free Collecting Rent In a Crisis Handbook!