Articles Posted in Privacy Rights

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There are many small businesses in the Sacramento area that offer consumer financing for larger purchases or installment contracts so that the consumer does not have to pay in one large lump sum. One major benefit of financing is that the small businesses can collect interest on the payments in exchange for the convenience of smaller payments on the part of the consumer. Similarly, small businesses benefit from installment contracts in that the business does not have to deliver a finished product or service before receiving partial payment. debt-collection.jpg

In some cases though, consumers break their promises to pay the remaining balances. When this happens, businesses and their agents are free to engage in actions to collect the debt. However, there is one major caveat: the debt collection practices must comply with a federal law called the Fair Debt Collection Practices Act (FDCPA). This is where an experienced Sacramento small business attorney can be a valuable asset to the small business, acting as a consultant on FDCPA compliance.

In general, the Act is designed to protect debtors from fraud and harassment in the collections process. For example, before the Act, it was commonplace for debt collectors to insinuate that the debtor was committing a crime and that the debtor could go to jail if the debt was not paid by a certain date. Debt collectors would call the debtor’s residence up to dozens of times a day, or find the debtor’s place of business and call there as well. In extreme cases, intimidation and threats of violence were used to induce prompt payment of debts. It is not surprising that these types of debt collection practices do not fly in the modern business world.

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It is no secret that California is a primary destination for aliens of both the documented and undocumented varieties. Each year, hundreds of thousands of immigrants, primarily Mexicans, flock to California’s major cities for work opportunities. Sacramento is no exception to this trend.

In 1986, Congress passed what is commonly known as the Immigration Reform and Control Act. Through this legislation, the federal government sets regulations as to the manner in which aliens may immigrate legally. The same legislation sets out penalties for non-compliance, including penalties for the illegal employment of undocumented workers. Given the rate of immigration and the federal guidelines in place, California business owners must be extra vigilant in making sure their employees are legally able to work. Consequently, California business lawyers must be just as vigilant in ensuring compliance by their client businesses.Trabajo.jpg

Penalties for non-compliance can be quite harsh, especially if a business exhibits a wanton disregard for maintaining a fully documented labor force. According to the Code of Federal Regulations, the civil penalties for employing undocumented workers can range from $275 to $16,000 per undocumented worker. Those business owners who engage in a pattern of illegal hiring behavior may also be subject to criminal fines up to $3,000 per violation and/or the possibility of six months imprisonment. Suffice to say that any Sacramento business law firm will advise a business owner that it does not pay to gamble against the federal government for the prospect of cheap labor.

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Thumbnail image for computer data.jpgOn August 31, 2011, Govern Jerry Brown strengthened California’s Computerized Data Security Breach laws by signing into law Senate Bill 24 (Simitian). SB 24 was enacted in response to recent data revealing that over 500 million sensitive records have been breached since 2005 and that individuals receiving notice of the breach do not understand the consequences of these security breaches. SB 24 sets forth detailed steps for notification and lists the exact information that must be provided to California residents affected by the security breach.

SB 24 applies to any person or entity conducting business in California that owns or licenses computerized data that includes personal information. If any personal information was, or is reasonably believed to be, taken by unauthorized means, California residents must be immediately advised of the security breach with a detailed notice. The new law also requires that the California Attorney General be notified of any security breach that affects more than 500 residents.

The notice to California residents must “be written in plain language” and contain, at least, the following information: