tag:blogger.com,1999:blog-69253179435639465572023-11-15T07:26:25.641-08:00Zonald Law - Tampa Attorney at LawZonald E. Spinks, Esq. is an attorney located in Tampa, Florida (FL), and serves clients throughout Florida and the central Gulf Coast in areas such as Tampa, Brandon, Riverview, Gibsonton, Thonotosassa, Lakeland, Apollo Beach, Ruskin, Bradenton, Clearwater, St. Petersburg, Lutz, Mulberry, Lithia, Temple Terrace, New Tampa, South Tampa, Carolwood, Plant City, Seffner, Bartow, New Port Richie, Spring Hill, Winterhaven, Hillsborough County, Pinellas County, Manatee County, & Polk County.Zonald E. Spinks, Esq.http://www.blogger.com/profile/09371391184308258260noreply@blogger.comBlogger14125tag:blogger.com,1999:blog-6925317943563946557.post-89785936731763933552011-09-30T08:31:00.000-07:002011-09-30T08:31:50.504-07:00Go to Jail for Internet Lies?<a href="http://online.wsj.com/article/SB10001424053111903285704576562294116160896.html">From WSJ </a><br />
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Is it illegal to lie on your Facebook profile or to use your company computer to goof off? And if so, could you go to jail for it?<br />
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Those activities may be illegal under broad interpretations of the Computer Fraud and Abuse Act, an anti-hacking law passed in 1986 and later expanded, asserts George Washington University law professor Orin Kerr in an op-ed for the Wall Street Journal. And those crimes could become felonies carrying a three-year jail term if Congress agrees with a proposal by the Obama administration, Kerr writes.<br />
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Currently, the law makes it a misdemeanor when a person “exceeds authorized access" to any computer, Kerr says. Courts are still defining that language, but the Justice Department contends it should apply even when “terms of use” are violated or workplace policies are disregarded.<br />
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As an example, Kerr cites a 2009 case in which the Justice Department prosecuted a woman under the law for setting up a profile with MySpace using a fake picture. Kerr may have been referring to the prosecution of Lori Drew, the Missouri mom accused of helping to drive a neighboring teen to suicide by posing as a teenage boy who wooed then rejected the girl. A federal judge overturned the conviction.<br />
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Kerr says the law doesn’t even require the unauthorized computer use to involve the Internet. “Since 2008, it applies to pretty much everything with a microchip,” he writes of the law. “So if you're visiting a friend and you use his coffeemaker without permission, watch out: You may have committed a federal crime.”<br />
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Kerr believes the law should be narrowed before its penalties are expanded. “There's no reason to make breaching a promise a federal case, and certainly not a felony crime,” he writes.<br />
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<span style="font-family: Georgia,Times New Roman,Times,serif; font-size: xx-small;">This blog is designed for general information only. The information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues. The hiring of a lawyer is an important decision that should not be based solely on advertisements. Before you decide, ask us to send you free written information about our qualifications</span><span style="font-size: xx-small;"> </span>Zonald E. Spinks, Esq.http://www.blogger.com/profile/09371391184308258260noreply@blogger.com0tag:blogger.com,1999:blog-6925317943563946557.post-79515434853529178612011-09-16T08:32:00.000-07:002011-09-16T08:33:43.205-07:00Flashing headlights = Free Speech?<a href="http://www.tampabay.com/news/courts/civil/article1190703.ece">From the St. Pete Times</a><br />
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Erich Campbell thought he was just being helpful the night he flashed his headlights on a busy Tampa highway to warn drivers of a police speed trap ahead.<br />
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The Florida Highway Patrol didn't appreciate the help. Officers pulled Campbell over and ticketed him.<br />
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Flashing your lights is illegal, they said.<br />
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Claiming no such law exists, Campbell, 38, of Land O'Lakes, got angry. Now he wants to get even: He filed a lawsuit on behalf of every other driver in Florida ticketed for the same violation over the past six years, accusing police of misinterpreting state law and violating motorists' free speech rights.<br />
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"This is a pattern, and it has mostly to do with frustrated police officers who feel they were disrespected," Campbell said. "When someone comes along and rats them out, they take offense to it."<br />
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Capt. Mark Welch, a spokesman for the FHP, cited a law that says "flashing lights are prohibited on vehicles" except for turn signals. Welch said he could not comment in detail because of the pending legal case.<br />
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Campbell and his attorney, J. Marc Jones of Oviedo, say police are misinterpreting a law that's meant to ban drivers from having strobe lights in their cars or official-looking blue police lights.<br />
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Soon after Campbell sued the state, the Highway Patrol on Aug. 29 ordered all troopers to stop issuing tickets to motorists who use headlights as a signal to other drivers.<br />
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"You are directed to suspend enforcement action for this type of driver behavior," said the memo from Grady Garrick, acting deputy director of patrol operations.<br />
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Campbell, a student at St. Petersburg College's Tarpon Springs campus, was driving his Toyota Tundra pickup on the Veterans Expressway in Tampa on a Monday night, Dec. 7, 2009, when he spotted two black state trooper cruisers parked in the median.<br />
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When he saw them, he said, he flashed his headlights a few times to alert motorists headed in the opposite direction.<br />
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"Within 60 seconds, they had me pulled over," Campbell said.<br />
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The ticket was for $115, but Hillsborough County Judge Raul Palomino dismissed it, and Campbell never paid a dime.<br />
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Campbell's lawsuit, filed in circuit court in Tallahassee, cites similar cases in Escambia, Osceola, Seminole and St. Lucie counties in which tickets for flashing were all dismissed by judges.<br />
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<b>"In each of these examples," the lawsuit claims, "Florida courts properly found that (the law) does not prohibit the flashing of headlights as a means of communication," which the suit calls "a right of free speech."</b><br />
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The lawsuit estimates that 2,400 motorists in Florida were cited for headlight-flashing between 2005 and 2010. It asks a circuit judge to certify the case as a class action on behalf of those other motorists, which means that if the state loses, it could be forced to return a lot of money.<br />
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The state has not formally answered the lawsuit yet.<br />
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All of the defendants in the case report to either Gov. Rick Scott or Scott and the three-member Cabinet: highway safety chief Julie Jones; Col. David Brierton, chief of the Highway Patrol; and Ananth Prasad, secretary of the Department of Transportation.<br />
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Jones noted that a different section of law allows drivers to flash their headlights at night when they're passing another vehicle. "Visible blinking of the headlamps," is how the law puts it.<br />
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Asked about that apparent contradiction, the FHP's Welch said: "This is something that's going to be dealt with in the litigation. It's not something I can comment on."<br />
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Jones said he has been besieged with calls from motorists after the case got a burst of attention on several TV stations, and it has attracted attention in out-of-the-way places, too.<br />
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In an editorial headlined "Keep flashing legal," the Panama City News Herald said: "Campbell and other flashers actually encourage motorists to obey the law. Shouldn't that be FHP's only concern?"<br />
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After Campbell got his ticket, he did some research online and discovered Alexis Cason, 22, of suburban Orlando, who received a similar ticket in 2005, hired the same lawyer (Jones) and won her case.<br />
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"For me, this has to do more with the principle than the cost," Campbell said.<br />
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Times researcher Natalie Watson contributed to this report. Steve Bousquet can be reached at bousquet@sptimes.com or (850) 224-7263.Zonald E. Spinks, Esq.http://www.blogger.com/profile/09371391184308258260noreply@blogger.com0tag:blogger.com,1999:blog-6925317943563946557.post-79414513358227331462011-07-26T06:13:00.000-07:002011-07-26T06:14:18.794-07:00Are Creditor's harassing you? What are your rights under Florida law?<span class="size12 Helvetica12" style="color: black; font-family: Helvetica,Arial,sans-serif;">Did you know that collection agencies in Florida must be registered with the State in most cases? If an unlicensed creditor calls you and tries to collect on a debt, you may be entitled to compensation. It's important to know what company is attempting to collect on your debt and to document everything. You only have two years to file an action against these agencies. So call me today if you would like to discuss your matter. I don't change any fees to call me and discuss your case. While I'm in Tampa, I can handle cases from all over the State in most cases. </span><br />
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<span class="size12 Helvetica12" style="color: black; font-family: Helvetica,Arial,sans-serif;"><b>Are you being harassed by creditors? </b>Call me today and lets discuss what can be done. Call Zonald at 813 413-5352 or email Zonald@zonaldlaw.com. </span><br />
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<span class="size12 Helvetica12" style="color: black; font-family: Helvetica,Arial,sans-serif;">Here are the rules in which the creditors must play by in the state of Florida. <b> </b></span><br />
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<span class="size12 Helvetica12" style="color: black; font-family: Helvetica,Arial,sans-serif;">More after the jump. <b></b></span><br />
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<span class="size12 Helvetica12" style="color: black; font-family: Helvetica,Arial,sans-serif;"><b>Florida State Statute Regulating Debt Collection / Debt Collectors - Florida Statute 559.55</b></span><br />
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<span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;"><b>Here are the generally prohibited practices. </b></span><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;">In collecting consumer debts, no person shall: </span><br />
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<div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;">(1) Simulate in any manner a law enforcement officer or a representative of any governmental agency; </span></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;"><br />
</span></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;">(2) Use or threaten force or violence; </span></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;"><br />
</span></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;">(3) Tell a debtor who disputes a consumer debt that she or he or any person employing her or him will disclose to another, orally or in writing, directly or indirectly, information affecting the debtor's reputation for credit worthiness without also informing the debtor that the existence of the dispute will also be disclosed as required by subsection (6); </span></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;"><br />
</span></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;">(4) Communicate or threaten to communicate with a debtor's employer prior to obtaining final judgment against the debtor, unless the debtor gives her or his permission in writing to contact her or his employer or acknowledges in writing the existence of the debt after the debt has been placed for collection, but this shall not prohibit a person from telling the debtor that her or his employer will be contacted if a final judgment is obtained; </span></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;"><br />
</span></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;">(5) Disclose to a person other than the debtor or her or his family information affecting the debtor's reputation, whether or not for credit worthiness, with knowledge or reason to know that the other person does not have a legitimate business need for the information or that the information is false; </span></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;"><br />
</span></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;">(6) Disclose information concerning the existence of a debt known to be reasonably disputed by the debtor without disclosing that fact. If a disclosure is made prior to such reasonable dispute having been asserted and written notice is received from the debtor that any part of the debt is disputed and if such dispute is reasonable, the person who made the original disclosure shall reveal upon the request of the debtor within 30 days the details of the dispute to each person to whom disclosure of the debt without notice of the dispute was made within the preceding 90 days; </span></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;"><br />
</span></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;">(7) Willfully communicate with the debtor or any member of her or his family with such frequency as can reasonably be expected to harass the debtor or her or his family, or willfully engage in other conduct which can reasonably be expected to abuse or harass the debtor or any member of her or his family; </span></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;"><br />
</span></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;">(8) Use profane, obscene, vulgar, or willfully abusive language in communicating with the debtor or any member of her or his family; </span></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;"><br />
</span></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;">(9) Claim, attempt, or threaten to enforce a debt when such person knows that the debt is not legitimate or assert the existence of some other legal right when such person knows that the right does not exist; </span></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;"><br />
</span></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;">(10) Use a communication which simulates in any manner legal or judicial process or which gives the appearance of being authorized, issued or approved by a government, governmental agency, or attorney at law, when it is not; </span></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;"><br />
</span></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;">(11) Communicate with a debtor under the guise of an attorney by using the stationery of an attorney or forms or instruments which only attorneys are authorized to prepare; </span></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;"><br />
</span></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;">(12) Orally communicate with a debtor in such a manner as to give the false impression or appearance that such person is or is associated with an attorney; </span></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;"><br />
</span></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;">(13) Advertise or threaten to advertise for sale any debt as a means to enforce payment except under court order or when acting as an assignee for the benefit of a creditor; </span></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;"><br />
</span></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;">(14) Publish or post, threaten to publish or post, or cause to be published or posted before the general public individual names or any list of names of debtors, commonly known as a deadbeat list, for the purpose of enforcing or attempting to enforce collection of consumer debts; </span></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;"><br />
</span></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;">(15) Refuse to provide adequate identification of herself or himself or her or his employer or other entity whom she or he represents when requested to do so by a debtor from whom she or he is collecting or attempting to collect a consumer debt; </span></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;"><br />
</span></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;">(16) Mail any communication to a debtor in an envelope or postcard with words typed, written, or printed on the outside of the envelope or postcard calculated to embarrass the debtor. An example of this would be an envelope addressed to "Deadbeat, Jane Doe" or "Deadbeat, John Doe"; </span></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;"><br />
</span></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;">(17) Communicate with the debtor between the hours of 9 p.m. and 8 a.m. in the debtor's time zone without the prior consent of the debtor; </span></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;"><br />
</span></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;">(18) Communicate with a debtor if the person knows that the debtor is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the debtor's attorney fails to respond within a reasonable period of time to a communication from the person, unless the debtor's attorney consents to a direct communication with the debtor, or unless the debtor initiates the communication; or </span></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;"><br />
</span></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;">(19) Cause charges to be made to any debtor for communications by concealment of the true purpose of the communication, including collect telephone calls and telegram fees. </span></div><div align="left"></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;">If a creditor violates any of the above, you do have civil actions against this creditor or collection agency. They can be liable for actual damages, statutory damages up to $1,000 and attorney's fees. That's right, in most cases, hiring an attorney for these matters will not cost you any money.</span></div><div align="left"></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;">You only have 2 years to act, so it's important to talk to a qualified attorney as soon as possible. </span></div><div align="left"></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;">Here is the section on what you can do: </span></div><div align="left"></div><div align="left"><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;"><b>559.77 Civil remedies.-- </b></span></div><div align="left"></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;">(1) A debtor may bring a civil action against a person violating the provisions of s. 559.72 in a court of competent jurisdiction of the county in which the alleged violator resides or has his or her principal place of business or in the county wherein the alleged violation occurred. </span></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;"><br />
</span></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;">(2) Upon adverse adjudication, the defendant shall be liable for actual damages and for additional statutory damages of up to $1,000, together with court costs and reasonable attorney's fees incurred by the plaintiff. In determining the defendant's liability for any additional statutory damages, the court shall consider the nature of the defendant's noncompliance with s. 559.72, the frequency and persistence of such noncompliance, and the extent to which such noncompliance was intentional. In any class action lawsuit brought under this section, the court may award additional statutory damages of up to $1,000 for each named plaintiff and an aggregate award of additional statutory damages not to exceed the lesser of $500,000 or 1 percent of the defendant's net worth for all remaining class members, but in no event may this aggregate award provide an individual class member with additional statutory damages in excess of $1,000. The court may, in its discretion, award punitive damages and may provide such equitable relief as it deems necessary or proper, including enjoining the defendant from further violations of this part. If the court finds that the suit fails to raise a justiciable issue of law or fact, the plaintiff shall be liable for court costs and reasonable attorney's fees incurred by the defendant. </span></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;"><br />
</span></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;">(3) A person shall not be held liable in any action brought under this section if the person shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid any such error. </span></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;"><br />
</span></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;">(4) An action brought under this section must be commenced within 2 years after the date on which the alleged violation occurred. </span></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;"><br />
</span></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;">(5) In applying and construing this section, due consideration and great weight shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to the federal Fair Debt Collection Practices Act. </span></div><div align="left"><span class="size10 Helvetica10" style="color: black; font-family: Helvetica,Arial,sans-serif;"><br />
</span></div><span style="font-family: Georgia,Times New Roman,Times,serif; font-size: xx-small;">This blog is designed for general information only. The information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues. The hiring of a lawyer is an important decision that should not be based solely on advertisements. Before you decide, ask us to send you free written information about our qualifications</span><span style="font-size: xx-small;"> </span></div><span class="size12 Helvetica12" style="color: black; font-family: Helvetica,Arial,sans-serif;"><b></b></span>Zonald E. Spinks, Esq.http://www.blogger.com/profile/09371391184308258260noreply@blogger.com0tag:blogger.com,1999:blog-6925317943563946557.post-41817907500266480232011-07-20T05:39:00.000-07:002011-07-20T05:39:10.507-07:00Credit Card Debt? If You Ignore The Creditor, Do Not Ignore The SummonsThis is actually a pretty decent article out of the Temple Terrace Patch. <a href="http://templeterrace.patch.com/articles/credit-card-debt-if-you-ignore-the-creditor-do-not-ignorethe-summons">Link</a><br />
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The Law Firm of Zonald E. Spinks, Esq. specializes in creditor harassment in Florida. If you get something like this, it's important to call an attorney as soon as possible. If you would like to call me, feel free. No charge just to talk to me on the phone to explore your legal options. Call an attorney, call me. Call Zonald Spinks at 813 413-5352.<br />
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<blockquote><div class="main_text"> Summons: I define it as a court document that brings you under the jurisdiction of a court of competent jurisdiction. </div></blockquote><blockquote><div class="main_text"> It starts a lawsuit. It gives a judge jurisdiction over you. If you ignore it for too long, the judge won’t call you like those pesky creditors; he or she will have you placed in custody. <br />
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In these tough economic times, a significant percentage of people have to choose whether to pay their mortgage over their credit card bills, or their car payment over an invoice. </div></blockquote><blockquote><div class="main_text"> If you do not pay a creditor for long enough, you start to receive those pesky calls early in the morning, late at night and sometimes at work. They threaten you with lawsuits and sometimes are just plain rude. <br />
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A few people I know learn to recognize the creditors’ phone numbers and ignore them. They throw away the mail. They may go months or even years with a bill not being paid and hope that the creditor will simply charge off the debt, ruin their credit, and just go away.<br />
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Then a sheriff or a process server comes to their house or work, and says, “You have been served, please sign here.” </div></blockquote><blockquote><div class="main_text"> They look at the paperwork. About a third of the way down on the first page, there in bold and all capital letters, “<strong>SUMMONS</strong>.” <br />
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The plaintiff is a bank or credit card company and they figure that this is just another attempt by the creditor to annoy them again. So they place the summons and the attached paperwork in a place where they can forget about it until finances get better. Then, they don’t receive anything else for months and figure they once again thwarted the creditor. <br />
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Then, one day, one of the following happens: (1) Their bank account is frozen; (2) the sheriff comes into their house with a document that authorizes him or her to take their television and valuables; (3) their pay check is drastically cut and being sent somewhere else; or (4) and worst of all, they are arrested and brought before a judge.<br />
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Here is what happened behind the scenes because they chose to ignore the word SUMMONS: They did not answer the lawsuit within the specified time or did not show up to court when they were required to. The court eventually entered a judgment against them without hearing their side, and now it is a matter of public record. Since they have a judgment against them, the creditor now has a whole bunch of new methods to harass them, rather hurt their financial position, other than phone calls and letters.<br />
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Why are some debtors arrested? It is not because of the debt itself. Rather, it is because they didn’t know that 45 days after the judge ruled against them without their knowledge, they had to disclose their entire financial situation to help the creditor (now the plaintiff) figure out how to take all of their belongings, money and bank accounts and garnish their hard-earned wages. <br />
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In most situations where a client who is a debtor comes in after a judgment is entered, there is very little I can do to help. If the client comes to me when he or she first received the summons, I can usually structure a settlement or even fight the case. <br />
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Don’t think this applies to too many people? On any given day, the small claims division of a courthouse will have perhaps 20 or more cases, and most of the time the debtor/defendant does not show up. I have been to court during these sessions in Tampa, St. Petersburg, Clearwater, Pasco, Manatee and Hernando and it seems to me that so many debtors just simply treat the summons the same way as a creditor phone call. <br />
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So, let us now redefine my definition of summons from “a court document that brings you under the jurisdiction of a court of competent jurisdiction” to “a document THAT YOU MUST PAY ATTENTION TO THAT DAY.” </div></blockquote><blockquote><div class="main_text"> If the creditor is willing to spend the money to file the lawsuit, bet your hard-earned dollar the creditor will use the judgment to collect eventually.<br />
</div><div class="legroom headroom spacer"> </div><div class="call_for_comments"> Have you ever gotten a summons for failing to pay a creditor? Did you answer it? Tell us in the comments. </div></blockquote> <span style="font-family: Georgia,Times New Roman,Times,serif; font-size: xx-small;">This blog is designed for general information only. The information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues. The hiring of a lawyer is an important decision that should not be based solely on advertisements. Before you decide, ask us to send you free written information about our qualifications</span><span style="font-size: xx-small;"> </span>Zonald E. Spinks, Esq.http://www.blogger.com/profile/09371391184308258260noreply@blogger.com0tag:blogger.com,1999:blog-6925317943563946557.post-12854512542667506032011-07-19T13:11:00.001-07:002011-07-19T13:11:44.807-07:00No more video at Hillsborough DUI Breath Test Unit<object id="flashObj" width="486" height="412" classid="clsid:D27CDB6E-AE6D-11cf-96B8-444553540000" codebase="http://download.macromedia.com/pub/shockwave/cabs/flash/swflash.cab#version=9,0,47,0"><param name="movie" value="http://c.brightcove.com/services/viewer/federated_f9?isVid=1" /><param name="bgcolor" value="#FFFFFF" /><param name="flashVars" value="videoId=59909646001&playerID=35214809001&playerKey=AQ~~,AAAACCtbLTE~,Euz3dgEqY7FO41McJges-UDcgJmMTpjJ&domain=embed&dynamicStreaming=true" /><param name="base" value="http://admin.brightcove.com" /><param name="seamlesstabbing" value="false" /><param name="allowFullScreen" value="true" /><param name="swLiveConnect" value="true" /><param name="allowScriptAccess" value="always" /><embed src="http://c.brightcove.com/services/viewer/federated_f9?isVid=1" bgcolor="#FFFFFF" flashVars="videoId=59909646001&playerID=35214809001&playerKey=AQ~~,AAAACCtbLTE~,Euz3dgEqY7FO41McJges-UDcgJmMTpjJ&domain=embed&dynamicStreaming=true" base="http://admin.brightcove.com" name="flashObj" width="486" height="412" seamlesstabbing="false" type="application/x-shockwave-flash" allowFullScreen="true" swLiveConnect="true" allowScriptAccess="always" pluginspage="http://www.macromedia.com/shockwave/download/index.cgi?P1_Prod_Version=ShockwaveFlash"></embed></object><p></p>Zonald E. Spinks, Esq.http://www.blogger.com/profile/09371391184308258260noreply@blogger.com0tag:blogger.com,1999:blog-6925317943563946557.post-26698750885461278432011-07-15T05:58:00.000-07:002011-07-15T05:58:34.833-07:00Customer Sues Chase, Says Bank Ruined Her Credit By Declaring Her DeadThis is almost an unbelievable story. We all know how important your credit score can be, affecting your mortgage, employment and even your automotive insurance. I feel it is very important for every consumer out there to pull their credit often, especially before applying for a new loan. <br />
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The only truly free credit report out there is on <a href="http://www.annualcreditreport.com/">www.annualcreditreport.com/</a> . This was started under law so that consumers can obtain their credit report, once per year, at no cost. Keep in mind you can not get your credit score here, but you will get a full transcript about what is being reported on your credit. For a credit score, you can go to a site like <a href="http://www.myfico.com/">www.myfico.com</a>. Typically a consumer will pay about $20 to see their score and read the report as well. <br />
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This story, out of Orlando, is about a woman who had a mortgage with Chase Bank. Chase, for some unknown reason, reported her to the credit agencies as deceased. This ruined her credit rating. No lender would loan money to a dead woman.<br />
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Has a bank or another institution erronuslly ruined your credit? Has a company reported incorrect information to the credit agencies? What are your rights? Call an attorney in Tampa, Florida call me. Call Zonald Spinks, Esq. at 813 413-5352 to discuss your legal options. It's free to talk to me anytime. <br />
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Story after the jump.<br />
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<a href="http://www.orlandosentinel.com/news/local/seminole/os-i-am-not-dead-suit-20110711,0,3252695.story">From the Orlando Sentential </a><br />
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<blockquote>SANFORD — Wrenella Pierre is not dead, she insists. Her bank, however, disagrees. In November, Chase Bank USA sent her family a letter of condolence. </blockquote><blockquote>"We are very sorry to hear of your loss," it said. </blockquote><blockquote>Pierre, of Oviedo, is not amused. She is now suing Chase Bank, saying it has stymied her attempts to refinance her mortgage and ruined her credit rating.</blockquote><blockquote> <div class="left" id="article-promo"> <div id="story-leftrail-ad"> </div><a href="http://www.orlandosentinel.com/videobeta/73866de3-182d-4dc7-a676-61b9bdd21086/News/Casey-Anthony-served-with-EquuSearch-lawsuit-while-in-jail?track=orl-mark-news-embed-equusearch-lawsuit" id="articlePromoLink" target=""><b></b></a><hr class="hr-promo" /> </div>Pierre and her husband, Curtis, built a home in Oviedo in 2007. They got two mortgages totaling $460,000 from <a class="taxInlineTagLink" href="http://www.orlandosentinel.com/topic/economy-business-finance/j.p.-morgan-chase-%26-co.-ORCRP010217.topic" id="ORCRP010217" title="J.P. Morgan Chase &amp; Co.">JPMorgan</a> Chase Bank, according to Seminole County records.<br />
Two years later, after the home had declined in value, Wrenella Pierre tried five or six times without success to have the mortgage modified, according to her suit.<br />
Last year, the bank, for some reason, notified credit-reporting agencies that she had died, the suit says. </blockquote><blockquote>On Nov. 2, Chase sent her family the letter of condolence, an unsigned form letter. Someone from the bank would be in touch, it said, about the outstanding balance. </blockquote><blockquote>She notified the bank that she was still alive, according to the suit, and a few weeks later tried again, going into one of its branches, asking it to correct the error. </blockquote><blockquote>A month later, credit-reporting agencies were still reporting she was dead, according to her suit.<br />
Nancy Norris, a spokeswoman for JPMorgan Chase, on Monday would not discuss details of the case, citing the suit. </blockquote><blockquote>"We're investigating how it happened," she said.</blockquote> <span style="font-family: Georgia,Times New Roman,Times,serif; font-size: xx-small;">This blog is designed for general information only. The information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues. The hiring of a lawyer is an important decision that should not be based solely on advertisements. Before you decide, ask us to send you free written information about our qualifications</span><span style="font-size: xx-small;"> </span>Zonald E. Spinks, Esq.http://www.blogger.com/profile/09371391184308258260noreply@blogger.com0tag:blogger.com,1999:blog-6925317943563946557.post-52896268204812332522011-07-06T06:05:00.000-07:002011-07-06T06:05:33.801-07:00Know Your Rights For Tampa DUI<div class="headline_area"><br />
</div><a href="http://washingtonduiandcriminalattorney.com/wp-content/uploads/2011/05/Justice.jpg"></a>If you are stopped by the police on suspicion of DUI, you need to know what your rights are under Florida state law:<br />
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<strong>Right to remain silent</strong> – under Florida law, you have the right NOT to answer any questions that could possibly incriminate you. If you really have had something to drink, tell the officer that you would like to speak with an attorney before questioning. You don't have to be rude, just ask politely. When asked how much you've had to drink, ask to speak with your attorney first. Don't say "a couple," it never works, you're probably going to jail anyway. You need to accept that and not give them any additional reasons to be found driving under the influence. <br />
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<strong>Right to refuse field sobriety test</strong> – under Florida law, you do not have to take a field sobriety test. However, you should know that this will lead to your arrest. One you’re arrested, you have a right to legal counsel. The refusal to take a field sobriety test can be used against you at trial by prosecutors – which is why it is important to speak with a Florida DUI attorney as soon as possible. Better to refuse than have video of you falling all over the place. <br />
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<strong>Right to refuse a chemical test</strong> – while you can refuse to provide a sample for chemical testing (blood, urine, breath), taking the test is usually not in your best interest if you have had too much to drink. However you must keep in mind that refusal could result in your losing your driver’s license for one year, even if you are not convicted of a DUI. However, Florida DUI law does give you the right to consult with a lawyer before submitting to any chemical (breath, blood or urine) test. Also keep in mind everything you say and do is on video when they are asking permission to do a breath test. Just say "yes" or "no" and stand up straight. That video will be used against you along with anything else you talk about during your jail visit. Exercising your right to remain silent is golden. Again, <b>don't be rude</b>, but you do have this right. <br />
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Understanding these basic rights – and calling a Florida licensed DUI attorney as soon as possible – can help you protect yourself from the legal consequences of a DUI offense.<br />
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If you’ve been arrested for a Florida DUI, you need a DUI defense attorney with the experience to ensure you get a fair hearing. When your freedom is on the line, contact a Florida licensed DUI attorney and criminal defense attorney Zonald E. Spinks at 813 413-5352.<br />
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<span style="font-family: Georgia,Times New Roman,Times,serif; font-size: xx-small;">This blog is designed for general information only. The information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues. The hiring of a lawyer is an important decision that should not be based solely on advertisements. Before you decide, ask us to send you free written information about our qualifications</span><span style="font-size: xx-small;"> </span>Zonald E. Spinks, Esq.http://www.blogger.com/profile/09371391184308258260noreply@blogger.com0tag:blogger.com,1999:blog-6925317943563946557.post-82845622228034002942011-07-02T08:57:00.000-07:002011-07-02T08:57:05.560-07:00Age Discrimination - Former Home Depot employee sues companyHave you been unfairly targeted at work due to your age, sex or race? What are your legal options? Want to talk to an attorney about your case? Call me, call Zonald at 813 413-5352. You do have rights. This case involves a 65-year-old woman alleging she was fired due to her age. Home Depot is saying she was fired in violation of the employee purchase policy. What's your thoughts? <br />
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Age discrimination involves treating someone (an applicant or employee) less favorably because of his age.<br />
The Age Discrimination in Employment Act (ADEA) only forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40, although some states do have laws that protect younger workers from age discrimination.<br />
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It is not illegal for an <a class="CP___PAGEID_4361" href="http://www.eeoc.gov/employers/coverage.cfm">employer or other covered entity</a> to favor an older worker over a younger one, even if both workers are age 40 or older.<br />
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Discrimination can occur when the victim and the person who inflicted the discrimination are both over 40.<br />
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Full article after the break. <br />
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<a name='more'></a><a href="http://www2.tbo.com/news/breaking-news/2011/jul/01/MENEWSO8-former-home-depot-employee-sues-company-ar-241085/">From the Tampa Tribune...</a><br />
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<blockquote><div class="article_font"> <span class="story_dateline">SEMINOLE --</span> A 65-year-old woman is suing Home Depot, maintaining she was fired because of her age.<br />
Vija Larson began working as a saleswoman at The Home Depot at 10550 Park Blvd. in 1994 and was promoted to assistant store manager in September 2005, according to her lawsuit, which was filed in Pinellas Circuit court Tuesday. </div></blockquote><blockquote><div class="article_font">In June 2010, she says in her lawsuit, she heard Manager Frank Essix, who was 40, tell a 70-year-old man the man was too old to be doing the type of work he was doing.<br />
Then, in September 2010, her lawsuit maintains, she was asked by a manager, "When are you planning on retiring?" Essix, she said, referred to older employees as "old f****," and she objected to what she believed was offensive language, the lawsuit states. </div></blockquote><blockquote><div class="article_font">In December 2010, she bought a grill from the store that was on clearance, and the store began investigating her purchase the following month, the lawsuit states. </div></blockquote><blockquote><div class="article_font">On Jan. 11, Essix fired her, and she was replaced by a man in his 30s, she says in the lawsuit. The company told her she was fired because she bought the grill without allowing it to be on the floor for 24 hours beforehand, the lawsuit maintains.<br />
Larson is suing the company for more than $15,000. She wants, among other things, back pay plus benefits, with interest. </div></blockquote><blockquote><div class="article_font">Home Depot disputed Larson's allegation of age discrimination and said she was fired for violating policy. </div></blockquote><blockquote><div class="article_font">"The Home Depot has a very strong track record for employing mature workers because we value their knowledge, work ethic and outstanding customer service skills; and we don't tolerate discrimination of any kind," the company said in a prepared statement. </div></blockquote><blockquote><div class="article_font">"Ms. Larson was terminated for violating a well-established company policy," the statement says. "These allegations lack merit, and The Home Depot looks forward to responding to these allegations in the appropriate forum."</div></blockquote><br />
<span style="font-family: Georgia,Times New Roman,Times,serif; font-size: xx-small;">This blog is designed for general information only. The information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues. The hiring of a lawyer is an important decision that should not be based solely on advertisements. Before you decide, ask us to send you free written information about our qualifications</span><span style="font-size: xx-small;"> </span>Zonald E. Spinks, Esq.http://www.blogger.com/profile/09371391184308258260noreply@blogger.com0tag:blogger.com,1999:blog-6925317943563946557.post-73470249227424367802011-07-01T05:51:00.000-07:002011-07-01T05:51:37.964-07:00Video - Best Buy Not Amused by Competitor’s Ad, Sends Cease-and-Desist LetterThis is interesting, considering the fact that I worked at Best Buy while in college for a number of years. I think overall, Best Buy does a pretty good job of training. Back in the late 90's, when I was employed there, we had monthly Sunday morning trainings and other random trainings on new products.<br />
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The biggest problem I had with Best Buy when I worked there, and it still proves true today, is the fact that they simply are too concerned with the bottom line and never have enough staff to help customers. Best Buy is now more of a "grab and go" store. They really just want you to buy what you need and get out.<br />
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Details after the jump. <br />
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Everyone knows you can save more money by shopping online. If you're like me, I have the "gotta have it now" bug and do not like to wait. I usually go to Best Buy after doing my research, but typically I do know more about the product then the employee. In all fairness though, I am researching one particualr product, while they have 100's to know about.<br />
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This dispute is between Best Buy and online retailer New Egg. I honestly do not know why Best Buy would even give New Egg the exposure by sending this letter. New Egg even posted it online letting the world know that "Hey, Best Buy is scared of us!" <br />
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Best Buy is in a world of brick and mortar business all by themselves. Look what happened to our closest competitor at that time, Circuit City. Comp USA also had it's downfall while Best Buy forged ahead cutting their own path. And what if this isn't Best Buy, but Sears? Don't they were Blue shirts? Sears will most likely be bankrupt soon too according <a href="http://smarterspend.com/2011/02/8-companies-facing-bankruptcy-in-2011/">this link</a> (along with Radio Shack). <br />
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Sending a cease-and-desist letter seems to be a popular option these days for individuals and companies posting videos or comments that offend others. What do you think the results of this case will be? Any comments on your experiences at Best Buy? Watch the video and read the article below. <br />
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Do you need to hire an attorney for a Cease-and-Desist Letter? Call me, call Zonald at 813 413-5352.<br />
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<a href="http://www.nytimes.com/2011/06/26/technology/26digi.html?_r=1&scp=4&sq=lawyer&st=nyt">From the NY Times</a><br />
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<blockquote>ONE incompetent young salesman in a short-sleeved blue shirt. That’s about all <a href="http://www.newegg.com/" title="Company Web site.">Newegg</a>, an online retailer, needed to create a hilarious <a href="http://bit.ly/iFuZ7q" title="The YouTube video of the commerical.">parody commercial</a>. <br />
<a class="meta-org" href="http://topics.nytimes.com/top/news/business/companies/best_buy_company/index.html?inline=nyt-org" title="More information about Best Buy Company Incorporated">Best Buy</a>, the consumer electronics giant, was not amused. </blockquote><blockquote>In the parody, the salesman knows nothing at all about the computers on display in his department. A customer’s voice asks, “What’s the difference between these two?” The salesman leans down to read the information cards for two laptops, straightens up and looks bewildered: “O.K. — I don’t really...” is all the guidance he can offer. </blockquote><blockquote>Then the scene changes to a shot of three laptops under spotlights on a stage. A voiceover says: “<a href="http://newegg.com/" target="_">Newegg.com</a> — come for the expert reviews; buy for the excellent prices.” Newegg, of course, sells only online and offers those reviews in place of salespeople. <br />
The commercial ends with the company’s pitch: “Take it from a geek.” </blockquote><blockquote>Last month, Best Buy’s lawyers sent a letter to Newegg, demanding that it stop showing that commercial and “any other advertising purporting to show Best Buy employees.” </blockquote><blockquote>Best Buy, whose own salespeople also wear blue shirts, complained that the employee in the commercial was “depicted as being slovenly and uninformed about computer products.” The letter also demanded that Newegg drop its “Geek On” marketing theme because, it said, the theme encroaches upon Best Buy’s “Geek Squad” trademark. </blockquote><blockquote>Newegg did not heed Best Buy’s demands. Instead, it placed Best Buy’s <a href="http://on.fb.me/lMWero" title="The Newegg Facebook page.">cease-and-desist letter</a> on public display, on its Facebook fan page, and it continues to show the commercial on television. </blockquote><blockquote>Helpfully, it also supplied a YouTube link to the parody. By last week, the commercial had been viewed on YouTube more than 556,000 times. </blockquote><blockquote>Parodies that take aim at competitors are nothing new, and courts have upheld them as a legally protected form of free expression as long as there is no chance that viewers will fail to notice that they are indeed parodies and not mistake them for real commercials. </blockquote><blockquote>In this case, could viewers possibly think that the appallingly ignorant person in the blue shirt bore a striking similarity to the sales rep they recently encountered in a Best Buy store? Could they somehow think that Best Buy had sponsored the commercial? </blockquote><blockquote>Leslie J. Lott, a lawyer at Lott & Fischer, in Coral Gables, Fla., and a former director of the International Trademark Association, said: “Best Buy is in a dilemma. If the awful customer service that is portrayed in the Newegg commercial is accurate, there’s no parody. So it would be in a good legal position but in a horrible position from a public relations perspective. If, on the other hand, Best Buy’s position is that their customer service is actually excellent, then that strengthens Newegg’s parody defense.” </blockquote><blockquote>A spokeswoman for Best Buy said in an e-mail that “when Newegg’s commercial presents a Blue Shirt in a disparaging way, it damages our goodwill.” So, Best Buy asserts, “Newegg’s commercial is not a parody” because it “ridicules.” </blockquote><blockquote>A short-sleeved blue shirt isn’t a registered Best Buy trademark. As for vexation over being the target of ridicule, that comes along with a parody, doesn’t it? </blockquote><blockquote>Newegg did back down a degree, however. Earlier this month it told Best Buy that it would <a href="http://on.fb.me/mqZ7vF" title="The disclaimer notice. ">add a disclaimer</a> saying: “This advertisement photoplay is a work of fiction.” The disclaimer, shown only online, says the ad was “solely intended to parody and draw attention to any business establishments (but none in particular) that provide poor customer service.” As of last week, one could find two versions of the commercial on YouTube: <a href="http://www.youtube.com/watch?v=MKgRmO3HJzc" title="Ad with disclaimer.">one with the disclaimer</a> and <a href="http://www.youtube.com/watch?v=nYk0dQrz3uc" title="Ad without disclaimer.">one without</a>. <br />
I asked Newegg why it did not assert its right to run a parody without a disclaimer. Bernard Luthi, Newegg’s vice president for marketing, Web management and customer service, said in an e-mail that the company did stand behind its parody and would continue to run the commercial because “we do not believe that we portrayed any specific competitor in an offensive way.” <br />
Instead of deploying sales reps, Newegg offers customer ratings, using a five-“egg” scale instead of five stars, along with detailed descriptions of pros and cons. Often, these are written by technically sophisticated customers. </blockquote><blockquote><a href="http://www.newegg.com/Product/Product.aspx?Item=N82E16834230028&SortField=0&SummaryType=0&PageSize=10&SelectedRating=-1&VideoOnlyMark=False&IsFeedbackTab=true#scrollFullInfo" title="A review on Newegg.com.">In one review</a>, for example, an Asus laptop is praised for its “cool design” — and this was meant literally: “cpu averages 35 and gpu averages around 42 degrees Celsius with general use.” </blockquote><blockquote><a href="http://www.newegg.com/Product/Product.aspx?Item=N82E16834152266&SortField=0&SummaryType=0&PageSize=10&SelectedRating=-1&VideoOnlyMark=False&IsFeedbackTab=true#scrollFullInfo" title="Anothe review on Newegg.com.">In another review</a>, a customer says of a $1,500 MSI laptop: “Pros: Seriously? Just read the specs on this beast.” The reviewer warned that the machine included bloatware, but that this was “nothing I couldn’t easily fix myself.” </blockquote><blockquote>But there are people, like my mother, who could not easily fix a bloatware problem. Newegg’s tagline — “Geek on. Everyone is passionate about something.” — does not describe her relationship to her computer. </blockquote><blockquote>And some shoppers don’t want to read and compare spec sheets. They are, in fact, very similar to the customer in the Newegg ad who asks for a simple comparison of two laptops on display. They may well be more comfortable shopping at a store like Best Buy. </blockquote><blockquote>Newegg proudly displays the exact number of product reviews that are available on its site — last week, the number was more than two million — but that is little help to the shopper who just wants a knowledgeable sales rep to say, “I suggest this one right here." </blockquote><blockquote><br />
The techie jargon that riddles customer reviews at the Newegg Web site seems a pretty ripe target. Perhaps Best Buy should unleash a team of mischievous advertising professionals on Newegg and let its humorless lawyers pursue some other project. </blockquote><blockquote>One satirical picture should be worth a thousands words of legalese. <br />
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<span style="font-family: Georgia,Times New Roman,Times,serif; font-size: xx-small;">This blog is designed for general information only. The information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues. The hiring of a lawyer is an important decision that should not be based solely on advertisements. Before you decide, ask us to send you free written information about our qualifications</span>Zonald E. Spinks, Esq.http://www.blogger.com/profile/09371391184308258260noreply@blogger.com0tag:blogger.com,1999:blog-6925317943563946557.post-19948647011973007702011-06-29T11:47:00.000-07:002011-07-01T05:52:24.992-07:00Worker who died from blood clot after sitting, entitled to worker's compensationWorkers' Compensation cases in Florida are difficult, and the Florida legislation has done it's best to limit the insurance companies liability, while insurance rates remain the same. Who wins? Typically the insurance company wins, but hey, they are in business to make money. We're you injured while working? Sometimes repetitive actions or conditions causing injury to a worker is still something a claimant can file under Florida workers' compensation statutes. <br />
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Have questions about your injury? Call me, 813 413-5352. Of course, I'm located in Tampa, Florida (FL), and serve clients throughout Florida and the Hillsborough County area. <br />
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If you have questions in your state, it's best you find a qualified attorney in your area to provide legal advice. <br />
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Details and article after the break.<br />
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<a href="http://www.nj.com/news/index.ssf/2011/06/husband_of_att_manager_who_die.html">From NJ.com</a><br />
<blockquote>The husband of an AT&T manager who died from a blood clot after sitting at her desk for more than 10 hours one night is entitled to workers’ compensation benefits, an appellate court ruled today. </blockquote><blockquote><br />
In 2007, Cathleen Renner, who worked for the communications giant for 25 years, died from a clot in her lung about an hour after she finished working a long, sedentary shift at her computer in her home office in Edison, the ruling states. </blockquote><blockquote>"There’s an awful lot of people that do nothing but sit in front of computers for work these days, and there’s a certain risk involved with that," said Patrick Caulfield, a lawyer for the family.<br />
The appellate court upheld a lower judge’s decision that Renner’s fatal condition, known as a pulmonary embolism, was caused by her work and that her husband, James, is entitled to benefits under the state’s workers’ compensation law. </blockquote><blockquote>The case, which workers’ compensation experts said was the first of its kind they could recall, should give serious pause to any office worker tied to a desk for hours on end as well as to an employer, Caulfield said. </blockquote><blockquote>AT&T contended that Renner’s work was no more a threat to her health than her day-to-day lifestyle, the ruling states. The company also said many factors besides her work contributed to her death. A lawyer for AT&T did not return a message seeking comment. </blockquote><blockquote>Dr. Leon Waller, who testified on behalf of the 47-year-old Renner, acknowledged the mother of three had other risk factors like obesity and the use of birth control pills, the ruling states. But Waller found that Renner’s clot developed while she was working. </blockquote><blockquote>Dr. William Kritzberg, who testified on behalf of AT&T, conceded it would have been less likely for Renner to develop her fatal condition had she not been working that night, the court said.<br />
Most pulmonary embolisms begin as a blood clot in the leg, according to the National Heart Lung and Blood Institute. The clot, which can form in a matter of hours, breaks free from the vein and travels through the bloodstream to the lungs, where it can block an artery.<br />
Clots in the leg usually form when someone does not move around for a long period of time, according to the institute.<br />
"Cathleen led a sedentary life in and out of work," the court wrote in its ruling. But the evidence showed her work inactivity was greater than her non-work inactivity, the court said. Her husband, James, testified that his wife, who weighed more than 300 pounds, never sat around and "was always up and out." </blockquote><blockquote>"It’s a unique case because it pushes the envelope and it traces the fine line between activities of daily life versus those confined or restricted by the workplace," said Gerald Rosenthal, co-chairman of the workers’ compensation committee for the American Bar Association.<br />
For example, Rosenthal said, it would be reasonable to ask why Renner did not get up and walk around while on the job, especially since she was working at home and was by herself. According to the ruling, she was under pressure to meet a project deadline and had told her husband she would be working through the night. </blockquote><blockquote>Gerald Rotella, chairman of the workers’ compensation committee for the New Jersey State Bar Association, said the facts in the case are so specific that its effect on future workers’ compensation rulings is unclear. </blockquote><blockquote>"I could see another judge with those same factual circumstances deciding otherwise," Rotella said.</blockquote><br />
<span style="font-family: Georgia,Times New Roman,Times,serif; font-size: xx-small;">This blog is designed for general information only. The information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues. The hiring of a lawyer is an important decision that should not be based solely on advertisements. Before you decide, ask us to send you free written information about our qualifications</span><span style="font-size: xx-small;"> </span>Zonald E. Spinks, Esq.http://www.blogger.com/profile/09371391184308258260noreply@blogger.com0tag:blogger.com,1999:blog-6925317943563946557.post-38383217068378084382011-06-29T05:58:00.000-07:002011-07-01T05:54:33.479-07:00Bad review online leads to lawsuit<div class="Headline"> Has your business been under attack online from an unhappy customer? Are their false claims disrupting your business? Here's an idea...<br />
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Details After the break<br />
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</div><div class="Headline"><b>Oak Park hotel sues over bedbug claim</b></div><div class="SubHeadline"><b>Carleton of Oak Park wants restitution from Massachusetts couple</b></div><br />
<a href="http://www.oakpark.com/News/Articles/06-20-2011/Oak_Park_hotel_sues_over_bedbug_claim#doc">From Oakpark.com</a><br />
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An Oak Park hotel is suing a couple from Massachusetts over what they say is a false claim that the inn has bedbugs.<br />
When Michael Gladstone and Liora Braun stayed at the Carleton Hotel of Oak Park, 1110 Pleasant, in April, they complained to the hotel manager about having bedbugs in their room. But the manager insisted there were no such problems at the Carleton, and a follow-up inspection from a local pest control company proved that, according to the lawsuit filed June 15 in the Circuit Court of Cook County.<br />
The couple allegedly encountered bedbug problems after returning to their home, blamed the Carleton and followed up by posting a negative review of the hotel on tripadvisor.com, where the couple claimed that the hotel did nothing to address the alleged problem following their April stay.<br />
The Carleton is adamant that it has no bedbug problem, and is seeking damages of more than $30,000 from Gladstone because of the hotel's "loss of business and loss of reputation." Two people clicked on the review as being "helpful," as of the time the lawsuit was filed, and the hotel wonders how many others the "malicious" post has discouraged from staying there.<br />
"At least two, but possibly thousands, of potential customers have been dissuaded by the review posted by the defendant," the complaint states. "Nearly every day [the] Carleton hears comments from people who have read the review."<br />
Mike Fox, the owner of the hotel, declined to comment last week, and a call to his attorney was not returned Monday. Gladstone and Braun did not return a call to their Massachusetts residence on Monday.<br />
Oak Park-based Brennan's Pest Control inspected the hotel on May 6 and found no signs of bedbugs, according to a report attached to the lawsuit. Chris Brennan, owner and operator of the company, confirmed that he inspected the hotel. They also did work at the hotel to prevent bedbugs prior to the alleged incident in April.<br />
"Their insistence that they got them from the Carleton has no basis," Brennan said.</blockquote> Has your business been unfairly represented by angry customers? Want to tell your side of the story? What are your legal options? Call me, call Zonald at 813 413-5352<br />
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<span style="font-family: Georgia,Times New Roman,Times,serif; font-size: xx-small;">This blog is designed for general information only. The information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues. The hiring of a lawyer is an important decision that should not be based solely on advertisements. Before you decide, ask us to send you free written information about our qualifications</span><span style="font-size: xx-small;"> </span>Zonald E. Spinks, Esq.http://www.blogger.com/profile/09371391184308258260noreply@blogger.com0tag:blogger.com,1999:blog-6925317943563946557.post-60520216992637417742011-06-29T05:40:00.000-07:002011-07-01T05:55:04.694-07:00Lawyer Responds to Kids’ Video Dissing His Daughter with Cease-and-Desist Letters, Lawsuit This is an interesting approach on Facebook bullying. Will it be the new commonplace?<br />
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Details after the break<br />
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<a href="http://www.abajournal.com/news/article/lawyer_responds_to_kids_video_dissing_his_daughter_with_cease_and_desist_le?utm_source=maestro&utm_medium=email&utm_campaign=tech_monthly">From the ABA Journal </a><br />
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<blockquote><div class="segment article">A Houston lawyer has taken a legal approach to a video posted on Facebook by three middle school students he accuses of defaming his daughter.<br />
First, lawyer Jason Medley notified school officials about the video and sent cease and desist letters to the three girls and their parents, the <a href="http://www.chron.com/disp/story.mpl/metropolitan/7614667.html" title="Houston Chronicle">Houston Chronicle</a> reports. The letter threatened suit if the youths didn’t stop all communication with his daughter and if their families didn’t donate at least $5,000 each to the Center for Safe and Responsible Internet Use.<br />
Then, when he got no response, Medley filed a defamation suit that alleges the girls accused his daughter of sexual misconduct and threatened to physically harm her, the story says.<br />
The Houston Chronicle reached the mother of one of the young defendants, who said the girls “were sorry and didn't mean any of it."<br />
The newspaper also contacted Nancy Willard, founder of the Center for Safe and Responsible Internet Use, who was unaware of Medley’s request for donations. She called the suit “a very novel approach” and said, "Think of the lesson he is teaching his own daughter: You do not have to put up with someone hurting you. You can calmly and strongly say 'stop,' and I have your back."</div></blockquote> You really don't have to put up with online bullying. Interested in speaking with an attorney for your legal rights? Call me at 813 413-5352<br />
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<span style="font-family: Georgia,Times New Roman,Times,serif; font-size: xx-small;">This blog is designed for general information only. The information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues. The hiring of a lawyer is an important decision that should not be based solely on advertisements. Before you decide, ask us to send you free written information about our qualifications</span><span style="font-size: xx-small;"> </span>Zonald E. Spinks, Esq.http://www.blogger.com/profile/09371391184308258260noreply@blogger.com0tag:blogger.com,1999:blog-6925317943563946557.post-16040938009444943572011-06-24T12:55:00.000-07:002011-07-01T05:55:39.411-07:00Telemarketer Phone Calls: Can I sue?Over the years, consumers have been bombarded by telemarketer's phone calls. This has left most of us that have a home phone, to simply not answer it anymore.<br />
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So what can be done?<br />
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Details after the jump<br />
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The first thing you must do is register your phone number in the National Do Not Call Registry.<br />
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<a href="https://www.donotcall.gov/">https://www.donotcall.gov/</a><br />
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This website tells us:<br />
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<blockquote><b>"The National Do Not Call Registry gives you a choice about whether to receive telemarketing calls at home. <a accesskey="c" href="http://www.ftc.gov/bcp/edu/pubs/consumer/alerts/alt107.shtm" target="_blank" title="Exceptions to the National Do Not Call Registry">Most telemarketers</a> should not call your number once it has been on the registry for 31 days. If they do, you can file a complaint at this Website. You can register your home or mobile phone for free."</b></blockquote>Notice the "most telemarketers" there? That means that companies with which you have an existing business relationship, or those to whom you’ve provided express agreement in writing to receive their calls, can still contact you.<br />
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So what can be done if I am still getting calls from companies I do not have an existing business relationship with, or have not provided an express agreement in writing to receive their calls??? <br />
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After you register your phone number, document everything. Keep your phone records showing when you were called. You can file a complaint with the FTC here: <a href="https://complaints.donotcall.gov/complaint/complaintcheck.aspx?panel=2">https://complaints.donotcall.gov/complaint/complaintcheck.aspx?panel=2</a><br />
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Also, if you live in Florida, you can file a complaint with the Division of Consumer Service here*: <a href="https://csapp.800helpfla.com/CSPublicApp/Complaints/DNCComplaint.aspx">https://csapp.800helpfla.com/CSPublicApp/Complaints/DNCComplaint.aspx </a><br />
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<span style="font-size: x-small;">*Please note that Florida has a separate Do Not Call registration for a fee of $10</span><br />
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If you have a persistent caller, you may want to consider hiring an attorney to seek damages for the unsolicited calls.The United States Code provides for private right of action against these companies. <br />
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<blockquote>47 U.S.C. § 227 <br />
<span class="enumbell">(3)</span> <b class="labelleader"> Private right of action </b> <br />
<div class="ptext-12">A person or entity may, if otherwise permitted by the laws or rules of court of a State, bring in an appropriate court of that State— </div><div class="psection-3"><a href="http://www.blogger.com/post-edit.g?blogID=6925317943563946557&postID=1604093800944494357&from=pencil" name="b_3_A"></a> <span class="enumbell">(A)</span> <span class="ptext-3">an action based on a violation of this subsection or the regulations prescribed under this subsection to enjoin such violation, </span> </div><div class="psection-3"><a href="http://www.blogger.com/post-edit.g?blogID=6925317943563946557&postID=1604093800944494357&from=pencil" name="b_3_B"></a> <span class="enumbell">(B)</span> <span class="ptext-3">an action to recover for actual monetary loss from such a violation, or to receive $500 in damages for each such violation, whichever is greater, or </span> </div><a href="http://www.blogger.com/post-edit.g?blogID=6925317943563946557&postID=1604093800944494357&from=pencil" name="b_3_C"></a><span class="enumbell">(C)</span> <span class="ptext-3">both such actions. </span></blockquote>If you are interested in pursing a claim against a company that is making unsolicited phone calls against you, contact me for information. Keep in mind I can only help you if you are receiving unsolicited calls in Florida, otherwise, I suggest you find an attorney in your state. <br />
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You can contact me at 813 413-5352. Telemarketers be warned!<br />
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<span style="font-family: Georgia,Times New Roman,Times,serif; font-size: xx-small;">This blog is designed for general information only. The information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues. The hiring of a lawyer is an important decision that should not be based solely on advertisements. Before you decide, ask us to send you free written information about our qualifications</span>Zonald E. Spinks, Esq.http://www.blogger.com/profile/09371391184308258260noreply@blogger.com0tag:blogger.com,1999:blog-6925317943563946557.post-81680059639125685712011-06-24T11:41:00.000-07:002011-07-01T05:56:08.481-07:00Sealing or Expunging records in FloridaI have had many people ask me what is the difference between sealing past criminal records, or expunging those records. <br />
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The basic difference is how the Clerk of the Court handles those files. With Expungement, the criminal records are destroyed. Therefore, they no longer exist in any form. When records are sealed, the records still exist in a physical form, but no one can look at the records without authorization from the court.<br />
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So what would make the difference to someone trying to Seal/Expunge? Not much at all! Both technically have the same result for the client.<br />
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Do I really need an attorney to do this for me?<br />
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No. You do not need an attorney, but it's not that easy. The process requires filling out the application and getting the application authorized by the state prosecutor. Obtaining a certified copy of the disposition of your case. Getting fingerprints completed. The application goes to the FDLE for approval. If approved by the FDLE, you must file a Petition with the Court to Seal or Expunge. Confused yet?<br />
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Most attorneys are pretty reasonable about their rates for such a service. I charge a flat fee of $450 which includes the fees to the FDLE ($75). I think that is a very reasonable price but attorneys in your area may be more. I like to perform this service as a courtesy to my clients at a discounted rate. As with most attorneys, court appearances, if required, cost additional. <br />
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For more information on sealing or expunging your criminal record, feel free to give me a call. I will handle your case in the Tampa, Hillsborough County area, 813 413-5352 or Zonald@zonaldlaw.com.<br />
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<span style="font-family: Georgia,Times New Roman,Times,serif; font-size: xx-small;">This blog is designed for general information only. The information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues. The hiring of a lawyer is an important decision that should not be based solely on advertisements. Before you decide, ask us to send you free written information about our qualifications</span><span style="font-size: xx-small;"> </span>Zonald E. Spinks, Esq.http://www.blogger.com/profile/09371391184308258260noreply@blogger.com0