Current Events in April 2010

The housing market has yet to fully recover from its devastating recession, and fraudulent mortgage officers aren't doing anything to inspire confidence. In fact, the problem of mortgage fraud continues to get worse, according to a report by the Mortgage Asset Research Institute, a division of LexisNexis.

Reported incidents of mortgage fraud and misrepresentation by professionals in the mortgage industry increased by seven percent from 2008 to 2009, according to the report. While the pace has slowed since the 2007-2008 increase of 26 percent, the continued increase is believed to be attributed to better industry reporting and policing.

The 12th Periodic Mortgage Fraud Case Report examines the current state of residential mortgage fraud and misrepresentation in the US committed by professionals, based on data submitted by LexisNexis' Mortgage Asset Research Institute subscribers.

Florida, ranked number one in 2006 and 2007, has moved back into first place in the country for mortgage fraud and misrepresentation after being displaced in 2008 by Rhode Island. Florida also has close to three times the expected amount of reported mortgage fraud and misrepresentation for its origination volume. Rhode Island is not ranked on the Top-Ten list for 2009 because the state's sample size did not meet the minimum requirements set for the survey.

New York moved into second place, followed by California, Arizona, Michigan, Maryland, New Jersey, Georgia, Illinois, and Virginia. This is the first appearance on the report top-ten list for New Jersey and Virginia.

Not going away

"The data suggests that in 2009 there was a seven percent increase in the number of incidents of fraud reported to the LexisNexis Mortgage Asset Research Institute on top of the 26 percent increase reported in 2008. While this is a noticeable increase, we believe that mortgage fraud is significantly understated, even during times of massive origination volumes," said Jennifer Butts, LexisNexis Mortgage Asset Research Institute manager of Data Processing and co-author of the report.

"Lenders are facing hurdles with compliance, loss mitigation and staving off additional financial losses due to poor loan performance," said Denise James, LexisNexis Risk Solutions director of Real Estate Solutions and co-author of the report.

"This is not to say that mortgage fraud is going away; it is still a serious problem, and new trends continue to emerge. It remains critical for those in the mortgage industry to reassess their processes, work together by sharing information and reporting incidents of fraudulent activity, and ready themselves for more complex schemes in order to continue the fight against mortgage fraud," said James.

The top fraud incident type in 2009 - representing 59 percent of all reported fraud types - was application misrepresentation. This is the sixth year in a row it has topped the list.

In second place were frauds related to appraisal and valuation misrepresentation, which increased from 22 percent of reported misrepresentation in 2008 to 33 percent; with an 11-percent increase, this is the most notable increase in reported fraud types in 2009.

Additional documented fraud types included, in order of volume, verifications of deposit, verifications of employment, escrow or closing costs, and credit reports. Overall there has been a slight downward trend in total application fraud and misrepresentation moving from a high of 67 percent in 2005 to 59 percent in 2009.

"The information contained in LexisNexis Mortgage Asset Research Institute's 2009 Report serves as yet another wakeup call for the industry on the status and continued presence of mortgage fraud," said Darius Bozorgi, president and CEO of Veros. "We at Veros have been following these developments for years and based on our own analysis and experience we agree with the findings contained in the report. Fraud increases risk exponentially, and the industry must meet this threat head-on using all available intelligence and tools. Fortunately, the tools are increasing in availability and sophistication to address the challenges posed by perpetrators."

The report also found that:

• Arizona has moved into the top five for the first time;

• Eight of the top ten states are in the eastern half of the country;

• New Jersey and Virginia made their first appearance in the top ten for loans originated in 2009; and

• The states with the highest concentration of appraisal fraud and misrepresentation nationwide are all Midwestern States -- Ohio, Illinois, and Michigan.

Except for the years when my father was serving in World War II, my parents were inseparable during their 54-year marriage. Then, 14 years ago, Dad died at the age of 80 of a brain tumor.

My mother, who was just 73 at the time, was pretty much self-sufficient for about a decade after that. She still played tennis, drove her car, and got together with friends and neighbors, including fellow retirees from her years as a kindergarten teacher who met monthly for lunch. After a few years, Mom had a new romantic partner as well.

Then, about four years ago, my sister and I got the call. It was the call to which many baby boomers who have an aging parent can relate. Who makes the call can vary. It can come in many forms -- a phone call, a letter, an e-mail, or even someone making a comment. It is that defining moment, that wake up call if you will, the one where you can no longer deny that your parent needs help.

Whether the call is from a physician, a sibling, a spouse or romantic partner, a friend, a neighbor or, in some cases, from the police or even the fire department, it is that call that distinguishes the moment when you go from being an adult child to someone who will now have to be the parent to your parent.

Giving Up the Car

For many of us, the first big change in our parents independence occurs when it becomes prudent for him or her to stop driving. (See, Seniors in More Severe Auto Crashes Than Younger Drivers which reports on a study conducted at Kansas State that analyzed the driving patterns of those aged 65 and over.

Parents who live in an urban setting, where driving was rarely an issue, may find it has become more difficult for them to take public transportation because of diminished mobility or increased feelings of insecurity around strangers. It is often left to the Boomer to help his or her parents to get around. And thats just the beginning.

Seek Out Help

If you find yourself becoming your parents caregiver, it may be useful to invest some time and money in meeting with an eldercare or geriatric manager or counselor. They can guide your parent or you through the world of senior care that you and your parent or parents are now entering.

Linda A. Ziac, president of the Caregiver Resource Center, has been working in the eldercare field for 35 years. She emphasizes that no two situations are the same. Ziac gets calls from adult children who are trying to get things in place but their parent refuses to talk about it, as well as calls from seniors from 60 to 90 saying that they want to explore help for themselves.

You can find a local eldercare manager or counselor the same way you would find any trusted professional: ask friends, your own physician, or senior services in your own or your parents community for referrals. Then perform due diligence checking out their credentials, testimonials, or websites. Usually there is an initial consultation for a fee and if additional services are requested, you would negotiate with the eldercare specialist what assistance will be needed and what it will cost.

Becoming Your Parents Advocate

One of the best gifts you can give to your aging parent or parents is to become their advocate. This is especially important if a parent starts to have a diminished capacity and can no longer deal with such everyday activities as walking, feeding or dressing oneself, making phone calls, or cooking.

As eldercare counselor Ziac points out, there is a big difference between being your parents advocate and helping and taking over in a way that makes the parent feel worse. Ziac says, There has to be a conversation between the senior and the family to honor the wishes of the senior. They cant just come in and dictate what the right thing is to do.

Even if the final decision about what your parent wants to do is up to him or her, you can still help by doing some research. For example, if your parent has vision challenges such as macular degeneration, you can explore if there are free services for the visually impaired in your community. Volunteers may be available to read to your parent on a regular basis for one to two hours a week.

As long as your parent is still self-sufficient and able to get to the programs and participate in activities, or has a caregiver to help out as needed, you can explore senior centers in your parents community to see what she or he might want to participate in.

Getting a Geriatric Assessment

If you suspect that your parent has Alzheimers or another kind of dementia, you might want to get a detailed geriatric assessment through a hospital or a neurologist. This will give you a starting point of how your parent is currently functioning as well as suggestions about what medical or social services your parent would benefit from. One such program is run by the Center for Healthy Aging at Greenwich Hospital in Greenwich, Connecticut.

The assessment is conducted by the Geriatric Health Team which consists of a geriatrician, who is a physician, board certified in geriatric medicine, a geriatric nurse practitioner, a pharmacist, a gerontologist, and a social services liaison. (Your parent would first be seen and evaluated by an internist who would make the determination that your parent should be referred to a neurologist or geriatric assessment center.)

Housing and Caregiver Considerations

Author Mike Campbell has spent more than 18 years in the senior housing and care industry including visiting hundreds of nursing homes or assistant living residences on behalf of his former employers. He also comes to this topic from a personal perspective. Campbell and his siblings, all of whom live in Ohio, and his mother, who is 81 and living in Florida, are deciding where she should live since her second husband died. (Campbells father died suddenly at age 57 of a heart attack.)

In his book, When Mom and Dad Need Help, Campbell identifies nine basic housing options that seniors and their Boomer children need to consider:

(1) parents moving in and living with you;
(2) adult day services, a community-based option, with your parent still living in their same home;
(3) home care services, while still in the same home;
(4) moving to an independent community with supportive services;
(5) assisted living communities;
(6) stand-alone Alzheimers dementia communities;
(7) nursing care facilities;
(8) Continuing Care Retirement Communities (CCRCs)which offer all of these levels of care on one single campus; and
(9) hospice, the final option.

Campbell says there are pluses and minuses for each option. One concern is cost but another key factor is the staff. According to Campbell, You want to have adequate staff and adequate training.

In assisted living and nursing care residences, the recommended maximum staff to resident ratio varies depending upon the shift. For the morning (7 a.m. to 3 p.m.) shift, Campbell suggests that the maximum assisted living ratio should be 10 residents to one direct care staff. In a nursing home, Campbells maximum recommended ratio is 5 direct care staff to one resident.

In addition to finding out the staffing ratio, you and your parent will also want to tour any residences that your parent is considering. Here are some questions you want answered:

• What is the ambiance of the residence?
• Are activity rooms in use?
• What is the dining area like?
• Is the food up to the standards that you and your parent were expecting?
• What will this residential option cost?
• Are there any additional fees beyond the daily room rate and meal charges that you should know about such as charges for various types of assistance, from administering medications to escorting to meals or activities, as well as any one-time or recurring activity fees?
• How long is the lease and what, if anything is the obligation for payment of the monthly rent if there is an extended hospitalization or death that requires breaking the lease?
• How friendly are the staff and fellow residents?
• Is there an emergency system in place if your parent falls and cant get to the phone such as pull cords in the apartments that connect to the front desk or to 911?

Legal Issues

Hopefully your parents will have already taken care of the major legal issues such as having an irrevocable or revocable trust, a will, a durable power of attorney, and a health care directive. (See A Legal Wake Up Call for Boomers for a discussion of these key legal concerns.) You should look at these legal and estate issues from your parents perspective. It may be helpful to consult with the family attorney or an elder care attorney on these matters.

As Carolyn L. Rosenblatt, who was a nurse for 10 years, a lawyer for 30 years, and who is now an elder care advisor and author of The Boomers Guide to Aging Parents, says, Everyone needs to have a durable power of attorney for finances and a health care directive for health.

Everyone Ages Differently, On Their Own Timetable

At the assisted living residence where Mom now lives, there is a petite healthy woman who is 103 years old. Everyone points to that woman as a role model of aging. On the one hand, it is very comforting to know that someone could be 103 and still be in excellent shape, walking on her own, and needing minimal assistance with everyday self-care.

But, on the other hand, it is a false standard by which all others are compared. For one thing I have learned most about aging is that there is a very wide disparity in how or when someone loses their mobility, develops dementia, suffers from chronic pain, arthritis, or contracts life threatening diseases like heart disease or cancer. Therefore, its important to keep the focus on the abilities and challenges of each senior rather than making him or her feel unfairly compared to someone else who seems to be faring much better even at a more advanced chronological age.

I have also learned that seniors deal with the changes they are going through in unique ways. Some become very angry and resentful, looking back at the way things were; others are accepting and positive. Excessive and ongoing depression and sadness in seniors, however, is not necessarily a normal part of aging; it is treatable. If your parent is showing signs of chronic depression, seek out a geriatric social worker or counselor, psychologist, or psychiatrist for help. (See Depression Not a Normal Part of Aging by Fred Cicetti).

Meeting Your Aging Parents New Relationships

As your parents life changes, they may also be forming new friendships or even romantic relationships, which may be an adjustment for you. For example, 49-year-old Brenda, whose mother died suddenly in 2008 after 51 years of marriage, said it was a challenge dealing with a new stepmother for her and her siblings.

It wasnt a few weeks before my father was looking for a new wife, said Brenda, and he was quite open about his desires, even before my mothers funeral. He did not want to be alone and he was going to make sure that was not the case for the rest of his life. Within five months, he was online dating, and he quickly found someone who looked exactly like my mother. It was comforting and disturbing all at the same time. Within 17 months, he was remarried. All has gone well with the marriage, however a couple of my siblings have had great difficulty with the transition to having a stepmother.

Health Care Issues

Coping with the myriad of healthcare issues is a large part of the aging process and can take a lot of time and attention. Although some parents will be fit and self-sufficient even into their 90s or beyond, others will have one or more health concerns that require your time.

With the advancement in medicine today, conditions that seemed a part of aging that just had to be endured are now treatable even if not curable. For example, there are medications that internists can prescribe for incontinence; urologists may even have additional treatment suggestions including surgical procedures, to minimize or eliminate this as a health care issue. Research advances in treating any number of age-related health care problems, such as macular degeneration, dementia, arthritis, depression, or hearing loss. You may also want to find local or even out-of-state experts who can help.

How Are They Going to Pay?

As elder care advisor and lawyer Rosenblatt points out, One of the biggest problems we have as Boomers is that many parents did not plan on living this long and have outlived their money. That leaves the question, how is your parent going to pay for their care?

You may want to hire an elder care attorney or specialist with whom you can have a family meeting to weigh the various options. If your parents got long term care insurance in their 50s or 60s, that is one possible option; if they are already in their 70s or 80s or older, it is probably too late to buy such insurance. Since your parents are over 65, they will have Medicare, but Medicare may not pick up all the healthcare expenses.

Your parent might want to look into the feasibility of buying gap insurance which covers some or all of the difference between what healthcare costs are reimbursed by Medicare and the actual costs. (Because of the recently-passed health care reform bill, you may want to check with an elder care expert about what is changing for senior healthcare.)

If your parent needs to go into a nursing home, or if you need a nurse to care for your parent in his or her home, you might want to find out if your parent is eligible for Medicaid to cover some or all of the costs. Since this is an extensive requirement and application process that varies from state to state, you might want to hire an elder care attorney to help your parent with this.

Acceptance and Perspective

Recently I asked my mother, who now needs continual care since she has mobility, vision, and memory issues, if her situation is hard on her. No, she answered, much to my surprise. Thats good to hear, I replied with relief. Then she continued, with absolute clarity and certainty, It makes me feel loved.

I learned so much in that exchange with my mother. I was looking at her situation as an outsider rather than as the one who has resigned herself to the walking and memory challenges that are part of my mothers new world. I also did not understand that she views her situation from a very different perspective than I do. I am a young 61-year-old. My mothers world is now mostly made up of other seniors with physical and mental challenges of their own who are in their 70s, 80s, 90s, and beyond.

Caring For Ourselves

We Boomers also have to remember that its okay to turn to other family members, romantic partners, friends, or even local support groups if we need help in our caregiver role. (See Managing the Stress: Tips for the Caregiver at the AARP website.

It Will Never Happen To Me!

I try hard to make time for Mom by visiting her regularly and calling often. I like to think that I wont be so dependent on my children when I am that age. Not me! I jokingly tell my sons, who are now ages 20 and 24, that when their father and I are in our late 80s, well be traveling around the world in a hot air balloon, joyfully independent and healthy.

However, deep down inside I can hear a little voice telling me that my mother and every other senior dealing with the tough physical and mental challenges of growing old probably had that same dream and hope when they were my age. It is a reminder to live our dreams as fully as possible while we still can because aging and all that entails is happening to all of us.

Resources

Associations

• AARP Membership association for anyone over 50 with articles and resources about caring for your aging parents including a related PBS video that can be played online.
• National Association of Professional Geriatric Care Managers Membership association for elder care managers.
• National Family Caregivers Association Educational and advocacy group that offers free membership to all family caregivers.
• National Academy of Elder Law Attorneys An association that represents attorneys with specialized training in elder law issues. Includes a searchable directory.

Books and Articles

• Hugh Delehanty and Elinor Ginzler, Caring For Your Parents: The Complete AARP Guide. New York: Sterling Publishing Company, Inc., 2006.
• Sheryl Garrett, editor. Caring for an Aging Parent. Chicago, IL: Dearborn Trade Publishing, 2005.
• Paul and Lori Hogan, Stages of Senior Care. New York: McGraw Hill, 2010.
• Jan Yager, Ph.D., Friendships: When to Hold em and When to Fold reprinted from Caring Today magazine

A group of former Wal-Mart employees in New Jersey have filed suit against the retail conglomerate, alleging that they were fired after they complained about their store's unwritten 'No Spanish' policy.

The suit is brought on behalf of no fewer than six individuals who worked at a Wal-Mart in Essex County, in northern New Jersey. The plaintiffs who ranged in position from a greeter to a supervisor were all fired despite performing their duties in a satisfactory manner, according to the suit.

The suit alleges that, although the store did not have a written policy prohibiting or restricting its employees from speaking Spanish in the workplace, management continually admonished, ordered or otherwise harassed [the plaintiffs] from speaking Spanish in the workplace. According to the complaint, the plaintiffs complained to management, but nothing was done to address the situation.

Some allegations are even more egregious. Rosa Knezevich, a cashier at the store until April 2008, says she was also admonished for speaking Spanish at work. But the final straw, according to the suit, came in March 2008, when Knezevich found out that she was expecting, and that hers was a high-risk pregnancy.

Knezevich asked, pursuant to doctor's orders, that she be allowed to forgo assignments detrimental to her health. Rather than grant the accommodation, Knezevich says, Wal-Mart fired her. Another of the plaintiffs, Marciel Alvarado, had a similar experience, according to the complaint.

Nothing new for Wal-Mart

The suit is just the latest in a long line of wrongful termination actions and allegationsagainst the nation's largest retailer.

Just last month, Wal-Mart settled a gender discrimination lawsuit for $11.7 million. That action alleged that Wal-Mart denied women entry-level jobs, instead placing less-qualified men in those positions.

In December, Wal-Mart paid $40 million to settle a Massachusetts class action alleging that it cheated employees out of overtime and meal breaks. A year earlier, 63 consolidated class actions alleging similar actions settled for $640 million.

And in March 2009, the company paid $17 million to a group of African-American men who say they were denied a job because of their race.

The New Jersey plaintiffs say that the store's no-Spanish policy embarrassed, humiliated and demeaned them, and fostered a hostile work environment based on [their] Hispanic heritage.

The complaint charges Wal-Mart with unlawful termination, unlawful retaliation, constructive discharge, an unlawful hostile work environment, and, for the two pregnant plaintiffs, a failure to accommodate. It also charges John Doe, an unidentified manager, with intentional infliction of emotional harm and aiding and abetting.

The suit says that Wal-Mart's conduct has caused the plaintiffs to suffer economic, emotional and psychological damage of up to $25 million, and seeks both compensatory and punitive damages, as well as compensation for attorneys' fees.

The regulations were put into effect to safeguard children from lead exposure. According to the Centers for Disease Control, children with high levels of lead in their bodies can possibly suffer from brain and nervous system damage, behavioral problems, slowed growth, and hearing problems.

Numerous scientific studies show lead is more dangerous to babies and young children because they are more likely to put their hands and objects with lead dust in their mouths, their growing bodies absorb more lead, and their brains and nervous systems are more sensitive to leads potentially damaging effects.

Visitors to CSLBs website can then link to basic information about lead in homes and a link to the US EPA website that lists licensed California contractors who have completed training and certification as renovators.

According to federal law, all contractors who disturb lead-based paint in a six square-foot area or greater indoors, or a 20-square-foot area outdoors must have renovator training and certification. In addition, contractors must provide the US EPAs Renovate Right pamphlet to residents or facility operators before a remodeling or demolition begins. They must also provide information to families with children who attend a child care facility or school where such a project is taking place.

The US EPA fine for contractors who violate the requirements is $37,500 per day. The law does not apply to individuals that undertake renovation or demolition work in their own home.

If an inspector or risk assessor certified by the California Department of Public Health determines that a building constructed before 1978 is lead-free, the certification is not required for contractors working on that particular building.

CSLB recommends you only hire licensed contractors to work on your home. In addition to not complying with this new lead-safety requirement, unlicensed contractors do not have workers compensation insurance which could leave a home owner liable if a worker is injured on their property. CSLB licensees are also required to have a $12,500 bond, which can help protect the home owner if something goes wrong with the project. Since 2005, all contractors applying for a new license or changing or adding to their license classification have been required to pass a criminal background check.

The health and safety of your family should not be left to chance, said CSLB Registrar Steve Sands. It only takes a few minutes to check the CSLB website to see whether your contractor is licensed, and to ensure they have the proper training if they are going to be disturbing lead paint on your property.

CSLB urges consumers to follow the tips below when hiring a contractor:

• Be especially hesitant when approached by someone offering home improvement services door-to-door.

• Verify the contractor's license by checking online at www.cslb.ca.gov, or via CSLBs automated phone system at 1-800-321-CSLB (2752), and ask to see a photo identification to make sure youre dealing with the correct person.

• Don't pay more than 10% down or $1,000, whichever is less. There is an exception to this for about two dozen contractors who have special bonds for consumer protection that are noted on the CSLB website.

• Don't pay in cash, and don't let the payments get ahead of the work.

• Check references, and get at least three bids and a written contract before your project begins.

• Contact CSLB if you have a complaint against a contractor.

The Contractors State License Board operates under the umbrella of the California Department of Consumer Affairs. More information about hiring contractors is available on the CSLB website or by calling 800-321-CSLB (2752). CSLB licenses and regulates California's almost 310,000 contractors. In fiscal year 2008-09, CSLB investigated more than 20,000 complaints and helped recover nearly $36 million in ordered restitution for consumers.

A for-profit fundraiser that solicited donations for Jaycees chapters and other charities throughout Western Washington, as well as fake charities, will no longer solicit donations under a settlement with the Washington Attorney Generals Office.

In its lawsuit, the Attorney General accused Charitable Assistance Group, Inc., of Seattle, and its predecessor, Direct Funding, Inc., of violating state consumer protection and charitable solicitations laws. Also named as defendants were three company officials and solicitors: Justin McGuinn and his father, Joseph Michael McGuinn, both of Seattle, and Jennifer Bartlett aka Virginia Bartlett, of Vancouver.

The defendants had contracts to solicit donations for the Washington Junior Chamber (Jaycees) and Jaycees chapters in Renton, Kirkland and Vancouver; as well as the Firefighters Assistance Fund, Vietnow National Headquarters dba Veterans Now, Veterans Charitable Foundation and the Disabled Police Officers Guild of America.

We believe the defendants duped the Jaycees and individual donors by misrepresenting how contributions would be spent, said Assistant Attorney General Shannon Smith. The defendants were stingy and kept most of the money for themselves. Under this settlement, they agree to no longer solicit for any charity in Washington.

The states complaint accused the defendants of misrepresenting how donations were spent, creating an impression that paid solicitors were volunteers for the charities, soliciting for organizations that werent registered as charities with the Secretary of States Office and failing to submit required reports to the Secretary of States Office.

The defendants also were accused of soliciting donations to purchase Spinoza Buddy Bears to distribute to hospitalized children in the Puget Sound, despite lacking authorization from the toys manufacturer. And they were accused of soliciting for a number of fake charities such as the Northwest Firefighters.

According to records filed with the Secretary of States Office, only 9 percent of the $183,814 in charitable donations raised by the defendants went to their clients. In 2007, the defendants returned only 5 percent of the $319,723 they raised.

As a condition of the settlement, all of the defendants have agreed not to solicit charitable contributions in the state of Washington.

Defendant Joseph McGuinn violated a 1996 settlement that restricts his ability to solicit donations. In that case, McGuinn and his wife, while operating a fundraising company known as Diamond Vision Consulting and Tri-Star Promotion Corporation, were accused of falsely claiming promotions were authorized by the Seattle Seahawks and local police and firefighter organizations.

Over the years total joint replacement has evolved into a way to relieve pain and restore function to joints that have been damaged or destroyed by arthritis or injury. In many cases, joint replacement makes it possible for patients to resume their active lives, say the Adult Reconstruction and Joint Replacement experts at Hospital for Special Surgery in New York.

Although the best weight-bearing surface is human cartilage, when the damage is too great, manmade materials, in the form of an artificial joint, become an option. Before undergoing a joint replacement procedure, it's important for people to learn from their doctor, what is involved in the surgery and to have realistic expectations.

The team at Hospital for Special Surgery, whose surgeons specialize in hip replacements and knee surgeries, emphasize that it is a major operation. Hip replacement also can be life-changing for someone who is debilitated by severe joint damage.

One of the important developments in hip replacement is the number of options available for artificial joints. Patients considering hip replacement surgery should consult with their surgeon to work with them in selecting the right type of implant design and material. When planning for surgery, the doctor and patient should consider a range of factors, such as the patient's age, weight, bone strength, the shape of the person's bones, as well as a patient's lifestyle and activity level.

Type of implants

Today, a new joint can be made out of polished metal or ceramic, with some featuring a combination of plastic liner and cobalt-chrome or titanium backing.

Metal and plastic

Metal and plastic implants are the most commonly used hip replacements. One of the most often used bearing surface combinations is metal on polyethylene, a form of plastic that provides marked durability.

Ceramic

Ceramics are used in total joint replacements, specifically to provide more wear-resistant bearing surfaces. Because of their hardness, ceramics can be polished to a very smooth finish and remain relatively scratch resistant while in use. Ceramic bearings are more subject to fracture than other materials. Most patients whose active lifestyles subject them to repetitive impact are not good candidates for ceramic bearings, nor are patients with high body weight.

Metal-on-metal

Metal-on-metal implants have been developed to function without a plastic piece inserted between them. These implants do not wear out as quickly as the plastic/metal versions and work well with young, active patients. There is concern that normal use may result in the release of microscopic metal particles that can lead to inflammation and loosening. Tests have also found elevated levels of metal ions in the blood but so far it hasn't been shown that these levels result in harm.

Although researchers are constantly seeking ways to improve implant design and durability, today there is no clear-cut kind of implant that is viewed as superior. Most surgeons will agree that the decision about joint implant materials is individual and should be decided by the patient and doctor together.

"I always spend a lot of time with my patients going over all the options and listening to them to learn what their needs and expectations are," said Dr. Mark P. Figgie, chief of the Surgical Arthritis Service at Hospital for Special Surgery. "The patients find the time we spend together talking about their needs and expectations invaluable. Once this process is completed and I feel that they are sufficiently informed, it is always up to the patient to decide."

An Orange County, California, convict currently doing a 10-year federal prison stretch for health care fraud has been charged with distributing misbranded drugs called "Vitalex" that were marketed as "all-natural" versions of sexual enhancement drugs such as Viagra.

Phu Tan Luong, also known as Peter Luong, 55, and his daughter, Helene Ngoc Bich Luong, 26, were charged in a criminal information filed last week in United States District Court.

The criminal information contends that Luong and his daughter used a company called Vitapro, Inc. to deliver into interstate commerce misbranded drugs called Vitalex for men and Vitalex for women. The drugs were advertised and labeled as "herbal sexual enhancement supplements" and "all-natural" versions of Viagra, Cialis or Levitra.

However, these "supplements" actually contained an unregulated drug -- an Acetildenafil-analog -- which is similar to those found in brand-name erectile dysfunction drugs and which pose a serious health risk . The Luongs allegedly obtained the components of Vitalex from China and shipped the drugs from Orange County throughout the United States and to other countries.

Five years ago, Phu Tan Luong was convicted of 35 counts of health care fraud and five counts of money laundering in connection with a medical supply company he owned called United Medical Supply that submitted fraudulent claims to Medicare for enteral nutrition, motorized wheelchairs and hospital beds that were not medically necessary and, in many cases, never delivered.

He was sentenced to 10 years in federal prison for his role in the scheme that caused Medicare to suffer approximately $14 million in losses. Using money generated by the United Medical Supply scheme, Phu Tan Luong started Vitapro, and, with the help of his daughter, continued to run the business after he started his prison sentence in late 2006.

The Food and Drug Administration (FDA), armed with a search warrant in April 2008, seized a large amount of the Vitalex products and packaging from the Vitapro business and Luong family residence. While the FDA shut down the Vitapro business, Vitalex products continue to be sold over the Internet.

"The FDA-Office of Criminal Investigations is fully committed to investigating and supporting the prosecution of those who may endanger the public's health and safety by manufacturing and selling unsafe products to be used on an unsuspecting public," said Thomas Emerick, Special Agent in Charge, FDA-Office of Criminal Investigations, Los Angeles Field Office.

The Luongs are each charged with one count of delivery for introduction into interstate commerce of a misbranded drug, a misdemeanor offense that carries a statutory maximum sentence of one year in federal prison.

Helene Luong is believed to be in Canada. Phu Tan Luong, who is currently in a federal prison facility in Pecos, Texas, is expected to be returned to Southern California for an arraignment on June 7.

The world of sexual enhancement products can be fraught with danger. A major producer of such products recently announced it was expanding a recall after the FDA found many of them were unapproved.

To the list of food, alcohol and sex addictions you can add another activity - tanning.

A report in the April issue of Archives of Dermatology suggests people who have used indoor tanning facilities may meet criteria for addiction and may also be more prone to anxiety symptoms and substance use.

"Despite ongoing efforts to educate the public about the health risks associated with natural and non-solar UV radiation, recreational tanning continues to increase among young adults," the authors write. "In addition to the desire for appearance enhancement, motivations for tanning include relaxation, improved mood and socialization."

Given these reinforcements, repeated exposure to UV light may result in behavior patterns similar to those observed with substance-related disorders, the authors note.

Catherine E. Mosher, Ph.D., of Memorial Sloan-Kettering Cancer Center, New York, and Sharon Danoff-Burg, Ph.D., of University at Albany, State University of New York, recruited 421 college students for their study in 2006.

Two written questionnaires typically used to screen for alcohol abuse or substance-related disorders were modified to evaluate students for addiction to indoor tanning. Participants were also assessed using standardized measures of anxiety, depression and substance use.

Among 229 participants who had used indoor tanning facilities, the average number of visits during the past year was 23. A total of 90 (39.3 percent) met criteria for tanning addiction on one measure and 70 (30.6 percent) met criteria on the other. Students who did meet these criteria were more likely to report symptoms of anxiety and use of alcohol, marijuana and other substances than those who did not.

"If associations between affective factors and indoor tanning behavior are replicated, results suggest that treating an underlying mood disorder may be a necessary step in reducing skin cancer risk among those who frequently tan indoors," the authors write. "Researchers have hypothesized that those who tan regularly year round may require more intensive intervention efforts, such as motivational interviewing, relative to those who tan periodically in response to mood changes or special events."

The authors of the study say further research is needed to the usefulness of incorporating a brief anxiety and depression screening for individuals who tan indoors. "Patients with anxiety or depression could be referred to mental health professionals for diagnosis and treatment," they conclude.

As noted above, the possibility addiction is just one of the problems linked to UV exposure. Earlier this year, the Indoor Tanning Association settled a skin cancer case with the Federal Trade Commission.

Since most of the consumers say they have never had a payday loan, they would normally brush it off as an obvious scam attempt, except for one thing. This man, consistently described as rude and having a foreign accent, has their Social Security number, email address and the name of their employer.

Tarra of Carrolton, Mich., said she received a threatening voice mail on her answering machine and quickly returned the call.

"I returned the call to figure out what was going on only to reach another person with the same accent," Tarra said. "He stated his name was Mark was I was being sued and requested to be able to read the affidavit to me without any interruption. Right before reading the affidavit he read me my social security number and my email address."

Other consumers also note an aggressive, threatening tone.

"He told me an investigation team will be coming to my job at 11 am in the morning and talking to my employer about the matter. He also said that I would have to pay thousands of dollars for all charges, fees, etc," Chanae, of Camden, N.J., told ConsumerAffairs.com. "Then he stated that I can take care of this matter if I send him a authorized letter stating that I will allow him to charge my visa $545.33. That's when I knew something was fishy."

"I have called them myself, claiming to be one of the 'debtors' they contacted," she told ConsumerAffairs.com. "I was advised it was not Instant Cash, but a "INSTA Cash" they were representing. They, of course gave me very little information on my 'supposed debt.'I explained that to the woman who emailed me for help. She then contacted Insta Cash, and they, too, knew nothing about it."

Consumers, of course, have federal protections against aggressive debt collectors, and in the case of scam attempts, can simply hang up. But there is great cause for worry when a scammer reveals that he has your Social Security number and other sensitive information. Jay Foley, executive director of the Identity Theft Resource Centerin San Diego, says that security could have been breached any number of ways.

Your information is out there

"How many doctors have you gone to? How many dentists? Have you ever applied for a mortgage? If so, all your information is sitting in files where anyone with access to it can take it an sell it," Foley told ConsumerAffairs.com.

What should these consumers do to protect themselves? First of all, they shouldn't fall for the shakedown scam and give the caller any money. If the debt is legitimate, they are entitled to receive all documents in writing.

More importantly, says Foley, they should move quickly to protect their identities by first getting a free credit report from AnnualCreditReport.com and checking to make sure no unauthorized activity is taking place.

"They should also call all three credit reporting agencies and place fraud alerts on their account," he said. "A fraud alert is good for 90 days, then they should renew it for another 90 days."

A fraud alert contacts the consumer anytime someone tries to open any kind of credit account using his or her identity. The numbers for the credit reporting agencies are:

Equifax (888) 766-0008

The Identity Theft Resource Center operates a toll-free consumer hotline to advise people on identity theft matters. That number is (800) 400-5530.

April 22, 2010

California-based Consumer Watchdog is calling on the U.S. Department of Justice (DOJ) to launch a broad antitrust action against Google. Such actions, the group says could include breaking the Internet giant into separate companies.

In a letter to Attorney General Eric Holder, John M. Simpson, consumer advocate with the nonpartisan, nonprofit group, praised the DOJ for its opposition to the Google Books case and the Federal Trade Commission's intense investigation of the proposed $750 million acquisition of AdMob.

However, the group said it is time to move beyond a reactive approach and "actively restrain Google's broader ability to abuse both users and advertisers."

"Such action could include breaking Google Inc. into multiple separate companies or regulating it as a public utility," the letter said. "Google exerts monopoly power over Internet searches, controlling 70 percent of the U.S. market. For most Americans -- indeed, for most people in the world -- Google is the gateway to the Internet. How it tweaks its proprietary search algorithms can ensure a business's success or doom it to failure."

Consumer Watchdog said Google subsidizes its other businesses by the monopolistic prices it is able to maintain because of its dominance in search.

Consumer Watchdog recommended a variety of remedies:

• One possibility, it said, would be to break Google into different companies devoted to different lines of business. Search could be separated from advertising. Gmail and its new social networking service, Buzz, could be spun off as a separate entity as could YouTube, a Google acquisition that the consumer group says should have been denied at the time of merger. Enterprise applications could be another separate business.

• Google's importance as a gateway to cyberspace requires a maximum degree of openness and transparency with the potential for government regulation. Consumer Watchdog argues that Google's monopoly position and importance to the Internet means that the company should be regarded as a public utility and regulated. It recommends designing a variety of regulations to open up Google's ad platform to enable other competitors to compete. Consumer Watchdog also says rules could be crafted to create greater transparency in the operation of Google's ad platform to enable parties to negotiate more effectively -- for example by providing greater visibility into the maximum amount of the highest bid, how many search terms are shown per page, and how Google's "quality score" is derived and applied. The group says little, if any, of this information is currently public and contends openness would contribute to consumer choice and options as well as foster competition.

• Another remedy would be to force Google to disgorge its "monopolistic gains" through the imposition of financial penalties. Consumer Watchdog points out that the payment would have to be significant enough to affect Google's future behavior and suggests tying the amount to paying back consumers for monetizing their private information and content without compensating them.

"The pending actions in the Books case and AdMob deal are important and must be pursued to their conclusion," the letter concluded. "It is, however, past time to act against Google's monopolistic and pervasive power over the entire Internet."

In a statement distributed to the news media, Google spokesman Adam Koracevich said "we totally understand that with size and success comes scrutiny. "But he suggested that little could be done to assuage the consumer group. "Given their track record, even if we broke Google in half tomorrow, Consumer Watchdog would probably insist that we split halves into quarters."

By Mark Huffman
ConsumerAffairs.com

April 21, 2010
In the rush to pass health care legislation this year, Congress created at least one provision that even the law's backers say needs to be changed.

Sen. Dianne Feinstein (D-CA) has authored a bill that she says would close an "enormous loophole" in the new federal law. As written, she says the law would allow health insurance providers to rapidly raise rates on health benefit policies that Americans will soon be required to buy.

The Feinstein bill calls for the National Association of Insurance Commissioners ("NAIC") to write key definitions of what constitutes an "unreasonable" rate increase and to assess the value of current state regulations. Amendments are needed to assert that HHS has the sole authority to determine the definitions that will make or break the law. The bill must also assure that direct federal regulation is used only as a fallback when states fail to develop adequate regulation and review of health insurance rates.

However, Consumer Watchdog, a California-based consumer group, says the health care law "fix" doesn't go far enough. In fact, the group says the bill as written the bill would give too much power to the insurance industry over defining "unreasonable" rates that could be blocked.

"Senator Feinstein should be commended for proposing legislation to close a gaping loophole in the federal health reform law," said Jerry Flanagan of Consumer Watchdog." As written, nothing in the health reform law prevents insurers from dramatically increasing rates in advance of the law's requirement that Americans must buy insurance policies or face tax fines."

History repeating itself?

Consumers, in fact, witnessed a similar occurrence last year when Congress passed credit card reforms in May, but didn't implement the new law until this past February. Credit Card companies spent the intervening seven months raising rates and implementing other soon-to-be prohibited activities.

Consumer Watchdog sees problems by designating NAIC as the official referee when it comes to insurance rates.

"NAIC is a private organization that is not subject to the transparency and public participation rules of a government body, is funded in large part by the insurance industry, and NAIC members enjoy a 'revolving door' of job opportunities in the industry thanks to the organization's close ties to insurance companies," Flanagan said. "The insurance industry's dominance of the NAIC will allow it to game the regulatory system through complicit regulators and undefined standards that industry actuaries are expert in manipulating."

Senate Health, Education, Labor, and Pensions (HELP) Committee Chair Tom Harkin (D-IA) called the lack of state "prior approval" of rate increases a "gaping hole" in health care reform. Under a "prior approval" system, insurance companies must receive approval from state regulators for rate increases before they go into effect.

Consumer Watchdog says the Feinstein Bill would establish a federal rate authority to review rates and take corrective action, including blocking rates or requiring rebates, only in states that do not have the authority or capability of doing so on their own. A better approach, it says, would be frontline state regulation of health insurance rate increases with strong federal fallback if states fail to act just as envisioned by the legislation.

Remember the line from the kids song This Old Man that says give your dog a bone? It turns out thats not such a good idea. Nor is smoking around your pet.

The Food and Drug Administration (FDA) warns pet owners that giving your dog a bone can cause serious injuries or even death. Meanwhile, the American Society for the Prevention of Cruelty to Animals (ASPCA) is warning pet owners not to smoke around their dogs and cats.

Some people think its safe to give dogs large bones, like those from a ham or a roast, said Carmela Stamper, a veterinarian in the Center for Veterinary Medicine at the FDA. Bones are unsafe no matter what their size. Giving your dog a bone may make your pet a candidate for a trip to your veterinarians office later, possible emergency surgery, or even death.

The FDA cited 10 reasons why bones are risky for dogs:

• They can break teeth;
• They can cause mouth or tongue injuries;
• The can become looped around a dogs lower jaw. This can be frightening or painful for a dog and may require a trip to the vets office;
• They can get stuck in a dogs esophagus;
• They can get stuck in a dogs windpipe, which can cause serious breathing problems;
• They can get stuck in a dogs stomach and, depending on the size of the bone, may require surgery to remove;
• They can get stuck in a dogs intestines. This can cause a blockage and may require surgery;
• Bone fragments can cause constipation;
• Bones can cause severe bleeding from the dogs rectum;
• Bones can cause peritonitis, a worrisome bacterial infection of the abdomen that happens when bone fragments poke holes in a dogs stomach or intestines. The FDA said peritonitis can kill a dog and must be immediately treated.

Talk with your veterinarian about alternatives to giving bones to your dog, Dr. Stamper says. There are many bone-like products made with materials that are safe for dogs to chew on.

She also reminded pet owners to always supervise dogs when they have any chew products. And always, if your dog just isnt acting right, call your veterinarian right away.

Secondhand smoke

And as for secondhand smoke, the ASPCA says that a growing body of research including the Surgeon Generals Report shows there are no safe levels of exposure to secondhand smoke for humans and for animals.

Studies show that an estimated 50,000 Americans die from secondhand smoke (secondhand smoke) each year and 4 million youth are exposed to it in their homes, according to the ASPCA.

A number of studies have indicated that animals, too, face health risks when exposed to the toxins in secondhand smoke, from respiratory problems to allergies and even cancer, the group said.

Toxins from secondhand smoke can cause lung and nasal cancer in dogs, the ASPCA said. It can also cause malignant lymphoma in cats and allergy and respiratory problems in other pets.

One recent study shows that nearly 30 percent of pets live with at least one smoker a number far too high given the consequences of exposure to secondhand smoke, the ASPCA said.

To address this problem, the ASPCA and the American Legacy Foundation have joined forces to urge pet owners to kick the habit or at least smoke outside -- away from their animals.

The Washington D.C.-based Legacy Foundation develops programs to address the health effects of tobacco and says its mission is to build a world where young people reject tobacco and anyone can quit.

While most Americans have been educated about the dangers of smoking to their own bodies and their childrens, it is equally important that pet owners take action to protect their beloved companion animals from the dangers of secondhand smoke, said Dr. Cheryl G. Healton, president and CEO of the Legacy Foundation.

The ASPCA said secondhand smoke isnt the only danger pets face from exposure to tobacco products.

Nicotine found in cigarettes and other tobacco products is also highly toxic to animals if ingested, said Mindy Bough, vice-president of ASPCA Animal Poison Control A dog that accidentally eats tobacco may develop weakness, decreased breathing rate, and could possibly die. The ASPCA strongly recommends keeping your pet away from tobacco as well as secondhand smoke.

April 21, 2010

The Institute of Medicine this week urged limits on the sodium content in processed food, warning Americans are getting too much salt in their diet. Emory University researchers suggest added sweeteners need a closer look as well.

Their study, in the Journal of the American Medical Association, analyzed U.S. government nutritional data and blood lipid levels in more than 6,000 adult men and women between 1999 and 2006. The study subjects were divided into five groups according to the amount of added sugar and caloric sweeteners they consumed daily.

Researchers found that people who consumed more added sugar were more likely to have higher cardiovascular disease risk factors, including higher triglyceride levels and higher ratios of triglycerides to HDL-C, or good cholesterol.

"Just like eating a high-fat diet can increase your levels of triglycerides and high cholesterol, eating sugar can also affect those same lipids," said study co-author Miriam Vos, MD, MSPH, assistant professor of pediatrics, Emory School of Medicine.

Increased sugar consumption

"In the United States, total consumption of sugar has increased substantially in recent decades, largely due to an increased intake of 'added sugars,' defined as caloric sweeteners used by the food industry and consumers as ingredients in processed or prepared foods to increase the desirability of these foods," Vos and colleagues note.

In the JAMA study, the highest-consuming group consumed an average of 46 teaspoons of added sugars per day. The lowest-consuming group consumed an average of only about three teaspoons daily.

"It would be important for long-term health for people to start looking at how much added sugar they're getting and finding ways to reduce that," said Vos.

The study, "Caloric Sweetener Consumption and Dyslipidemia Among U.S. Adults," was published in the April 20, 2010, issue of JAMA. It is the first study of its kind to examine the association between the consumption of added sugars and lipid measures, such as HDL-C, triglycerides and low-density lipoprotein cholesterol (LDL-C).

The study did not look at natural sugars found in fruit and fruit juices, only added sugars and caloric sweeteners.

The rate of a severe form of Escherichia coli diarrhea -- better known as E. coli -- significantly decreased in 2009, reaching the lowest level since 2004, according to a report released by the Centers for Disease Control and Prevention.

The incidence of the disease, called Shiga toxin-producing E. coli (STEC) O157 infection, also met the national 2010 Healthy People target in 2009. Infection with E. coli O157 is of particular concern because in five percent to 10 percent of cases the infection causes kidney failure and can be especially dangerous for children and the elderly.

The data were collected through CDC's Foodborne Diseases Active Surveillance Network, known as FoodNet, a source of information about trends in foodborne illnesses in the United States. FoodNet conducts active surveillance for nine pathogens commonly transmitted through food, and leads studies designed to help health officials better understand how foodborne diseases are affecting people.

While the 2009 rates of most of the nine illnesses that are tracked through FoodNet sustained the declines seen since FoodNet began in 1996, most have shown little change since 2004.

"The interventions begun in the late 1990s were successful in decreasing some of these foodborne diseases, but we haven't seen much recent progress," said Chris Braden, M.D., acting director of CDC's Division of Foodborne, Waterborne, and Environmental Diseases (proposed). "To make additional strides against these diseases and ultimately better protect the American people from foodborne illness, CDC, our federal and state partners, and the food industry will need to try new strategies."

The report, says David Goldman, M.D., M.P.H., assistant administrator, Office of Public Health Science of the U.S. Agriculture Department's Food Safety and Inspection Service, "confirms our past success combating foodborne illness by setting an aggressive goal, designing an effective system to meet that goal, and relentlessly implementing it; it's time to do it again."

Following the 1993 outbreak of E. coli O157:H7, the government declared O157 an adulterant, implemented Hazard Analysis and Critical Control Point (HACCP) production systems to prevent food contamination, established FoodNet and PulseNet, and set a goal of cutting O157 illnesses in half by 2010.

The only significant decline in incidence in recent years other than for E. coliO157 was for Shigella infections. Although some Shigella infections are transmitted by food, most are probably transmitted directly from one person to another, often among children in childcare settings, rather than through food.

Vibrio infections, typically found in raw or undercooked shellfish, increased by 85 percent compared with the first three years of surveillance. While the overall number of Vibrio infections is a small percentage of all foodborne illnesses, the infection may cause severe illness or death, particularly in people with weakened immune systems.

Among the four pathogens tracked in FoodNet that have national incidence goals, Salmonella is furthest from meeting the goal. One possible reason for the slow progress in fighting Salmonella is that it is spread through a wide variety of foods, and also through non-foodborne routes.

Salmonella can be spread by poultry, meat, eggs, produce and processed foods, as well as by contact with animals like baby chicks, small turtles, reptiles and frogs.

For most of the infections, the rate was highest in children under the age of four years. People over 50 had the highest rates of hospitalizations and deaths from most foodborne illnesses, emphasizing the need for them to get diagnosed and get treatment quickly after becoming ill.

To reduce their risk of foodborne illness, consumers should assume raw chicken, meat and eggs carry bacteria that can cause illness and should not allow them to cross-contaminate surfaces and other foods.

They should also cook chicken and meat to a safe temperature as measured by a food thermometer, avoid unpasteurized milk and unpasteurized soft cheese and make sure shellfish are cooked or pressure treated before eating.

While the government works to reduce the incidence of foodborne illness, the lawsuits spawned by the outbreaks continue to wend their way through the court system.

A report of a charge on a stolen credit card led to the discovery of a home business scam, Mississippi Attorney General Jim Hood said today.

"We're still in the early phase of investigation, but the case is a reminder that the cons are out there, trying to take advantage of our residents during an economically stressed time," said Attorney General Hood. "We want to warn our residents to be careful and be alert for these types of home business scams."

The home business scam, or reshipping fraud, often starts when a person responds to an ad for a job opening, sometimes online, sometimes in print and sometimes by email. The applicant is promised a considerable amount of money to receive, repackage and mail merchandise ordered online and then ship it to a foreign address. Unknown to the person working out of their home is that the merchandise was purchased using stolen credit cards.

This photo, provided by the Mississippi Attorney General, shows some of the merchandise recovered in a reshipping scam.

The reshipping job opportunities can appear anywhere, including local newspapers and well-known job placement websites. When an applicant answers the ad, they are typically asked for personal information including their social security number and date of birth. That information is eventually used to steal the applicant's identity and perpetrate the fraud even further.

Typically, payment for repackaging arrives in the form of a third-party cashier's check. These cashier's checks will usually be for more than the amount initially agreed upon and the employer will request that the overpay be returned to them electronically.

Once the check "clears" the bank, it turns out to be phony and the reshipper is left responsible for the entire amount of the check. Additionally, the reshipper could be in trouble with the law for repackaging and shipping merchandise purchased with stolen credit cards.

In the recently-discovered case, operating from a Jackson home, the homeowner stated that he was just trying to earn some extra money when he responded to a job offer by email. The scam was uncovered when the owner of a stolen credit card reported the unauthorized charge to the Jackson Police Department, who asked for assistance from the Attorney General's Office before visiting the home where the reshipping scam was occurring.

One out-of-state business owner who had shipped merchandise in the local reshipping scam told the Attorney General investigator working the case that he had been saved $2,400 by busting up the operation. Another business employee said they were in the process of shipping out more items and were spared that added potential loss.

Consumer tips

If you see an ad for a home business opportunity that promises easy and high income, be wary. If it sounds too good to be true, it probably is.

Never give out your personal information to a person you don't know or a company you have never heard of.

Be skeptical of any opportunity that doesn't pay a regular salary or engages a foreign company.

Research a company by checking with the Federal Trade Commission, Better Business Bureau or the Attorney General's Office.

"This is a very lucrative business for the con artists," said Attorney General Hood. "Our best defense is to educate our residents so they don't fall prey."

By James Limbach
ConsumerAffairs.com

April 20. 2010

Ohio Attorney General Richard Cordray has launched an effort to strengthen local protection for senior citizens. Joining forces with officials from the National Association of Triads, Inc. (NATI), Buckeye State Sheriffs' Association (BSSA), Ohio Association of Chiefs of Police (OACP), Ohio Crime Prevention Association (OCPA) and Ohio Department of Aging (ODA), Cordray called upon local agencies to partner with seniors and activate Triads.

"In 2009, Ohio saw an increase in reported cases involving the exploitation of our seniors," said Cordray. "Many more Ohioans over the age of 60 fell victim to scams and abuse than in the previous year. We expect the numbers to continue to climb as baby boomers get older."

The AG pointed out that with limited law enforcement resources, it is absolutely critical that forces are combined to maximize protection. He called on community organizations, law enforcement and senior citizens to work together to strengthen prevention and response.

According to the Ohio Department of Job and Family Services, 16,370 incidents of abuse, neglect and exploitation of consumers over the age of 60 were reported in 2009, compared with 15,050 incidents reported in 2008. The incidents range from financial crimes to physical abuse and were reported in every region of the state.

"While the numbers of reported incidents are indeed climbing, by applying national estimates we know that only one in five elder abuse situations in Ohio are reported to authorities," said Cordray. "We also estimate that only 1 of 25 financial crimes against seniors are reported. These numbers are unacceptable"

Ohio, of course, isn't the only state where seniors are targeted by scammers. ConsumerAffairs.com receives complaints from coast-to-coast.

Amy of Ventura, CA, tells of a problem her grandmother with a reverse mortgage held by Bank of America. "We had looked into refinancing the loan to get it FHA insured. B of A had scammed my 91 year old grandmother into accepting a Jumbo loan that was not backed by FHA insurance and held the loan had an extremely high interest rate."

She claims that as soon as negotiations began with another company, B of A gave the case and all the documentation to "some unauthorized, unknown broker who didn't even have a legitimate phone number. There were no signed documents and no authorization for them to give the case to anyone at that point. Needless to say, there was a domino effect that has cost us thousands of dollars, delays, stress and aggravation."

Duane of Melville, NY, has a problem with Somerset Mortgage Lenders. "They give out false confirmation numbers, they send out pre-application without disclosures, they sell reverse mortgages to seniors without explaining the program in detail," he tells ConsumerAffairs.com. "They also send out just signature pages to seniors without disclosures and they send the borrower's copy one to two weeks later. They arrange HUD counseling by acting as family members. They stall and manipulate borrowers until they are desperate and have no other recourse."

To help older citizens in Ohio combat fraud, Cordray has signed a cooperative agreement that unites the partnering agencies in a statewide effort to mobilize community resources to recognize the needs of older citizens and to work to meet those needs.

"We are very pleased to have Ohio join this important national effort," said Edward Hutchison, Executive Director of the National Association of Triads. "As law enforcement budgets tighten across the country, Triads have become increasingly imperative to protecting seniors and reducing the fear of crime that they often experience."

Ohio is the 10th state to join with a statewide program.

Children attending schools located in high-traffic zones have a 45 percent increased risk of developing asthma -- even though time spent at school only accounts for about one-third of a child's waking hours, according to new research.

Asthma is the most common chronic childhood illness in developed countries and has been linked to environmental factors such as traffic-related air pollution.

"While residential traffic-related pollution has been associated with asthma, there has been little study of the effects of traffic exposure at school on new onset asthma," says Rob McConnell, professor of preventive medicine at USC's Keck School of Medicine.

"Exposure to pollution at locations other than home, especially where children spend a large portion of their day and may engage in physical activity, appears to influence asthma risk as well," he ads.

The study appears online in the journal Environmental Health Perspectives.

The study drew upon data from the Children's Health Study (CHS), a longitudinal study of children in southern California communities that was designed to investigate the chronic effects of air pollution on respiratory health.

Using a group of 2,497 kindergarten and first grade children who were asthma-free when they entered the study, researchers examined the relationship of local traffic around schools and homes to diagnosis of new onset asthma that occurred during three years of follow-up.

Traffic-related pollution exposure was assessed based on a model that took into account traffic volume, distance to major roadways from home and school and local weather conditions.

Regional ambient ozone, nitrogen dioxide and particulate matter were measured continuously at one central site in each of the 13 study communities. The design allowed investigators to examine the joint effects of local traffic-related pollution exposure at school and at home and of regional pollution exposure affecting the entire community.

Researchers found 120 cases of new asthma. The risk associated with traffic-related pollution exposure at schools was almost as high as for residential exposure, and combined exposure accounting for time spent at home and at school had a slightly larger effect.

Although children spend less time at school than at home, physical education, and other activities that take place at school may increase ventilation rates and the dose of pollutants getting into the lungs, McConnell notes. Traffic-related pollutant levels may also be higher during the morning hours when children are arriving at school.

Despite a state law that prohibits school districts from building campuses within 500 feet of a freeway, many southern California schools are located near high-traffic areas, including busy surface streets.

"It's important to understand how these micro-environments where children spent a lot of their time outside of the home are impacting their health," McConnell says. "Policies that reduce exposure to high-traffic environments may help to prevent this disease."

Parents whose children are diagnosed with asthma are well advised to seek treatment for them as soon as possible. A recent study found that delaying treatment can carry serious consequences.

Jennifer Ringstaff felt nothing but relief when the repo-man came to her Virginia home recently and repossessed her Dodge Caravan.

Ringstaff said she had endured months of humiliation at the hands of debt collectors who made calls and disclosed her debt to relatives and employer.

They got so hateful on the phone that I wouldnt answer it, said Ringstaff, a mother of two children, ages 13 and 11. Its embarrassing. I was on the verge of losing my job because they [debt collectors] called my boss at home and called him a liar.

In Tennessee, Bobbie became suspicious when her deceased husband received a bill recently from a debt collection agency based in Illinois offering to settle a debt from a cell phone carrier. Her husband died in 1999. Bobbie asked ConsumerAffairs.com not to publish her full name.

And Annette Jaramillo, of Apple Valley, Calif., was outraged when a Miami debt collector called her home and told her teen-age daughter and son in separate calls that their parents were going to jail.

I dont care how much is the debt. It could be million of dollars, Jaramillo said. You dont do that to a child. My daughter was so scared and she was fearful that something would happen to us.

Debt collector abuses are nothing new. But consumer advocates fear the abuses will grow more widespread in numbers and scope at a time when millions of Americans are struggling to pay their bills.

Theres no doubt that the debt collection industry is thriving. You cant get blood from a rock, but these guys are trying, said Ira Rheingold, executive director and general counsel of the National Association of Consumer Advocates, a consumer advocacy group based in Washington D.C.

Hundreds of consumers, including Ringstaff, Bobbie, and Jaramillo, have posted complaints on ConsumerAffairs.coms site, alleging that scrupulous collectors have threatened arrest and jail, made harassing phone calls, contacted third parties and told about the debts, called employers at work and also tried to collect a debt not owned by the consumer, all violations of the Fair Debt Collection Practices Act. More alarming, consumers have complained that debt collectors have gained access to their bank accounts and made withdrawals without their consent.

FDCPA

Under FDCPA, debt collectors are not allowed to tell others about consumer debts unless that other person is your spouse, attorney or co-signer. They can call neighbors or relatives in their attempts to contact the consumer, if they dont know where they currently live. But they cant say they are calling to collect a debt. And once they found the consumer, those calls should stop.

Even so, the Federal Trade Commission, the federal agency that collects consumer complaints against third-party debt collectors, says the debt collector industry has topped all industries for years in the number of consumer complaints filed each year.

Last year, consumers filed 119,549 complaints against third party and creditor debt collectors claiming violations of the FDCPA, up from 104,642 complaints filed in 2008. Consumer advocates say these numbers dont reflect the gravity of the problem because most consumers dont file a complaint.

Some of the alleged abuses included trying to collect a debt that isnt owed or is beyond the statute of limitations, making harassing phone calls, threatening to make arrests that the debt collector has no authority to make, and collecting a debt discharged in bankruptcy.

Consumers should take notes every time they talk to a collector and start a file to store any legal notices including any hand-written notes or recording conversations with a debt collector or an attorney. If a consumer suspect a debt collector has violated the law, the consumer can file a complaint with the FTC and his/her states attorney general office. Another option is to contact a consumer attorney, if they suspect that an attorney has violated the law.

A law to protect consumers

The Fair Debt Collection Practices Act was enacted in 1977 to protect the public from abusive, unfair and deceptive practices by debt collectors and the FTC became the primary enforcer of its rules and regulations.

While the rules have been the subject of minor changes over the years, the main focus has remained the same: debt collectors are entitled to do their jobs, but not by badgering, pestering, and harassing consumers.

Consumer advocates said the debt collector industry is running amok and nobody, including the federal government, has acted as a watchdog to halt bad practices.

The problem is that harassment and abusive behavior continues and the penalties for getting caught are not big enough to stop it, said Lauren Saunders, managing attorney of the National Consumer Law Center, a consumer advocacy group based in Washington, D.C. Federal regulations had not been adjusted in 30 years and you need an attorney to stop it and a collector getting caught is not enough.

Debt collectors play a vital role in the U.S. economy and third-party debt collectors returned $40 billion to the economy in 2007, according to statistics provided by ACA International, a trade group which represents 3,500 members, which is about 90 percent of the industry in the U.S. There are approximately 6,500 collection agencies operating in the nation.

Rozanne M. Andersen, chief executive and general counsel of ACA International, contends the industry is not out of control.

Theres law enforcement within the states such as the attorney generals and the Federal Trade Commission, Andersen said.

The Minneapolis-based group has a code of ethics and the organization can terminate the membership of those found violating federal rules and the groups ethics.

The trade group has terminated 21 memberships since 2004. If a member is suspended or expelled, the members company name is published in Collector magazine and on the ACA Web site for one month.

ACA allows consumers to file a complaint against a member and consumers can also research and ask questions to experts about credit and debts in English and Spanish.

I know that many people think that its like a fox watching the henhouse and consumers might not trust the process, but we are committed to expelling or suspending those who are not abiding the law, Andersen said. We denounce the bad practices that you described [intimidation and harassment].

Consumers describe alleged abuses, debt collectors respond

After her husband underwent heart surgery in 2007, Ringstaff tried to refinance her vehicle loan but Chrysler Financial turned her down.

I told them [Chrysler] I didnt want the car and that I couldnt afford it, said Ringstaff, noting the company told her that they would work with her to make the payments.

But, Ringstaff, who works four jobs to support her family, fell behind in her payments and couldnt catch up.

Thats when the calls began: Debt collectors called her home at all times of the day even if she was one day late making her monthly payments.

The harassment went to a level so bad that it was illegal, said Ringstaff, 36.

Ringstaff is not alone: other consumers have posted similar complaints on Internet complaints boards, including ConsumerAffairs.com.

Citing privacy issues, Chrysler Financial declined to comment about the specifics of Ringstaffs case.

Chrysler Financial, however, noted the company is not considered a debt collector as defined by the federal FDCPA, even though the company collects its own accounts, according to Amber Gowen, a spokesperson for the company.

When asked if the company disciplined employees for violating any state and federal rules, Gowen said: Failure to comply with state, federal laws and regulations are grounds for disciplinary action including termination.

We take these matters [consumer complaints] seriously, Gowen said, adding that consumers with complaints should call 800-556-8172. We investigate and handle cases individually.

The robo calls began days after Bobbies deceased husband received the bill from AFNI Collection Agency offering to settle the $320.40 debt, apparently owed to a cell phone carrier, for $100.

Bobbie, who always handled the household bills during her 35 years of marriage, said shes certain her dead husband didnt owe money to any cell phone carrier.

When someone is offering you an opportunity to send them money that raises a red flag with me, Bobbie wrote in an e-mail message because she was too upset to talk about it.

ConsumerAffairs.com contacted AFNI to inquire about Bobbies case but wasnt able to obtain much information because of privacy issues.

Debra J. Ciskey, spokesperson for AFNI, said the company ceases collection after a consumer dispute a bill. AFNI created a consumer relations desk a year ago to address consumer issues.

We are required by law to allow consumers to dispute the bill, Ciskey said, noting that mistakes occur, but consumers need to contact the company. Consumers need to exercise that right.

Ciskey promised to look into the case after ConsumerAffairs.com provided the account number with Bobbies permission. AFNI, Ciskey said, owns the account, a common practice among third-party collection agencies, which buy old debts in bulk and try to collect the debts to make a profit.

Because AFNI owns the accounts, the company has the flexibility to settle the old debt for less money.

Recently, Bobbies husband received another letter from AFNI dated April 6. This letter, however, brought unexpected news: AFNI investigated her dispute and decided to close the account.

Bobbie was thrilled and grateful that the matter is resolved, she wrote in an e-mail.

Asked about consumer complaints usually posted on Internet boards naming AFNI and other debt collection agencies, Ciskey said consumers should contact the debt collector and seek resolution.

Two way conversation or correspondence between the consumer and the collection agency is the best way to solve these problems, Ciskey said.

In Jaramillos case, the debt collector disclosed the debt to her friends, relatives and her husbands employer. The calls to her relatives caused tension in her family after a debt collector, who identified himself as Paul Martinez working on behalf of Capital Collections, LLC, called her sister in Colorado and threatened to arrest her, she said.

Jaramillo said Martinez identified himself as an attorney on the calls. ConsumerAffairs.com conducted a search on the Florida Bar Association Web site, where members are listed, and couldnt find an attorney practicing law in Miami under Paul Martinez.

This is my husbands debt of about two years ago. We were separated at the time. We are talking of a debt of about $200-$250, said Jaramillo, 51.

Jaramillo called the debt collector and tried to negotiate a monthly payment to pay the debt even though she was unemployed at the time. But the debt collector refused and the conversation turned into a confrontation after the debt collector used profane language on the phone, she said.

And thats when the calls began. The phone rang at all hours of the day and night.

Ive been working on the legal field for more than 20 years, Jaramillo said. I knew that everything he was doing was totally illegal.

ConsumerAffairs.com contacted Capital Collections, LLC, and attempted to interview Paul Martinez twice, but he refused to answer any questions.

In November, Capital Collections LLC was among four debt collectors sued by West Virginia Attorney General Darrell McGraw for allegations to stop the victimization of the states consumers by payday lenders and their collection agencies.

FDCPA outdated

Last October, a report by the U.S. Government Accountability Office, the investigative arm of Congress, called for major changes to the FDCPA law. The report indicated problems with all involved in the debt collection industry including debt collectors themselves, consumers, the FTC and state court systems.

And it emphasized the need to make changes to the law to reflect the evolving debt collection market place and use of technology, since the law was passed before the advent of e-mail, cell phones and fax machines.

The report has invigorated consumer groups, including NACA, as they emphasize the need for a Consumer Financial Protection Agency.

In todays complex financial world, consumers need a federal regulator that is looking out for their interests, rather than the interests of the financial industry, Senator Carl Levin, D-Mich, said in a press release issued after the report was released in October. Even well-intentioned laws like the Fair Debt Collection Practices Act can erode over time and offer less and less protection to consumers.

In December, the House voted to approve the Consumer Financial Protection Agency Act of 2009 (H.R. 3126), sponsored by U.S. Rep. Barney Frank, D-MA, which would establish an independent executive agency with the authority and accountability to supervise, examine, and enforce consumer financial protection laws and financial transactions falling under the agencys jurisdiction including mortgages, credit cards, students loans, auto loans, payday loans and more.

But lawmakers in Capitol Hill dont seem to agree what powers, if any, to grant the new watchdog agency, and its uncertain at this point whether the new agency will have any authority over debt collection agencies, including third-party debt collectors.

Regardless of federal and state laws, unscrupulous debt collectors continue to use threatening and harassing tactics to intimidate or pressure consumers into paying their debts.

Though consumer advocates contend the FTC collects only complaints and it rarely takes strong action, the agency has successfully sued unscrupulous collection companies in recent years.

In 2008, the FTC settled with Academy Collection Service, Inc., a debt collection agency with offices in Philadelphia, Nevada and Pennsylvania, and its owner for $2.25 million, the largest civil penalty the federal agency has assessed against a debt collection company. Some of the allegations included false threats of wage garnishment, arrest, and legal action; communicated with third parties about consumers debts; and called consumers at their workplace.

Enforcement continues

Many state attorneys general have taken drastic actions against unscrupulous debt collectors.

Last year, New York Attorney General Andrew Cuomo went after a Buffalo-based debt collection operation alleging that the companys employees, which consisted of at least nine debt collection companies across Western New York, had violated state and federal law by routinely posing as law enforcement officials, threatening to arrest consumers and throw them in jail unless they made arrangements to pay the company immediately.

Cuomo has tried to shut down other operations and filed lawsuits against them including the Bening-Smith Group for alleged verbal abuse and in some instances, sexual harassment.

In Florida, a Jacksonville debt collection agency was ordered to pay $1.3 million in restitution and civil penalties in 2008 for violations of Florida and federal collection laws.

Debt collectors abusive practices have become a growing trend in Florida where complaints filed by consumers with the Florida Attorney Generals office have jumped from 1,554 in 2007 up to 2,215 in 2009, according to statistics provided by the office.

Florida Attorney General Bill McCollum is currently investigating over a dozen debt collector companies, according to Sandi Copes, a spokesperson for the attorney generals office.

McCollum sent a letter to the state legislature last November asking for expanded authority to bring civil lawsuits against abusive out-of-state debt collectors and credit repair companies.

We want to work and look at the whole problem instead of taking a piecemeal approach, Copes said.

The change in state legislation would allow the attorney general to pursue a violation of the debt collection act as unfair or deceptive without having to prove separately unfairness or deception.

The AGs office has also been working closely with other state attorney generals to provide complaints about debt collection agencies operating outside Florida, but abusing consumers in the state, Copes said.

As Congress debates the powers of the proposed federal consumer agency, unscrupulous debt collectors continue to ignore federal and state rules.

Both Ringstaff and Bobbie said they want to stop the abuse. Ringstaff filed complaints with the FTC and her state consumer agency and Bobbie wrote a letter to Tennessee governor.

They urged consumers to do the same.

I think is wrong and someone needs to do something to stop them, said Jaramillo, who filed a complaint with Florida AGs office. They cant treat people like that [harassment] to collect a couple of hundred dollars.