Sunday, January 13, 2013

Open Access Movement

    On Yahoo News - by Virginia Hefferman 1/13/2013
     
    "Aaron Swartz was a hacker-activist and a committed liberator of information. Facing federal charges, a possible sentence of 35 years in prison and a $1 million fine, for downloading subscription-only academic papers with the intent to distribute them, Swartz hanged himself in his apartment in Brooklyn on Friday. He was 26."
     
    R.I.P. Aaron Swartz. 
     
     
    Information is power. But like all power, there are those who want to keep it for themselves. The world’s entire scientific and cultural heritage, published over centuries in books and journals, is increasingly being digitized and locked up by a handful of private corporations. Want to read the papers featuring the most famous results of the sciences? You’ll need to send enormous amounts to publishers like Reed Elsevier.
     
    There are those struggling to change this. The Open Access Movement has fought valiantly to ensure that scientists do not sign their copyrights away but instead ensure their work is published on the Internet, under terms that allow anyone to access it. But even under the best scenarios, their work will only apply to things published in the future. Everything up until now will have been lost.
     
    That is too high a price to pay. Forcing academics to pay money to read the work of their colleagues? Scanning entire libraries but only allowing the folks at Google to read them? Providing scientific articles to those at elite universities in the First World, but not to children in the Global South? It’s outrageous and unacceptable.
     
    “I agree,” many say, “but what can we do? The companies hold the copyrights, they make enormous amounts of money by charging for access, and it’s perfectly legal — there’s nothing we can do to stop them.” But there is something we can, something that’s already being done: we can fight back.
     
    Those with access to these resources — students, librarians, scientists — you have been given a privilege. You get to feed at this banquet of knowledge while the rest of the world is locked out. But you need not — indeed, morally, you cannot — keep this privilege for yourselves. You have a duty to share it with the world. And you have: trading passwords with colleagues, filling download requests for friends.
     
    Meanwhile, those who have been locked out are not standing idly by. You have been sneaking through holes and climbing over fences, liberating the information locked up by the publishers and sharing them with your friends.
     
    But all of this action goes on in the dark, hidden underground. It’s called stealing or piracy, as if sharing a wealth of knowledge were the moral equivalent of plundering a ship and murdering its crew. But sharing isn’t immoral — it’s a moral imperative. Only those blinded by greed would refuse to let a friend make a copy.
     
    Large corporations, of course, are blinded by greed. The laws under which they operate require it — their shareholders would revolt at anything less. And the politicians they have bought off back them, passing laws giving them the exclusive power to decide who can make copies.
     
    There is no justice in following unjust laws. It’s time to come into the light and, in the grand tradition of civil disobedience, declare our opposition to this private theft of public culture.
     
    We need to take information, wherever it is stored, make our copies and share them with the world. We need to take stuff that's out of copyright and add it to the archive. We need to buy secret databases and put them on the Web. We need to download scientific journals and upload them to file sharing networks. We need to fight for Guerilla Open Access.
     
    With enough of us, around the world, we’ll not just send a strong message opposing the privatization of knowledge — we’ll make it a thing of the past. Will you join us?
     
    Aaron Swartz
    July 2008, Eremo, Italy

Tuesday, January 8, 2013

Site Launch - Nationwide Alliance of Legal Document Preparers


The Nationwide Alliance of Legal Document Preparers is actively seeking new members.

If you or your company assists consumers with their legal tasks, please join us. No membership fees until February 1, 2013. - members will be billed during the month of February. Annual membership only $39.00.

FOR IMMEDIATE RELEASE

PRLog (Press Release) - Jan. 6, 2013 - We believe it is our duty as Americans to exercise our freedom. Use it or lose it. Http://www.naldp.net

NALDP GOALS

Help consumers navigate the legal system

Increase the credibility of nonlawyer legal practitioners

Provide educational opportunities for consumers and legal document preparers

Create a networking entity for legal document preparers

Initiate a way for consumers to find document assistance across state lines

STATEMENT

Our goal is to make it easier for consumers to accomplish their OWN legal goals. We hope to nurture relationships with the legal establishment in every state. Our member legal document preparers do not offer legal advice and will always refer consumers to an attorney when advice is requested. States vary widely in their attitude toward nonlawyer legal document preparers. We do not seek to encourage any legal document preparer to over step their bounds or break any rules set by their state regarding their limitations.

To join go to:

http://www.naldp.net/membership.html

COME GROW WITH US!

Monday, January 7, 2013

Are we there yet?

The U.S. economy is slowly recovering from years of no growth and slow growth. Unemployment is still not anywhere its ideal 3% rate, but at 8.1% as of November 2012 is an improvement over the year before. In November 2011 the unemployment rate in Florida was 10.2% – so quite a difference. Not to say we're totally in the clear. Just somewhat better.

One thing to consider is which types of businesses and industries do well in a poor economy. For example, our industry, legal document preparation does well in general during a poor economy. People who cannot afford attorneys turn to us to help them do it themselves. Even those that can afford attorneys, choose DIY over paying an attorney if they feel that there legal matter is routine, or something that is not going to be contested.

Within our legal document preparation industry, there are certain types of projects that are most popular during a poor economy. Bankruptcies, obviously. As people are trying to recover from their personal economic challenges, bankruptcy is, for some, the best alternative. Bankruptcy petition preparers have long been recognized under federal law as actors in consumer bankruptcy document preparation. Bankruptcy petition preparers typically charge around 10% of an attorney charge for bankruptcy petition preparation. Credit repair is another popular niche, also for obvious reasons. Many people who had always been able to maintain good credit ratings in the past were unable to sustain those high scores during the economic down turn. Debt defense, mortgage modification, foreclosure defense, are also common legal tasks that people may do themselves or seek out document preparers to help them format their paperwork and follow procedure.

Divorces in general likely increase during a poor economy. And as people cannot afford divorce attorneys, they increasingly turn to document preparers for help. In Sarasota County, at least one of the parties in most divorces was pro se. An article published in the Herald Tribune on September 9, 2012 states: “There is no question, though, that pro-se divorces are the new normal. For the past five years, 55 percent of divorce cases in Manatee and Sarasota counties have included at least one spouse who is pro se”.


Other industries that are counter cyclical include:

  • Home Health Industries
  • Employment Services
  • Business Support Services
  • Investigation and Security Services
  • Services to Buildings and Dwellings
  • Management, scientific, and technical consulting services
  • Gas stations
  • Computer systems design and related services

Each of the above industries realized greater than a 10% average increase in sales over the past twelve months. The DIY industries in general have improved while the service industries have faltered or failed. Traditional types of services such as hair and nail salons, restaurants, pet care services, house cleaners and landscapers have fallen dramatically over the past year as more and more consumers are stretching their dollars and doing more with less.

According to the New York Times – and relying on data from www.sageworks.com









Friday, January 4, 2013

Are Refund Anticipation Checks (RAC) any different from the outlawed Refund Anticipation Loans (RAL)?

Did anything change? What's in a name anyway? 

The federal government outlawed RALs and so now we have RACs. Refund Anticipation Loans became Refund Anticipation Checks. If you remember from years past, Refund Anticipation Loans came under fire from the Federal Trade Commission as predatory. There is minimal difference in the effect of a RAL or RAC. Both of them trigger fees The following is reprinted from Yahoo, Finance:

"Who Needs an Income Tax Refund Anticipation Loan or Check? Absolutely Nobody  ResponsibleLending.com
Yahoo! Finance 20 Dec 2012
Refund anticipation loans, considered a form of predatory lending, essentially ended in 2012; but a banking product known as a refund anticipation check (RAC) is set to take their place in 2013. The Department of Treasury explains that RACs are temporary bank accounts, established on behalf of a taxpayer, that can receive a direct deposit refund. This is a bank deposit, not a loan, and is limited to the size of the refund, minus any applicable fees. For taxpayers without a bank account, RACs may expedite refunds by up to six weeks, and they also let filers pay for tax preparation fees out of the expected refund. The National Consumer Law Center says that the average cost of RACs is about $30 to $32; but tax preparers may charge their own "add-on" fees, ranging from $25 to hundreds of dollars. However, many low-income taxpayers can e-file for free, saving on both tax preparation fees and RAC fees. “

There seems to be very little difference between RACs and RALs. RACs like RALs are marketed towards the least sophisticated (read low income) taxpayers. The filer does not have to pay anything out of pocket, and all the fees for filing and tax preparation are deducted from the filer's refund which, in this case, is funded through a special bank account set up specifically for the tax refund. Fees apply. Even though RACs may not be as expensive and predatory as RALs they are also to be avoided. Federal tax refunds are much faster nowadays than in years past, and a filer is quite likely to have their refund in 21 days anyway without a RAC. The IRS site,  states: “If you e-file, you can generally expect your refund in less than 21 days.”

One of the other supposed benefits of a Refund Anticipation Check is that people with no bank account can have use them. No need to open a bank account. My suggestion – then open one!

Many low income filers may not realize that free tax preparation assistance is available.

Heart of Florida United Way  – posts on their site:
"Free tax assistance is available by IRS-certified volunteers to people who make $50,000 or less and would like assistance in preparing their tax returns.
Tax sites are available throughout Orange, Osceola, and Seminole Counties and offer free electronic filing so you can hold on to all of your refund."


Pinellas County:

A list of free tax preparation sites through VITA – VolunteerIncome Tax Assistance


Statewide:
AARP -
And more information about free tax assistance for low income seniors. There is also information about how you can help. We're all in this together.


I'm sure there are many more places low income Floridians can go to get help with their taxes. There is no need to be subjected to expensive fees. One of the problems with Refund Anticipation Loans was that sometimes a filer would file, and the IRS would deny the anticipated refund. The filer would have spent the money before he found out, and wind up owing money to the income tax preparation company. I'm not sure that the scenario would be any different if the same thing happened with a Refund Anticipation Check.













Wednesday, December 19, 2012

Happy Holidays!

The holiday season is a stressful time for many. Myself included. Many years ago, we had a family tragedy on Christmas eve. My family never quite recovered. I have unending respect for my mother's strength and love. Thanks Mom!


'Tis the season for depression. If you are prone to depression be aware. Here are some ways to protect yourself: From the Mayo Clinic website -

  1. Acknowledge your feelings. If someone close to you has recently died or you can't be with loved ones, realize that it's normal to feel sadness and grief. It's OK to take time to cry or express your feelings. You can't force yourself to be happy just because it's the holiday season.
  2. Reach out. If you feel lonely or isolated, seek out community, religious or other social events. They can offer support and companionship. Volunteering your time to help others also is a good way to lift your spirits and broaden your friendships.
  3. Be realistic. The holidays don't have to be perfect or just like last year. As families change and grow, traditions and rituals often change as well. Choose a few to hold on to, and be open to creating new ones. For example, if your adult children can't come to your house, find new ways to celebrate together, such as sharing pictures, emails or videos.
  4. Set aside differences. Try to accept family members and friends as they are, even if they don't live up to all of your expectations. Set aside grievances until a more appropriate time for discussion. And be understanding if others get upset or distressed when something goes awry. Chances are they're feeling the effects of holiday stress and depression, too.
  5. Stick to a budget. Before you go gift and food shopping, decide how much money you can afford to spend. Then stick to your budget. Don't try to buy happiness with an avalanche of gifts. Try these alternatives: Donate to a charity in someone's name, give homemade gifts or start a family gift exchange.
  6. Plan ahead. Set aside specific days for shopping, baking, visiting friends and other activities. Plan your menus and then make your shopping list. That'll help prevent last-minute scrambling to buy forgotten ingredients. And make sure to line up help for party prep and cleanup.
  7. Learn to say no. Saying yes when you should say no can leave you feeling resentful and overwhelmed. Friends and colleagues will understand if you can't participate in every project or activity. If it's not possible to say no when your boss asks you to work overtime, try to remove something else from your agenda to make up for the lost time.
  8. Don't abandon healthy habits. Don't let the holidays become a free-for-all. Overindulgence only adds to your stress and guilt. Have a healthy snack before holiday parties so that you don't go overboard on sweets, cheese or drinks. Continue to get plenty of sleep and physical activity.
  9. Take a breather. Make some time for yourself. Spending just 15 minutes alone, without distractions, may refresh you enough to handle everything you need to do. Take a walk at night and stargaze. Listen to soothing music. Find something that reduces stress by clearing your mind, slowing your breathing and restoring inner calm.
  10. Seek professional help if you need it. Despite your best efforts, you may find yourself feeling persistently sad or anxious, plagued by physical complaints, unable to sleep, irritable and hopeless, and unable to face routine chores. If these feelings last for a while, talk to your doctor or a mental health professional.

Credit Repair - Nameless 800 Project

Credit repair companies are popping up like whack a moles claiming they can raise your credit score and remove bad credit. As a good skeptic, you wonder whether these companies and their practices are legitimate. And you also may wonder, whether credit repair is something you can do yourself. Good questions. I'm happiest when consumers are well informed and inquisitive.

With interest rates at historic lows – less than 4% for a 30 year fixed mortgage – the allure of refinancing is strong indeed. The catch. Excellent credit is required. And nowadays good credit carries a score of at least 720. And since we are just barely crawling out of the Great Recession, many people took a financial beating and are happy to hang onto their property at all let alone maintain a decent credit score.

According to CreditScoreResource.com:

“One important thing to know about credit scores is that these scores are not permanent. In a few years they may change by a huge amount. A perfect example is how the good credit rating for mortgages has changed since the recent recession. Two years ago, many mortgage lenders considered borrowers with a credit score of 650 to be prime borrowers. This means that these borrowers were allowed to get prime mortgage loans which had low interest. Amazingly, in a time span of just two years, what they considered to be a credit score for prime loans jumped to 750. The same can be said about the generally accepted good credit score.”

You didn't imagine it – they definitely moved the goal posts.


However, as consumers, there is nothing we can do about it. If you want the peace of mind and buying power that a good credit score will bring, you have to play by the lenders rules. Back to our questions:

  1. How to tell if a credit repair company is legitimate:

The Federal Trade Commission posts the following on their site – www.ftc.gov -

“Do yourself a favor and save some money, too. Don’t believe these claims: they’re very likely signs of a scam. Indeed, attorneys at the Federal Trade Commission, the nation’s consumer protection agency, say they’ve never seen a legitimate credit repair operation making those claims.

'Credit problems? No problem!'
'We can remove bankruptcies, judgments, liens, and bad loans from your credit file forever!'
'We can erase your bad credit — 100% guaranteed.'
'Create a new credit identity — legally.'”



So be careful of overblown unrealistic promises. And beware of upfront fees. Under the Credit Repair Organization Act (CROA), credit repair companies are required to explain:


  • your legal rights in a written contract that also details the services they'll perform
  • your three day right to cancel without any charge
  • how long it will take to get results
  • the total cost you will pay
  • any guarantees
  1. Can you do it yourself? Is DIY credit repair possible or a good option?


Do it yourself credit repair is possible, and it is your right to do so. I am an advocate for pro se rights, the people's right to legal access, and the right to do it yourself. However, it depends on you – your comfortable level; the time you have available; and whether you are the type of person who will be diligent and persistent in a detail driven process.

The Federal Trade Commission's site explains step by step how to repair your own credit, along with other valuable information about how to protect yourself in the marketplace. If you're not the type of person to do it yourself, or just don't have the time, you can turn to a credit repair company. The Florida Association of Legal Document Preparers has recently partnered with a credit repair company. We are using one of our associates as a test case and we'll chronicle his/ her progress on this blog. Our associate shall remain nameless for his/ her privacy, and we'll refer to him/ her as Nameless 800 – 800 being the credit score goal.

So yesterday, Nameless 800 signed up. No upfront fees were requested except for a $15.00 credit monitoring fee. Nameless 800's initial credit score is around 570. There are no sign up fees except the $15. credit monitoring fee. After 30 days you'll be billed $99. processing fees IF credit repair progress has been made. As low as $25. per item removed.

We have seen many credit repair offers and this is the best offer we've seen so far. If you're interested in having your credit repaired sign up here:

Update March 20, 2013 - 
We were completely disappointed in the company that we had hoped to recommend. All references to that company have been removed.





Saturday, December 8, 2012

Dream Deferrals


It has to be scary to walk into a field office of the United States Customs and Immigration Service, knowing full well you are in the United States illegally and ask to stay. I'm a natural born U.S. Citizen and I can only imagine the fear. To me, illegal immigration has always been a non-issue. My ancestors are Native American, and Dutch on my mother's side; and my father's side is English and Irish. I grew up in the era of baby boomer entitlement well aware that this country is the great melting pot, and proud of it.

I've been in the Tampa field office, and the one in Orlando – both intimidating places. Adults talk in low tones, children sit quietly. Everyone watches each other.

Posted on the USCIS website:
“On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several key guidelines may request consideration of deferred action for a period of two years, subject to renewal, and would then be eligible for work authorization. Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Deferred action does not provide an individual with lawful status.”

DACA – Deferred Action for Childhood Arrivals is an abbreviated version of the Dream Act that became mired in controversy and never passed. DACA is for the children who came to the United States illegally, mostly with their parents and now they have grown up in the states and it is their home. Imagine the six year old who came to the United States holding his mother's hand, wide eyed and scared, trusting in his parents promise of a better life and a better future. And found it. Families from other countries found their promised land, their better life in America.

The requirements as posted on the USCIS site, to apply to stay through DACA are simple and clear:

Guidelines

You may request consideration of deferred action for childhood arrivals if you:
  1. Were under the age of 31 as of June 15, 2012;
  2. Came to the United States before reaching your 16th birthday;
  3. Have continuously resided in the United States since June 15, 2007, up to the present time;
  4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
  5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
  6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  7. Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.


There are three main forms that must be filed:
Form I-821D – the application for deferred action for childhood arrivals
Form I – 765 – the application for work authorization.
Form I-765WS – the application for work authorization work sheet.


According to an online article published on November 23, 2012, on http://www.newshour24.com -
“After the first month of the program, 82,000 applications had been filed with USCIS. By Nov. 15 – the program's three-month mark – 300,000 applications had been filed, marking steady growth.” And, according to the Migration Policy Institute, www.migrationpolicy.org , approximately 140,000 Florida residents can benefit from this new policy.


I believe that this legislation is humane and fair.