Prepaid Debit Cards: Watch for hidden fees

A prepaid debit card is not the same as a credit card. With a prepaid debit card, you buy a card with money on it or you deposit money on the card. Prepaid debit cards can be "reloaded", which means that if the balance is used up, you can choose to add more money to the card.

Watch. Prepaid debit cards can carry high fees. Some consumers say they were not adequately warned about those fees. Consumers were often charged an activation fee that was taken off the value of the card, without the consumer's knowledge of the fee.

Often, prepaid debit card users are low-income earners, or immigrants, who can not open a typical bank account or get approved for a credit card. Prepaid debit card companies target these groups of people.

The industry often says they operate with small profit margins. The criticism is often that they have many small charges which add up costing more than the consumer realizes. This has usually meant that prepaid cards are more expensive way to bank.

"Green Dot" is a big provider of prepaid debit cards. It states that consumers "can count on us to be there for you". Customers have complained of poor customer service and that there were hidden fees.

As listed on the Green Dot website fee schedule:
Initial Purchase: Varies, from $4.95 to $6.95, depending on where it is purchased.
Monthly Charge: Waived when you load at least $1,000 to your card or make 30 purchase transactions, otherwise, it is $5.95 per month.
ATM Withdrawal: free at participating ATM's only, otherwise it's $2.50 per withdrawal.
Teller Cash Advance: $2.50
ATM Declined Withdrawal: $0.50
ATM Balance Inquiry: $0.50
Lost/Stolen Card Replacement: $6.00
Other Prepaid Debit Card Companies

According to The New York Times (October 6, 2009), consumers who used cards by other companies also felt they were not adequately warned about the fees.

Other large providers of prepaid cards:
MiCash Prepaid MasterCard
Millennium Advantage Prepaid MasterCard
Silver Prepaid MasterCard
Only 1 Visa prepaid card
Wal-Mart Money Card
Vision Premier Prepaid Visa Card

Congress has asked federal regulators to investigate pre-paid cards. To date, this industry, which is a newcomer to the personal finance provider field, has not had regulatory oversight that would give added protection to customers.

If you would like more information, feel free to contact me.

David E. Schreiber
Of Counsel
Law Offices of Thomas Wolpert, PC
610-792-3304

Montgomery County Pennsylvania School District Sued for Allegedly Using Webcam to Watch Students at Home via Loaned Laptops

In a law suit filed in the United States Easter District, Philadelphia, Parents of a Lower Merion School District student allege that High School officials used school-issued laptop computers to illegally spy on students.

The Civil Action Complaint claims that unnamed school officials at Harriton High School remotely activated the webcam on a student's computer last year because the district believed he "was engaged in improper behavior in his home."

An assistant principal at Harriton confronted the student for "improper behavior" on and used a photograph taken by the webcam as evidence.

The Suit seeks to be "certified" as a class action. That happens when a first Plaintiff files a case and requests that the Court certify it as the type of case that involved a class of similarly situated victims. Those additional persons can then elect to join the class action.

The district has issued school-owned laptops to 2,290 high school students, starting last school year at Harriton, in an effort to promote more "engaged and active learning and enhanced student achievement," the superintendent said in a message on the district website.

In a statement on its website, the district said that "The laptops do contain a security feature intended to track lost, stolen and missing laptops. This feature has been deactivated effective today."

In another statement, the district said: "Upon a report of a suspected lost, stolen or missing laptop, the feature was activated by the District's security and technology departments. The tracking-security feature was limited to taking a still image of the operator and the operator's screen. This feature has only been used for the limited purpose of locating a lost, stolen or missing laptop. The District has not used the tracking feature or web cam for any other purpose or in any other manner whatsoever."

The Complaint alleges that when the computers were given to students, the school district did not reveal that it could or would activate the cameras at any time.

The Complaint pleads that the school district violated federal and state wiretapping laws and violated students' civil rights and is an invasion of privacy.

"Sexting" in PA High School Leads to Criminal Charges

According to AP Sources and local police, three teenaged female high school who allegedly sent nude or partially-nude cell phone pictures of themselves, have been charged with child pornography. Three of their male classmates at a Greensburg, PA High School who received them, are also charged.

While charged as juveniles, the student still face felony charges. The police indicate that the girls are 14-15 and the boys are 16-17.

One of the students had their phone on in class, which is against school property. The school confiscated the phone and then an administrator for the school found the photos. It was turned over to the Greensburg Police.

Drunk School Bus Driver takes kids on wild ride

A school bus driver who drove 37 students while intoxicated was sentenced to five years probation and jail time, but some parents of her terrified passengers say the punishment is not nearly harsh enough.

According to the "CBS Early Show," the bus driver pleaded guilty on Nov. 2, 2009, to 37 counts of child endangerment and driving while intoxicated. It happened on May 8 2009, while students screamed and begged her to stop.

On Jan. 4, the Allegany County Court sentenced her to six months of electronic home monitoring, five years of probation, 12 weekends in jail and mandatory alcohol counseling. She was also fined $1,000.

Police Reports indicate the bus driver's blood alcohol level was .15, almost twice the New York state legal limit of .08 percent.

Hundreds of driving drunking car accidents happen in Pennsylvania each year. Drunk Driving car injuries happen too often. Our firm has expertise in suing drunk drivers in civil cases. If you have been hurt in a drunk driving accident, call us.

David Schreiber

Toyota: Prius brakes had design problems

According to AP reports, Toyota has conceded the antilock brake system in the newest Prius model, which went on sale in 2009, had design problems.

A spokesperson for Toyota Motor Corp. stated on 2/4/10 that Toyota learned about design problems and corrected the design for Prius models sold since late January.
The spokesperson also said Toyota was still investigating how to inform people who had bought the Prius' before January 2010.

Apparently 180 Owner complaints have been made of braking problems in the third-generation Prius surfaced in in both the U.S. and Japan. This has happened while there are global recalls of eight Toyota car models for faulty gas pedals.

If you would like more information about the sudden acceleration or product defects and your legal rights, feel free to contact us.

David Schreiber

Walmart removes "Princess and The Frog" Pendants: Toxic

According to the Associated Press and Walmart Sources, Walmart has removed from its sales shelves "Princess and the Frog" pendents. They have apparently contained high levels of Cadmium, which is a toxic substance. The recall inolves approximately 55,000 items, sold at Walmart for $5 per item. Walmart indicates that this was voluntarily done by FAF, Inc., a jewelry company in R.I. The US Consumer Product Safety Comission put out a recall notice after testing for Cadmuim in jewelry produced for Children.

The Walt Disney Co. sent a letter to its sellors and licensees that there will be a zero-tolerance policy--stricter than federal requirements--for Cadmium in any jewelry bearing its brand. Disney Co. is now mandating that all products must be tested for Cadmium.

"Any detectable levels of cadmium will be deemed a product failure," wrote Manuel G. Grace, Disney Co.'s senior vice president for product integrity.

The Federal Government does not actually require Cadmium testing of toys, nor does it set any limit for the amount the substance in toys.

Walmart responded to the recall by removing 3 items from sale, including a crown pendant with UPC number 72783367144 and a frog pendant with UPC number 72783367147.

The Consumer Product Safety Commission is instructing parents to throw out all pieces of inexpensive metal jewelry, and that children who chew, suck on or swallow a bracelet charm or necklace may be endangering their health because Cadmium could leach out of the item and into the body. Cadmium can harm the brain, kidneys and bones.

If you would like more information about defective product laws in Pennsylvania, feel free to contact us.

David Schreiber
Mayerson Schreiber McDevitt, PC
www.mayerson.com

Toyota and Lexus Sudden Acceleration Problem

Reports show at least 4 people have been killed after a Toyota Vehicle suddenly accelerated. The Government has complaints of others seriously injured.

The “electronic throttle” is the primary culprit of claims that these vehicles are suddenly accelerating without warning.

In March 2004, the Center For Auto Safety reported about sudden acceleration problems in 2002-03 Toyota Camrys and Solaras and the 2002-03 Lexus ES 300.

The US Government is looking into 2002-3 Camrys, Solaras, as well as Lexus ES 300's to figure out if they have this defect to the electronic throttle. The Toyota Tacoma has also been a source of complaints for sudden and unintended acceleration.

The National Highway Traffic Safety Administration and Toyota pointed to the electronic throttle in 2004 as the probable cause of the complaints of the sudden acceleration.

Toyota had claimed, though, that the real problem was the floor mat.

The Detroit Free Press has reported that 432 customers made complaints of sudden acceleration problems, which included 51 crashes and 12 instances of injuries.

Finally, in October 2009, Toyota conceded that there is an issue with sudden acceleration on these models:

2007-2010 Lexus ES350
2006-2010 Lexus IS250
2006-2010 Lexus IS 350
2007-2010 Toyota Camry
2005-2010 Toyota Avalon
2004-2009 Toyota Prius
2005-2010 Toyota Tacoma
2007-2010 Toyota Tundra

Toyota

The Detroit Free Press cited the following:

TOKYO — Toyota’s president said it was “extremely regrettable” an American family died in a crash in which a floor mat in one of the Japanese automaker’s vehicles is suspected as the cause.
"Four precious lives have been lost," Toyota Motor Corp. President Akio Toyoda said Friday. "I offer my deepest condolences." According to California Highway Patrol Sources, the vehicle
accelerated to over 120 mph, went over an embankment, rolled over and then burst into flames, killing the four occupants.

Toyota is apparently still deciding what action to take. It has not admitted to a defect..

According to a December 2009 Consumer Reports Article, Toyota and Lexus models “lead the pack for sudden acceleration problems.” According to the Article, an analysis of NHTSA safety complaints database indicates over 40 percent of sudden acceleration complaints involve Toyota and Lexus models.

If you would like more information, or have experience a sudden acceleration problem with your vehicle, feel free to contact us.

David Schreiber
Mayerson Schreiber McDevitt, PC
800-524-7300
www.mayerson.com

PA House Transportation Committee Proposes Bill to Ban Texting While Driving

In November 2009, the PA House Transportation Committee, offered a new Bill on banning text messaging while driving.

According to the Pittsburgh Post-Gazette, the Bill, if passed, may includee an increase in the penalty for texting while driving. The Bill currently only makes it a $50 fine--some proponents want that higher.


If you would like more information about Pennsylvania Motor Vehicle Laws,
feel free to contact us.

David Schreiber
Mayerson Schreiber McDevitt, P.C.
www.mayerson.com

Serving: Pottstown, Boyertown, Spring City, Royersford, Gilbertsville, Birdsboro, Phoenixville, Douglassville, Limerick, Bechtelsville, Bally

"Citizens Untited" Supreme Court Decision: Is it a Disaster? No Restraints on Corporations?

The United States Supreme Court issued a radical decision today in a 5-4 vote led by Justice Roberts. It overturned the vast legal precedent of limits on Corporations' ability to finance political campaigns. Corporations, after this decision, can without limit, pay for ads and pay for politicians. This means that a huge corporation, an Oil Company, Energy Company, Health Insurance Company, etc can spend any amount they want, on any election campaign they want to get the candidate they want elected. So, if say, an Oil Company with $10 billion in net annual profits wants to spend it all on getting their agendas passed, they can do it. Roberts' majority decision is based on an argument that a Corporation has the rights of a person and is entitled to free speech under the First Amendment. This Decision could obviously tilt every law that gets passed in the United States in favor of the interests of large corporations over individuals. Interestingly, Roberts and Alito, at their Confirmation Hearings, testified that they would follow the existing precedent. Yet, they did exactly the opposite in this Decision.

The Decision surprisingly got very little coverage today from the Media.

Justice Stevens wrote the Dissent and said in part:

"In the context of election to public office, the distinction between corporate and human speakers is significant. Although they make enormous contributions to our society, corporations are not actually members of it. They cannot vote or run for office. Because they may be managed and controlled by nonresidents, their interests may conflict in fundamental respects with the interests of eligible voters. The financial resources, legal structure,and instrumental orientation of corporations raise legitimate concerns about their role in the electoral process. Our lawmakers have a compelling constitutional basis, if not also a democratic duty, to take measures designed to guard against the potentially deleterious effects of corporate spending in local and national races. The majority’s approach to corporate electioneering marks a dramatic break from our past. Congress has placed special limitations on campaign spending by corporations ever since the passage of the Tillman Act in 1907, ch. 420, 34 Stat. 864. We have unanimously concluded that this “reflects a permissible assessment of the dangers posed by those entities to the electoral process,” FEC v. National Right to Work Comm., 459 U. S. 197, 209 (1982) (NRWC), and have accepted the “legislative judgment that the special characteristics of the corporate structure require particularly careful regulation,” id., at 209–210.

The Court today rejects a century of history when it treats the distinction between corporate and individual campaignspending as an invidious novelty born of Austin v. Michi-gan Chamber of Commerce, 494 U. S. 652 (1990). Relyinglargely on individual dissenting opinions, the majority blazes through our precedents, overruling or disavowing a body of case law including FEC v. Wisconsin Right to Life, Inc., 551 U. S. 449 (2007) (WRTL), McConnell v. FEC, 540 U. S. 93 (2003), FEC v. Beaumont, 539 U. S. 146 (2003), FEC v. Massachusetts Citizens for Life, Inc., 479 U. S. 238 (1986) (MCFL), NRWC, 459 U. S. 197, and California Medical Assn. v. FEC, 453 U. S. 182 (1981).

The Court’s ruling threatens to undermine the integrityof elected institutions across the Nation. The path it has taken to reach its outcome will, I fear, do damage to this institution."

The full Decision can be read at:
http://www.supremecourtus.gov/opinions/09pdf/08-205.pdf

TO TAKE ACTION, CHECK OUT THIS SITE AND SIGN THE PETITION: EDIT AND PASTE TO BROWSER-

http://action.citizen.org/t/10315/petition.jsp?petition_KEY=2190

If I-80 becomes a Toll Road as proposed, revenue could go to help fund improvements to Route 422 in Montgomery County, Pennsylvania. In fact, the Montgomery County Planning Commission intends to lobby the federal governement to help make it happen, according to sources, including the Pottstown Mercury.

I-80 is 300 miles long and crosses the northern tier of Pennsylvania. It is in need of repair. Pennsylvania filed an application for approval with the Federal Highway Administration. It is requested to help fund the gap in state highway funding.
The State could also raise capital up front by issuing bonds based on future toll revenue.

PennDOT estimates that state's annual deficit for interstate highway maintenance alone is about $600 million. According to sources cited by the Pottstown Mercury, Pennsylvania has one of the highest percentage of deficient bridges in the nation based on structural problems.

Officials of the Pennsylvania Turnpike Commission indicate that a large part of the funding would be allocated to repair Pennsylvania roads and bridges. a majority of the act's funding would be used statewide to repair roads and bridges

If you would like more information about state laws, or if you have been involved in a Pennsylvania Car Accident, please contact us.

David Schreiber
Mayerson Schreiber McDevitt, P.C.
www.mayerson.com
610-948-4800

Serving: Pottstown, Phoenixville, Spring City, Birdsboro, Douglassville, Boyertown, Gilbertsville, Royersford, Limerick

Balloon Boy Dad Reports for Jail Time

The father who pled guilty to a hoax by saying his 6-year-old son was drifting over Colorado in a balloon began his jail sentence on January 10, 2009.

He turned himself in Monday morning at the Larimer County Detention Center, according to Larimer County sources.

He pled guilty in November to a felony count of attempting to influence a public servant.

The County Prosecutors said he and his wife planned the hoax, specifically their son's disappearance, to get publicity for themselves. The Prosecutor's Office says there is overwhelming evidence that this was a hoax and the parents' motive was that they wanted to be selected for a reality television show.

The father reported to authorities in October that his young son was drifting over eastern Colorado in a homemade balloon that came loose from its moorings in the family's backyard. Authorities scrambled to track the balloon and rescue the apparent child inside. But, when the balloon came to rest in a field, the balloon was empty. The boy was later discovered hiding inside their family's attic.

The presiding judge sentenced The father to 90 days in custody. He will spend 30 full days in jail. He is eligible for work release for the last 60 days according to the County Prosecutor's Office.

If he has a job, he would get out of jail during the day and return to spend the night. He also has to serve 100 hours of community service.

His wife has pled guilty to a misdemeanor count of false reporting to authorities. Her sentenc is 20 days in jail. She must begin serving it after her husband's sentence ends so the children will have a parent able to care for them.

For more information on legal issues, feel free to contact us.

David Schreiber
Mayerson Schreiber McDevitt, P.C.
610-948-4800
www.mayerson.com

Serving: Pottstown, Phoenixville, Birdsboro, Limerick, Royersford, Gilbertsville, Douglassville, Boyertown, Spring City

Drunk Driver goes on "Joyride" in Philadelphia before being caught

According to the Philadelphia Daily News and Police Reports, a 39 year old male driver was drunk when he drove his minivan after he left a bar in Philadelphia.

Police Reports indicate he rammed his Dodge Van into a 21 year old woman. The drunk driver then drove away from the scene. He then inexplicably drove back to the same parking lot 5 minutes later. He was speeding toward a group of people trying to help the young woman he had hit and injured.

A 23 year old man who was trying to help the injured woman was then hit by the drunk driver's Van. The drunk driver then drove away from the scene a second time. He was arrested by police at his home the same day after being identified by witnesses.

The Philadelphia D.A.'s Office has charged him with counts of attempted homicide by vehicle, driving under the influence of alcohol and aggravated assault.

According to witnesses, the drunk driver had struck a parked car before hitting the young woman. The owner of the parked car exchanged words witht the drunk driver who then punched the man's side mirror. The drunk driver then struck the man's car with his Van 5 times before backing into another car and attempting to leave.

The Pennsylvania Dram Shop Act states that a bar or other establishment with a liquor license will have civil liability to a victim if the bar serves someone who is visibly intoxicated and then that person causes injury or damages. The Law requires that the serving of the visibly intoxicated person must be a legal "cause" of the resulting damages or injuries.

Our firm has successfully represented many victims of drunk drivers and the bars that served the drunk driver. If you would like more information, or need an attorney in this area of law, contact us for free information.

David Schreiber
Mayerson Schreiber McDevitt, P.C.
www.mayerson.com
610-948-4800

Serving: Pottstown, Boyertown, Spring City, Phoenixville, Birdsboro, Douglassville, Limerick, Royersford, Gilbertsville

Pennsylvania Car Accident: Drunk Driver Drives her Car into Day-Care Center

A woman who drove her car into a Pennsylvania day-care center, in late November 2009, full of children has been charged with drunk driving. The car impacted the wall of the day-care center.

Thankfully, no children were hurt, but an employee of Little Sunshines Day Care Center in Port Carbon, Pennsylvania suffered a leg injury.

According to Police Reports, the 36-year-old woman had a blood-alcohol level of 0.14 percent, almost twice the legal limit.

The woman was charged with DUI and careless driving. She claims she was distracted by a puppy in her lap at the time of the Nov. 27 crash.

If you or a family member is injured in a car accident, our firm can help. We have specialized in this area of the law for 47 years.

David Schreiber
Mayerson Schreiber McDevitt, P.C.
www.mayerson.com
610-948-4800

Serving: Pottstown, Royersford, Spring City, Gilbertsville, Boyertown, Douglassville, Phoenixville, Limerick, Stowe

Drunk Driver in Car Accident Crash, Sentenced

A 24-year-old woman will face 5 to 10 years in a state prison as a result of a DUI fatality in 2008. The driver at fault, was driving the wrong way on the Blue Route near Philadelphia in the early morning hours on September 12, 2008. She was allegedly out with friends who lost track of her some time after midnight at a local bar. She had apparently decided to drive home.

She traveled for almost 3 miles going the wrong way on I-476. Witnesses reported they had to swerve to avoid her car. Accident Reconstruction shows she would have passed several signs indicating she was heading in the wrong direction.

The Defendant then collided head on with a 63 year old Pennsylvania resident who died in the accident. The Defendant pleaded guilty to homicide by vehicle while driving under the influence of alcohol. In addition to the 5-1o years in prison, She will serve 4 years on probation and 250 hours of community service.

She was ordered to pay $21,000 in restitution to the victim's family as part of her criminal sentence.

If you or a loved one is the victim of a drunk driver, or a bar that serves a drunk driver, call us with any questions. Our firm has vast experience successfully handling these types of civil cases.

David Schreiber
Mayerson Schreiber McDevitt, P.C.
www.mayerson.com
610-948-4800