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AG Zoeller, Missouri AG’s Office host 3rd annual No Call Summit focused on new efforts to stop unwanted calls

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Zoeller: While new technology to block calls emerges, so too does technology to scam

INDIANAPOLIS, Ind. – Indiana Attorney General Greg Zoeller and the Missouri Attorney General’s Office kicked off their third-annual No Call Law Enforcement Summit today in Indianapolis, focusing on new efforts to stop unwanted calls that continue to harass consumers.

Bringing together consumer protection experts from across the country, the goal of the summit is to share best practices, information on new technologies and innovative law enforcement techniques to reduce unwanted calls.

Unwanted calls and robocalls remain the most common type of consumer complaint made to the Indiana Attorney General’s Office. On average, the AG’s Office receives new Do Not Call and robocall complaints at a rate of 48 complaints per day. If this rate continues, the number of Do Not Call and robocall complaints could exceed 17,000 in 2016.

The YouMail National Robocall Index (YNRI) recently estimated that 2.3 billion robocalls were made in the U.S. in the month of January 2016 alone.

“It has been a long, tireless battle to help protect Hoosiers’ privacy by working to stop unwanted calls that pester, intrude and all too often scam people,” Zoeller said. “Unfortunately, there is no easy solution. As technology improves to stop these calls, so too does technology used by scammers to evade detection. The good news is government, law enforcement, industry and entrepreneurs are coming together to find new strategies to combat these frustrating, costly and time-wasting interruptions.”

At the urging of Zoeller and Missouri Attorney General Chris Koster along with several other state attorneys general, the Federal Communications Commission (FCC) last year declared that federal law does not prohibit phone carriers from blocking robocalls and robotexts before they reach residential landlines or cell phones. This ruling cleared legal hurdles that some say were preventing the phone carriers from offering call-blocking services. After this ruling, Zoeller led 45 state attorneys general in a letter to five major phone carriers, urging them to utilize their capabilities to take action on call-blocking.

“In Missouri, we are escalating our efforts to end unwanted and illegal telemarketing calls, even filing lawsuits in federal court where the telemarketers face higher penalties of up to $16,000 per violation. When law enforcement and private industry work together to support and offer technologies that arm consumers to protect their privacy, we can make an even stronger impact,” Attorney General Chris Koster said. “It is critical that law enforcement seize upon opportunities such as the No-Call Law Enforcement Summit to discuss the challenges and share best practices in combating this issue.”

Since the adoption of this rule, efforts to block unwanted calls have emerged.

Zoeller’s office created a call-blocking reference sheet to inform the public about available options and encourage development of new options. The non-exhaustive reference sheet outlines different call-blocking applications and information about each option, including who is able to use it, the cost, benefits, weaknesses and how to obtain it.

Entrepreneurs from PrivacyStar, WhitePages, Inc. and Call Control Technologies participated in the Summit today to discuss their new innovations to help consumers stop unwanted calls.

But as new technology has emerged, so have new scam trends aimed at victimizing consumers.

The Internal Revenue Service (IRS) imposter scam exploded onto the scene and quickly became the top telephone privacy complaint received by the Indiana AG’s Office in 2015, with 1,700 complaints received last year and more than 1,000 complaints received so far this year.

The IRS imposter scam uses fear tactics to convince people they owe the government money. These scammers can spoof Caller ID to make it look like the calls are actually coming from the government agency. Hoosiers lost $65,000 to IRS imposter scammers last year. Nationally, it has cost consumers $15.5 million.

“The best advice I can give to consumers to avoid scams like the IRS scam is don’t use caller ID to verify a caller’s actual identity.  And, if anyone ever calls you and demands immediate payment for anything, especially if they ask you to pay by wire transfer or gift card, hang up.  Legitimate callers will never engage in such nefarious tactics,” said Bikram Bandy, FTC, Do Not Call Program Coordinator.

Zoeller continues to push for laws that crack down on unwanted calls. Just this month a federal court issued a ruling that was a  big win for Hoosiers’ telephone privacy rights, upholding Indiana’s comprehensive ban on automated robocalls to peoples’ phones without their consent.

Zoeller is also urging Congress to pass the HANGUP Act, which would reverse a new law allowing debt collection robocalls to cell phones.

“Crooks are increasingly using robocalls to rip off vulnerable consumers with the latest scams,” said Tim Marvin, the End Robocalls campaign manager for Consumers Union, the policy and advocacy division of Consumer Reports. “Consumer education can play an important role in helping the public avoid getting ripped off, but it’s only part of the answer. The phone companies need to empower their customers to protect themselves by providing free tools that block robocalls from reaching their homes.”

Participants in this year’s No Call Law Enforcement Summit included representatives from the Federal Communications Commission, Federal Trade Commission, the U.S. Department of Justice, multiple state attorney general offices, the Canadian Radio-Television and Telecommunications Commission, representatives of the telecommunications industry, consumer advocacy groups and business entrepreneurs.

Zoeller reminded Indiana residents to sign up for Indiana’s Do Not Call list, which helps to deter unwanted sales calls and text messages, by visiting www.IndianaConsumer.com or calling 1.888.834.9969.

People who are registered on the Do Not Call list and receive an unwanted call can file a complaint by visiting www.IndianaConsumer.com or calling 1.888.834.9969.

WE NEED TO DO MORE FOR HOOSIER VETERANS

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By John Gregg, Democratic Candidate for Governor

As the former president of Vincennes University and Speaker of the Indiana House of Representatives, I have come to know personally hundreds of Hoosier veterans and I, and all Hoosiers, have deep respect and gratitude for their service. I was pleased to see that the Indiana General Assembly recently passed a number of bills related to Hoosier men and women who have served or are currently serving in the military and their families. However, as I talk to veterans around the state I hear that these bills do not address the major issues faced by our veteran’s community and while Indiana will always be a patriotic state, we can and must do more for our military families.

Hoosier veterans are a resource that we must do a better job of cultivating. Veterans are motivated, hardworking and bring unique skills to our state. They should be at the very heart of our efforts to strengthen the economy, revive our state’s manufacturing sector and adapt to a globalized 21st century marketplace economy. Currently, Indiana is ranked 46th in the nation for veterans receiving the benefits they earned—primarily because of not knowing what benefits are available or how to access them. A recent survey also ranked Indiana dead last, 51st in the country, for military retirees. This survey was based on three metrics: “economic environment,” “quality of life” and “health care.”

What does this all mean?

It means that veterans are leaving Indiana. Between 2013 and 2014 Indiana saw a 65 percent increase in the number of veterans who left for other states. We must turn this around. We need to get serious about working to attract and retain veterans in Indiana and, as Indiana’s next governor, I will make this a top priority of my administration.

So how do we do this?

Many, if not most, of the benefits veterans earned during their service are federal benefits so first and foremost, as governor, I will work with our members of Congress and federal administration officials to make sure they understand the needs of Hoosier veterans. Currently, Indiana based Veterans Administration claims have an average wait time of 226 days, the 8th poorest performance in the country. This is simply unacceptable. I will urge our federal representatives to enact innovative approaches like full “freedom of choice,” which could allow veterans to access private health care services closer to home. It just doesn’t make sense that veterans in Northwest Indiana have to waste an entire day traveling to Chicago to see a doctor because that is the closest VA hospital. We should be able to find better, more efficient and convenient ways to serve them.

Here in Indiana we need to do a number of things. The Indiana Department of Veteran’s Affairs must do a better job of reaching out to veterans and do more to support our county veterans service officers—the folks that are on the front lines of helping Hoosier veterans access their benefits. Indiana should create state level veterans service officers to support county officers who are stretched thin by high caseloads. We should support organizations like the Veterans of Foreign Wars and American Legion who take it upon themselves to help their fellow veterans when county service officers are unable. We also need to make sure there are more women veteran service officers who understand the specific needs and benefits associated with Indiana’s 35,000 women veterans. Increasing the amount of benefits received by our veterans by just 10 percent, a completely reasonable number, would inject more than $853 million dollars into the Hoosier economy.

We will also eliminate the current duplication of job placement services being offered by both the Indiana Department of Veterans Affairs and the Indiana Department of Workforce Development.  We will take a look at what’s working in the current system and strengthen it, and reform what’s not working, so that our job placement programs are able to better address the specific needs of our veterans and highlight the unique skills that they offer Indiana employers.

Finally, Indiana must do a better job of addressing the health and safety needs of veterans including working to reduce veteran’s homelessness and making the prevention of veteran suicide a priority. I will create a dedicated veteran suicide hotline and we will make sure that local officials are trained on how to address emergency situations and recognize the warning signs of suicide or family crisis.

If I am honored to serve as the governor of this great state, I pledge that every morning when I wake up I will say, “Our veterans have served us, are we doing everything we can today to serve them?” Over the coming weeks my team and I will continue to sit down with Hoosier veterans, learn about their needs and, then, lay out my vision for how we make Indiana the most pro-veteran state in the country.

Veterans Peer Support Outreach PSA-Public Service Announcement 

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Who We Are: The Veterans Peer Support Outreach (PSO) Peer Support Outreach

Established: November 2015,

Mission: We do not leave anyone behind, but we help each other adjust to coming back home. 

Location: Veterans Peer Support Outreach (PSO) meeting are located at: Indiana National Guard Armory.

Off the Lloyd Expressway 3300 E. Division Street Evansville IN

Group Meets: Every Tuesday Night from 5:00 P.M. – 7:30 P.M. or 1700 hours until 1930 hours

Service Support: Each Thanksgiving season the Veterans Peer Support Outreach will continue to provide a full course Thanksgiving

Home Cooked meal for the men and women at the Riverwalk Communities that so faithfully

feel to join us at the table, even door to door delivery is available if they’re unable to attend.

Yearly Supporter: We also will continue to support the Riverwalk Communities Antique Car’s and Sock Hop Event and more,

while providing volunteer cooking participation each year.

Upcoming Special Event: Veterans Peer Support Outreach will be hosting its second PTSD Awareness Family Training Conference’ 

Free: To all soldiers, families and communities.

Date: April 30, 2016, 

Time: 1:30 PM until 5:30 PM

Extend To: All Veterans Group Supporters, National Guard, American Legions, 

 

Softball travels to Indiana State

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Aces set for three games in Terre Haute

  The University of Evansville softball team looks to make it four series wins in a row as the Purple Aces make the short trip to Terre Haute for a 3-game set this weekend.

On Saturday, a doubleheader will begin at noon ET with the final game on Sunday also set for a noon ET start.  Evansville is 6-1 in its last seven conference games and has turned a 2-8 mark into 8-9 in a matter of two weeks.  The streak is the best for UE in the MVC since winning six out of seven in 2002.  That streak saw UE win 9 out of 11 leagues games in March and April of that year.

UE’s freshman class was stellar on Tuesday as the Aces swept a doubleheader on the road at Southern Illinois.  In game one, Morgan Florey pitched a complete game one-hitter and struck out nine Saluki batters in a 1-0 win.  Florey needed just one run and Kristin Koepke delivered.  In the top of the sixth inning, Koepke hit her second home run in three games to put the Aces on the board

Florey handled it from there, sitting down SIU in order to give the Aces the win.  Evansville jumped right on top in game two, plating a pair of runs in the top of the first inning.  After the Salukis scored single runs in the first and second frames, the score was tied at 2-2 until the top of the 6th.

Courtney Land laid down a perfect squeeze to score Tess Hupe as the Aces hung on for the 3-2 win to even their overall record at 20-20 and stand at 8-9 in Missouri Valley Conference play.

Indiana State sits at 13-27 overall and 7-8 in league play.  A dangerous Sycamore squad is led by pitcher Taylor Lockwood, who threw a no-hitter earlier this week and has given up just two runs in 21 innings of work since returning from injury.  Offensively, Alexa Cavin has a .361 average while Brooke Riemenschneider is hitting .344 with a team-high 33 hits and nine doubles.

 

Governor Pence Announces Distribution of $505 Million to Local Governments

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Part of Governor’s Agenda for Additional Infrastructure Funding

Indianapolis – Governor Mike Pence today announced that local governments will receive $435 million in Local Option Income Tax (LOIT) distributions that can be used for transportation infrastructure maintenance for counties, cities, and towns as part of Senate Enrolled Act 67, which was signed into law on March 23, 2016. Additionally, other local units of government will receive $70 million for deposit in their rainy day funds.

“Here in the Crossroads of America, roads mean jobs. In this past session of the Indiana General Assembly, we committed to bringing significant new funding for local governments with regard to transportation infrastructure, and I thank our legislators for their leadership on this issue,” said Governor Pence. “I was pleased to sign into law SEA 67 and today, these funds will now be available in communities throughout Indiana.”

The state is distributing the $505 million to counties today. According to SEA 67, the state must make this special one-time distribution to local governments before May 1. County auditors must distribute these funds to their local government units before June 1.

In his State of the State Address, Governor Pence outlined a plan to provide more than $1 billion in new funding to preserve and maintain state and local infrastructure. In addition to SEA 67, Governor Pence also signed into law HEA 1001, which provides for additional state infrastructure maintenance funds, while also fully funding the Regional Cities Initiative.

Sewing Guild meeting

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The Tri-State Chapter of the American Sewing Guild will meet Tuesday April 26 at McCollough Branch Library’s Community Room on Washington Avenue east of Washington Square Mall.
The program will be presented by Shirley Biehl  of Dale IN.  She will illustrate how a simple Cafatan housecoat  pattern can be changed  to a tunic top by changing the material used. She will be bringing the pattern and samples to give ideas  on how the same  pattern looks with different fabrics.
Doors open at 5:30 with meeting and program from 6-7:45pm.  Visitors are welcome. For more information call 812-476-5686  or email Evansville@asg.org.

Prevent Child Abuse Awareness Presentations in Evansville April 25

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Presentations to improve community awareness and education about child abuse prevention.

Monday

April 25, 2016

9:00am – 12:00pm General public/foster parent presentation

1:00pm – 4:00pm    Professional presentation with Continuing Educations Credits available

IVY Tech Community College

https://www.ivytech.edu/

3501 N 1st Ave

Evansville, IN 47710

Snacks will be provided for both sessions by Ft. Branch Catering Group.

More information and resources are available on the DCS April Prevent Child Abuse Awareness web page:www.in.gov/dcs/preventchildabuse

How are you help prevent abuse and neglect?

  • If you suspect abuse or neglect, please call the Indiana Child Abuse and Neglect Hotline at 1-800-800-5556.
  • Reach out to parents that you know and offer a hand or emotional support.
  • Volunteer time to programs that help parents.
  • Let all of the children in your life know that that they can depend on you.
  • Advocate for community services to help families.
  • Report suspected child abuse or neglect.
  • Consider becoming a foster parent.

Indiana Department of Child Services

The Indiana Department of Child Services protects children from abuse and neglect and works to ensure the financial support of children. Indiana Child Abuse/Neglect Hotline: 800.800.5556. Child Support Customer Service Kidsline: 800.840.8757 or 317.233.5437. www.in.gov/dcs

Our Partners

Prevent Child Abuse Indiana is dedicated to preventing child abuse and neglect, and is committed to making Indiana a better, safer place for Indiana’s most precious resources – our children. http://pcain.org/

Indiana Child Advocates (Court Appointed Special Advocates or CASA) These volunteers are carefully trained, appointed by the court and supported by program staff so they can advocate for the child’s best interests and help them have a safe and permanent home as soon as possible.http://www.childadvocatesnetwork.org/

 

 

LAW DAY 2016 by Jim Redwine

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Gavel Gamut

By Jim Redwine

(Week of 25 April 2016)

LAW DAY 2016

HIGH SCHOOL MOCK TRIAL AND 

COURT OF APPEALS ORAL ARGUMENT

FREE: PUBLIC IS INVITED

Friday, April 29, 2016 at 9:00 a.m. in the Posey Circuit Courtroom

The Posey County Bar Association led by its President, Attorney William Bender, will join with Posey County’s two high schools, the Indiana Court of Appeals and the public in celebrating Law Day 2016.

The Mock Trial will involve the high school students led by their teachers. Posey Superior Court Judge Brent Almon will preside and a Jury comprised of Posey County attorneys will decide if two computer companies should be forced to break into the iPhones of private citizens. The Mock Trial fact pattern was published in this column last week.

After the Mock Trial a three-judge panel of the Indiana Court of Appeals will hold oral argument on the appeal of Lockhart vs. State. Jerome Lockhart was convicted of rape and sexual misconduct with a minor. He is appealing his conviction on several grounds. He claims his constitutional right to a trial by a jury of his peers was violated when the only African American potential juror was stricken from the jury by the prosecutor.

This “Batson Challenge” is based on the United States Supreme Court decision in the case of Batson vs. Kentucky, 476 U.S. 79 (1986). In the Batson trial there were only four African Americans on the venire, the list of potential jurors. The prosecuting attorney struck all four using peremptory challenges. Mr. Batson appealed citing the Equal Protection and Due Process clauses contained in the Fourteenth Amendment to the United States Constitution.

The U.S. Supreme Court agreed that to strike potential jurors merely because of their race was unconstitutional. If one side of a case wishes to strike such a juror, the attorney who exercises the strike must establish there was a “race neutral” reason for the challenge. A race neutral reason might be a criminal record or drug use or prejudice for or against one side.

On April 29, 2016 in the courtroom of the Posey Circuit Court Mr. Lockhart’s attorney, Ronald Smith, and Deputy Attorney General, Monika Prekopa Talbot, will try to convince the judges of the Indiana Court of Appeals (John Baker, Melissa May, and Mark Bailey) their legal position is correct.

This important issue should be both interesting and informative. The public is invited to observe and listen.

Hot Jobs in Evansville

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FIFTH THIRD CENTER-EVANSVILLE - Evansville, IN
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Hoosier Client Connections - Evansville, IN
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Applebee’s | Apple Central, LLC - Evansville, IN
Advanced Disposal Services, Inc. - Evansville, IN
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Berry Plastics Corporation - Evansville, IN
Arthur Wright and Associates - Evansville, IN
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Aramark - Evansville, IN
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Whayne Supply Company - Evansville, IN
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Goodyear - Haubstadt, IN

COA: Federal statute supersedes state one

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IL for www.theindianalawyer.com

The Indiana Court of Appeals ruled a federal statute supersedes a state one regarding the time period in which to sue and thus reversed a decision from the trial court which denied a company’s motion to dismiss a claim against it for breach of contract.

In April 2011, Kennedy Tank Manufacturing Co. hired Emmert International to transport a piece of commercial equipment for $200,000 plus additional expenses Emmert might incur during move. However, Emmert had a number of unforeseeable problems and ended up with additional expenses of almost $700,000 which Kennedy declined to pay.

Emmert sued Kennedy for breach of contract or unjust enrichment. Later, Kennedy moved to dismiss on the grounds Emmert did not bring the action within the 18-month limitations period set forth in 49 U.S.C. Section 14705(a) which it said superseded Indiana’s 10-year limitation period. The trial court said the 10-year period applied.

The COA said the federal 18-month limitation should apply. While Indiana hasn’t ruled on the preemption of the federal limitation, other courts have, and always ruled when a state limitation was longer than a federal one, the federal one should rule. The COA said that should be the case in Indiana as well, and reversed the trial court decision.

Judge Patricia Riley partially dissented in the decision. She agreed the federal statute preempts Indiana’s state statute, but disagreed with how the court majority resolved Emmert’s estoppel claim. Emmert claimed even if the federal statute applied, its claim should not have been dismissed because Kennedy should be estopped from asserting the statute of limitations as an affirmative defense. Riley said even though Emmert’s argument was devoid of any cogent reasoning and that Emmert technically waived its argument, she thought the issue should be determined on its merits.

“Because the trial court ruled in Emmert’s favor – i.e., it denied Kennedy’s motion to dismiss on its finding that 49 U.S.C. Section 14705 does not preempt the relevant statute of limitations – the trial court did not address Emmert’s estoppel claim in its order. As there is nearly $700,000 at stake in this case, I would remand with instructions for the trial court to conduct further proceedings and make a factual determination as to whether Kennedy should be equitably estopped from asserting a statute of limitations defense.”

The case is Kennedy Tank & Mfg. Co. Inc. and Hemlock Semiconductor Corp. and Hemlock Semiconductor LLC v. Emmert Industrial Corporation, d/b/a Emmert International, 49A02-1507-CT-934.

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