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The Storm After the Storm: Scam Contractors Who Prey on Those Suffering After a Natural Disaster

‘The key is to get a lawyer to look at the contract before you sign it,’ Baylor legal expert says WACO, Texas (Oct. 11, 2018) – Following a natural disaster or strong storm like Hurricane Michael, there is usually a second wave of potential destruction – scam artists looking to line their pockets. “After any major weather-related incident, insurance adjusters and contractors swarm the affected area and, unfortunately, some are looking to take advantage of those in distress,” said Stephen Rispoli, L.L.M, J.D., assistant dean of student affairs and pro bono programs at Baylor Law School. As an attorney, he works with victims of insurance scams. Rispoli said most contractors are legitimate businesspeople helping neighbors rebuild. But there are the unscrupulous ones whose practices inflict financial and emotional pain on people already suffering from storm damage. “The primary result of these scams is financial loss,” Rispoli said. “The homeowners may pay much, much more than they should have to fix the damage, sometimes having to pay multiple contractors for the same work. Sadly, in some cases, homeowners could even lose their homes.” In this Q&A, Rispoli shares some tips to help those reeling from storm damage identify and avoid scammers. Q: Who are the most common victims? A: The most common targets are those in distress following a major storm, the elderly and the disabled. Q: How will scam artists approach a potential victim? A: Usually, contractors will approach homeowners they know have been affected. This happens as simply as the contractor driving through neighborhoods looking for damaged homes. Let’s say, for example, they see a damaged roof with a homeowner standing outside looking at it. They’ll quickly pull over and offer to tarp the roof to prevent damage. The homeowner, already distressed by the storm and the damage to the house, agrees. Once the tarp is on, the contractor then starts asking questions about insurance coverage, which insurance company has insured the house, and helpfully offering his or her opinion on how much it will cost to fix the damage. Unscrupulous contractors will try to take advantage of this situation by pressing the homeowner to sign a contract with them. I have even seen cases where the contractor left all the blanks in the form contract unfilled, including the work to be done and the price, saying things like, “Don’t worry about that, we’ll talk to your insurance company and get it all taken care of, just sign it.” Once the unscrupulous contractor has a signed contract, they can fill in the blanks at their leisure. At this point, they are in total control – they know how much the insurance company will pay, and they can try to squeeze the homeowner for more money by charging too much or with add-ons that may or may not be necessary. Q: What are some of the potential losses victims can suffer? A: Financially, victims could lose money by paying more – sometimes much more – than they should for repairs. Or, in extreme cases, they could even lose their homes. That could happen if the homeowner signs a contract with the contractor that contains a mechanic’s or materialman’s lien provision. Under these provisions, contractors can file a lien with the county for work done on the house to ensure payment. If the homeowner does not pay the contractor the amount owed under the contract, the contractor can seek to foreclose on the house to recover the amount owed. Q: What about dealing with the insurance company? A: It’s important that you cooperate with your insurance company and your adjustor. Call your insurance company as soon as you can. Waiting to file a claim may make the process take longer or complicate matters. You should be responsive to their requests, but don’t be afraid to ask questions if you have them. Be sure to take photographs of any damage or evidence of the storm if it’s safe to do so. After your initial conversation with your insurance company, the company will send an adjustor out and will give you a quote. However, after you’ve had two or three contractors come out and give you estimates, if the adjustor’s quote looks too low, don’t be afraid to ask for another adjustor to come out and give you a quote. You should feel comfortable with the process as you move forward. Q: Is it illegal or unethical for contractors to file liens? A: It is not necessarily unscrupulous for contractors to include a mechanic’s or materialman’s lien provision in the contract. Generally, creditors cannot foreclose on a person’s homestead in Texas. The purpose of a mechanic’s or materialman’s lien provision is to protect the contractor should the homeowner wrongfully refuse to pay for work done on a homestead. On large jobs where several thousands of dollars are at stake, the contractor may rightfully want to make sure that they can be paid for the job. Whether they are appropriate can only be decided on a case-by-case basis. Q: Are there red flags people should look for when presented with a contract? A: Do not sign a contract you are not comfortable with. There are several red flags to look for: pressure to sign a contract, giving you little time to think about it, refusing to let you take the contract to a lawyer, and asking to collect the money directly from the insurance company or pressuring you to give them the check from the insurance company. Q: How do people know if the repair costs presented to them are too high? A: Be sure to get written estimates from several (at least three) contractors. By getting three estimates, you’ll have a better idea of how much the repair should cost. Any estimates that are way lower or way higher than the others are good indications that something is off. If that happens, get another estimate from a different contractor. Do not be afraid to ask contractors to come give you an estimate. It is a normal part of their job, and good contractors will not mind taking the time to do it. Q: How do you know if a contractor is legitimate? A: Do your homework on the contractors. Ask for references and call them, and check with the Better Business Bureau. Be cautious when dealing with contractors who are not from your area, and extra cautious if they are not from Texas or will not provide local references. Q: Contractors often ask for upfront money, don’t they? A: Once the contract is signed and the work begins, be sure to control the money. The contractor will likely ask you to pay some of the contract up front so that they can begin to purchase materials and hire the crew to work on your repair. Try to pay as little as possible. You do not want to give them the bulk of the money up front, because then the incentive to get the job done quickly is diminished. After the job starts, ask the contractor to give you, in writing, progress reports when they ask for more money. Do not pay more than the progress report. Do not give the contractor the final payment until all the work is done. Q: If someone feels they’ve been taken advantage of, are there legal steps they can take? A: The key here is to get a lawyer to look at the contract before you sign it. Once the contract is signed, it will be difficult for a lawyer to undo the damage. If the contractor is trying to foreclose on the home using a mechanic’s or materialman’s lien, a lawyer may be able to save your home. There are several Texas Constitutional and statutory protections for homeowners. If the contractor did not strictly follow the steps necessary to properly attach a lien, a lawyer may be able to keep the foreclosure from happening. ABOUT BAYLOR UNIVERSITY Baylor University is a private Christian University and a nationally ranked research institution. The University provides a vibrant campus community for more than 17,000 students by blending interdisciplinary research with an international reputation for educational excellence and a faculty commitment to teaching and scholarship. Chartered in 1845 by the Republic of Texas through the efforts of Baptist pioneers, Baylor is the oldest continually operating University in Texas. Located in Waco, Baylor welcomes students from all 50 states and more than 80 countries to study a broad range of degrees among its 12 nationally recognized academic divisions. ABOUT BAYLOR LAW SCHOOL Established in 1857, Baylor Law was one of the first law schools in Texas and one of the first west of the Mississippi River. Today, the school has more than 7,400 living alumni. It is accredited by the American Bar Association and is a member of the Association of American Law Schools. Baylor Law has a record of producing outstanding lawyers, many of whom decide upon a career in public service. Baylor Law boasts two governors, members or former members of the U.S. House of Representatives and the U.S. Senate, two former directors of the FBI, U.S. ambassadors, federal judges, justices of the Texas Supreme Court and members of the Texas Legislature among its notable alumni. In its law specialties rankings, U.S. News & World Report ranked Baylor Law’s trial advocacy program as one of the top 5 in the nation. Baylor Law School also is ranked No. 50 in the magazine’s 2019 edition of “America’s Best Graduate Schools.” The National Jurist ranks Baylor Law as one of the “Best School for Practical Training” and No. 4 in the nation in its most recent “Best Law School Facilities” listing. The Business Insider places Baylor Law among the top 50 law schools in the nation. Baylor Law School received the 2015 American Bar Association Pro Bono Publico Award, making it only the third law school in the nation to be honored with the award since the award’s inception in 1984. Learn more at baylor.edu/law.

Bigly: the effect of Trump's rhetoric on national security

Going against the findings of his own intelligence community, President Donald Trump has called Russian meddling into the 2016 U.S. presidential election a “hoax.” In a recent turn of events, though, the president accused China of interfering with the midterm elections. Has President Trump’s rhetoric on the intelligence community and hesitancy to hold Russia accountable influenced countries, such as China, to also try meddling in U.S. elections? “If people and foreign officials start believing President Trump’s rhetoric, there is a possibility, that we will face issues of doubt and trust concerning U.S. policy and commitments,” said Craig Albert, an expert in U.S.-Russian security affairs, director of the master of arts in intelligence and security studies and associate professor of political science at Katherine Reese Pamplin College of Arts, Humanities and Social Sciences at Augusta University. “Also, President Trump’s rhetoric helps prop up Vladimir Putin as being equal in stature to the leader of the free world and gives Kremlin and Putin greater credibility with Russian citizens and the near abroad.” Midterm elections are on the horizon, and Putin will continue election meddling regardless of Trump’s actions or rhetoric, Albert said. “Russia, under Putin’s leadership, will continue to increase its cyber activity against all sectors of the U.S., including and especially into the cognitive hacking of our electoral process,” he said. Cognitive hacking is when fake sources are used to spread fake news on social media. The success of Russia’s meddling in the 2016 election is emboldening other actors, like China. “Non-state actors like ISIS and Al Qaeda feel empowered to engage in both cognitive and source hacking in order to shift American public opinion,” Albert said. “We already believe China and Iran have engaged in similar operations. It won’t be long before ISIS utilizes the same type of intelligence operations because they are low risk, extremely high reward operations. Albert is available to discuss: • How President Trump’s rhetoric affects the U.S. intelligence community • How Trump’s apparent support for Russia empowers Putin and the Kremlin to continue meddling into U.S. elections • How Russia’s actions are emboldening other non-state actors • Why Trump’s denial of Russian meddling into U.S. elections can further damage U.S. relations with its allies Contact us to schedule an interview with Albert or to learn more about his expertise. Source:

Latest push in fake news is pushing fake experts

During the 2016 presidential election, hundreds of fake sources used social media to spread fake news. Many of these posts were traced back to the Internet Research Agency, a Russian troll farm that used social networks to create divides among Americans and influence the election. This is known as cognitive hacking and is the real scandal of the 2016 election, said Dr. Craig Albert, director of the Master of Arts in Intelligence and Security Studies program and associate professor of political science at Katherine Reese Pamplin College of Arts, Humanities, and Social Sciences at Augusta University. Fake sources using social media to spread fake news are often able to reach a large audience who may never realize the stories are false, Albert said. In some instances, entire organizations and groups have been created under false pretenses and have had millions of social media followers. “When so many people see fake news on their newsfeeds, they become a product of their belief in a fake story,” Albert said. “So, a fake story controls their opinions.” Now, Russia is taking fake news a step farther. The newest trend is creating a false persona to push fake news on U.S. news organizations. “They will have an expert create a story, and they will create credentials and a website to give credibility to this individual,” Albert said. “When media outlets try to ascertain the credibility of a person they typically visit the individual’s website or look at their resume. It appears legitimate, so the source is validated, and news outlets run the story.” In many cases, though, these are false stories by individuals with fake credentials. Albert calls this source hacking. Dr. Albert is an expert on American politics and political philosophy. He has experience with all forms of local and national news organizations and is available to speak to media regarding cognitive and source hacking. Contact us to schedule an interview with Dr. Albert or to learn more about his expertise. Source:

Is America’s economy about to learn a very hard lesson regarding student debt?

1.5 trillion dollars. That’s an enormous amount of money. And it’s the anchor around the next generation of Americans who have student debt. In fact, we’re now seeing people declaring bankruptcy before they’ve actually started accumulating wealth and participating in the economy. All of this spells bad news for the future. But what can be done? Is this a problem for politicians to solve? Is it up to schools to the schools charging thousands per year in tuition? Do lenders need to be regulated? Or should the onus fall on the student’s themselves who sign on the dotted line for loans they already know will be hard to pay back? There are a lot of questions out there and that’s where the experts from Cedarville University can help. Kim Jenerette is the Executive Director of Financial Aid at Cedarville University and is an expert in student debt, student load default rates and the overall affordability of education. Kim is available to speak with media regarding this growing issue. Simply click on his icon to arrange an interview. Source:

Do Cell Phones Cause Cancer? Ask a UMW expert

UMW Associate Professor of Biology Deb O’Dell was recently featured on “Do Cell Phones Cause Cancer?” which began airing Saturday, Aug. 18, on the With Good Reason public radio show. The program, broadcast in Fredericksburg on Radio IQ 88.3 Digital at 2 p.m. Sundays, explores O’Dell’s research on the possible carcinogenic effects of one of America’s favorite gadgets. Her results – she found that a single 25-minute exposure can significantly alter the activity of genes for up to 48 hours – “surprised and alarmed” her. “You don’t use your cell phone once every two days,” O’Dell told With Good Reason host Sarah McConnell, who said she was “amazed” by the research. “What I’m afraid of [is] that these changes are not being permitted to go back to their original state … but rather, by continually activating them, we’re causing them to change persistently and that could then lead to changes in how cells reproduce themselves leading then, maybe, to tumors.” Questions surrounding the safety of cell phones and the effects of the radiation they emit have long loomed large. O’Dell has spent years – and involved several UMW students – researching this phenomenon. If you are covering this topic and need to know more – Dr. Deborah O'Dell is available to speak with media. Simply click on her icon to arrange an interview. Source:

Why Trump revoking Brennan's security clearance changes the game

Press Secretary Sarah Huckabee Sanders began the August 15 press briefing with an announcement: President Donald Trump had revoked former CIA Director John Brennan’s security clearance. Brennan served under President Barack Obama from 2013-2017. Since the 2016 presidential election, Brennan has been a staunch opponent of Trump and is known for expressing his opinions about the president on social media. Trump explained his decision by citing Brennan’s behavior and commentary on social media and accused him of colluding with Russia and profiting off U.S. secrets. Brennan denied the claims and many critics, including both republicans and democrats, called the decision “unprecedented” and “authoritarian.” Are the critics’ right? Dr. Craig Albert, Director of the Master of Arts in Intelligence and Security Studies and associate professor of political science, says the decision is highly unusual. Generally, Albert said, an individual’s security clearance is revoked for security reasons or for conviction of a felony. “Although President Trump gave reasons for the revocation of Brennan’s clearance, it seems rather clear that the personal distaste between the two played a part in the decision,” he said. A scholar of political science and political philosophy, Albert said it’s possible that this decision was intended to set a precedent, especially since Trump has discussed revoking security clearances from other former government officials. “Usually, clearance is revoked for specific crimes, financial hardship, moral turpitude or the clearance just runs out and is not renewed,” Albert said. “This seems to have more to do with personal animosity than any of the typical reasons.” Dr. Albert has experience with all forms of national and local news organizations and is available to speak to media regarding this issue. Simply click on his icon to arrange an interview. Source:

Understanding Trump’s ‘transition tax’ and who wins and who could lose (a lot)

Last December President Donald Trump signed into law sweeping tax reforms – some which had a purpose of discouraging multi-billion-dollar corporations from parking their money outside of the United States. The goal was to incentivise or encourage American-based companies like Apple and Amazon to keep profits local and ideally taxable in the United States. But the impact of these new laws is trickling down and hurting a lot of people. It seems anyone with dual citizenship or any American with interests in Canada may be vulnerable. And for some it is costing a lot of money that’s due very soon. So how much are companies expected to pay? Who is expected to pay and who will be impacted the most? As well, when it comes to taxes – that often means a windfall of new revenue for governments. Is it just Washington that will benefit or will the coffers in Ottawa see some money too? Tax laws are not an easy topic to understand. There are loopholes, complexities and levels of accounting that are beyond most people’s grasp. But that’s where the experts from Freelandt Caldwell Reilly LLP can help. Ed Reilly, Managing Partner and co-founder of Freelandt Caldwell Reilly LLP practices in the areas of tax and owner-managed businesses. To contact Ed directly, simply click on his icon to arrange an appointment regarding this topic. Source:

Understanding the meaning of America’s monuments

As the debate continues with what to do with Confederate monuments that dot America’s landscape, the experts from the University of Mary Washington have been lending perspective, knowledge and opinion to the conversation. Professor of Geography Stephen P. Hanna is part of a team of scholars from universities across the South who are investigating how enslavement is incorporated in the landscape and narratives of Southern plantation museums. A key part of this work is to suggest ways these museums can rework their tours and exhibits to help the public understand that slavery was central to both the lives of everybody who lived at these sites and to the development of American political and economic systems. Says Hanna: “A year after white supremacists rioted in Charlottesville, it is clear that the underlying issues related to racial justice have not gone away. African-Americans face arrest for simply being in places where whites suspect they don’t belong. Police are more likely to escalate their use of force more quickly when dealing with black Americans. In addition, both Blacks and Latinos are fighting efforts to make it harder for them to vote while Latino Immigrants have to fear deportation and family separation.” He continues: “The struggle over Confederate Memorials and the narratives presented as “history” at southern plantation museums must be seen within this context. The good news is that more people understand that statues of Robert E. Lee and costumed tour guides at plantation museums describing a romanticized version of the antebellum South don’t represent our shared past. Instead they are efforts to write a particular history that denies that our nation’s roots include enslavement of African-Americans and that slavery’s legacy includes the injustices non-whites endure today.” Dr. Hanna is available to speak with media regarding this topic. Simply click on his icon to arrange an interview. Source:

We Need to Normalize Mental Health Care in the Black Community

I am a PhD, a book author, a professor at USC. I work with organizations to create healthier and happier workplaces by reducing stress and building emotional resilience. And yet, until very recently, I have been reluctant to share my own story. It is a story of mental illness, recovery and resilience, a story of bipolar disorder. And I have been hesitant to share it because I did not want to experience the stigma associated with mental illness. I used to joke that I didn’t want to be the embodiment of “the nutty professor,” but the joke stopped being funny when the stigma against mental illness -- particularly in the black community -- negatively impacted my professional and personal life. In previous roles, I learned that it wasn’t acceptable for me to have a mental illness in my professional setting, and that it definitely was not okay to talk about it. My competence was questioned, even though I no longer had symptoms and was given a clean bill of health from my psychiatrist, and I was asked to not ‘out’ myself as having bipolar disorder to my students. That is why I’m sharing my story publicly: I hope to inspire my students to fight their way through their own mental health challenges. Even with all my degrees, even with my understanding of the healthcare system, finding affordable and accessible mental health services has often been a challenge for me. Even though I know what it’s like to have supportive family, friends and colleagues, and a fantastic healthcare team, I have struggled. These experiences have inspired my activism and advocacy for a world where using mental health services is no different than getting care for any other illness. Let me start with a little-known statistic: African Americans are 20 percent more likely to experience serious mental health problems than the general population, according to the Office of Minority Health. And yet: only about 25 percent of African Americans seek mental health care as compared to 40 percent of whites, according to the National Alliance on Mental Illness. The reasons for this discrepancy are plentiful: lack of health insurance, distrust of mental health care system, misdiagnosis of symptoms, lack of cultural competence, and stigma. Addressing these challenges for African Americans entails three parts: taking care of our mental health should be acceptable, accessible and affordable. Allow me to explain. Click the news article to read more. Source:

The impact of behavioral bias on decision-making

For business leaders, the ability to make critical decisions in a dynamic work and industry environment is essential to the success of an organization. However, Diwas KC, associate professor of information systems & operations management, and coauthors Francesca Gino (Harvard U) and Bradley R. Staats (UNC) note that behavioral traits can sometimes impact the ability to weigh new information and make a logical decision, even in the face of negative news. KC, Gino, and Staats analyze 147,000 choices made by cardiologists during a six-year period when they were presented with negative news from the FDA about drug-eluting stents used in angioplasty. The experienced cardiologists were more likely to continue using the questionable stents than their less-experienced peers, even after being informed of the problem. The role of influence also played a factor in the decision-making. They add, “Given that those who feel they are expert are less likely to react to negative news, those around them show the same tendency, thus making worse decisions than those in groups with less perceived expertise.” The seasoned cardiologists were better able to “generate counterexamples to the negative news and thus be susceptible to confirmation bias.” The authors note managers should be aware that more experience and the perception of expertise may bias decision-making. Source: