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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.

Backstage Racism is now Frontstage Racism

The disgusting and stereotypical diatribe illustrated by Carla Maloney, secretary of the Republican Committee of Beaver County, Pennsylvania is an example of blatant racism. There are no psychological or debating maneuvers one could use to arrive at any other conclusion. Comparing Black athletes to baboons and utilizing the old, "go back to Africa," make her perception of Blacks crystal clear. Picca and Feagin, in Two-Faced Racism: Whites in the Backstage and Frontstage, assert that, depending on company, Whites shift when discussing racists perceptions, ideology, jokes, and etc. Further, Whites in general feel more comfortable discussing their racist rhetoric when around other Whites. But in mixed company (racially), these tendencies almost never come to light. I argue that President's Trump's comfort to dive into historically founded racist waters has given courage to those who normally utilize backstage racism, to come forward and dive in as well. Backstage racism has now disappeared. Those normally displaying cowardly behavior are embolden to speak their unbridled true souls. Source:

Former U.S. Attorney Available to Discuss Fallout for Trump Administration in Light of Cohen Plea

Wheaton College Professor David Iglesias, a former U.S. Attorney in New Mexico whose areas of expertise include federal prosecutions, is available for interviews regarding the fallout for the Trump administration in light of Michael Cohen’s guilty plea in federal court on 8 criminal counts, including violation of campaign finance laws. “President Trump is now in a place few presidents have ever been,” Iglesias says. “At this point, he is basically an unindicted co-conspirator to federal crimes.” “I wouldn’t call it the beginning of the end, but it’s certainly the end of the beginning.” Iglesias is an associate professor of politics and law and director of the Wheaton Center for Faith, Politics, and Economics. He can discuss topics including: -The process of presidential pardons -How federal prosecutors treat indicted persons who cooperate with information concerning the crimes of other persons, and the quid pro quo for getting an individual to cooperate with law enforcement -Guilty pleas, hung juries, and sentencing in federal court -Impeachment (What Iglesias calls “the nuclear option for removing a sitting President of the United States”), the process, and why it has happened so rarely in U.S. history -Whether a sitting president can be indicted for crimes -The importance of the rule of law (Why is America the world leader for holding all accountable for their actions? What message is being sent if wealthy and powerful people can avoid criminal exposure for their actions?) -Watergate as a precedent, and similarities/differences with the current situation -Rules of federal investigations (How do federal agencies conduct investigations? What is public and what is non-public? Why are prosecutions that are considered "political" so dangerous for law enforcement?) To request an interview with Professor Iglesias, e-mail Wheaton College Director of Media Relations LaTonya Taylor at latonya.taylor@wheaton.edu. Source:

Adults need vaccines too? You bet. Find out why.

Back to school for kids also means time to get those immunizations up to date. But did you know that most adults, age 50 and older, may also need a few important vaccines as well? August is National Immunization Awareness Month, and what better time to check with your physician to see what vaccines may be appropriate for your age. “One of the most important immunizations for adults to have each year is the Influenza vaccine,” said Dr. Jose Vazquez, Chief of Infectious Diseases at Augusta University and AU Medical Center. “In elderly or older adults, in particular, the flu can turn deadly very quickly.” There was a was a high severity of the H3N2 influenza strain with record-breaking levels of influenza-like illness and hospitalization rates, according to the Centers for Disease Control and Prevention. “We hope to save more lives through appropriate and timely flu vaccinations,” Vazquez said. Furthermore, vaccines are necessary throughout our lives. Adults should keep their vaccinations up to date because immunity from childhood vaccines may wear off over the years. Other factors that can influence the need for different vaccines in adults include the individual’s underlying health conditions, career, lifestyle, and travel habits. Other important adult vaccines include Tdap (tetanus, diphtheria, and pertussis), pneumococcal (pneumonia prevention), and shingles. “Immunizations have proven to be very safe, and they are widely available. I recommend asking your primary care doctor about what vaccines you need to promote better health and prevent communicable diseases,” Vazquez said. To schedule an interview with Dr. Jose Vazquez, click on his expert profile. 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:

Liberals' best hope for a new swing vote is... John Roberts?

As Brett Kavanaugh, 53, readies himself for a series of heated Senate Judiciary Committee hearings, many have questioned who will take up his mentor’s mantle on the Supreme Court. For three decades Justice Anthony Kennedy was arguably the most powerful figure in Washington, D.C. Famed for his ability to vote across party lines. Kennedy, who announced his retirement in June, helped shape some of the biggest landmark decisions of the past decade—most notably on the issue of same-sex marriage and LGBTQ rights. As a replacement, Kavanaugh is unlikely to be as magnanimous with his votes. But will that alter the Court’s direction? Only a little, said Dr. Martha Ginn Ginn, assistant dean of the Pamplin College of Arts, Humanities, and Social Sciences and associate professor of political science, said Kennedy’s most likely “successor” is already a fixture of the Court: Chief Justice, and occasional swing voter, John Roberts. “Roberts will likely become the Court’s ‘swing vote’ now that Kennedy’s out,” Ginn said. “While Roberts may move a little more to the center as result, the overall shift will be more conservative.” A scholar of constitutional law and the Supreme Court, Ginn said the Court’s rightward movement won’t be quite as monumental as pundits have proposed. After all, Kennedy’s votes weren’t always left-leaning. In his last term, he sided with his liberal colleagues not once. “I think one point that is getting lost is that Kennedy was, for the most part, a conservative and voted accordingly,” she said. “There were certain issues where he was more likely to join the liberal wing, most prominently LGBTQ rights, but he voted with the conservative justices the majority of the time.” Kennedy’s retirement will certainly shift the Court toward the right, Ginn added, but “not to the same degree as if Ruth Bader Ginsburg retired or died in office.” Meanwhile, as the non-chaos of a Kavanaugh confirmation plays out, Roberts stands to gain as the Court’s new wildcard. Ginn said Roberts’ latest ruling, that law enforcement agencies must obtain warrants to use cell tower data, is a good indication of how he’ll vote as part of a post-Kennedy Court. “I think the role of Chief Justice Roberts becomes even more significant in a Kennedy-less Court and that hasn’t been given much attention,” she said. “I think both sides are forgetting that Roberts is a bit of wild card too when it comes to voting on very consequential cases. The one that comes to mind most Source:

Who is protecting the children?

As a health care provider and patient advocate, I know that one of the worst things you can do is to radically separate children from their parents and from the rest of their family. The immigration ordeal is beyond tragic. Worse yet, now there is a chance that children may never be united due to faulty record keeping and a rush to keep a deadline. Parents may be forced to leave the country without their children. In my opinion, the detained children are being treated like criminals. Who is consenting for these DNA samples on behalf of the children? It seems to me that collecting DNA from minors without due cause or having legal consent from parents on file would be illegal and violating basic constitutional rights. Collecting DNA to compensate for a faulty record keeping system is not a valid reason to violate the rights of others. Violating policies and protocols in an attempt to rush to meet a deadline is beyond reprehensible. It is obvious that this decision was not well thought out. It is tragic that parents were separated from their children. It is unconscionable that the government would be taking advantage of the vulnerabilities of children and their parents – all for the sake of a political agenda. There exists the possibility that many of these children will grow up never seeing their parents or other family members ever again. Source:

No net neutrality means no safeguards

The FCC's net neutrality ends today. Changes may not be drastic, at least at first, but since they will likely be slow, consumers won't realize the effect until it's too late, says Johannes Bauer, chair of MSU's Quello Center and professor in the Department of Media and Information. “Under the framework taking effect today, Internet Service Providers (ISPs) are free to differentiate services as long as they are transparent about it," Bauer says. "I do not expect any immediate and drastic changes, such as the blocking of websites or the throttling of legitimate traffic. Some of the newly gained freedom is desirable, as it will allow experimentation with new business models. It may gradually result in more price and quality differentiation, such as lower prices in exchange for slower access speeds and higher, guaranteed service quality for specific services such as high quality videoconferencing or interactive gaming. This is already happening in ways that are not fully transparent to consumers. What is new is that the local access provider now also has more freedom to experiment. In the past, providing higher capacity access was cheaper than differentiation of services which requires additional network management efforts and costs. One concern is that the present framework does not put any safeguards into place that would prevent unreasonable discrimination. Appeals to the Federal Trade Commission (FTC) will likely be slow and the ability of the agency to resolve disputes has not been tested in network neutrality matters. Another concerns is that many of these changes will happen gradually and not be noticed by consumers and other observers until some major unexpected and undesirable effect is visible.” Source:

U.S. isn't equipped to bust fake news - but Europe is

The U.S. has been rocked over the last two years by claims that the Russian government directly attempted to meddle in the 2016 presidential election. Thomas Holt argues the current campaign being waged against the U.S. is serious. He says it merits a response from a trusted source. Although there are fact-checking websites in the U.S. like Snopes, a threat of this magnitude requires more than just citizen-run or private organization-operated programs. "A government effort to combat fake news would provide citizens with information about the scope of information warfare. It would also create a clearinghouse about fake news that can inform not only the public, but also government agencies and policy-makers. There is no current effort of this sort in the United States." "It may seem odd to propose that the government run its own campaign to clarify what is real and fake online. But I believe it is necessary in an era where individuals may not be able to fully separate fact from fiction, and legitimate news sources from the disreputable. An effort like this is not government censorship of the news – or even of fake news. It is government fighting false information by providing context, analysis and facts." Source:

Make America Safe Again

Dear President Trump, In response to the numerous school shootings, Please re-consider your agenda and work to make the educational system safe for our children. Consider allocating funding to allow for the following: *The placement of police sub-stations in middle and high schools that are in at-risk neighborhoods and studying the effect of police presence on the culture of safety. *The creation of school-based mental health clinics run by nurse practitioners and social workers. This will allow at risk and troubled youth to have immediate access to interventions and services. *The ability for community-based researchers to work pro-actively with schools to creatively solve the issue at the local level. Pass federal legislation addressing the minor consent to treat laws for mental health issues. In Washington State, where I live and practice, minors over the age of 13 can consent to mental health treatment without parental consent. The goal isn’t to take the healthcare decision making authority away from parents, the goal is to get youth the help they need before something tragic happens. Appoint a special task force or committee consisting of educators, healthcare providers, lawyers, social workers, and anyone else who directly works with at risk youth. I believe that the solutions will come from these committees. Submitted to POTUS May 19, 2018 Source: