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Business News

Jones urges House to oppose bill that undermines California security data protections

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Written by: California Department of Insurance
Published: 15 September 2018
SACRAMENTO – This week, California Insurance Commissioner Dave Jones sent a letter to U.S. House of Representatives Ranking Member Maxine Waters and other California members of the Committee of Financial Services, including Representatives Ed Royce, Brad Sherman, and Juan Vargas to express his objections to the "Consumer Information Notification Requirement Act" (HR 6743).

Jones also urged committee members to oppose the legislation in its current form, which he said will undermine California's stronger data security protections and California's ability to protect insurance consumers in this state.

In part, the letter reads:

"HR 6743 would frustrate California's authority on several levels. HR 6743 would not only preempt the existing privacy notification regulatory framework developed over years of experience at the state level, it would also significantly weaken the duties currently imposed on entities transacting insurance in California to protect or safeguard information and to investigate and mitigate following a breach.

“For example, HR 6743 would substantially limit the circumstances for consumer notification of an information breach so that notification is required only when the breach is 'reasonably likely to result in identity theft, fraud, or economic loss.' California law, by contrast, always requires notification to consumers when personal information is reasonably believed to have been acquired by an unauthorized person, irrespective of any subjective judgment as to whether such acquisition is "reasonably likely" to result in theft, fraud or financial harm that may befall the consumer. Additionally, irrespective of whether an insurer is domestic or non-domestic, California law requires insurers and other businesses to notify the Attorney General whenever a breach affects more than 500 California residents. HR 6743 would preempt this requirement and hinder California's ability to monitor information breaches affecting Californians.

“When they entrust their sensitive personal financial and health information to insurers, consumers have a right to expect that their information is secure and that they will be properly notified in the event that information is compromised. I urge you to oppose this legislation that will significantly limit my tools and authority to protect our insurance policyholders in California. Preemptive federal standards in this space will not only weaken existing consumer protections, but may inhibit future enhancements to data security practices and innovation necessary for regulators and companies to adapt to evolving threats."

Better Business Bureau study shows how fake check scams bait consumers

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Written by: Better Business Bureau
Published: 13 September 2018
OAKLAND, Calif. – An in-depth study by Better Business Bureau finds that, while consumers may write fewer checks in this era of electronic financial transactions, fake check scams are on the rise.

Fake checks are used in a variety of frauds, from employment scams to prize and sweepstakes fraud. In all cases, victims deposit the check and send money back to scammers.

BBB warns consumers to be on guard against these serious and pervasive frauds and their perpetrators.

The investigative study, “Don't Cash That Check: Better Business Bureau Study Shows How Fake Check Scams Bait Consumers,” looks at how fake checks dupe consumers.

It digs into the scope of the problem, who is behind it, and the need for law enforcement and consumer education to address the issue.

Scammers often succeed because consumers don’t realize:

– Crediting a bank account does not mean the cashed check is valid. Federal banking rules require that when someone deposits a check into an account, the bank must make the funds available right away – within a day or two. Even when a check is credited to an account, it does not mean the check is good. A week or so later, if the check bounces, the bank will want the money back. Consumers, not the fraudsters, will be on the hook for the funds.

– Cashier’s checks and postal money orders can be forged. A cashier’s check is a check guaranteed by a bank, drawn on the bank's own funds and signed by a cashier. If a person deposits a cashier’s check, the person’s bank must credit the account by the next day. The same holds true for postal money orders. Scammers use cashier’s checks and postal money orders because many people don’t realize they can be forged.

“We have found that people, especially young adults need to understand fake check scams in order to protect themselves,” said Lori Wilson, San Francisco BBB President and CEO. “Scammers rely on consumers misunderstanding their checking accounts in order to trick their victims. Consumers should remember that banks credit consumer accounts before verifying that checks are valid, and should make sure to do their homework with the check’s issuer before accepting it.”

Fake check fraud is a huge problem, with complaints to regulatory agencies and consumer watchdog groups doubling over the last three years.

Fraud employing fake checks is rapidly growing and costing billions of dollars. Fake checks were involved in 7 percent of all complaints filed with BBB’s Scam Tracker. The number of complaints received by the Federal Trade Commission’s Consumer Sentinel database and the Internet Fraud Complaint Center more than doubled between 2014 and 2017.

Based on complaint data trends, the study suggests that there may be over 500,000 victims of counterfeit checks in 2017.

The study found the fraud affects victims of all ages and income levels, but consumers between 20-29 reported being victimized by the scam more than consumers of any other age range.

One St. Louis college student lost hundreds of dollars in a mystery shopper scam using a fake check. After responding to a very professional-looking online job listing for a mystery shopper, he was sent a cashier’s check for almost $2,000. Per instructions, he deposited the check, “mystery shopped” several businesses, and sent $885 to two addresses. His bank informed him later that the $2,000 check was not valid, and he would have to repay the $885 he sent. Although he was able to set up a payment plan to repay it, the loss has been difficult for the local student.

The National Consumers League, which also receives complaints from fraud victims at fraud.org, found that fake checks complaints in 2017 were up 12% and was the second most common type of complaint over all, after online order issues.

Nigerian gangs appear to be behind most of this fraud, often using romance fraud victims and other “money mules” to receive money from victims. Many fake checks and money orders are shipped to the U.S. from Nigeria.

The report recommends:

– Organizations such as BBB and regulatory agencies should do more to provide fake check fraud prevention education.
– With wide-scale use of money mules and others to assist in frauds, it would be useful for law enforcement agencies to work collaboratively to both identify these individuals and to take action to ensure that they end these activities.
– Investigative agencies may need more resources to effectively prosecute fake checks and other widespread frauds.
– Continued law enforcement coordination and training with enforcement counterparts in Nigeria and elsewhere should remain important and should be strengthened.
– Banks and financial institutions might consider more collective efforts to educate their customers about fake check frauds.

What to do if you have deposited a fake check into your account:

– Notify your bank or the bank that appears to have issued the check.

– File a complaint:
Better Business Bureau
Federal Trade Commission (FTC), or call 877-FTC-Help
Internet Crime Complaint Center, or IC3
U.S. Postal Inspection Service
Western Union, 1-800-448-1492 https://www.westernunion.com/us/en/file-complaint.html 
MoneyGram, 1-800-926-9400 http://global.moneygram.com/nl/en/how-to-report-a-problem 
Green Dot, 1-866-795-7597
Canadian Anti Fraud Centre, toll-free from US at 1-888-495-8501

– Victims who are seniors or other vulnerable adults may be able to obtain help through Adult Protective Services, which has offices in every state and many counties. Find a local office at www.elderjustice.gov.

California controller reports state revenues surpass projections for August

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Written by: California Controller's Office
Published: 12 September 2018
SACRAMENTO – For the month of August, California took in more revenue than estimated in the budget enacted at the end of June, State Controller Betty T. Yee reported.

Total revenues of $9.98 billion for August were higher than anticipated in the budget by $1.14 billion, or 12.9 percent.

For the first two months of the 2018-19 fiscal year, revenues are $846.0 million, or 5.4 percent, higher than projected in the enacted budget.

While corporation tax missed the mark for the month of August, personal income tax, or PIT, and sales tax – the other two of the “big three” revenue sources – came in higher than assumed in the enacted budget.

For August, PIT receipts of $5.94 billion were $440.3 million, or 8.0 percent, more than expected.

August corporation taxes of $92.3 million were $74.9 million, or 44.8 percent, below 2018-19 Budget Act estimates.

Sales tax receipts of $3.50 billion for August were $766.4 million, or 28.0 percent, more than anticipated in the FY 2018-19 budget. Most of the variance was due to when the money was recorded.

Caltrans releases 2018 California State Rail Plan

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Written by: Caltrans
Published: 12 September 2018
SACRAMENTO – Caltrans has released the 2018 State Rail Plan – a bold vision for state rail that aims to boost the economy, help reduce greenhouse gas emissions and improve safety statewide over the next 20 years.

“Rail is a key part of the solution for addressing California’s transportation challenges,” said Caltrans Director Laurie Berman. “In this Rail Plan, we lay out the goals and investment strategies necessary in both the short and long-term for improving access, mobility and efficiency for both our passenger and freight rail systems, while also making a major contribution to reducing greenhouse gas emissions related to the transportation sector.”

With a vision to increase passenger rail travel by 92 million passenger miles per day, the 2018 Rail Plan presents a plan for an integrated system that will allow passengers to easily and efficiently transfer from local transit services to regional, intercity and future high-speed rail.

The outcomes described in the Rail Plan will help California achieve its ambitious GHG emission reduction targets, boost the state economy, and potentially eliminate 250 fatalities and 19,000 transportation related injuries per year by 2040.

The passenger vision will create a coordinated, statewide travel system to enhance multimodal access for residents across the state. The vision will allow people to:

– Travel seamlessly across urban, suburban, and rural areas of the state with more trains to more places more often;
– Save time with significantly faster trips;
– Enjoy the journey on modern, safe, clean, and comfortable trains;
– Transfer quickly and easily at hub stations with coordinated arrivals and departures that significantly reduce wait times;
– And plan an entire door-to-door trip and purchase a single ticket using a streamlined trip-planning portal.

The freight vision provides a customer-focused system that will eliminate rail freight bottlenecks on transcontinental trade corridors by investing in dedicated rail freight capacity and passenger improvements that support rail freight movement.

The freight component also supports short line improvements, grade-crossing improvements at a corridor-level to address community safety needs, and integrating as much service as possible.

Caltrans worked extensively with state, regional, and local partners to develop a consensus vision that supports increased efficiencies and connectivity across the state.

The Rail Plan is available at www.californiastaterailplan.com.
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