In March of 2013 at the Federal Trade Commission’s (FTC) request, a U.S. district court has temporarily shut down a Brooklyn, New York-based operation that the allegedly used deception, threats, and intimidation to induce elderly consumers to pay for medical alert systems they neither ordered nor wanted.

In its complaint, the FTC charges that telemarketers for Instant Response Systems call elderly consumers – many of whom are in poor health and rely on others for help with managing their finances – and try to pressure them into buying a medical alert service that consists of a pendant that supposedly allows them to get help during emergencies.  In numerous instances, Instant Response Systems allegedly has falsely claimed during sales calls that consumers who did not order the medical alert service have, in fact, bought the service and owe the company money — often hundreds of dollars.

The company also allegedly has shipped bogus invoices and unordered medical alert pendants to consumers without their consent, has repeatedly threatened consumers with legal action in order to induce and coerce payment, and has subjected them to verbal abuse.  In addition, the FTC contends that Instant Response Systems has illegally made numerous unsolicited calls to consumers whose phone numbers are listed on the National Do Not Call Registry.

According to the FTC’s complaint, consumers who tried to contact the company to dispute the false charges or find out how to return unopened packages often were unable to reach anyone.  If they did reach a representative, they allegedly faced threats, verbal abuse, and demands that they pay for the product.

Based on this alleged conduct, the FTC charged the company and its principals with making illegal misrepresentations to consumers, violating the Telemarketing Sales Rule by calling phone numbers on the Do Not Call Registry, and violating the Unordered Merchandise Statute by sending consumers pendants they did not order.

Similar scams have now been reported in Texas, Wisconsin and Kentucky. The Michigan Attorney General’s Office has received about 50 complaints about this scam in the past two weeks.  The Better Business Bureau is telling consumers that get similar calls just to hang up the phone, do not press any buttons and if someone does talk to you, be sure to first ask for the company’s physical address. If the representative wants your address but won’t give out its own address, it’s a red flag to a scam.

* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.

In mailboxes across the country, people with Medicare will soon see a redesigned statement of their claims for services and benefits. The new statement will help them better spot potential fraud, waste, and abuse.  Because of actions like these, the number of suspect providers and suppliers thrown out of the Medicare program has more than doubled in 35 states. The redesigned notice will make it easier for people with Medicare to understand their benefits, file an appeal if a claim is denied, and spot claims for services they never received. The Centers for Medicare & Medicaid Services (CMS) will send the notices to Medicare beneficiaries on a quarterly basis.

* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.

As proud and dedicated members of the National Academy of Elder Law Attorneys (NAELA), we are helping to recognize and celebrate May as National Elder Law Month.  Along with hundreds of elder law attorneys across the country, our entire firm focuses our practice on the issues of older individuals and individuals with special needs in order to help them deal with their special concerns.  We also dedicate substantial time to educating seniors, individuals with special needs, and their families in the greater Silicon Valley about the legal matters they care most about and the importance of planning for their future health and legal needs.

As part of National Elder Law Month, during May our firm will be holding the following workshops and seminars at the firm’s offices and around the community:

• Secrets of Long-term Care Planning:   May 7^th & May 14th, at the firm’s law offices
• Spring Client Seminars on The EASE Program (Emergency Advocacy Support & Education):  May 8^th & 16^th, at the firm’s law offices
• Issues of Elder Law, presented as part of the “Should I Stay or Should I Go” series:  May 7^th, at the Los Gatos Recreation Center
• Secrets of Planning for Long-Term Health Care for Seniors:  May 21^st, at the Palo alto Financial Planning Forum, The Sheraton Palo Alto
• Planning for the Second Half of Life:  May 22^nd, at the SVBA Luncheon Meeting, Santa Clara Superior Court

Check out our firm’s website  to learn more about us and how dedicated we are to representing and advocating for older and disabled individuals and their families in our community.

To learn more about National Elder Law Month, visit the National Academy of Elder Law Attorneys (NAELA) website.

* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.

A recent story in the Los Gatos Patch illustrates that elder abuse can occur anywhere, even here in our beautiful little town of Los Gatos in the heart of the highly educated Silicon Valley.  It is a growing problem everywhere.  Certainly, we don’t know why the abuse happened in the particular case that was reported or everything about why it ever occurs.  And, we are struggling as a society with efforts to stop its spread.  But, we do know that help is available for victims.  Concerned people can spot the warning signs of a possible problem and make a call for help if an elder is in need of assistance.  We can start by knowing that elder abuse includes:

Physical abuse, which is the type of abuse we most commonly recognize.  It is the use of physical force that results in bodily injury, physical pain, or impairment to a senior. Examples of physical abuse include acts of violence (such as hitting, beating, pushing, shoving, shaking, slapping, kicking, pinching, and burning), as well as inappropriate use of drugs and physical restraints, force-feeding, and physical punishment of any kind.

Sexual abuse, which is non-consensual sexual contact of any kind. Sexual contact with any person incapable of giving consent is also considerer sexual abuse and includes, but is not limited to, unwanted touching, all types of sexual assault or battery, such as rape, sodomy, coerced nudity, and sexually explicit photographing.

Emotional or psychological abuse, which is the infliction of anguish, pain, or distress through verbal or nonverbal acts. Examples of this type of abuse includes verbal assaults, insults, threats, intimidation, humiliation, and harassment. It also can include treating an older person like an infant; isolating an elderly person from his/her family, friends, or regular activities; and giving an older person the “silent treatment.”

Neglect, which is the refusal or failure to fulfill any part of a person’s obligations or duties to an elder, is also abuse. It typically means the refusal or failure to provide an elderly person with such life necessities as food, water, clothing, shelter, personal hygiene, medicine, comfort, personal safety, and other essentials included in an implied or agreed-upon responsibility to an elder.  It also includes the failure of a person who is responsible for the elder’s finances to pay for necessary home care services and the failure on the part of a care-provider to provide necessary care.

Abandonment, which is the desertion of an elderly person by an individual who has assumed responsibility for providing care for the elder, or by a person with physical custody of an elder.

Financial or material exploitation is the illegal or improper use of an elder’s funds, property, or assets. Examples include, but are not limited to, cashing an elderly person’s checks without authorization or permission; forging an older person’s signature; misusing or stealing an older person’s money or possessions; manipulating, coercing or deceiving an older person into signing documents such as contracts, trusts and a will.

Self-neglect is characterized as the behavior of an elderly person that threatens his/her own health or safety, such as refusal or failure to provide himself/herself with adequate food, water, clothing, shelter, personal hygiene, proper medication, and safety precautions. Certainly we may inflict such abuse on ourselves as our personal choice.  However, when the abuse is the result of incapacity, the court can step in and appoint a conservator to prevent further such self-neglect.

If you are worried about an elder in your family or a older (or other dependent adult) friend or neighbor in Santa Clara County, you can contact Adult Protective Services (408-975-4900 or 1-800-414-2002) to make a report, call 911 if you think it is an emergency situation, or seek the advice of a local elder law attorney, such as our firm.  We can also help seniors protect themselves from future abuse through pre-planning.  Contact us if you have a question or want to discuss your circumstances.

* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.