By Kathryn Carrado

Complaint boards, blog postings, community connecting sites, and individual web sites can be used to post a variety of useful information; but unfortunately they can also be abused to post false or even libelous statements about individuals and businesses.  

With search engine technology that is now state of the art at such sites as Google and Yahoo! Search, your post can be spread around the globe with a reach and frequency that can do irreparable damage.

Often, a valid complaint against a small business can be turned into a war of words and accusations which is waged online by the business owner against the disgruntled customer, in order to try and make that customer look bad.  This obvious and desperate attempt on the part of the business owner, meant to cover up the original complaint, only serves to turn a very negative light onto the business as well as the person managing it.  

If you are a business owner, it is never a good idea to use a counter-attack strategy toward an individual who has filed a complaint against you.  It makes you look bad, and worse, it makes you look guilty.

Larger Corporations can afford to utilize professional Reputation Managers who use search engine optimization techniques, press releases, and other methods to keep their clients looking favorable.  If you don’t have the luxury of being able to afford a Rep Manager, you can still gain the same results by mimicking what they do.  

It’s inevitable that something negative will be printed online about almost every company at some point in time, and the best practice is to issue a simple statement of fact from your perspective, list the ways in which you attempted to assuage the situation, and end it all with a two or three nicely-written endorsements from your other customers.

The best endorsements should contain the contact information for the customer, so that potential clients can follow up to make sure that the endorsements are real.  Don’t invent fake endorsements as this very likely will come back to bite you, and paint you in an even more unfavorable light.

In addition to your response to the complaint, it’s a good idea to create a page on your business site which focuses on the positive aspects of you personally; as well as the features, benefits, and services you provide.  One whole page or more should be devoted to customer testimonials.

You can’t have too many click-able endorsement links.  If a potential client gets tired of reading them, he or she can just stop clicking and go back to your home page; or better yet to your “contact us” page or online order form.

Posting pages of negative personal information about a customer who has complained online about your business only makes you look bad to future clients.  Not only is it a highly inappropriate response; many times it is illegal.

Victims of slander, libel, invasion of privacy, and copyright infringement are starting to fight back against business owners; and they are winning.  Just because you have a business website, it doesn’t mean that you can post whatever you want to on it.  The use of a disgruntled customer’s name and contact information without his or her permission is punishable by law; as is the use of his or her photographic likeness.

The main thing you should remember in responding to an online complaint is to keep everything positive.  Focus on your strengths and the satisfaction of your past customers.  This speaks volumes about who you are and what you do.


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The definition of Lemon Law is when a car that gives you grave problems right after you buy it. The defect must be extensive and must occur within a certain time or mileage period, usually 12,000 miles or one year. Usually People get the option of getting a refund or a replacement vehicle for a lemon, but they might have to go to arbitration or court to exercise this option.

Lemon Law refers to the statement from the government which is created to protect clients or customers from defects in automobile. An automobile that has manufacturing defect(s) or requires constant repairs after purchase and if the automobile is under the period of warranty, then the vehicle is termed as a lemon.

If any vehicle such as a car is under warranty period and is suffering from a range of faults that prevent a user to use the vehicle effectively then Lemon law act or the Magnuson Moss Act comes into force.

Lemon law can be enforced on any vehicle be it car, truck, van, SUV, motorcycle, boat or computer, etc. If any of these consumer durables is found to be defective then the consumer is entitled for either money back, replacement or a cash settlement. The law can be consulted with a Lemon law attorney as various states have different lemon laws. Some states have a lemon law for only the automobiles but some also include other consumer durables.

A dealer or manufacturer should have made number of attempts to repair the vehicle before being declared as lemon. Usually three or more attempts in row over a short period of time are required for any vehicle to be termed as lemon. Lemon law is also valid to vehicles that have been resold and are still under warranty.

To make certain whether a vehicle is a lemon or not one should study certain conditions of the vehicle before pursuing a lemon law suit. A vehicle should exhibit some serious defect or some abnormal condition. Number of attempts for repair should also be taken into account before preparing a lemon law suit. A written notice should also be issued to the manufacturer prior to a lemon law suit.

A vehicle that has been bought back by the manufacturer from the customer is known as a Lemon Buy Back. They are then often sold in auctions as used cars by the manufacturers.

The Lemon law enforced for protecting consumers from the lemon vehicles is Magnuson-Moss Warranty Act. This lemon law states that any advertised guarantee should explicitly state relevant information about a warranty. This law ensures that any warranty for goods above $15 should be clearly expressed on the goods and should be clear and easy to understand. The Magnuson-Moss Warranty act enables a consumer to bring suit to any manufacturer, supplier, warrantor, or service contractor for any defective piece of good or services.


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Depression, Anxiety, Worry and Fear have become the “common cold” of personal health challenges, and one source estimates that it disrupts the lives of 30 to 40 million Americans. Some people say it’s all in your head but if you have it, you know it’s very real to you.

The biggest challenge to depression and other emotional issues is the ‘answer.’ You need to understand the three-fold nature of man.

1) He is a Spirit

2) He lives in a body

3) He has a Soul i.e., his mind, will and emotions

So what can a MD doctor do for you?

He has little to no training in all three areas so generally speaking he listens to his pharmaceutical sales reps advice and tells you to pop a pill. Not a bad band aid but hardly a real life long solution.

What about counseling?

If the person giving the counseling does not understand all three areas, at best you can get partial healing.

What about your pastor’s help?

We all need and love pastors. But, sadly, pastors suffer at the same rate of depression (sometimes more) as the general population. Chances are a few bible verses about all things working together for the good of those that love God and are called to His purpose are not going to get to the heart of what you’re going through.

Depression is too complicated to solve with a single pat answer. But try these on for size:

Develop a multi faceted approach. This is important since it’s affecting the three-fold-nature of who you are. Avoid being alone. Force yourself to be with people. When you pick people to be with, choose uplifting positive people. Stay away from the drama kings and queens. Look at your physiology. That means your breathing patterns, your eye movement, your energy level and your speech patterns. Find someone that can teach you how to change this. It will work wonders. Sing. Music can uplift your spirit as it did for King Saul (1 Samuel 16:14-23). Lean heavily on the power of God’s Word. Meditate on the psalms. It heals your soul.

Depression is a complex area, and severe problems of depression deserve the attention of someone that can get you real results. DO NOT GIVE UP HOPE! You can come out of this and feel better about life than ever before if you just find the right help.

Free, private assistance is available – Find out more on Life Coach Michael Besson’s services and how he can help you personally.


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The growing Medicare shortfall in Washington has many politicians looking for ways to bridge the funding gap. As a result a new law, effective July 1, 2009, has been enacted which requires liability insurers (which include carriers who write CGL policies, auto policies, homeowners’ policies and those defendants who are self-insured such as supermarkets) to determine and report whether a claimant is covered and is entitled to Medicare benefits. If the claimant received Medicare benefits during their treatment for the injury, Medicare is holding out both hands to make sure they get 100% reimbursement, despite the comparative negligence of claimant.

This new law will pose new challenges for plaintiff’s attorney, the insurance carrier for the defendant and the mediator who is attempting to resolve the claim. If the attorney or insurance carrier does not comply, they risk being sued by the Government for reimbursement up to five years post-closure and monetary fines.

What is the new law?

On December 29, 2007, President George Bush signed into law the “Medicare Medical, and SCHIP Extension Act of 2007.” The new legislation amends the Medicare Secondary Payer Act (MSA) by establishing new reporting guidelines beginning July 1, 2009. Under the new rules, all liability insurers, and self-insurers will be required to determine whether any individual who files a claim against the insurer or any entity insured or covered by the insurer is entitled to Medicare benefits. If so, the insurer must provide Medicare with that individual’s identity and any other information that maybe required under the law. This information must be furnished to Medicare within the time specified by after the claim is resolved through settlement, judgment, award or other payment (regardless whether or not there has been an admission or determination of liability). If an insurer fails to notify Medicare in accordance with these guidelines, a civil penalty of $1,000 per day will be charged per claimant. The new legislation clearly indicates a shift in policy which will result in the federal government monitoring general liability claims more closely. The fines represent a new enforcement push by Medicare to hold attorneys and insurers liable.

What does it mean for Plaintiff’s Attorney?

Plaintiff’s attorney will begin to take a closer look at the case he or she accepts. The attorney should change the client intake form to ask very comprehensive health related questions, whether the client is entitled to Medicare, how long has he been on Medicare, which type of Medicare and whether the claimant has used Medicare to obtain treatment for his/her injuries. The client should be advised in detail about the new Medicare Recovery Act and that Medicare is looking for 100% reimbursement, not taking into account if there is any comparative negligence. The client should be told there is no hiding from Medicare because it will be notified upon a settlement or judgment and the lien may take months if not years to resolve.

Think twice before accepting a small personal injury case involving Medicare recipients where liability is disputed. A settlement amount will have to cover Medicare charges up to 100%, attorney fees and provide money for the plaintiff. If that type of recovery does not seem likely consider rejecting the case.

However, Baby Boomers are increasing and may be a good part of an attorney’s personal injury practice. It is estimated that in the next couple of years, approximately 25% of the Country’s population will consist of baby boomers who are Medicare recipients. If the claimant has undergone limited treatment using Medicare and needs additional treatment, consider advising the healthcare provider to bill plaintiff directly or consider finding a doctor who will take the treatment on a lien. This way a Medicare lien will be avoided or at least a very minimal lien incurred. If liability is undisputed, have the medical provider bill the insurance carrier directly.

What if the attorney has a case where Medicare has a substantial lien? If it is before July 1, 2009, consider settling the claim before that time. If you cannot, again advise the client of the new Medicare Recovery Act and the reporting requirements.

If there is a settlement and Medicare does not know about it and mistakenly pays for services it has a right to recover, it can go after the attorneys whose fees are paid out of the settlement. Also the Medicare recipient can lose his or her benefits. Lawyers could be exposed to malpractice claims for not handling a client’s benefits properly. Insurers can be liable for monetary fines for failure to report. If a plaintiff loses his Medicare benefits, the plaintiff may bring a legal malpractice claim against the attorney and a bad faith claim against the insurer for not making sure Medicare benefits were protected.

After July 1, 2009, makes sure the claim is settled for an amount that will cover the Medicare lien. It may be possible to comp the lien, but do not count on it. In making settlement demands, assume that you will pay Medicare 100% reimbursement in what is paid out. Make sure all charges refer to the injuries that your client sustained. Medicare will not be speedy to resolve these claims, so discuss with the client about holding the amount in a trust account until the CMS lien is resolved rather than disbursing the entire amount owed to plaintiff.

It is unknown whether plaintiff’s attorney will have to worry about set asides calculations for future medical care and submit them to Medicare for approval. Currently, there is no formal process of liability settlements for future medical care.

Finally, negotiations with the liability insurance carrier will become more difficult. They will demand information about your client, such as social security number, so that they can comply with the requirements and avoid fines. Also, even though Medicare may ignore the comparative negligence issues, Insurance adjusters will take the position that despite Medicare’s 100% reimbursement, it will not pay 100% of the medical bills. An insurance carrier will not want to increase the cost of a claim and stand firm on its position.

This new law will pose challenges for the plaintiff’s attorney who is attempting to resolve the claim. The key is to be aware of the Medicare Reimbursement Act, and to prepare the parties prior to a settlement of the barriers that the Medicare Recovery Act may present.


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The Tampa Bay area is home to several law schools including Stetson University and the Florida Metropolitan University (several other options are available for pre-law studies including Eckerd College and the University of South Florida); however, the process of admissions for these graduate programs are very similar to other law schools, therefore becoming a Tampa attorney is largely dependent on certain criteria. This criterion includes a high grade point average throughout you undergraduate program, a strong score on the LSAT (Law School Admissions Test), convincing and impressive written recommendations, and usually the successful completion of a series of interviews with the admissions department.

The LSAT is a lengthy examination that all law schools across the United States has developed in order to clearly define the abilities of diverse and unequally educated individuals from all over the world. By having all applicants take the same test and answer the same questions, each school can competently and confidently classify those individuals seeking admission. While there is not magic number that automatically denies an applicant admission, there is a score that all accepted individuals averaged. Last year that score was one hundred sixty-six, or in the seventy-fifth percentile. This means that, on average, to be considered for acceptance you have to score better than seventy-five percent of those who took the test. To put it another way – only twenty-five percent of those who take the LSAT proceed to law school.

The next most important thing that most schools consider is your undergraduate transcript and grade point average. While the American BAR Association does not delineate any particular undergraduate major, it is recommended that you chose a major that enhances certain occupational skills including analytical thinking, problem solving, excellence in written and oral communication, and attention to linguistic detail. However, it is usually suggested that you chose a major you have a strong interest in. Individuals usually find it easier to maintain a high grade point average if they enjoy the topics they are studying.

Like the LSAT scores, there is no hard and clear number that automatically guarantees success or promises failure when law schools consider the GPA of a future Tampa attorney. Again, however, there is an average of those who have been accepted into a law program and that average is 3.85 on a four point scale. This is better than an A- average throughout your undergraduate career. It is, therefore, very important to do well in all of your classes – even one slip up and mean the difference between acceptance and denial.

 All things being equal between two similar applicants, most law schools turn to written recommendations and ultimately admission interviews. Recommendations should be concise (rarely longer than one page typed) and should be written by the most academically impressive individual you can find. A college professor who is well known or well written, a dean of a university, or any other relevant persons is a strong choice. Remember the emphasis should be placed on the quality of the recommendation and not the quantity. Shoot for two or three strong individuals instead of dozens of recommendations from all of your professors.

Some schools impose an interview process before admission is granted. This may only involve the admissions office, but more likely would involve the president of the school and other board members. It is designed to see how an individual reacts under pressure and also how well spoken they are.

Law Schools are not easy to get into. Therefore they use a tough method to chose those individuals who are most likely to succeed.


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Cannot make your monthly debt payment? Understand your different options so you can avoid late charges, increased interest rate and avoid lowering your credit score.

Not being able to pay to pay the minimum balance happens to people very often. It is likely that his could happen to you if you have an unexpected large expense for the month or an unforeseen circumstance arose that drained your funds temporarily. If this happens to you, the worst thing you can do is to not do anything. Failing to address the issue in the current month can lead to the following problems:

Monthly Late Charges

Increased future rate

Getting the late or missed payment reported to the credit bureaus and therefore lowering your credit score

Decrease your future ability to make on time payments

How to avoid these problems

Call your credit card company or specific debt company you deal with and explain your situation and make them aware that it is a one time thing and let them know when you expect to be able to pay. This will work most of the time, if you have not done it consistently in the past.

If you can’t get an extension, talk with your employer and try to get a cash advance on your paycheck to meet your credit card deadline.

If you feel comfortable enough to ask friends for the money that is sometimes a good solution for temporary help.

See if there is another bill that can wait another month in order to get the credit card paid off first, because not paying the credit card most likely has more negative site effects than not paying some other bills.

If you find that you are consistently unable to make the payments on time then it would be good for you to consider credit counseling. A credit counselor will be able to help you manage a monthly budget, or will negotiate with current creditors about your current rates and payments to lower your overall monthly cost.

Try to keep maintain good standing with your creditors and take the necessary actions needed to address the issue as soon as possible because this will save you thousands in the long run by maintaining a better credit score, keeping your interest rates down, and eliminating late fees.

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