Tag Archives: consumer protection

Sarelson Law Firm Files Rape Suit

May 7th, 2012

Sarelson Law Firm has a filed a rape suit against the Okeechobee County Sheriff’s Office  for repeated acts of coercive rape.

Our plaintiff, Dawn Morris Willis, has undergone a series of horrors at the hands of Florida law officials. It started when Willis was pulled over for suspicion of drunk driving. The officer on duty, Deputy Tommie Joe Brock, said he would not arrest her if she agreed to have sex with him. She agreed, but the unlawful coercion did not end there. Deputy Brock continued to rape and batter Willis over a period of eight months.

For the first half of the eight–month period, Brock raped Willis 10-15 times while she was serving as a confidential informant for ongoing investigations. Serving as a CI and submitting to Brock sexually was in exchange for lesser sentencing for Willis, as well as favorable treatment for her husband, who was incarcerated at the time.

The second half occurred while Willis was detained at the county jail. Brock repeatedly arranged for her to be transported to his office so he could rape her. During one of these visits, Willis’s father was in poor health. Brock said she could call him if she performed oral sex on Brock. Witnesses reported seeing Willis crying as she was escorted back to her cell.

Willis reported Brock’s behavior to the police, who did nothing. She then reported it to the FBI, and the FBI agent determined that Willis’s testimony was credible and true. DNA evidence, as well as a confirmed call from Brock’s office to Willis’s father’s nursing home, supports her case. Video surveillance shows her being transported from the jail to Brock’s office.

Like our work with consumer protection and class action lawsuits, we are proud to stand up for an individual who has been wronged by an establishment. Brock was terminated following Ms. Willis’s FBI testimony, but he deserves more for what he did to our client.

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Protect Yourself on Social Networks

April 27th, 2012

Social networking companies like Facebook, Twitter and LinkedIn know a lot about you. In order to protect yourself from malicious attacks from other corporations, proceed with caution when using these sites. Here are a few things to think twice about when interacting with social media sites.

  • Full name is not required

You may have noticed a trend among your Facebook friends recently: a middle name or initial removed, a last name changed to a middle name or a completely fake name where a familiar moniker used to be. This is not just a unique form of self-expression – it is a form of consumer protection. This way, advertisers and potential employers will not know too much about them, and strangers cannot find them.

  • Do not list an address or phone number

Unless you want your identity stolen, do not include personal information like an address or phone number on a public profile.

  • Allow selective access

Plenty of Facebook quizzes seem like innocent fun, but keep in mind what you are agreeing to when you click the “Allow Access” button. A study by the University of Virginia revealed that 90 of the most popular 150 Facebook apps access parts of your profile it does not need in order to run. The app developer could be a scammer in disguise, and you just gave him or her permission to view your info and make posts on your behalf.

Use caution when using social media sites. While they can be fun, too much information about yourself plays right into the hands of those looking to take advantage of the platform.

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Apple Prepares Defense in “Bait App” Class Action Lawsuit

April 25th, 2012

A lawsuit between outraged parents and Apple is moving forward. Last year, parents were horrified to find that their children had rung up hundreds of dollars in fees to the Apple App Store. It turned out that games and apps that were labeled as free contained in-game upgrades that cost money.

One such game called TapFish requires users to either earn gold coins to buy fish food for a virtual aquarium or pay real money to get the food. Most of the time a window pops up asking for a password before a financial transaction can take place, but these “bait apps” had a 15-minute window where the user (a child, in this case) could instantly purchase the food without entering a password.

Several parents with charges between $99 and $338 filed suit against Apple. A California federal judge consolidated the series of claims into a class action lawsuit.

Apple has removed the 15-minute window, but they are not out of the woods yet. It filed a claim for the case to be dismissed, U.S. District Judge Edward Da Vila said that Apple may have violated consumer protection laws when they labeled the apps as free. Apple will file its defense on May 24.

The major issues at play: whether in-app purchases constitute transactions, how much of the purchasing process is covered by the Apple terms of service and whether or not minors should be held to the same contract law standards as adults.

The 15-minute window without password protection seems deceptive, especially since most of the apps in question were geared exclusively to kids. Parents with smart phones and tablets should take extra precautions themselves to make sure their kids only use free features in these apps. There are features and apps that create additional password boundaries to prevent this kind of thing from happening.

Sarelson Law Firm – Miami litigation attorneys

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