Consumer Protection

Settlement Requires Increased Consumer Assistance and Ten Years of Free Credit Monitoring

SACRAMENTO – California Attorney General Xavier Becerra today announced a nationwide settlement against Equifax resolving allegations that the credit reporting agency improperly exposed the personal information of 147 million consumers, including 15 million Californians, after a massive data breach in 2017. The breach occurred after Equifax failed to apply a critical software fix and implement security measures that would have protected and encrypted consumers’ data. Data exposed by the breach included names, Social Security numbers, birth dates, addresses, and in some instances, driver’s license numbers. Equifax did not disclose the breach, which lasted from mid-May through July 2017, until September 2017. The settlement requires Equifax to pay up to $425 million into a restitution fund for affected consumers, pay another $175 million to states in penalties, and offer additional benefits like credit monitoring and consumer assistance for eligible consumers. In addition to other robust injunctive terms, Equifax must implement and maintain critical data security enhancements.

“On top of holding Equifax accountable for one of the most devastating data breaches to face our nation, we have now recovered hundreds of millions of dollars to help our families who fell victim. Equifax, one of only three major credit reporting agencies, had a responsibility to secure and protect Americans' data. Instead, it breached public trust,” said Attorney General Becerra. “Our credit status impacts nearly every aspect of our lives – from purchasing a home or a car to finding a job. The same Americans who had to immediately protect themselves from fraudsters or identify thieves will have to be vigilant for the rest of their lives. We encourage every eligible person to apply for the relief they are entitled to as part of our settlement.”

Affected consumers may get more information about the $425 million restitution fund by going to www.equifaxbreachsettlement.com or calling the settlement administrator at 1-833-759-2982. Eligible consumers may receive cash reimbursement for time or money spent trying to avoid or recover from fraud or identity theft because of the breach, as well as limited reimbursement for payments for Equifax credit monitoring or identity theft protection subscriptions. Eligible consumers may also receive free credit monitoring services for a period of up to ten years, or, alternatively, a cash payment for buying a different credit monitoring service. 

This settlement is a result of collaborative efforts by a multistate coalition led by Attorney General Becerra. This settlement is also related to the settlements announced today by the Federal Trade Commission, the Consumer Financial Protection Bureau, and private litigants as part of a class action lawsuit. In addition to the restitution and credit monitoring provided by the settlement, Equifax will pay $175 million in penalties to the states, including more than $18.7 million to California, to support continued oversight and enforcement of consumer protection laws.

As part of the injunctive terms of the settlement, Equifax agrees to:

• Create a consumer assistance process responsive to claims of identity theft that includes affirmative assistance to consumers:
• Make reasonable efforts to reduce its use and storage of consumer Social Security numbers, including when using a Social Security number to authenticate consumers;
• Adhere to ban on profiting from data collected in connection with the breach or the remedies provided under the settlement;
• Comply with requirements related to its collection, maintenance, and safeguarding of consumer personal information;
• Implement and maintain a comprehensive and rigorous Information Security Program to protect the security of personal information; and
• Employ a Chief Information Security Officer and additional staff, who will report directly to the company's executive team, to oversee information security within each of the company's business units.

In addition to Attorney General Becerra, other Attorneys General participating in this settlement include Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, Wisconsin, Wyoming, and the District of Columbia. Also joining are Texas, West Virginia and the Commonwealth of Puerto Rico.

A copy of the complaint can be found here. The final approved judgment can be found here.

SACRAMENTO - California Attorney General Xavier Becerra today announced the recovery of over $1 million for California as part of a multistate settlement against health insurer Premera Blue Cross (Premera). The settlement resolves allegations that the health insurer violated state and federal privacy laws arising from a 2014 data breach. The settlement was the result of a multistate investigation and includes $10 million in civil penalties, of which California will receive $1,002,814. It also includes significant injunctive terms requiring Premera to implement reasonable security to protect consumers’ personal and medical information and to maintain a compliance program.

“Consumers who entrust their health information to companies deserve security in return. Companies have a responsibility to protect consumers’ private information, especially sensitive health information,” said Attorney General Becerra. “Premera’s failure to protect the private information of millions of patients is unacceptable. This settlement should send a strong message to companies with loose data privacy practices: it doesn’t pay to cut security corners.”

The settlement stems from a data breach that was publicly announced in March 2015, where the personal information of 10.5 million consumers, including 400,000 Californians, was breached. The data included the consumers’ names, Social Security numbers, bank account information, medical information, and health claims-related data. Attackers gained access to patient data by sending fake, targeted emails to Premera employees. These emails contained malware that allowed the attackers to spend months compromising Premera’s inadequately-secured network.

The multistate investigation found that the company lacked basic data security, failed to monitor its network for malicious activity, and disregarded experts’ warnings of security flaws. In addition, it failed to limit access to sensitive information, allowing employees without business need to access the information.

The settlement resolves allegations that Premera violated each state’s consumer protection and medical information laws, as well as the federal Health Insurance Portability & Accountability Act (HIPAA), which established national standards and safeguards to protect personal health information.

A copy of the complaint can be found here and the proposed judgment can be found here.

SACRAMENTO – California Attorney General Xavier Becerra announced today judgments totaling $1,498,574 in a lawsuit against telemarketers who scammed investors. The company, Consumer Rights Legal Services (CRLS), and four individuals, including CRLS’s president and owner, James Davitt, cheated more than 150 victims by offering bogus “investment recovery services” that they claimed would recover money victims had lost from previous investments. Many of the victims were elderly and had already lost hundreds of thousands of dollars from previous schemes.

“The California Department of Justice is committed to protecting consumers from unscrupulous operators who prey on the most vulnerable,” said Attorney General Becerra. “In this case, these con artists not only targeted the elderly, they doubled down to cheat Californians who had already been the victims of financial fraud. Today’s announcement sends a strong message that California will not stand for those who choose to disregard our laws, and we stand ready to prosecute anyone who violates them.” 

The telemarketers, operating out of Long Beach, cheated victims by making a false and deceptive sales pitch that CRLS could recover their investments for an up-front fee of several thousand dollars. In truth, the company offered only false hope and recovered nothing for the victims. In some instances, victims even paid CRLS to recover fees they had paid to a prior “investment recovery” scam called Consumer Advocate Services Enterprises, where Davitt and other CRLS personnel had previously worked. In addition to judgments totaling $930,800 in penalties and $567,774 in restitution, Attorney General Becerra recovered almost $25,000 in victim restitution pursuant to a bond issued to CRLS under California’s Telephonic Sellers Law.  

Since taking office, Attorney General Becerra has made protecting consumers a top priority. Among other actions, Attorney General Becerra recovered $148.7 million for California from Wells Fargo in settlements over the bank’s systematic misconduct to exploit its own customers; recovered $102 million from BP Energy in a settlement for overcharging Californians for natural gas; and reached a settlement to provide over $51 million in debt relief for students deceived by the now-defunct for-profit Corinthian Colleges.

Consumers are encouraged to report scams to the Office’s Public Inquiry Unit by calling (800) 952-5225 or by submitting a complaint.

A copy of the judgments can be found attached to the electronic version of this press release here.

SAN DIEGO -- Attorney General Kamala D. Harris, along with the attorneys general of 49 other states and the District of Columbia, today announced a $95.9 million settlement with USA Discounters over allegations that the company used deceptive marketing and unlawful debt collection practices targeting military servicemembers.  Under the settlement, Attorney General Harris secured nearly $7 million in restitution for over 4,100 Californians who were harmed by the company’s fraudulent actions.

USA Discounters, which also did business as USA Living and Fletcher’s Jewelers, operated retail stores near military installations, including near Navy and Marine Corps installations in the San Diego Area.  It sold consumer products, including furniture, appliances, televisions, computers, smartphones, and jewelry, primarily on credit and specifically targeted members of the military and veterans. The company marketed itself as a discount retailer but actually sold its merchandise at a substantial mark-up, including additional fees that effectively concealed exorbitantly high interest rates for financed purchases. 

“Our military servicemembers give their all to protect our country and our interests around the world, and yet USA Discounters gave its all to fleece them with deceptive marketing and unlawful debt collection practices,” said Attorney General Harris.  “This agreement holds USA Discounters accountable for its illegal conduct and compensates servicemembers and veterans for the harm it caused.”

USA Discounters advertised that military, veterans and government employees would never be denied credit for goods purchased from the retailer and then used abusive tactics to collect on debts owed, such as persistently contacting servicemembers’ chains-of-command and using the military allotment system to guarantee payment. The company’s abusive actions threatened the military careers and security clearances of its victims.

In addition to its deceptive marketing, USA Discounters also failed to provide terms and disclosures in its financing agreements, as required under the law, and misled consumers about the costs of financing.  USA Discounters also charged added fees to its customers who were on active duty and required them to sign contracts that included unfavorable terms not included in contracts signed by other customers, in violation of California’s Military and Veterans Code, which prohibits discrimination against military members in the terms and conditions of credit. For contracts entered into outside of California, USA Discounters filed default debt collection actions against servicemembers in Virginia state courts, regardless of the state where the contract was entered into or the servicemember’s location, which meant servicemembers were often unable to defend themselves in court. 

USA Discounters closed its stores in the summer of 2015 before declaring bankruptcy. Under the terms of this settlement, the company agreed to write off accounts, remove negative information from credit reports, and provide other consumer relief. The settlement also includes provisions for injunctive relief and civil penalties. 

The Attorney General’s Office received critical assistance in its investigation from the Navy and Marine Corps legal assistance offices at Navy Base San Diego, the Marine Corps Recruit Depot, and Camp Pendleton, and from the Navy’s Fleet and Family Support Center. 

Attorney General Harris has defended the rights of servicemembers, filed actions against companies who prey on members of the military, and issued multiple consumer alerts to warn servicemembers against scams and fraud.  In August 2016, Attorney General Harris reached a $252,000 settlement with two privatized military housing contractors, Lincoln Military Property Management LP and San Diego Family Housing LLC and their eviction law firm, Kimball, Tirey & St. John LLP, over the companies’ unlawful evictions of 18 military servicemembers and their families in San Diego and Orange County.  In addition, Attorney General Harris previously took action against JP Morgan Chase for violating the Servicemembers Civil Relief Act in obtaining default judgments against servicemembers on credit card debt.

The Attorney General also obtained a $1.1 billion judgment against Corinthian Colleges, which illegally used the official seals of the military services in advertisements to entice servicemembers and veterans to enroll in its programs. 

LOS ANGELES -- Attorney General Kamala D. Harris today announced that California, along with 34 other states and the District of Columbia, has filed a lawsuit against Indivior, a British pharmaceutical company, and MonoSolRX, an Indiana pharmaceutical film technology company, for antitrust violations.

The complaint, filed today in U.S. District Court for the Eastern District of Pennsylvania, alleges that Indivior and MonoSol RX engaged in a multi-pronged “product-hopping” scheme to block competition to Suboxone, an opioid addiction treatment, ultimately generating almost one billion dollars in undeserved profits.  In this kind of scheme, pharmaceutical companies try to maintain profits generated via a monopoly by slightly reformulating their product in a way that blocks generic competitors without offering any significant medical or therapeutic advantages to patients.

"When prescription drug companies unlawfully manipulate the marketplace to maximize profits, they put lives at risk and drive up the cost of healthcare for everyone.  Indivior and MonosolRX flagrantly violated the law, deceiving doctors and patients and shutting down generic competition in order to rake in profits," said Attorney General Harris. "These companies must be held accountable for this unlawful scheme that cost the public nearly a billion dollars and hampered fair competition in the marketplace." 

Indivior, then known as Reckitt Benckiser, was granted FDA approval in 2002 for Suboxone tablets, along with exclusive rights to sell the drug for seven years based on representations that it was unlikely to recover its investment in the drug.  During this time, Indivior generated over a billion dollars in sales of the Suboxone tablets.

When its exclusive rights expired in 2009, the company was faced with potential competition expected to eliminate 80% of its profits from Suboxone tablets within a year. Indivior, with MonoSolRX’s assistance, thwarted that competition by switching the form of Suboxone from tablet to film. It falsely claimed the tablets presented pediatric safety issues, made unfounded claims to physicians that tablets were dangerous, and raised the price of its tablet while lowering the price of the film. Through these actions, Individior was able to maintain artificially high prices for Suboxone, depriving the state and consumers of the benefits of lower prices that come with competition.

The complaint alleges that the conduct and agreement between Indivior and MonosolRX constitutes monopolization, conspiracy to monopolize, and illegal restraint of trade in violation of federal antitrust laws as well as of California's Cartwright Act and Unfair Competition Law. The complaint seeks to require Indivior to pay back any profits that resulted from the illegal conduct—disgorgement—and includes injunctive relief to ensure the conduct is not continued or repeated. 

Attorney General Harris has worked to curb the sweeping epidemic of opioid abuse, overseeing a state-of-the-art prescription drug monitoring program, CURES, that allows health providers and pharmacists to more effectively flag at-risk patients and curb prescription drug abuse.  Attorney General Harris and 37 other state attorneys general also sent a letter to Congress in support of the Comprehensive Addiction and Recovery Act of 2015 (S.524/H.R.953), to increase prevention and treatment of heroin and opioid abuse.

Attorney General Kamala D. Harris has taken significant steps to protect consumers from monopolies and other violations of antitrust law, most recently joining with the United States, the District of Columbia, and 11 other states to file a lawsuit to block the merger of Anthem and Cigna, two major insurance companies operating in California.  The merger, if allowed to proceed, would drive up costs and undercut the quality of care available to Californians across the state.

She has also been a leader in challenging reverse payment agreements by which a branded drug company pays its rivals to not compete, which allows it to wrongfully inflate drug prices. Along with the FTC, the State of California filed the action that resulted in the U.S. Supreme Court decision in FTC v. Actavis finding that such agreements could be anticompetitive. Attorney General Harris has also authored numerous amicus briefs attacking this practice, which costs consumers billions of dollars and increases drug prices.

In addition, Attorney General Kamala Harris has worked to protect Californians’ access to high-quality, affordable health care, including reproductive health care and has defended the constitutionality of the Affordable Care Act, joining a friend-of-the-court brief in Thomas More Law Center v. Obama and repeatedly speaking out in support of health care reform.

The Attorney General’s office also reviews all transactions involving non-profit hospitals in California, such as the recent transaction involving Providence and St. Joseph’s Hospital and last year’s change of control and governance for Daughters of Charity Health System.  Attorney General Harris has set clear conditions when approving mergers and other transactions to ensure that those served by the hospitals—predominantly vulnerable and low-income communities—continue to have access to high-quality health care.  

LOS ANGELES -- Attorney General Kamala D. Harris issued the following statement on today’s ruling by the Ninth Circuit upholding a key decision made by the Federal Energy Regulatory Commission (FERC) regarding California’s energy crisis:

“I am gratified that the Court upheld FERC's determination that large energy companies, such as Shell, manipulated California's energy markets during the 2000-2001 energy crisis, leading to blackouts and exorbitant prices for the customers of California's investor owned utilities.  The decision upholds the findings on which FERC has ordered the payment of more than $200 million in damages from sellers that have not settled.  My office will continue to pursue compensation from those who gamed the market and profited from the skyrocketing prices that resulted.”

More information is available here: https://oag.ca.gov/cfs/energy and here: https://oag.ca.gov/cfs/energy/money.

SAN DIEGO - Attorney General Kamala D. Harris today announced that California has reached a $252,000 settlement with two privatized military housing contractors over the companies’ unlawful evictions of 18 military servicemembers and their families from private military housing complexes in San Diego and Orange Counties. 

Attorney General Harris argued that these evictions violated the California Military and Veterans Code, the Servicemembers Civil Relief Act, and other state debt collection laws which protect servicemembers who are sued while serving on active military duty and are therefore unable to appear and defend themselves in court.  These laws prevent the entry of a default judgment unless a lawyer has been appointed to represent the interests of the absent servicemember, and they prohibit the use of false statements to collect a debt.  In addition, the contractors allegedly violated California privacy laws by filing court documents that included unredacted Social Security numbers, birth dates, or other personal information of nearly 100 servicemembers and military family members.

The defendants, Lincoln Military Property Management LP and San Diego Family Housing LLC and their eviction law firm, Kimball, Tirey & St. John LLP, are required to pay $200,000 in civil penalties, as well as provide $52,000 in debt relief for the servicemembers harmed by their conduct and assist victims with restoring and repairing credit history.  The settlement also requires the defendants to provide privacy protections to victims, including identity theft repair and mitigation services for one year following notification.  In addition, any default judgment evicting a servicemember and his or her family that was unlawfully obtained will be dismissed.

“It is unconscionable that companies would prey upon and illegally evict servicemembers and their families from their homes,” said Attorney General Harris. “This agreement holds these contractors accountable for their unlawful conduct – including illegal evictions and privacy violations – and ensures that veterans’ rights under the law are protected.  I want to thank the Navy Region Legal Service Office (RLSO) Southwest of San Diego for helping us secure justice for the servicemembers harmed by these companies.”

The complaint, filed today in San Diego Superior Court, alleges that Lincoln routinely evicted tenants from its private military housing complexes while failing to file affidavits that accurately reflected the military status of the servicemembers.  The defendants also violated California privacy laws by disclosing the personal information of servicemembers, exposing at least 100 victims to a risk of identity theft.  

The United States Department of Justice is filing a parallel complaint in the U.S. District Court for the Southern District of California alleging violations of federal law.

This is Attorney General Harris’s second action against a company that violated the Servicemembers Civil Relief Act.  The first was against JP Morgan Chase, which violated the Act in obtaining default judgments against servicemembers on credit card debt.  The Attorney General also obtained a $1.1 billion judgment against Corinthian Colleges, which illegally used the official seals of the military services in advertisements to entice servicemembers and veterans to enroll in its programs. 

The Attorney General’s office has provided training and technical support to JAG legal assistance attorneys at military installations throughout California.  The Attorney General has also issued multiple consumer alerts to help members of the military protect themselves from fraud and scams.  Her most recent alert for servicemembers and veterans, issued in honor of Memorial Day, provides tips on how to avoid common scams including rental scams, pension scams, predatory auto sales and financing, and education rip-offs.

A copy of the complaint is attached to the online version of this news release at www.oag.ca.gov/news.

LOS ANGELES - Attorney General Kamala D. Harris, along Attorneys General from 16 states and the District of Columbia today submitted official comments to the United States Department of Education, urging the Department to do more to create and implement fair, streamlined, and efficient processes to enable students harmed by predatory for-profit colleges to access student loan debt relief.  The Attorneys General also praised the significant strides already made by the Department of Education through its recently proposed borrower-defense regulations. 

“We must create rules that will prevent predatory for-profit schools from continuing to cheat and mislead our students and taxpayers,” said Attorney General Harris.  “Education goes hand-in-hand with the American Dream. With new and improved federal protections for students, both current and future students defrauded by for-profit companies will finally have a meaningful opportunity for federal student loan forgiveness and the chance to pursue a higher education.” 

Department regulations in place since 1995 allow borrowers to apply for discharge of federal student loans if their college violated state law in its conduct toward them, a right referred to as “defense to repayment.”  Until recent years, this right had been invoked only a handful of times. When Attorney General Harris and other law enforcement agencies exposed Corinthian Colleges, Inc. (“Corinthian”) for extensively falsifying its job-placement rates to potential and enrolled students, tens of thousands of students became eligible for full debt relief under this process.  Other for-profit institutions may have used similarly dishonest tactics in their dealings with students, so many more borrowers may need to utilize this defense in the future.

Existing regulations have proven inadequate for handling situations of extensive fraud like in the case of Corinthian.  The Department’s existing rules provide little guidance on who may be eligible, how they should apply, or how the Department will evaluate applications. 

On June 16, 2016, the Department published its new, proposed defense-to-repayment rules after a negotiated rulemaking session earlier in the year failed.  Attorney General Harris’ office, as the negotiator on behalf of attorneys general, advocated for a number of measures in the earlier sessions that have now been included in the Department’s proposed rules, including: (1) the creation of a group-discharge process that would allow the Department to grant automatic relief to wide swaths of students similarly wronged by a predatory school, like Corinthian; (2) limitations on schools’ use of binding pre-dispute arbitration agreements and class-action waivers, common devices that predatory schools employ to undermine the legal rights of students and prevent wrongdoing from coming to light; and (3) an expansion of the time frame during which defrauded students may seek full relief from the Department.  These hard-fought gains mark major steps forward in remedying the egregious mistreatment of students and holding predatory schools accountable to taxpayers, but more remains to be accomplished.

By submitting today’s comments, Attorney General Harris and the Attorneys General of Massachusetts, Illinois, Maryland, Kentucky, Connecticut,  Delaware, Hawaii, Maine, Minnesota, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, District of Columbia, and the State of Hawaii, Office of Consumer Protection now call on the Department to do more to protect students and taxpayers:

1. Under the Department’s proposed rules, there is no formal process for a state attorney general to invoke the defense-to-repayment process when he or she has evidence a group of students was abused by a school.  As chief law enforcement officers of their respective states, state attorneys general are uniquely positioned to investigate school misconduct and bring it to the Department’s attention.  The final rules should recognize this expertise by allowing state attorney general referrals. 
2. Under the current proposal, after establishing that his or her school violated the law, the student must then separately show that he or she is entitled to more than partial loan forgiveness.  This places an unfair and unnecessary burden on students.  The final rules should provide that once a student has demonstrated the kind of egregious conduct required to obtain debt relief in the first place, there should be a presumption that the student is entitled full relief—not the other way around.
3. The final rules should expand the categories of school misconduct that would give rise to a defense to repayment.  Absent a litigated judgment, the current proposal limits students’ ability to seek relief from the Department to situations in which the school has either breached a contract or engaged in “substantial misrepresentations.”  This ignores other categories of rampant school misconduct that violate state law and render a student’s education worthless.  This is an unwelcome retreat from the Department’s 1995 regulations, which recognize violations of state law as a basis for defense to repayment.
4. The Department’s proposed rules make significant strides toward eradicating mandatory pre-dispute arbitration provisions and class-action waivers in enrollment agreements.  But to give those measures the best chance of succeeding, the Department’s final rules should further clarify that schools cannot request at enrollment that students “opt out” of the bans on mandatory pre-dispute arbitration provisions and class-action waivers, and that the claims covered by these bans are broad.

The Department will publish final regulations by November 1, 2016.

In October 2013, Attorney General Kamala D. Harris led the charge against Corinthian Colleges, Inc. and its schools in California (Everest, Heald, and Wyotech colleges), seeking to put an end to abusive practices that left tens of thousands of students with useless degrees and tens of thousands of dollars in debt.

Attorney General Harris remains committed to protecting vulnerable students.  A copy of the letter is attached to the electronic version of this release at www.oag.ca.gov/news.

SACRAMENTO - Attorney General Kamala D. Harris today issued a consumer alert advising Californians to use care when playing location-based virtual games, such as the Pokémon Go treasure hunt app, just released this month.

Pokémon Go is an augmented reality application that generates a virtual treasure hunt taking place in the real world. Consumers of all ages, including minors, play it on their mobile devices. Using the forward-facing camera on a mobile device, players search for Pokémon characters in their vicinity, including at local parks, landmarks, and retail locations.

For Pokémon Go to work, a player must grant the app access or “permission” to his or her mobile device’s GPS function, location, and camera when downloading the app. To play and “capture” the virtual Pokémon creatures, the player must then go to physical locations, called “Pokéstops” or “gyms,” where other players may also be gathering.   

Consumers should be aware that the virtual experience in Pokémon Go can expose players to physical danger. For example, there have been reports of predators and thieves adding beacons or “Lure Modules” to Pokéstops to bait individuals playing the game to certain locations in order to steal from them. Recently in Southern California, two men were so distracted that they fell off a cliff while playing Pokémon Go, and another man playing the game alone late at night in a park in Anaheim was stabbed multiple times by a group of men when he was distracted.

The Attorney General offers consumers the following tips to help them better ensure their physical safety and protect sensitive location data while still having fun playing Pokémon Go:

• Stop and think before you share your personal information with an app.
• If you elect to download Pokémon Go and therefore allow the app access to the location function of your device, you should deactivate the app’s location access when you are not using it. This prevents Pokémon Go from “running in the background” and having access to your location when you are not playing.-On Android phones, review the permissions tab on app pages in Google Play store, which displays the information and features that the app can access on your phone.
  -On iPhones, review the permissions you have already granted by viewing Pokémon Go in iPhone Settings. Make sure you are operating the updated version of the app to protect the security of your mobile device and privacy of your data.
• Consumers and parents should take the time to review the privacy settings on their mobile devices and the permissions within the app.
• To prevent children from making in-app purchases – buying extra content and subscriptions once the app has been downloaded – parents can adjust the settings on their mobile device. For iPhones, turn off in-app purchases and for Android, set your phone to request a password before purchases can be made. For parents who do not want to create a Google account for their child, there is an option to create a Pokémon Trainer account. Parents also have the right to refuse collection, use, and/or disclosure of their child’s personal identifiable information by directly notifying the game’s developer, Niantic.
• As you search for characters, remember that Pokémon Go is a game you play in public, with the public. As you play, be aware of your surroundings and the people around you. If possible, only go to a Pokéstop with a friend or partner. 
• Parents and guardians should take extra care to know where children are going, when and with whom when they are playing the game.
• Pokémon Go characters and locations are randomly generated and some real locations may be dangerous or unsafe for players to enter. Stay alert and always watch where you’re going – being distracted by a phone in your hand could make you a target for a crime or susceptible to injury. 
• Don’t trespass onto private property and don’t go into areas that are unfamiliar or risky to your personal safety. 
• Business owners and local leaders can play a role in community safety by determining if their business, park or landmark is a Pokéstop or gym. 
• Don’t play Pokémon Go while you are operating a vehicle or riding a bike or skateboard.

The Attorney General has published a consumer information sheet that gives step-by-step instructions for better controlling your location privacy on iPhone and Android devices: Location, Location, Location Tips on Controlling Mobile Tracking

Also see Getting Smart About Smartphones: Tips for Consumers for general information on protecting privacy when using mobile devices.

SAN FRANCISCO – Attorney General Kamala D. Harris today issued a consumer alert to Californians regarding home improvement scams.  As summer approaches, many consumers may consider home remodeling, repair, and maintenance projects.  Unfortunately, not all contractors are legitimate and the unwary may fall victim to home improvement scams, which peak during the summer.  Consumers should be aware of their rights under California laws governing home improvement contracts.  This consumer alert provides some helpful tips for selecting reputable contractors, and provides an overview of homeowners’ rights in the event they encounter a home improvement scam.
                

WHAT TO LOOK OUT FOR

The Attorney General offers California consumers the following tips to help them select reputable contractors, and to understand their legal rights:

When selecting a contractor, be wary of unsolicited visits by contractors who claim to just “happen to be in the neighborhood” working on a nearby property or who promise large discounts because they have extra materials left over from other jobs.  Often, these contractors are not licensed, take large amounts of money upfront, and then fail to finish a job or do any work at all.

• Instead, seek out contractors recommended by trusted friends or family members.  It is wise to shop around, get at least three written quotes, and call all references.

• Once you have selected a contractor, check to make sure they are licensed.  You can find this information on the Contractors State License Board’s (CSLB) website or www.CheckTheLicenseFirst.com.   You can also check the Better Business Bureau’s (BBB) websitefor any complaints about the contractor.  A contractor’s license is required for all jobs except minor work totaling less than $500; this minor work cannot be part of a larger project.  (Bus. & Prof. Code section 7048.)

• If you feel pressured into signing a home improvement contract, California’s Home Solicitation Sales Act (Bus. & Prof. Code sections 1688 to 1693) allows you to cancel the contract within three days.  However, be aware that this law does not apply to contracts for emergency repairs or to contracts signed in the contractor’s place of business.

• Always insist on a written contract.  Under California law, all home improvement contracts over $500 must be in writing.  California also requires contract terms to be legible, easy to understand, and to inform you of the right to cancel the contract.  The contract must also require any change orders to be in writing and must include a warning regarding mechanic’s liens.  (Bus. & Prof. Code section 7159.)

• Make sure that the contractor carries the appropriate insurance.  Contractors should have personal liability, worker’s compensation (if they have employees), and property insurance.  Confirm that insurance is addressed in the contract and ask for copies of insurance certificates if you have any concerns.

• Make sure that the contract clearly states that the contractor is responsible for obtaining all necessary permits for the work and that the contractor will comply with all local permitting, building, and zoning laws.

• Never pay large amounts of money upfront.  In fact, California law generally prohibits contractors from requiring down payments of more than $1,000 or 10% of the total contract price, whichever is less.  (Bus. & Prof. Code section 7159.)  Don’t pay the full contract price until the job is complete and you are satisfied with the work.

• In the event that you have a dispute with your contractor, you have four years to file a complaint with the CSLB.  The CSLB administers two arbitration programs for claims against licensed contractors: a mandatory program for claims of $12,5000 or less, and a voluntary program for claims between $12,500 and $50,000.  More information about the complaint process can be found on CSLB’s website. 

HELPFUL RESOURCES

To learn more about home improvement scams in general, visit the Federal Trade Commission’s webpage on home improvement scams.

The BBB has also published an article with other helpful tips, “Scam Alert – This Home Improvement Deal is Really a Scam: Summer Contracting Scam Tricks Homeowners.”

WHAT TO DO IF YOU HAVE A PROBLEM WITH A HOME IMPROVEMENT CONTRACTOR
 

If you are unable to resolve a dispute with a home improvement contractor, CSLB provides information on how to file a consumer complaint and its arbitration program:

The Better Business Bureau (BBB) also provides information on how to file consumer complaints about a particular company..

Finally, the California Department of Justice protects the rights of consumers and collects complaints on scams in order to identify patterns of wrongful activity.  To submit a complaint to the California Department of Justice regarding a home improvement scam, please use one of the following complaint forms:

English: Consumer Complaint Against a Business or Company (English).  

En Español: Consumer Complaint Against a Business or Company (Spanish)

中文: Consumer Complaint Against a Business or Company (Chinese) 

Tiếng Việt: Consumer Complaint Against a Business or Company (Vietnamese)