Monday, November 23, 2009

Domestic violence victims concerned about their safety and privacy need to read this

The California Secretary of State released today that the Safe At Home Victim Confidential Address Program is getting a much needed update to aid victims wanting a confidential name change.

Presently name changes are public records even for victims of crime including victims of domestic violence who are at a high risk for stalking, continued harassment or even death.

With the upgrade to the Safe At Home Program it is indicated that victims' in the program will be given special accommodations stemming form this legislation that will mark their name changes confidential so that they prevent publication in public records databases and datafurnishing companies.

I hope this update is actually implemented. Far too often legislation is passed and caught in what I refer to often as a, "legislative log jam" and quality life saving legislation that benefits victims' never comes to fruition, and the old saying "fail to plan, plan to fail" applies.

This is good news that CA Secretary of State is finally considering updates, I have lobbied for these types of changes for almost 5 years when I first realized how flawed the CA Safe At Home Program was and how dangerous it is for victims who rely upon it without disclaimers of its short comings.

I remain cautious and skeptical knowing that big government has big flaws and for victims of domestic violence its far too often a matter or life or death so it is always better to error on the side of safety.

A message to those reading including vulnerable victims' of domestic violence, rape and stalking, beware as the utility companies make it easy for perpetrators to locate your home address.

A quick telephone call to the utility company this morning by a domestic violence victim in California made me cringe. The victim phoned PG&E her utility provider and was asked by the automated system for the last 4 of her social security number along with her phone number. Once inputed the computer system read her physical address outloud to her and she is one of thousands enrolled in the CA Secretary of State Safe at Home Program. Panicked she emailed Survivors In Action, hoping for the magic bullet that would cure this problem. Our volunteers directed her to go through a identity change including name and social security number change, however there is no full proof way to protect a person's privacy without more instruction.

Over the years there has been a steady rise in the number of inquiries received by Survivors In Action from domestic violence victims concerned about privacy protection and fearful of being located by batterers, others contact SIA concerned about cyberstalking .

The victims are scared, confused, frustrated and in desperate need of assistance and support that has not changed over the years.

The net continues to be new frontier explored frequently by perpetrators who continue to out pace law enforcement and legislative efforts.

It it is very difficult for consumers to protect their privacy with the number of consumer private records available on-line today. Datafurnishing companies make it very difficult for consumers to protect their private records.

It is true technology has improved and enhanced lives that is for sure however, the real question I am constantly pondering is for what price?

For some victims of stalking incidents last for years and even a decade because of the use of technology. For others changing their name, social security number and moving from one state to another is the only way to find resolve.

It is up to all of us who work in public safety and in particular with victims of stalking to rise above the "status quo" and to adjust to the maneuvers of the perpetrators who are utilizing tech.This requires time, patience and lots of additional hours that the job doesn't pay for; however, in order to excel and try to at least stay one step behind the perpetrators this is what has to be done.

Survivors In Action is accepting sign-ups for no-cost training programs for victim advocates, prosecutors and those who work in public safety regarding the use of technology by perpetrators. Please visit Survivors In Action for more information.


Survivors In Action
"No Victim Left Behind"

Thursday, November 19, 2009

Attorney Dawn V. Martin, and her efforts to aid women stalked in the workplace


Have you ever been stalked at your workplace?

I have. I know what is is liked to be stalked in the workplace, and sadly I am not alone. Millions of women are stalked at their place of employment or worse they are killed.

Former Howard Law Professor Dawn V. Martin did not know her stalker he was a stranger who was roaming freely in her workplace -stalking her and when she asked for her employer to enact the safety measures that were available - they fired her? Doesn't sound right but it happens and more frequently than what has been reported by the media and news outlets.

This is not a fiction novel or an episode of a soap opera but rather the reality for millions of women today. A woman should not have to choose between her personal safety and her livelihood!

Dawn Martin's advocacy and her case known as Martin v. Howard University has inspired women from across the world.

One Person can make a difference, and civil rights attorney Dawn V. Martin is living proof of that!

You can contact Attorney Dawn V. Martin directly at dvmartinlaw@yahoo.com to pledge your support or visit her web site http://.www.dvmartinlaw.com/



Bio of Dawn V. Martin, Esquire

Dawn V. Martin has twenty-six years of legal experience, all in civil rights,public service, teaching law and/or policy development. Ms. Martin hasdeveloped national policy in the areas of Equal Employment Opportunity(EEOC) Law and has published authoritative works on this subject. SeePublications.Ms. Martin has special expertise in EEO and other matters related to police and fire departments, as indicated by her article, "911: How Will Policeand Fire Departments Respond to Public Safety Needs and the Americans withDisabilities Act?" Ms. Martin dedicated her article, to the memory of her father,Alfonzo Q. Martin, a former New York City police officer and firefighter. Ms.Martin has been employed by, or served as a consultant for, several policedepartments and/or law enforcement agencies.

Ms. Martin has served as: a trial attorney with the United States Departmentof Justice, Civil Rights Division (Honors Program); a trial attorney with theNew York State Office of the Attorney General, Civil Rights Bureau; a trialattorney with the Legal Aid Society of New York, Civil Division (Bronx Office);Assistant General Counsel with the D.C. Metropolitan Police Department; and aSenior Attorney-Advisor and Special Assistant to Commissioner Tucker at theU.S. Equal Employment Opportunity Commission (EEOC) and served in a temporary appointment with United States Department of Agriculture as Acting Deputy General Counsel for Civil Rights.

Ms. Martin has also been a law professor, at both Howard University and Cleveland State University, Cleveland-Marshall College of Law, teaching Equal Employment Law, Torts, Evidence and Race as a Factor in American Law. Ms. Martin set legal precedent in the U.S. Court of Appeals for the D.C. Circuit, with her own personal litigation against Howard University. See discussion of Martin v. Howard University and Alice Gresham Bullock, under SexandWorkplaceViolence and MartinvHowardU. See also Chief Judge Hogan's precedent-setting decision in Martin v. Howard University,1999 U.S. Dist. LEXIS 19516, 81 FEP Cases 964 (BNA), 15 IER Cases 1587 (D.D.C. 1999).

Education. Ms. Martin graduated from Barnard College, Columbia University (1978) and New York University School of Law (1981).Philosophy of Law Practice. For a lighter and more personal side of Ms. Martin's concept of her legal career, see Maryland Daily Record article on New Year's Resolutions of local attorneys, at www.findarticles.com/p/articles/mi_qn4183/is_200412/ai_n10064964Family.
Ms. Martin's daughter, Danielle Evans, is a writer. Ms. Evans has recently published three of her short stories in noted literary magazines, including "Harvest" in Phoebe (George Mason University's Literary Magazine), "Purple" in L Magazine and "Virgins" in the October 2007 issue of The Paris Review, sold in major bookstores.

Ms. Evans has just signed a two book contract with Riverhead Publishing, which will publish her short story collection, Before You Suffocate Your Own Fool Self, in early 2009 and her novel, which is now in progress.Ms. Evans is a 2004 graduate of Columbia College, Columbia University.

She received her Masters in Fine Arts (MFA) from the University of Iowa Writers' Workshop in 2006. From August2006 through May 2007, she was a Teaching Fellow at the University of Wisconsin, where she taught creative writing.Ms. Evans uses activism and her writing talent to foster racial equality and understanding, as exhibited by her column, Re-Eduction, which ran bi-weekly in the Columbia University Newspaper, The Spectator while she was a college student..

Bar Membership.

Ms. Martin is a member of the Bar in the following jurisdictions:

United States Supreme Court
United States Court of Appeals for the D.C. Circuit
United States Court of Appeals for the Fourth Circuit
Bar of the District of Columbia
United States District Court for the District of Columbia
United States District Court for the District of Maryland
Bar of the State of New York

Wednesday, November 18, 2009

Cameras and Tracking Devices discover what to look for trust your instincts - if it feels wrong it probably is

My instincts have saved my life on more than one occasion. In fact this is the case for the majority of stalking and domestic violence victims.

However, taking one's instincts seriously, is not as easy as it sounds especially when there are many in public safety who do not take stalking and domestic violence cases as seriously as they should.

If in doubt always error on the side of safety and thanks to Victim Protection Inc., a non-profit victim advocacy organization in Colorado many victims will have more than their instincts to help distinguish fact from fiction.

Please contact Gary L. Cunningham, the founder of Victim Protection Inc., for more information


Cameras and Tracking Devices and what to look for:

Residence and Vehicle indicators that something is wrong:

1. Any trespassing or burglary attempts or completions
2. Any items or gifts from unknown or known people that have contact with your suspect.
3. Things that no one should know becoming known to you by others or the suspect (routines, stops on travels, new people in your life, new jobs, new phone numbers, new clothes, new furniture, who you talk to on the phone, deliveries made)
4. Finding items in your home rearranged and you didn’t do it.
5. Strange vehicles or people hanging around close to your home that are watching monitors, TV or laptops.
6. The same people being where you are in more than 2 places in any given time frame at different locations.

This is a small list of items that may be indicators your life is being monitored by someone else. Things like this should be taken seriously and police reports should be made if you feel it has happened more than once with no explanation available. For more info or help in handling these types of situations, contact:

Victim Protection, Inc.
451 Coyote Circle
Black Hawk, CO 80422-8711
303-582-3946
victimprtoection@aol.com
www.victimprotection.org
http://vpione1.wordpress.com

“Never disregard your instincts, if it feels wrong it probably is”

Tuesday, November 17, 2009

Victory for California Consumers: Victims of False Credit Reporting Can Hold Banks Accountable Under State Law

Victory for California Consumers: Victims of False Credit Reporting Can Hold Banks Accountable Under State Law

In late October,2009, the U.S. Court of Appeals for the Ninth Circuit issued its amended decision in Gorman v. Wolpoff & Abramson, et al., Ninth Cir. Case No. 06-17226. In its amended decision, the Ninth Circuit reaffirmed that the remedies provisions of California's Consumer Credit Reporting Agencies Act ("CCRAA") is not preempted (wiped away) by the more restrictive federal Fair Credit Reporting Act ("FCRA"). For years, big banks have argued against permitting California consumers to use the CCRAA, which imposes liability for false credit reporting upon banks, finance companies, credit card companies, debt collectors and other furnishers of credit information without consumers first having to "filter" their disputes through the major credit bureaus. The CCRAA also requires banks, finance companies, etc. to have reasonable procedures in place to address credit reporting disputes.

This decision is a major victory for California consumers who have been injured or damaged by false credit reporting, and it followed a hard-fought battle with large, prestigious law firms hired by the largest banks and debt collectors in California. With Public Justice staff attorney Leslie Bailey, Robert F. Brennan of Brennan, Wiener & Assoc. in La Crescenta co-authored an amicus ( "friend of the court") brief on behalf of Public Justice and Public Citizen. The brief argued that Congress expressly left the CCRAA's protections in place when it amended the FCRA, and that to find the state law's remedies preempted would strip California consumers of those key state-law protections. Gorman v. Wolpoff & Abramson, LLP, Ninth Circuit Court of Appeals Case No. 06-17226, Amended October 21, 2009. The amicus brief is available at http://www.publicjustice.net/Resources/Cases/Gorman-v-Wolpoff-Abramson.aspx.

La Crescenta, CA (PRWEB) November 17, 2009 -- Following years of litigation, on October 21, 2009 the Ninth Circuit has finally resolved that the federal Fair Credit Reporting Act ("FCRA") does not preempt California's Consumer Credit Reporting Agencies Act ("CCRAA"). For years, large banks, finance companies and debt collectors have argued that the federal law preempts the state law, in essence rendering the state law null and void. The Ninth Circuit's ruling opens the door to California consumers holding banks and other corporations accountable under the CCRAA.

Robert F. Brennan, Esq. of Brennan, Wiener & Assoc. co-authored the amicus brief on behalf of California consumers with Leslie Bailey, Esq. of Public Justice in Oakland.

Brennan explains the significance of the ruling: "Ever since the CCRAA was passed in 1975, banks, finance companies, credit card companies and debt collectors--furnishers of credit information to the credit bureaus--have hated it because it requires them to respond directly to consumers and to investigate false derogatory credit information when a consumer notifies them. Under the federal law, consumers must dispute false credit information directly with the credit bureaus before they can bring an action in court. Because consumers who learn of false information on their credit reports are frequently unaware of this requirement, they often contact the furnishers of the credit information--banks, credit card companies, finance companies and debt collectors--directly. Furnishers, meanwhile, had no legal incentive to act on the consumers' requests, nor to inform the consumers of the federal requirement that they "filter" disputes through the credit bureaus. This system strongly favored big banks and credit card companies over unsophisticated consumers.

"The CCRAA does away with this injustice by permitting consumers to sue in court after they dispute false information directly with the furnishers. If the furnishers do not correct the inaccurate information upon direct contact from the consumers, the furnishers are immediately subject to legal relief in the courts.

"It is unfortunate that consumers still need to resort to the courts to correct inaccurate credit information, but it is often necessary because furnishers often use false credit reporting to wrongfully extract money from people who don't even owe it, or who owe far less than is being collected. In this day and age when credit reports are used almost universally, credit reporting is a powerful tool, and this fact is not lost on the big banks, credit card companies, finance companies and debt collectors that use credit reporting to force consumers to pay debts, whether or not the debts are valid."

Brennan notes that several big banks and several credit card companies, including Bank of America and VISA, have petitioned the United States Supreme Court for further review of this decision, but he predicts that the Supreme Court will decline to review it. "I do not see any compelling constitutional issue which deserves Supreme Court review. Maybe the big banks and credit card companies don't like the Ninth Circuit decision, but they'll have to live with it, and California consumers are the ones who will benefit in the long run. Finally there will be a law which will make the big banks, credit card companies and debt collectors actually pay attention to their false credit reporting and actually correct it when it happens. I hope that the Ninth Circuit decision makes fair credit reporting a reality in California."

Contact Information: Robert F. Brennan, Brennan, Wiener & Associates, 3150 Montrose Ave., La Crescenta, Ca. 91214, (818) 249-5291. Mr. Brennan and his firm are the leading consumer protection and credit damage attorneys in Southern California. Mr. Brennan has been selected as a "Southern California Super Lawyer" for four consecutive years.

Public Justice is a national public interest law firm that specializes in precedent-setting and socially significant civil litigation and is dedicated to pursuing justice for the victims of corporate and governmental abuses. The Public Justice web site address is http://www.publicjustice.net.

GPS monitoring domestic violence and stalking

There are now thousands of signatures collected in support of GPS monitoring of batterers and stalkers.

No one should have to live or work in fear. GPS saves lives, tax payer dollars and helps to ensure "No Victim is Left Behind".

Sign the GPS petition here

Survivors In Action
"No Victim Left Behind"

Monday, November 16, 2009

Don't become a victim, check out SIA advisory board member Melissa Soalt's info it could save your life!

Be sure to check out SIA Advisory board member Melissa Soalt aka Dr. Ruthless new blog All Fired Up! You will be entertained and given vital self defense tips from a world renowned expert who shares the Survivors In Action mission, "No Victim Left Behind"!

Get Fired Up become a follower of Dr. Ruthless blog All Fired Up and support SIA's mission "No Vicitm Left Behind"

Survivors In Action
"No Victim Left Behind"

Friday, November 13, 2009

Survivors In Action pays tribute to SIA volunteer Karen Barchas

As our way of honoring those who volunteer with SIA to help ensure "No Victim is Left Behind", SIA would like to honor and thank Karen Barchas who has helped with many of the projects SIA is involved with including our efforts regarding DV REFORM. Karen has donated her time and talents to Survivors In Action and is living proof that "one person can make a difference".

Thank you Karen for your hard work and dedication to the many projects you have been involved with here at Survivors In Action.

If you are interested in learning more about Karen Barchas, below is Karen's professional resume.

We encoruage all SIA supporters to utilize the services of our many volunteers as your way of thanking them for donating their time and talents to Survivors In Action.

KAREN BARCHAS
2709 TENTH STREET, UNIT C, BERKELEY, CA 94710 > 530.386.3124 > kbarchas@aol.com

OBJECTIVE To listen, probe, and understand strategy—and then advise on tactics and write compelling copy that makes clients look good and helps them achieve objectives

QUALIFICATIONS
• Extensive experience in marketing communications: I write web copy, brochures, ads, packages, case studies, data sheets, newsletters, magazine articles, presentations, brand guidelines, and messaging
• Special expertise in technology marketing, plus years of experience writing for clients in industries ranging from financial services and telecommunications to energy and health care
• Quick to grasp complex concepts and translate them into crisp, clear, persuasive copy
• Reputation for superb listening skills, penetrating questions, and getting it right the first time
• Unsurpassed work ethic, responsiveness, and commitment to satisfying clients

WORK EXPERIENCE

PRINCIPAL and COPYWRITER, Barchas Anttila & Blew, LLC, Corporate, Marketing, and Issues Communication, 1993 – present. Clients include Microsoft Corporation, Hewlett-Packard Company, Bank of America, Cisco Systems, Siemens, Pacific Gas and Electric Company, and Landor SFO. Recent experience includes writing:
• Most of the copy for the Microsoft.com/careers web site, which launched July 13, 2009
• Packaging copy for HP’s complete line of consumer inkjet printers and all-in-ones—including HP Photosmarts, DeskJets, and OfficeJets—plus scanners, cameras, media, and accessories
• Packaging copy for Microsoft software products, including Windows Server, Visual Studio, and SQL Server, and hardware products such as keyboards, mice, and webcams

SOLE PROPRIETOR, Karen Barchas Corporate Communications, 1986 – 1993

CORPORATE COMMUNICATIONS SPECIALIST Employed by the University of California, Wells Fargo Bank, and Impell Corporation from 1975-1986

EDUCATION
University of California, Berkeley, Bachelor’s in History with Distinction, minor emphasis in English

VOLUNTEER EXPERIENCE
• Strategy Advisor/Writer/Editor, Survivors in Action, June 2009–present; write and edit articles, blogs, and press releases and advise on organizational strategy for this advocacy organization for victims of domestic and other types of abuse
• Interviewer and Application Reader, University of California, Berkeley Alumni Leadership Scholarship Program, 2007–present: Review applications for UC Berkeley’s prestigious alumni scholarships, interview finalists, and make recommendations for awarding scholarships
• Director, Truckee Youth Music Program, 2004–2008: A non-profit program through which high school band student volunteers teach music lessons to children from low-income families

HONORS AND AWARDS
IABC Gold Quill, Silver, and Bay Area Best; PRSA Compass; and Potlatch International Annual Report awards