Cruz Law, PLLC

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Federal law seeks to protect digital privacy rights

The Social Networking Online Protection Act was reintroduced in Congress earlier this month.  The bill seeks to protect the digital privacy rights of employees, job applicants and students from overreaching employers or prospective employers.

The bill states its purpose as follows:

“To prohibit employers and certain other entities from requiring or requesting that employees and certain other individuals provide a user name, password, or other means for accessing a personal account on any social networking website.”

The bill is said to provide a legal liability shield for businesses and educational institutions as well as individuals.  Through this bill its believed that these protections would facilitate online use.

Washington state has a similar bill which is making its way through the legislative process.  If passed, SNOPA would ensure protections for online users.

Can an employer request your Facebook or Twitter password?

In today’s society, most people are connected via social media through Facebook, Twitter or some other social networking site.  But, can what you post personally be accessed by your employer or a prospective employer?  In Washington, a bill is being proposed to prevent employers from requesting social networking accounts and profile information of employers or prospective employers.

Washington state Senate Bill 6637 states that employers cannot require, “directly or indirectly, as a condition of employment or continued employment,” any password in order for the employer to access their social networking account.  However, the bill goes on to state that it does not prevent an employer from obtaining information that may be in the public domain.

The proposed legislation would mean that employers could not request information from your Facebook or Twitter accounts as terms for your employment.  If this occurs, the law would allow for the employee or prospective employee to sue under the law.

However, this would not prevent an employer from doing a web search to find the information online.  Despite the proposed law, an employee or prospective employee may still have their information found by the employer.  The prudent thing to do is to visit your privacy settings and see what the public may see.  Also, be careful of what you post or say online if you are concerned about it hurting you in the future.

The proposed legislation is sought to be added to RCW 49.44.

If you have any questions or concerns, please contact a social media lawyer.

Considering Bankruptcy? Here are some things you should know.

When thinking about filing for bankruptcy, there are several practical things you should know before making the decision.

As we’ve talked about before, there are two types for people: Chapter 7 and Chapter 13.  Chapter 7 discharges most debt although you may have to give up nonexempt property.  A bankruptcy trustee will review the paperwork (petition) filed with the bankruptcy court.  The trustee will determine what property is exempt and what is nonexempt.  A Chapter 13 creates a plan that must be approved by a bankruptcy trustee.  The plan allows for you to keep your property so long as you make scheduled payments.  For more information on a Chapter 7 or Chapter 13, please contact me.

Here are some things that you should do if you are thinking about filing for bankruptcy:

  1. If you have a retirement plan like a 401K or IRA, do not dip into those funds to pay off debts.  In bankruptcy, retirement plans are exempt from creditors.
  2. Do not run up credit card debt prior to filing your bankruptcy.  A bankruptcy trustee may find out about this which may cause delay in your bankruptcy and maybe worse.
  3. Tell your attorney when filing the bankruptcy petition of all of your debts.  If you do not reveal any debts, the bankruptcy court will not discharge the debt.  Thus, you still may be responsible for the debt even though it could have been discharged.
  4. Do not transfer assets to another to avoid creditors.  A bankruptcy trustee may consider this a fraudulent conveyance.

Filing Fee waivers or payment plans

While you may have to pay for an attorney to help you with your bankruptcy, you may be able to file for a fee waiver of your bankruptcy petition.   The other alternative is that you pay the bankruptcy fee in installments.  You should ask your attorney about these alternatives when filing for bankruptcy.

If you have further questions about bankruptcy, please give me a call at (206) 684-9462.

Simple steps when facing debt collectors

Last month, I gave some basics on what to do if debt collectors call.  This month I give several more tips in addressing debts.

  1. Don’t ignore collection agencies.  It’s very easy to avoid phone calls or letters about delinquent bills.  Repaying debt is hard especially if you do not have the money.  But, it’s best to obtain information on the debt.
  2. After verifying the debt, you should see if there’s a possibility about negotiating a settlement or payment plan.  If you do not feel comfortable about doing this, you may contact an attorney that can advocate on your behalf.
  3. If you are served with a lawsuit to collect the debt, you should contact an attorney immediately for them to review the lawsuit.  If you do not answer the lawsuit, you may have a judgment entered against you.  This may allow a collection agency to garner wages, bank accounts and even show up at your home and take property to satisfy the judgment.
  4. If you do communicate with a collection agency, make sure that you put everything in writing.  Any agreements with collection agencies should be in writing before sending any money.

If you have any other questions about the debt collection process, please do not hesitate to contact me at (206) 684-9462.

Dealing with Collection Agencies

What do you do when collection agencies start calling?  If you fall behind in paying bills, you may receive unpleasant phone calls from a collection company attempting to collect on the overdue balance.

Debt collectors must abide by the Fair Debt Collection Practices Act (FDCPA).  The FDCPA is a federal law put in place to address the underhanded tactics that some collection agencies undertake in trying to make people pay their debts.  Make sure you know your rights.

Here are some things you should know:

  1. Make sure you owe the debt.  Sometimes collection agencies may call you based on listings it receives and may be looking for someone with the same or similar name.  Furthermore, the collection agency must provide original documentation that you owe the debt.
  2. Determine when you incurred the debt.  There may be statute of limitations on whether you are still obligated to pay the debt.
  3. Pursuant to the FDCPA, debt collectors cannot do the falling:
    1. call before 8:00 am or after 9:00 pm;
    2. call you at your work if it is known your employer does not allow phone calls;
    3. harass, oppress or abuse you;
    4. lie to you or imply you have committed a crime;
    5. conceal their identity.  They must tell you that they are attempting to collect a debt;
    6. disregard a written notice from you to cease further contact

These are only a few of your rights under the FDCPA.  If a collection agency violates any of these rights, you may sue and receive up to a $1,000 in damages in addition to attorney fees.

If you think your rights are being violated, please call and we me at (206) 684-9462 and I may be able to help.