Consumer Protection

En Español

LOS ANGELES -- Attorney General Kamala D. Harris urges you to be careful if a tax preparer offers to help you prepare and file your immigration forms or asks you to pay fines directly to them. Individuals and businesses that prepare tax returns may not be authorized to assist you with immigration services.

The only people authorized to give you legal advice on immigration are licensed attorneys and representatives accredited by the Board of Immigration Appeals. Attorneys and accredited representatives are the only ones authorized to:

•           Explain which immigration options may be available to you;

•           Advise you about which forms to submit; and

•           Communicate with USCIS about your case.

Getting immigration help from unauthorized individuals and businesses can:

•           Delay the processing of a case;

•           Cost unnecessary fees; and

•           Possibly lead to deportation proceedings.

Consumers can report suspected immigration scams to the Office of the Attorney General.  To file a Complaint with our office, use one of the following complaint forms:

English: http://oag.ca.gov/contact/consumer-complaint-against-business-or-company

En Español:  http://oag.ca.gov/sites/all/files/agweb/pdfs/contact/business_corpform_s...?

中文 :  http://oag.ca.gov/sites/all/files/agweb/pdfs/contact/business_corpform_c...?

Tiếng Việt:  http://oag.ca.gov/sites/all/files/agweb/pdfs/contact/business_corpform_v...?

You may also visit http://www.uscis.gov/avoidscams (English) or http://www.uscis.gov/eviteestafas (Spanish) to learn how to recognize and avoid immigration scams and find authorized legal services.

En Español

LOS ANGELES- Attorney General Kamala D. Harris today issued a consumer alert to Californians on the availability of critical information about the efforts that certain companies are undertaking to stop and prevent human trafficking and slavery in their product supply chains - in the United States and abroad.  In addition, Attorney General Harris today released a guide, The California Transparency in Supply Chains Act: A Resource Guide, to provide businesses with recommendations to develop and refine their disclosures to consumers.

The California Transparency in Supply Chains Act (the Act) requires large retail sellers or manufacturers doing business in California—with annual worldwide gross receipts that exceed $100 million—to provide disclosures about their “efforts to eradicate slavery and trafficking in their direct supply chains for tangible goods offered for sale.” (Cal. Civ. Code, § 1714.43, subd. (a)(1).)  The mandated disclosures apply to five specific categories—verification, audits, certification, internal accountability, and training. 

By taking the time to read a company’s disclosures before making a purchasing decision, California consumers have another means of holding retail sellers and manufacturers accountable for the integrity of their products.

The Act, the first law of its kind in the nation, enables consumers to distinguish companies that are taking steps to supply the marketplace with products free from the taint of slavery and trafficking.  Under California law, a human trafficking crime takes place when a person “deprives or violates the personal liberty of another with the intent to obtain forced labor or services .…” (Cal. Pen. Code, § 236.1, subd. (a).)  An estimated 21 million people are victims of forced labor around the globe. These victims work in virtually every industry and across sectors, including manufacturing, agriculture, construction, entertainment and domestic service.

WHAT TO LOOK FOR:

Since the Act is intended to help consumers make informed purchasing decisions, consumers should be aware of the law and know what to look for on company websites.  If a company has a website, the required disclosures must be accessible through a “conspicuous and easily understood link” on the company website’s homepage.

Once consumers have gained access to the required disclosures, they can review them before making a purchase.  Through a company’s required disclosures, the law entitles consumers to obtain information about:

1. Verification: To what extent, if any, that the retail seller or manufacturer engages in verification of product supply chains to evaluate and address risks of human trafficking and slavery. 

2. Audits: To what extent, if any, the retail seller or manufacturer conducts audits of suppliers to evaluate supplier compliance with company standards for trafficking and slavery in supply chains. 

3. Certification: To what extent, if any, the retail seller or manufacturer requires direct suppliers to certify that materials incorporated into the product comply with the laws regarding slavery and human trafficking of the country or countries in which they are doing business.

4. Internal Accountability: To what extent, if any, the retail seller or manufacturer maintains internal accountability standards and procedures for employees or contractors failing to meet company standards regarding slavery and trafficking.

5. Training: To what extent, if any, that the retail seller or manufacturer provides company employees and management, who have direct responsibility for supply chain management, training on human trafficking and slavery, particularly with respect to mitigating risks within the supply chains of products.

(Cal. Civ. Code, § 1714.43, subds. (c)(1)-(5).)

The Act provides consumers with a mechanism to use the power of information in the fight against slavery and trafficking.  For California consumers, evaluating company disclosures required by the California Transparency in Supply Chains Act is among the best ways to use their voices and wallets to influence supply practices that contribute to the slavery and trafficking problem around the globe.  

WHERE TO REPORT SUSPECTED VIOLATIONS OF THE ACT:

The Attorney General has created an online form to accept inquiries and reports related to the California Transparency in Supply Chains Act. Please direct any such inquiries or reports to http://oag.ca.gov/sb657/contact-us or to:

SB 657 Enforcement Reporting
Attention: Civil Rights Enforcement Section
300 S. Spring Street, Suite 1702
Los Angeles, California 90013

WHERE TO REPORT INSTANCES OF HUMAN TRAFFICKING:

If you or someone you know is a victim of human trafficking, please seek help immediately by calling the National Human Trafficking Resource Center Hotline at 1-888-373-7888 or the U.S. Department of Justice Hotline at 1-888-428-7581. For more general information and additional resources, please visit the Attorney General’s Human Trafficking page at http://oag.ca.gov/human-trafficking.

SACRAMENTO— Attorney General Kamala D. Harris today issued a resource guide to assist companies that do business in California with disclosing their efforts to prevent and root out human trafficking and slavery in their product supply chains, as required by law. The guide, The California Transparency in Supply Chains Act: A Resource Guide, provides businesses with recommendations to develop and refine their disclosures to consumers.

“Human trafficking profits from exploiting the most vulnerable in our society and often extends to factories, farms and construction sites,” Attorney General Harris said. “This guide will help companies disclose efforts to eradicate human trafficking from their supply chains and empower consumers to make informed purchasing decisions.”   

The California Transparency in Supply Chains Act (D-Steinberg, 2010) (the Act) requires large retailers and manufacturers that do business in California to disclose on their websites their efforts to eradicate slavery and human trafficking from their direct supply chain for tangible goods offered for sale. The Act applies to companies doing business in California with annual worldwide gross receipts totaling over $100 million and that identify themselves as a retail seller or manufacturer on its California tax return.  

The Resource Guide explains each of the Act’s requirements, and provides model disclosures inspired by actual company website disclosures.  These model disclosures aim to help businesses develop their own effective disclosures—ones that not only comply with the Act, but also more fully educate the public about the integrity of their supply chains.  

Specifically, the new guide will assist companies in addressing the Act’s five required disclosure categories:

1. Verification: Disclose to what extent, if any, that the retail seller or manufacturer engages in verification of product supply chains to evaluate and address risks of human trafficking and slavery. 

2. Audits: Disclose to what extent, if any, the retail seller or manufacturer conducts audits of suppliers to evaluate supplier compliance with company standards for trafficking and slavery in supply chains. 

3. Certification: Disclose to what extent, if any, the retail seller or manufacturer requires direct suppliers to certify that materials incorporated into the product comply with the laws regarding slavery and human trafficking of the country or countries in which they are doing business. 

4. Internal Accountability: Disclose to what extent, if any, the retail seller or manufacturer maintains internal accountability standards and procedures for employees or contractors failing to meet company standards regarding slavery and trafficking.

5. Training: Disclose to what extent, if any, that the retail seller or manufacturer provides company employees and management, who have direct responsibility for supply chain management, training on human trafficking and slavery, particularly with respect to mitigating risks within the supply chains of products.

The Act does not impose any obligation on businesses to implement new measures. All disclosures must be made available on the company’s website and be accessible by a conspicuous link on the homepage. If a company subject to the law does not have a website, it must provide written disclosures within 30 days of receiving a request for the information.

In 2012, Attorney General Harris released a report, The State of Human Trafficking in California, which outlined the growing prevalence of human trafficking and emphasized that the crime is routinely “hidden in plain sight,” with victims often going unrecognized and consumers across the United States—including those in California—routinely make purchasing and business choices that “inadvertently promote the crime of trafficking.” Developing model disclosures will empower California consumers to join the fight against human trafficking, and enable companies to highlight their efforts to eradicate trafficking and slavery from their supply chains and improve the quality of the goods they bring to market.

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SACRAMENTO – Attorney General Kamala D. Harris and United States Attorney for the Eastern District of California Benjamin B. Wagner today announced that Alan Tikal, the principal operator of a large-scale mortgage fraud scheme, was sentenced to 24 years in prison.

“Alan Tikal’s actions were illegal and will not be tolerated in California.  He and his partners defrauded hundreds of hard-working Californians who were fighting to keep their homes during our state’s foreclosure crisis,” Attorney General Harris said. “This predatory scheme robbed families of their life savings and in many cases, their homes. I thank our California Mortgage Fraud Strike Force and the U.S. Department of Justice for their work to bring these individuals to justice.”

“The financial crisis that hit our communities so hard made it very difficult for a lot of people to make ends meet,“ said U.S. Attorney Wagner. “Alan Tikal cynically took advantage of the desperation those people felt for his own profit, stealing payments meant to preserve family homes. Although we cannot undo the harm Tikal inflicted, today’s sentence provides a measure of justice.”  

In September 2014, Alan David Tikal, 46, was convicted of 11 counts of mail fraud and one count of money laundering by United States District Judge Troy L. Nunley. The case was jointly prosecuted by the United States Attorney’s Office for the Eastern District of California and the California Attorney General’s Office.

Between January 7, 2010 and August 20, 2013, Tikal operated a business under the name KATN, which targeted vulnerable and non-English speaking homeowners looking for mortgage assistance in the wake of the financial meltdown. According to evidence presented at trial, Tikal and his associates promised these homeowners that their outstanding mortgage debt would be reduced by 75%.  Tikal falsely claimed that he was a registered private banker with access to an enormous line of credit and was able to pay off homeowners’ debt in full. In exchange for various fees and payments, the homeowners existing mortgages would be satisfied and replaced with new loans to Tikal at 25% of the original loan obligation.

There were no instances in which the homeowner’s mortgage was paid, forgiven, or extinguished. Instead Tikal pocketed the victim’s money and spent it on chartered airline travel, a $5,000 suit, new cars, and other extravagant living expenses. Tikal and his associates convinced more than 1,000 homeowners in California and other states to participate in this fraudulent scam. Homeowners collectively paid more than $5,800,000 in fees and monthly payments to Tikal and his associates. The results were catastrophic for many families, the scam drained the victims’ bank accounts and ultimately led to the loss of their homes.

In February, co-defendant Ray Kornfeld was sentenced to 5 years for his role in the scheme and ordered to pay over $3 million in restitution to the victims. Co-defendant Tamara Tikal previously entered a guilty plea and will be sentenced on April 23, 2015.  

Tikal’s arrest arose from an investigation by Special Inspector General for the Trouble Asset Relief Program (SIGTARP) and Attorney General Harris’ Mortgage Fraud Strike Force with assistance from the Stanislaus and Alameda County District Attorney’s Offices.

The Mortgage Fraud Strike Force was formed in May 2011 to comprehensively investigate and prosecute misconduct in the mortgage industry.  The Attorney General's efforts include securing approximately $20 billion for California in the National Mortgage Settlement and sponsoring the California Homeowner Bill of Rights, a package of laws instituting permanent mortgage-related reforms.

As part of National Consumer Protection Week, Attorney General Kamala D. Harris is alerting Californians to the threat of tax-related identity theft and issuing tips on how consumers can protect themselves during the tax filing process.

Tax-related identity theft commonly occurs when thieves send phishing emails that appear to be from the Internal Revenue Service (IRS) or the Franchise Tax Board (FTB), asking for personal information or including links to official-looking web sites.  Thieves may also use stolen personal information to file tax returns in someone else’s name in order to obtain a refund.

Tax Season Safety Tips

• Beware of unsolicited phone calls, emails or texts from anyone claiming to be from the IRS or the California Franchise Tax Board. If in doubt, contact the agency using the contact information in the Resources section below.  
• Never open an email or a text message that says it is from the IRS or the Franchise Tax Board; they are always fraudulent. State and federal tax agencies never initiate contact with taxpayers by email, text message or social media to request personal or financial information or to send notice regarding audits or refunds.
• If you think you have a tax identity theft problem or receive a letter from the IRS or the FTB stating that someone has already filed using your information, contact the agency. See the contact information in the Resources section below.
• When preparing your tax return for electronic filing, be sure to use a unique strong password on your online filing accounts. A strong password is eight or more characters, including letters, numbers and symbols. Use a unique password for each of your tax filing accounts.
• Think beyond the password. For greater security, you can get an Identity Protection PIN (IP PIN) for your e-filing account with the IRS. A new PIN is provided each year by the IRS. See the Resources section for more information.
• Check on the availability of two-step authentication to protect your tax filing accounts (and other online accounts containing sensitive information, such as your email and social media accounts). Two-step authentication offers stronger protection than just a password and username. The process (also called login approval or multi-factor authentication) adds a second factor, such as a one-time use code that is sent to you by email, phone or text. You enter that code, along with your username and password, to get access to your account. For more on two-step authentication, see the Resources section below.

Resources

Internal Revenue Service

Identity theft:  www.irs.gov/Individuals/Identity-Protection, www.irs.gov/Individuals/Indications-your-identity-may-have-been-stolen-and-how-to-report-it-to-us. 1-800-908-4490

Tax scams: www.irs.gov/uac/Tax-Scams-Consumer-Alerts 

Identity Protection PIN: www.irs.gov/Individuals/Get-An-Identity-Protection-PIN

California Franchise Tax Board

Identity theft: www.ftb.ca.gov/individuals/id_theft.shtml  

ID Theft Resolution Coordinator Web information: 916-845-3669

California Attorney General

Identity Theft Protection and First Aid: www.oag.ca.gov/idtheft  

Two-Step Authentication 

www.stopthinkconnect.org/campaigns/details/?id=460

SAN FRANCISCO – Attorney General Kamala D. Harris today issued a consumer alert in response to the reported Anthem Inc. data breach, which has impacted up to 80 million people.

The Attorney General’s Breach Help: Tips for Consumers has simple instructions for consumers who have been affected by a breach and includes what to do in response to a Social Security number breach. Breach Help is also available in Spanish.

Steps for Responding to Social Security Number Breach: 

1. PLACE A FRAUD ALERT.

Contact the three major credit bureaus and place a 90 day “fraud alert.” This helps protect you against the possibility of an identity thief opening new credit accounts in your name. When a merchant checks the credit history of someone applying for credit, the merchant gets an “alert” that there may be fraud on the account.

Experian       1-888-397-3742

Equifax         1-800-525-6285

TransUnion  1-800-680-7289

You will reach an automated telephone system. You will also be sent instructions on how to get a free copy of your report from each of the credit bureaus. Order the reports.  

2. REVIEW YOUR CREDIT REPORTS.

Look through each one carefully. Look for accounts you do not recognize, especially accounts opened since December 2014, when the Anthem breach occurred. Follow the instructions in the report for disputing any questionable information.

3. CONSIDER A SECURITY FREEZE.

Placing a security freeze on your credit files offers longer term protection. For information on how to do this, see “How to Freeze Your Credit Files” at www.oag.ca.gov/privacy/info-sheets.

4. BE WARY OF PHISHING ATTEMPTS.

If you get an email or call from someone claiming to be from Anthem and asking for your personal information, do not provide it. Scammers often take advantage of breaches by offering to help and actually seeking to steal your information. Check with Anthem through the phone number you usually use or one from the phone book, if you want to confirm that such a contact is legitimate.

More consumer information from the Attorney General:

Breach Help: Tips for Consumers

www.oag.ca.gov/sites/all/files/agweb/pdfs/privacy/cis-17-breach-help.pdf

En Español:  Ayuda en caso de robo de datos confidenciales

www.oag.ca.gov/sites/all/files/agweb/pdfs/privacy/sp-cis-17-breach-help.pdf?

How to Order Your Free Credit Reports

www.oag.ca.gov/sites/all/files/agweb/pdfs/idtheft/cis_11_free_annual_doj...

En Español:  Cómo encargar sus informes de crédito gratuitos

www.oag.ca.gov/sites/all/files/agweb/pdfs/idtheft/cis11spanish.pdf?

How to "Freeze" Your Credit Files

www.oag.ca.gov/sites/all/files/agweb/pdfs/idtheft/cis_10_credit_freeze_d...? 

Identity Theft Victim Checklist

http://oag.ca.gov/sites/all/files/agweb/pdfs/privacy/CIS_3_victim_checkl...?

En Español: Lo que deben hacer las víctimas de robo de identidad

www.oag.ca.gov/sites/all/files/agweb/pdfs/idtheft/sp_cis_3_vtm_checklist...?

Top 10 Tips for Identity Theft Protection

www.oag.ca.gov/sites/all/files/agweb/pdfs/idtheft/cis_1_top_10tips_doj.pdf?

En Español:  Los 10 consejos para protegerse contra el robo de identidad www.oag.ca.gov/sites/all/files/agweb/pdfs/idtheft/cis_1_top_10tips_doj_s...?

UPDATE: The breach may pose a risk of medical identity theft, which is the use of someone’s identity to obtain medical services or products or for financial gain. Affected individuals should closely watch the Explanation of Benefits statements they receive from their health insurer. If the statement includes a service or product you did not receive, contact the insurer and ask for details. For more information, see First Aid for Medical identity Theft: Tips for Consumers, https://oag.ca.gov/sites/all/files/agweb/pdfs/privacy/cis_16_med_id_theft.pdf

Anthem has stated that it is not calling members regarding the incident and is not asking for credit card information or social security numbers over the phone. Anthem will contact current and former members via mail delivered by the U.S. Postal Service with specific information on how to enroll in credit monitoring. Affected members will receive free credit monitoring and ID protection services.  For Anthem’s updates on the incident, go to www.anthemfacts.com/faqor call (877) 263-7995

SAN FRANCISCO – Attorney General Kamala D. Harris, along with the U.S. Department of Justice and the attorneys general of eighteen states and the District of Columbia, today announced a settlement with Standard & Poor’s Financial Services LLC (S&P) and its parent company, McGraw-Hill Financial Inc., to resolve federal and state civil claims related to S&P’s conduct in inflating ratings of residential mortgage-backed securities and structured investment vehicle notes.  

Combined with a separate settlement also announced today resolving a lawsuit filed by the California Public Employees’ Retirement System (CalPERS), S&P will pay a total of $1.5 billion to federal and state government entities. The State of California, through Attorney General Harris’ office, will recover $210 million in damages, from which CalPERS and the California State Teachers’ Retirement System (CalSTRS) will receive allocations for their losses on investments of certain S&P-rated securities.  Separately, S&P will also pay CalPERS $125 million to settle CalPERS’ specific lawsuit.  The remainder of the total settlement proceeds will be distributed amongst the U.S. Department of Justice and the other nineteen attorneys general.   

 “S&P profited by misleading investors who trusted its ratings,” Attorney General Harris said. “California’s public pension funds suffered significant losses due to S&P’s failure to honestly and accurately disclose the risk of the very investments that caused an international economic recession.  This settlement holds S&P accountable for financial losses caused by these misrepresentations and compensates our pension funds.”

This settlement is the latest in several resolutions holding responsible the institutions that contributed to the financial crisis.  To date, Attorney General Harris has recovered over $900 million for California’s public pension funds.  In August 2014, Attorney General Harris announced a $300 million settlement with Bank of America over its misrepresentations in residential mortgage-backed securities sold to CalPERS and CalSTRS.  Similar settlements were reached in July 2014 with Citigroup Inc. for nearly $200 million and in November 2013 with J.P. Morgan Chase & Co. for $300 million.

An investigation conducted by Attorney General Harris showed that S&P systematically misrepresented to the public, and to CalPERS and CalSTRS, that its ratings of structured finance securities were based on an objective and reliable analysis and not influenced by S&P’s economic interests.  Investors relied on these ratings to invest in the structured finance securities, the collapse of which led to the financial crisis.  

As part of the settlement, S&P agreed to a statement of facts which indicate that, despite its claims of objectivity and independence, it overruled the recommendations of its ratings experts out of concern that S&P’s business would be harmed if the company did not rate its clients’ securities positively.  The settlement does not absolve S&P or its employees from any possible criminal charges.

The settlement with S&P arises from the investigation into mortgage-backed securities by Attorney General Harris’ Mortgage Fraud Strike Force, which was formed in May 2011 to comprehensively investigate misconduct in the mortgage industry.  The Attorney General's additional efforts to investigate the mortgage crisis include securing approximately $20 billion for California in the National Mortgage Settlement and sponsoring the California Homeowner Bill of Rights, a package of laws instituting permanent mortgage-related reforms.

For more information on the U.S. Department of Justice settlement, visit: http://www.justice.gov/

SAN FRANCISCO – Attorney General Kamala D. Harris today issued an information bulletin to California law enforcement agencies, higher education administrators and campus security personnel, providing enforcement guidance on new and amended sexual assault and campus safety laws. The bulletin summarizes SB 967 (Senate pro Tempore Kevin de León, D-Los Angeles) and AB 1433 (Assemblymember Mike Gatto, D-Glendale), gives enforcement guidance in the context of existing state and federal statutes, and encourages increased collaboration between law enforcement and campus authorities.

“The threat of sexual assault is real and pervasive,” said Attorney General Harris. “Last year California adopted some of the most aggressive campus sexual assault laws in the country. Today’s bulletin ensures that education leaders and law enforcement understand their responsibilities under these laws, enforce them consistently, and collaborate to protect victims.” 

The two new laws create reporting requirements and standards for campus disciplinary procedures.

SB 967 requires California postsecondary institutions – in order to receive state funds for financial assistance – to adopt comprehensive, victim-centered policies and disciplinary procedures concerning sexual assault, domestic violence, dating violence and stalking. Under the law, an institution’s policy governing its campus disciplinary process must use an affirmative consent standard – defined as an affirmative, conscious and voluntary agreement to engage in sexual activity – to determine whether a sexual assault complainant consented.   

SB 967 requires campuses to use a preponderance of the evidence standard when adjudicating complaints in the campus disciplinary process. This means the evidence must show it is “more likely than not” – i.e., greater than 50 percent likelihood – that the victim did not consent. The law also requires postsecondary institutions to partner with campus and community organizations to refer both victims and perpetrators to health, counseling, advocacy and legal services.

“The laws we pursue in the California legislature set an example for the rest of the country,” Senate pro Tempore de León stated. “With 1 in 5 women on college campuses experiencing sexual assault, it’s our responsibility to secure a safe learning environment for our students.”

AB 1433 specifies that as a condition for participation in the Cal Grant program, campus security authorities are required to immediately – or as soon as practicably possible – disclose to local law enforcement any report of a violent crime, hate crime or sexual assault, whether committed on- or off-campus. Postsecondary governing boards must implement policies and procedures by July 1, 2015, to ensure reports of these crimes are immediately forwarded to the appropriate law enforcement agency.  

“Students at our colleges and universities deserve to learn without living in fear of sexual assault, and they deserve to know that crimes that occur on campus won’t be treated any differently than those that occur elsewhere in our community,” said Assemblymember Mike Gatto.  “I thank Attorney General Harris for her advice and collaboration in these matters.”

AB 1433 builds on existing state and federal requirements for campus and law enforcement collaboration. California law already requires postsecondary institutions to enter into written agreements with local law enforcement agencies. The federal Clery Act also requires campus officials to contact local law enforcement to obtain accurate statistics about crimes reported on or near campus. 

Attorney General Harris has a longstanding commitment to reducing sexual violence and seeking justice for sexual assault victims. In her first year in office, Attorney General Harris eliminated a longstanding backlog of untested rape kits in state-run labs – which included 1,300 DNA cases.  In April 2014, the California Attorney General’s Rapid DNA Service Team received the United States Department of Justice Award for Professional Innovation in Victim Services. Attorney General Harris is currently prosecuting two operators of cyber exploitation websites who, combined, facilitated the posting of over 10,000 sexually explicit photos and extorted victims to remove the illicit content.

 In the coming months, the Attorney General’s Office will release additional guidance suggesting ways in which law enforcement and campus personnel can comply with the new laws and facilitate justice for victims and accountability for perpetrators. 

To view the information bulletin click here: http://bit.ly/1CcwfB1