You can use your smartphone to do just about anything, and now you can buy a flat screen TV with a single screen tap.  But is it a good idea?  T-Mobile just launched a new service dubbed “Direct Carrier Billing,” which allows users to make purchases on their phone and billed to their T-Mobile account.  Consumer attorneys warn that these services don’t offer adequate fraud protection, which means that in a dispute the consumer can be stuck with the bill.

T-Mobile’s service certainly isn’t the first or only cell phone payment device.  Paypal, Obopay, Square, Zong, and FaceCash all have applications that allow you to pay by phone.  And there’s nothing inherently wrong with using your cell phone to purchase items.  Any payment method is subject to loss or theft, but deactivating the phone is as simple as making a call to your service provider, just as you would call your credit card company if you lost your card. 

What makes some of these services, like T-Mobile’s, especially risky is not that they come in phone form - - it’s the form of payment that they are backed by.  With most services you can choose your form of payment be a credit card, a debit card, your checking account, or in the case of T-Mobile’s service: your wireless bill.  By federal law, credit cards offer excellent protection in the event of theft, misuse, or dispute, with limited liability for the consumer.  Debit cards offer limited liability to a lesser extent.  But your rights in regards to phone bill charges are unclear.  Any fraud protections would be based on your wireless carrier’s contract.  Consumers Union did an investigation of 19 wireless contracts to see what purchase protections were offered and found that none were as strong as credit/debit card protections.  So, say you purchase an item for $50 at Joe’s Shop and it appears at $75 on your statement, or say fraudulent charges appear on your bill.  With T-Mobile’s service, you don’t have federal law protecting your liability; you’re at the mercy of T-Mobile’s decision.

There is some good news: if you’re in the state of California, the California Public Utilities Commission provides residents the right to reverse unauthorized charges and bar third party charges from phone bills.  And Consumers Union is petitioning wireless carriers to adopt stronger consumer safeguards.  Until then, if you choose to make any purchases with your mobile, protect yourself by linking your credit card to the transaction.

Sources:
“New Ways to Pay,” Consumer Reports, September 2011 edition
“T-Mobile payment system leaves users vulnerable, report says,” LA Times, http://latimesblogs.latimes.com/technology/2011/08/t-mobile-payment-system.html

We all know California is earthquake country and “unsettling” might be the word to describe recent major and devastating quakes in Japan, New Zealand and Haiti. Being prepared for--and surviving--a major quake should be first priority but what about the financial aftershocks?

No doubt many Californians are concerned as they hear those "in the know" predict we are due for a Big One. Is it time for consumers to take a look at the pros and cons of purchasing earthquake insurance? Learn more from this Los Angeles Times report.

As citizens of this country, this county, and this city, we were given a right in 1968 to inspect public records by the California Public Records Act (PRA).

Unfortunately, the process wasn’t exactly made Average Joe/Joanne-friendly. There are guides and instructions to try to simplify the process, but most are created by the government agency that you are trying to request from. So here’s the breakdown in non-government speak on how you can make your public records requests:

1. Figure out which agency has the information.

If a STATE agency has control of the document, you can request it using the PRA. If you want to get copies of federal agency, legislative, or court documents, you have to go through the Federal Freedom of Information Act or the Public Rights of Access to Courts.

Identifying the agency may be the hardest part, but it’s not too bad. Some organizations you can request from include the Department of Water Resources, Public Utilities Commission, State Water Resources Control Board, all regional water quality control boards, as well as the DMV, Department of Justice, and Secretary of State.

There is a very clear list of SOME of the agencies on pages 21 and 22 of the California Public Records Act 

2. Put the request in writing (snail mail or email work).

The more specific you can be, the better. Dates, subject, title, or author would be wonderful but the act allows for some breathing room in case you aren’t familiar with the department or the record you are looking for. Any department that doesn’t list an index of its records is required to assist you in identifying the record when it is unclear which one you’re looking for.

 You should definitely include:

a) That you are requesting the information under the PRA.

b) A description of the record.

c) Whether you are using it for “personal use,” “commercial use,” or “scholarly study.” They will use the information to determine copying fees, which can also vary depending on agency and amount of work involved in finding the record.

d) Your contact information so they can respond.

3. Mail it off and Wait.

If you know which department you are requesting information from, check their website for an address, but keep in mind not every agency will provide information on where to send it. All of the examples given above and on pages 21 and 22 of the act are required to tell you where to send it.  

Some agencies will try to hide this information like the Easter Bunny hides eggs, but even if they don’t have the information posted they have to give you the record you request if they have it, are a state agency, there are no exemptions, and you follow the above guidelines.

I recently went on the SD Water Department webpage and couldn’t find anything. Next, I tried the SPUD (San Diego Public Utility Department) webpage to find out where to send a request for records in the water department. Regretfully I gave up after burying myself in links. I wrote to the webmaster of SPUD asking them to point me in the right direction to get public information from the water department.

The response? “You can send a request for information to me and I will pass it on to the right person. There is no formal form or guide to fill out.”

That was all that was included in the response besides a greeting and a sign off.

The response happened to be from SPUD Public Information Officer Kidman. Not the webmaster, not even anyone from the water department. No mention of the PRA, the guidelines written about it, what information to include, or who I can send it to, let alone follow up with.

Don’t be fooled! Make sure you are getting your written request to the right person so you know who to follow up with and that it gets to the right department. It is one of the requirements that you request from the appropriate department. Don’t give them an opportunity to deny your request or send you on a wild goose chase.  For information from SPUD, follow the instructions from the City of San Diego website, which you can find here: http://www.sandiego.gov/city-clerk/contact/requests.shtml.

After you send the request, the agency has 10 days to respond, either accepting or denying your request. In some unusual circumstances they may need another 14 days.

Unusual circumstances are supposed to be when they don’t have the resources or personnel to find your document.

Unfortunately, it seems “unusual circumstances” sometimes happen even when common sense tells us they have the documents right on hand, but don’t want to get around to the request.  Don't put up with this!  If you feel that SPUD is giving you the run around, contact us and we will help you get the information you are requesting!

So now that you have all the tools you need to request, take advantage, but remember you will need to be patient and assertive in your right to know!

Okay San Diego water customers! The time has come! Have you had it with the never ending water rate increases? Do you want your voice to make a difference? Well then pay close attention to every piece of mail you receive in early December. The City has decided to deliver an early holiday “gift.”

It was just announced at the November 29th City Council meeting that the notices for a hearing to consider the next water rate increase will be mailed out no later than December 8th. These notices notify you, the public, of your right to protest an upcoming water rate increase that is due to the County Water Authority raising its costs.

So it’s up to you to look for the notice in your mail, cut out the protest form, fill it out, and mail it back to the City. Or you could even print the notice off this blog and send it in. You can also write a letter following the instructions on the notice, or submit your written protest at the hearing on January 24th at 2pm. The notice looks like colorful junk mail, so keep your eyes peeled! It’s not even in an envelope.

We at UCAN’s Water Project tried our best to urge the Water Department to make these notices look more official. We wrote a letter to City Council and spoke at the November 29th hearing trying to explain how the multi-colored, awful design will lead to thousands of people tossing these notices in the trash without even knowing it. Our letter is attached below. We also advocated for prepaid postage and a way to protest online, but our words of reason fell on deaf ears. We shouldn’t be surprised. Of course the Water Department wants you to throw away these notices. They want your money! Well don’t give it to them! Fill out your protest form and send it in! And tell all of your San Diego friends and family to do the same.

You will have from when you receive your notice until the public hearing on January 24th to protest this increase. If a majority of residents protest, the rate increase will not go through! How thoughtful of the City to put this water rate debate smack dab in the middle of the holidays! A small “gift” to its faithful customers.