Monday

Madoff Gets 150 Yrs of Justice

Bernard Madoff, who ruined the lives of several thousands of consumer victims from all walks of life, will be spending the rest of his life in jail.

At his sentencing hearing on Monday morning June 29, 2009, he was given a 150 year sentence.

Madoff pulled off what is probably the greatest Ponzi scheme fraud in history and has been the subject of tons of press that you can read at your leisure elsewhere on the internet.

The scale of his fraud and deceit certainly seems to easily justify the harshest of sentences. Still, one has to wonder where all the money went and why others didn't get arrested too. It seems very hard to believe that no one knew what he was up to in his entire operation --- not even his relatives who worked for him. Perhaps that's another day's justice.

Burdge Law Office
Helping consumers protect themselves from fraud, and get their money back, since 1978.

New GM Promises to Honor Warranties

Good news for owners of GM cars and trucks --- reports are that the "new" GM which comes out of bankruptcy will honor the "old" GM's warranty on the millions of cars and trucks on the road.

That announcement, although a promise yet to be fulfilled, puts it ahead of Chrysler, which issued only an ambiguous statement of possible warranty plans for the millions of Chrysler vehicle owners who still don't know where they stand for sure.

If you've got a GM or a Chrysler vehicle, and you have any defects or problems, get it in the shop right away, while your dealer is still around and willing to try to help you.

For now, GM owners can breathe a sigh of relief.

Burdge Law Office
Helping consumers protect themselves since 1978.

Is Fraud Increasing?



The answer is yes according to the Association of Certified Fraud Examiners (ACFE). And, worse yet, it is expected to continue in the near future as the rescession takes its toll on jobs and wages.



The ACFE is the world's largest anti-fraud organization, dedicated to reducing business fraud. In their 2008 Report to the Nation, they found that nearly a trillion dollars of business annual revenues were siphoned off due to fraud. Now, their newest report indicates the level of business fraud is rising.



Rising faster than the Wall Street churning fraud of the late 80-early-1990's, that spawned Glenn Frey's hit song "I've Got Mine", the fraud investigators at ACFE said the expect fraud to continue to increase during the next 12 months too.



Their latest report is based on a survey of fraud investigators, who reported an increase in fraudulent activities in the last year over past years. The report, "Occupational
Fraud: A Study of the Impact of an Economic Recession", blames the increase on "intense financial pressures during the economic crisis." There mere existence of an opportunity for fraud to occur was not enough, according to ACFE.

As the ACFE President said, "Desperate people do desperate things."

These are tough times and they're right. The fear of personal disaster can cause many otherwise honest merchants and business people to consider and do things that might not occur in a normal economy. The result for you? Be more careful than ever. After all, the only thing that makes Bernie Madoff unusual nowadays, may be the sheer size of his fraud. The more ordinary acts of fraud may be happening all around you in ordinary small ways.

A fourth of the fraud discovered in the ACFE's 2008 Report was just plain overbilling. That could be as simple as bogus charge card billing or phone bill statement in small amounts of $15 or $20 which adds up to millions of dollars because many people don't look over their charge card bills carefully or just don't complain long enough or loud enough about the suspicious small charge on their account.

Don't waste your money. If you see a charge you didn't authorize on your account statement, call and demand that it be removed and don't take "no" for an answer. Then, report it to your state Attorney General's Consumer Fraud department and demand that they investigate.

Crooks will always be crooks, but these hard times are causing many near-crooks to turn the corner, costing consumers millions of their hard earned dollars.

Burdge Law Office

www.OhioConsumerLaw.com

Helping consumers protect themselves since 1978.

Friday

Penske Buys Saturn

The Penske Auto Group has inked a deal with GM to buy Saturn. Included in the deal will be the brand itself, the parts inventory, and the right to distribute the Saturn vehicle line, which GM apparently will continue to build for another 2 years.

In addition to moving things along for GM, it also means a big sigh of relief for the roughly 360 Saturn dealers who General Motors had announced would be orphaned if a sale did not occur.

A Chinese company has announced its intention to buy the Hummer operation, But that still leaves Pontiac to contend with as GM keeps heading to a leaner operation that it hopes will be more profitable too.

There's no word yet on whether the sales would mean that the new owners would continue to honor the old GM warranties but under bankruptcy law the sales could occur in such a way that all old warranty rights were liquidated. Or not. We'll have to wait and see.

Burdge Law Office
Helping consumers protect themselves everyday since 1978.

Wednesday

Now, Let's Turn the Page

With GM having finally filed a Chapter 11 bankruptcy, maybe the auto industry and our whole economy can finally stop the dreading and nay-saying and move on. It's about time.

6,000 GM dealers received one of two letters from GM this week, the good one and the bad one. The bad one said "so long" basically. The good one, if you can call it that, set out new expectations for surviving dealers and new requirements too and gave a June 12 deadline to agree "or else" they'd find themselves being included in the bankruptcy and not invited along for the "survival ride" so to speak. Ok, so do it already, GM.

What this economy needs, we suspect, is for everyone to stop talking the doom and gloom trash and start getting over it and moving on.

At a concert in Dayton last night, the musician thanked the crowd for coming out and went on for another half minute or so to talk about the fact that we live in a resilient society in this country and that we will all survive the current economic mess and, perhaps, just keeping that in mind can help us to cope with the present and have more faith in the future. To be sure, we still need to be careful on this rocky road, but he had a good point about keeping in mind that the road does eventually lead us to a better spot.

It's time that Detroit, and the rest of us, turned the page. That starts with each of us. Then, maybe the media will realize that all of us regular folks have heard enough of the negative and tone it down too.

Friday

More GM Dealers to Get Chopped

Last month 1,124 GM dealers got their notice that they were being chopped. Now GM has come up with a plan to axe even more.

Seems that there are another 450 GM dealers whose franchises will expire within the next year that GM has decided will not be renewed. That has the same effect as shutting them down.

Reportedly, GM decided who to chop based on dealership profitability, its capitalization, its sales "effectiveness", and the dealer's customer-satisfaction scores. All of those are long-standing criteria used by manufacturers to score financially successful dealership operations.

All of this comes as GM is putting the finishing touches on what is expected to be the largest business bankruptcy ever filed in the US, which analysts predict will probably be filed Monday, June 1st, 2009.

On top of this new round of chop notices, when GM gets rid of Pontiac, Hummer, Saturn and its involvement with Saab, there will probably be several hundred other dealers that will be out of the picture.

The story now is the same as before. If you've got a lemon GM car, or any lemon car or lemon truck, you need a good attorney now more than ever. Don't put up with any repair shop run around either.

Burdge Law Office
Helping consumers get rid of lemon cars since 1978.

Tuesday

GM Predicted to File Bankruptcy Any Day


As of late afternoon on May 26, 2009, sources involved with the GM restructuring are saying it's all but over with.

GM had to get 90% of its bondholders to accept its "debt for equity" swap to avoid filing the largest ever industrial bankruptcy in US history by the end of the month and the final deadline is midnight. The tally? GM won't release the actual numbers but Reuters News is reporting that "a source" on the inside is saying the percentage is in the low single digits.

That means it's all but done for GM.

With no way to avoid reality, it seems it will now be impossible for GM to avoid filing bankruptcy any day now.

If you've got a GM built car, still under warranty, now's the time to get it in the shop, while the dealer might still honor the GM warranty work that you need. Pretty soon, that may not be the answer you get.

Burdge Law Office
Helping consumers protect themselves since 1978.

Thursday

List of Chrysler Dealers Being Chopped


On May 14, 2009 Chrysler notified 789 of its dealers that they were being chopped. That's about 25% of the total Chrysler dealer network. Reports are that the list was created largely with instructions of Fiat, who is expected to be the new owner in the coming weeks.

Fiat understandably would not likely sell well in the rural US, which may explain why many dealers on the chopping block are located in rural areas of the country. By closing the nearly 800 stores, the vast majority of remaining Chrysler dealerships are stores that sell all 3 brands under one roof --- Jeep, Dodge and Chrysler --- and that has been the goal of Chrysler for years. Too bad it took financial collapse to get it done.

To find out if a dealer near you is on the "you've been chopped" list, check out the Wall Street Journal's list posted here: http://online.wsj.com/public/resources/documents/Chryslerdealerlist05142009.pdf

If that link doesn't work, try here: http://msnbcmedia.msn.com/i/CNBC/Sections/News_And_Analysis/_News/__EDIT%20Englewood%20Cliffs/ChryslerDealership.pdf

Meanwhile, if you've got a Chrysler with defects, a Dodge that won't run, or a Jeep that won't beep, you better get it back to your dealer right away and try to get warranty work done while they are still around.

The Chrysler Bankruptcy actually involves about 25 corporations that Chrysler "owns" and here's the list along with their bankruptcy case number, for the curious crowd:

Petitions:
09-50000 Chrysler Realty Company LLC 09-50001 Peapod Mobility LLC09-50002 Chrysler LLC 09-50003 Chrysler Aviation Inc.09-50004 Chrysler Dutch Holding LLC09-50005 Chrysler Dutch Investment LLC 09-50006 Chrysler Dutch Operating Group LLC09-50007 Chrysler Institute of Engineering 09-50008 Chrysler International Corporation09-50009 Chrysler International Limited, L.L.C. 09-50010 Chrysler International Services, S.A.09-50011 Chrysler Motors LLC 09-50012 Chrysler Service Contracts Florida, Inc.
09-50013 Chrysler Service Contracts Inc.09-50014 Chrysler Technologies Middle East Ltd.09-50015 Chrysler Transport Inc.09-50016 Chrysler Vans LLC09-50017 DCC 929, Inc. 09-50018 Dealer Capital, Inc.09-50019 Global Electric Motorcars, LLC 09-50020 NEV Mobile Service, LLC09-50021 NEV Service, LLC 09-50022 TPF Asset, LLC09-50023 TPF Note, LLC09

You can monitor the Chrysler bankruptcy filings in Court at this website here: http://www.chryslerrestructuring.com/

If you've got a lemon Chrysler or a lemon Jeep or a lemon Dodge, now's the time to cross your fingers and try to get your dealer to agree to fix defects for free, while they are still there and while Chrysler might still pay them.

Today it was 25% of Chrysler dealers who got chopped. And tomorrow? General Motors says it will release its list of GM dealers who'll be chopped and reports are the numbers are only going to be bigger.

Burdge Law Office
Helping consumers get rid of lemons since 1978.

Saturday

Big Sam & Boxes on Wheels


There was a time when cars were king. Every model was a wondrous work of art, styling, and powerful engineering. Maybe it was because we were young. Maybe it was because they were just a different kind of car.

Back then I had one of these. A '59 Chevy Impala that I modestly called "Big Sam." It wasn't new when I got it, not by a long shot. But it was something else.

The jet style fins jumped into a short-lived automobile fashion with the General Motors 1959 models, although hints of what was coming sneaked into a couple of concept cars and the subtle model lines of several mid and late 50's cars. But with the '59, GM just went wild, admirably so.

Big Sam was a car I had back in my college days. It had a trunk that was bigger than whole cars I would later own and an engine compartment that was so big and roomy that you could actually climb in to work on the engine and you actually could work on the engine too. And when you pressed on the gas pedal, there was no turbo hesitating to get up to speed and there was no 4 cylinders looking for the rest of the engine either. It just got up and went. Fast.

I named Big Sam after an old grizzled man who frequented a family neighborhood bar nearby, named Sam. His face was time-worn and his hunched over stance, leaning forward slightly, reflected his sixty some years of a hard struggling life that led to his then-current daytime job as a mechanic for a local family amusement park, at a time when there still were such things.

He looked older than his years, but every day he quietly left his small two room dusty cabin next to the park and walked over to start his day changing oil and tightening chains on kids' rides that were easily as old as him. At the end of each day he just as quietly left the park to walk to Andy's Bar, where he'd drink a small bottle of cheap red wine, or two, before the night air turned dark and damp and he'd start his walk home.

Sam was a tired man but he was kind too. He tried to be friendly with everyone and seemed to understand when occassionally his time-roughened appearance caused strangers to ignore his soft "howdy." It was a greeting that marked his exit from another place in time no one else remembered. He had a warm smile that he seldom found a reason to show, but when he did, you knew it was real. He was a lot like that big old lumbering 59 Chevy Impala I had. It was a remarkable aged icon of another, earlier time that still was unique with a well-worn sort of dignity too. It was so like him that I got some paint and painted "Big Sam" in small print just beside the door handle. I never named a car before that one. I never named one after that either.

A lot of things have come and gone over the years. Some have hung around. Honesty. People trying to do what's right. That still matters. Being proud of what you do, that does too. And doing your job right, that still matters too. The line workers in Detroit and elsewhere, they know that too. Somewhere along the way, though, the bosses became bean counters and the only thing that mattered was profit. When that happened, the Big Three started to slide. They've been sliding ever since.

What we need from GM, and Chrysler too for that matter, is some of what used to matter in Detroit. A sense that people matter --- more than profit or the cost-cutting machines that replace them. Efficiency matters, but quality matters more. And maybe not forgetting that quality is something that starts with the hands that work the assembly line. And we need cars that are a thing of beauty again. It has taken GM decades to realize that maybe we don't really need cookie cutter boxes with wheels on them that have interchangeable labels, some Buick, some Pontiac, some Chevrolet, some Oldsmobile.

Motor vehicles have aged in the last 100+ years from a thing of convenience and necessity, to Beautiful Art on Wheels and then back to convenience and necessity again. There is a place, I'm sure, where cars are still a work of art that stirs emotion. If GM and Chrysler can find where that is, they'll survive and probably prosper. If they don't, well they'll probably survive anyway.

That place is what made the cars of another generation fun to drive, amazing to just look at, and sell with excitement. And it wasn't all that bad either.

I still remember Big Sam. Somewhere along the way I went on to other cars and other bars. I never knew what happened to Sam. Not him. Not the car. Years later I went by the street corner where Andy's Bar had been and it was gone too.

My wife and I don't drive a GM or a Chrysler now. Sometimes I wish I did. Whether I will in the future depends on them more than me. Still, I'd hate to lose GM or Chrysler. They're sort of like that uncle that everyone in the family talks about but doesn't know what to do about.

I'm a lawyer who has spent his entire career representing consumers against motor vehicle manufacturers and dealers. If manufacturers just built them right in the first place, and their dealers were just honest folks, I probably would have spent my career doing something else. I still wouldn't mind it now, but I suspect neither of them will change anytime too soon. Unfortunately, hard economic times don't get rid of all the crooked car dealers or the bumbling manufacturers. In the meantime, consumers need to be careful out there. And if something bad happens to you, call us. Getting rid of lemons is still what we do. Everyday. Since 1978.

Because life is too short to put up with a bad car or a bad dealer.

Friday

GM Parties on Government Money

Literally weeks before a government deadline to avoid bankruptcy, GM threw a Resort Getaway party for 500 of its biggest customers. Well, it's good to see that last billion dollar bailout is being put to good use (sarcasm intended).

CBS' KPHO television station reported that GM paid for airfare and treated 500 guests to a two night stay at the Phoenix lux resort Sheraton Wild Horse Pass Resort & Spa.

The GM guests work for rental car companies, government agencies and businesses that buy GM vehicles. To help them get around during their stay, GM reportedly shipped in 150 vehicles for them to use.

But not all the sun, fun, games, golf, and spa time is on GM. Apparently golf and spa costs aren't being covered by GM. Well, that's certainly reasonable, folks (more sarcasm intended).

Local tv station CBS 5 News wanted to get on the property to ask more questions about the event but the resort would not allow media inside. Here's a link to the station's news piece about it: http://www.kpho.com/video/19400972/index.html

GM bleeds and borrows and then parties on taxpayer loans. And then DFO Ray Young said GM will need almost $3 billion more of government loan money now and probably $9 billion more during the rest of the year. It makes you wonder what these bozo's are thinking.

"We cannot cut costs fast enough to offset that revenue loss," Young is reported to have said. "People are concerned about bankruptcy, and that's the reason why we want to avoid it if at all possible." He might as well have added, "cutting those greens fees and spa treatments really helped, too."

Well, there's certainly nothing like a good party to chase away those bankruptcy blues, that's for sure.

Detroit auto workers need help and that means the company needs help, but luxury weekend resort time on the government tab is not a good PR move. It doesn't take a genuis to realize it either. Stunts like this are a good example of why GM is sliding toward bankruptcy and more and more likely to land smack dab in the middle of a bankruptcy courtroom.

Meanwhile, if you've got a GM product and it needs warranty repair work, you better get it in the shop quick. Some dealers are already reported to be refusing to do warranty work out of fear that they won't get reimbursed for it by the factory. Gee, I guess those resort weekends can get expensive.

Burdge Law Office
Helping consumers protect themselves in tough times.

Wednesday

Best Buy to Sell Motorcycles



Motorcycles for sale at your local Best Buy? The deal has been inked and they are set to go on sale first in the West Coast's Best Buy stores. It could go national after that.

And if the quality turns out to be accurate, normal modest sized motorcycles will be up against some stiff competition. They're electric powered and not bad looking at all.


For a new company to create a network of dealers from scratch is a huge hurdle. Craig Bramscher, CEO of electric motorcycle maker Brammo, made a really smart move, though. He made a deal with Best Buy.

The Brammo Enertia model is a carbon fiber urban commuter motorbike with a top speed of 50 mph and a 40 mile range. What helps get past its small range is its cool looks. It doesn't hurt that the company founder is a "car guy" either, starting out at a parts store in Kansas City and building a media company that works with media industry giants now.

Later this spring, the first Brammo EV bike model (there are 3 models planned) will go on sale online, but you can pick up one at some Best Buy stores later this spring too. Details are sketchy at this early stage but the Best Buy models are set to include the Brammo.

Although Brammo started out to build super cars, the rage for electric vehicles turned his thoughts to electric cars but he quickly realized that the start up costs would be impossible. However, building an electric motorcycle from scratch was a whole different thing.


Brammo’s goal is nothing less than being the first profitable pure "EV" company, and the plan is that motorcycles will make that happen. The Enertia is priced at $12,000, and reports are that an upscale version is already sold out. A federal ten percent tax credit actuallly can take the price down to $10,000.

“This is a super-efficient motorcycle,” company founder Bramscher is reported by Bnet Auto to have said. “It can travel 7,500 miles on $50 worth of energy. Existing motorcycles can do, at best, 80 mpg. We are orders of magnitude more efficient—and 10 times as efficient as a Prius, too.”

Tax credits, a reasonable price, terrific mileage, and wide market availability --- these are the makings of success and Bramscher could have a terrific product on his hands. If you want a motorcycle that will get you around town at a modest cost and that'll let you just drive right on by every gas station, then this just might be it.

Burdge Law Office
Helping consumers get rid of lemons everyday. Since 1978.

Monday

GM Gets Surgical

Doubt continues to grow on whether or not GM can avoid bankruptcy very soon. GM is backed into a corner with its well-heeled bond holders not budging and too many creditors clamoring for cash while the feds while away the hours on the doomsday clock.

People's jobs are at stake, to say nothing for Detroit prestige, and money is all that seems to matter to the bond holders who could save it all.

GM and others are pushing for a "surgical" bankruptcy that could put GM into bankruptcy court on a "preplanned" approach that would go into court with the intention of getting, in advance, the agreement of enough creditors to quickly pull livable pieces of the corporation out of bankruptcy and leave unprofitable pieces to their bankruptcy fate. The goal would be to get the profitable pieces out of court control in a matter of weeks.

But bankruptcy experts are saying it likely wouldn't be less than 6 months before bankruptcy court lets go of any pieces of the GM pie. A good example? The musings of many when Delphi was headed into bankruptcy court just before it filed in October 2005. It's still there.

GM wants its monied bond holders to cut two thirds of the debt by swapping bonds for GM shares but they aren't buying it. Given the recent trading history of GM stock, no one can blame them. A buck sixty eight a share in the afternoon of April 20, 2009. Whoddathunk?

None of this is shaking out too good for GM or Detroit. It won't be pretty for GM owners either. If your car is still covered by warranty, and you've got defects, better get it to the shop pretty soon, while dealers are still willing to honor the GM warranty. Once a bankruptcy is filed by GM, it's anyone's bet on what will happen next.

Wednesday

Chrysler-Fiat Iffy While GM Gets Gloomy and Saturn is Selling Out

Fiat has said that there's no better than a 50-50 chance they will work out a deal with Chrysler, which only has until the end of the month to get the deal done. Apparently Fiat has put some hard terms on the table that Chrysler may not be able to meet, including forcing some union concessions and participation that may be impossible.

Fiat has said that if their terms aren't met then they will walk out. Can you spell "bankruptcy" Chrysler?

And GM is having its troubles too, as the clock ticks toward its deadline. GM execs are openly talking about how to structure the bankruptcy now and even the "suits in the tower" are openly saying they are pessimistic about being able to avoid bankruptcy.

Crain, which knows Detroit's car makers better than anyone, reportedly has said that Chrysler is going to file bankruptcy in the coming weeks and that GM will follow before the end of May. Maybe. GM's stock price sure isn't anything to get excited about.

And Saturn? It looks to be going down the Chrysler road to outside ownership. Turns out that an investor group called Telesto Ventures is making a bid to buy Saturn from GM, and we all know how well that went for Chrysler when Daimler came to town. As part of the deal, they are reported to want GM to work with them to distribute vehicles for the next few years before they shift production elsewhere, reportedly overseas. Reportedly they intend to use the Saturn network to ultimately distribute cars and trucks made entirely by builders overseas. At the same time, GM is talking with its Saturn dealers about spinning Saturn off into an independent company if they have to, and if it'll work. Who knows where that's going . . . but Saturn's 384 US dealers are undoubtedly sweating.

Folks, if you've got a Chrysler or General Motors product with problems, now is the time to get it back to the dealer for warranty-covered repair work. If you've got a dispute with Chrysler or GM, or a lawsuit, you probably ought to think real hard about trying to get it settled and get money in your pocket while there is still money to be had.

Got a lemon car or lemon truck? Don't wait to get rid of it. If the dealer or manufacturer won't buy it back, call us. We've been getting rid of lemons since 1978. It's what we do.

Burdge Law Office
Because life is too short to put up with a bad car.

Friday

GM Default Likely, S&P Says


Standard & Poor, the people who rate the credit status of corporations, has cut GM's rating deeper into junk value because its assets are shrinking, sales are light and debt is not being reduced, according to S&P.

Although S&P predicts that a version of GM would be able to survive bankruptcy, the talk of it is becoming more frequent and more insistent, even inside GM itself.

"Should GM default or file for Chapter 11 bankruptcy protection, holders of its senior secured revolver should expect a 70 percent to 90 percent recovery of what they are owed instead of the previous expectation of 90 percent to 100 percent," S&P said in a recent Automotive News article.

The same article predicted that a Chapter 11 filing by Chrysler would likely be its death knell.

Meanwhile, if you've got a GM car or a Chrysler product with defects and it's still covered by warranty, you better get it back to your dealer for repairs while the factories are still honoring the warranties and all of this is just talk.

Burdge Law Office
Helping Consumers Protect Themselves Since 1978

Sunday

Reinventing Our Wheels

The Spring 2009 issue of Good magazine is all about transportation and focuses on reinventing transportation in all its facets, with particular emphasis on cars and all things Detroit. You can't see it online yet so you'll have to go to the bookstore and pick one up if you don't subscribe.


There's a great article on alternative fuel cars with an equally great guide to the different types and their pick of the best.


Of course they cover the well known Tesla battery-powered juiced up sports car and the Prius and the coming Insight and lots more. But what catches the eye is the unusual articles too.


The 7 best biking cities are covered, along with the pro and con of some pretty sophisticated two wheelers. Flying cars are covered (the concept actually goes back decades to Henry Ford and his idea wasn't even the first), a fascinating study on the traffic pattern applications of ants (yes, the little critters who all travel at the same speed and always yield the right of way to two types of worker ants), the aptera gets a mention (a space age looking car that actually is on the road in California and set to roll out soon), and the story of Max Sparber, who's been using a personal jet pak to get around Minnesota since 2008 and who you can watch online by doing a search for "max jet pack" on Flickr or at http://www.good.is/.


But the most amazing goes to a small panel article on page 88. There you'll find the amazing Indian Air Car. That's a story coming out of India's largest auto maker, Tata Motors, where they have created the world's first commercial car (well, really it looks like a small van) that runs on air. Right. Air. Well, actually it's compressed air. It's priced at just under $18,000 and an American version is slated for production with delivery in early 2010. It's call ZPM for Zero Pollution Motors and it is estimated that it'll run 1,000 miles on a single compressed air fill-up at speeds up to 96 mph.


The Indian Air Car is considered a front runner for the X Prize, a contest sponsored by the X Prize foundation that has $10 million on the table for a 100 mpg car that is mass produceable. We've talked about some of the cars that are in the running for the X Prize before, including the Aptera. But the Indian Air Car came out of nowhere.


By the way, this is a terrific magazine in general, costing only $20 to subscribe and they don't even keep the money. Instead they pass it on to any one of a number of "good" charities that they let you select from.
Burdge Law Office
Helping Consumers Protect Themselves Since 1978

Wednesday

Making Handbags to Survive

It's not all doom and gloom in the Rv industry. Some folks are making success out of disaster too.

While others in the industry are closing down and giving up, Goshen Indiana's Specialty Window Coverings, which makes window coverings for RVs, is digging its way out by making something totally different with millions of dollars worth of fabric they had in stock.

"Well, we lost a couple large customers and we sat around and tried to think of different ideas how to keep people working. "What can we do?" And one of the ideas was to make these bags," said Randy Ferrie, of Specialty Window Coverings.

Donna Gould, the company's sales manager said, "I had a carpet bag that a vendor had given me for a Christmas present and I had it on airplanes before and 'Where did you get that bag? I'd love to have that bag!' And so, it just started evolving from there."

With 200 employees laid off, some of the 30 employees left at Specialty Window Coverings started designing bags and making samples. They attach tags that say "Made in the USA" and "putting America back to work."

The company says they're selling great too. "They love the bags," said Woods. "The bags sell themselves when they see the quality of the product. But when they find out the plight of this company and the need, everybody knows we're the RV industry, they are just willing to help and get on board."

Meanwhile, the company has been able to hire back 6 former employees just to make the fast-selling bags, they report.

And they aren't a bad deal, either. The bags retail between $30 and $35. For more information, call 574.533.8641 or e-mail dibag.sales@decind.com.

At least the people haven't given up.

Burdge Law Office
Helping consumers protect themselves since 1978.

Navistar to buy Monaco Coach ?



700 Monaco Coach shareholders are likely stuck holding an empty bag of shares of stock after the company terminated them and filed for bankruptcy in March. Everyone agrees the stock has become virtually worthless.



When there's a bankruptcy, shareholders often don't get anything because there is not enough money to pay the bills, let alone return anything to the shareholders, bankruptcy experts generally agree.



In its bankuptcy papers, Monaco said that as of Sept. 27 it had more assets than liabilities — $442.1 million in assets and $208.8 million in debt. However the company has not yet provided a complete, current list of assets and debts that explains how it arrived at those numbers.



For now, Illinois-based Navistar International Corp. is reported to have signed a "nonbinding letter of intent" to buy Monaco’s core RV assets for up to $50 million, if the sale is approved by the bankruptcy court. If so, it could be completed by late June, according to documents Monaco filed with the U.S. Bankruptcy Court.



There's still no word on warranty rights under the proposed sale, but you can bet that the big corporations aren't about to let those survive the bankruptcy filing in all probability because of the high risk and expense that would be carried over. Maybe, but maybe not.


Burdge Law Office
Because life's too short to put up with a lemon.

Monday

Presidential Address on Auto Industry March 30, 2009

Editor Note: On March 30, 2009 President Obama delivered a short speech on the state of the struggling U.S. auto industry. In it the President discussed events of the last several months. What follows are the remarks as prepared for the President and circulated ahead of time by the White House Press Office. The actual speech varied somewhat from the prepared remarks, but because of its importance, we have published the remarks below.

Remarks of President Barack Obama on the Auto Industry, March 30, 2009, from Washington, DC:

One of the challenges we have confronted from the beginning of this administration is what to do about the state of our struggling auto industry. In recent months, my Auto Task Force has been reviewing requests by General Motors and Chrysler for additional government assistance as well as plans developed by each of these companies to restructure, modernize, and make themselves more competitive. Our evaluation is now complete. But before I lay out what needs to be done going forward, I want to say a few words about where we are, and what led us to this point.
It will come as a surprise to no one that some of the Americans who have suffered most during this recession have been those in the auto industry and those working for companies that support it. Over the past year, our auto industry has shed over 400,000 jobs, not only at the plants that produce cars but at the businesses that produce the parts that go into them, and the dealers that sell and repair them. More than one in ten Michigan residents is out of work – the most of any state. And towns and cities across the great Midwest have watched unemployment climb higher than it’s been in decades.

The pain being felt in places that rely on our auto industry is not the fault of our workers, who labor tirelessly and desperately want to see their companies succeed. And it is not the fault of all the families and communities that supported manufacturing plants throughout the generations. Rather, it is a failure of leadership – from Washington to Detroit – that led our auto companies to this point.

Year after year, decade after decade, we have seen problems papered-over and tough choices kicked down the road, even as foreign competitors outpaced us. Well, we have reached the end of that road. And we, as a nation, cannot afford to shirk responsibility any longer. Now is the time to confront our problems head-on and do what’s necessary to solve them.

We cannot, we must not, and we will not let our auto industry simply vanish. This industry is, like no other, an emblem of the American spirit; a once and future symbol of America’s success. It is what helped build the middle class and sustained it throughout the 20th century. It is a source of deep pride for the generations of American workers whose hard work and imagination led to some of the finest cars the world has ever known. It is a pillar of our economy that has held up the dreams of millions of our people. But we also cannot continue to excuse poor decisions. And we cannot make the survival of our auto industry dependent on an unending flow of tax dollars. These companies – and this industry – must ultimately stand on their own, not as wards of the state.

That is why the federal government provided General Motors and Chrysler with emergency loans to prevent their sudden collapse at the end of last year – only on the condition that they would develop plans to restructure. In keeping with that agreement, each company has submitted a plan to restructure. But after careful analysis, we have determined that neither goes far enough to warrant the substantial new investments that these companies are requesting. And so today, I am announcing that my administration will offer GM and Chrysler a limited period of time to work with creditors, unions, and other stakeholders to fundamentally restructure in a way that would justify an investment of additional tax dollars; a period during which they must produce plans that would give the American people confidence in their long-term prospects for success.

What we are asking is difficult. It will require hard choices by companies. It will require unions and workers who have already made painful concessions to make even more. It will require creditors to recognize that they cannot hold out for the prospect of endless government bailouts. Only then can we ask American taxpayers who have already put up so much of their hard-earned money to once more invest in a revitalized auto industry. But I am confident that if we are each willing to do our part, then this restructuring, as painful as it will be in the short-term, will mark not an end, but a new beginning for a great American industry; an auto industry that is once more out-competing the world; a 21st century auto industry that is creating new jobs, unleashing new prosperity, and manufacturing the fuel-efficient cars and trucks that will carry us toward an energy independent future. I am absolutely committed to working with Congress and the auto companies to meet one goal: the United States of America will lead the world in building the next generation of clean cars.

No one can deny that our auto industry has made meaningful progress in recent years. Some of the cars made by American workers are now outperforming the best cars made abroad. In 2008, the North American Car of the Year was a GM. This year, Buick tied for first place as the most reliable car in the world. And our companies are investing in breakthrough technologies that hold the promise of new vehicles that will help America end its addiction to foreign oil.
But our auto industry is not moving in the right direction fast enough to succeed. So let me discuss what measures need to be taken by each of the auto companies requesting taxpayer assistance, starting with General Motors. While GM has made a good faith effort to restructure over the past several months, the plan they have put forward is, in its current form, not strong enough. However, after broad consultations with a range of industry experts and financial advisors, I’m confident that GM can rise again, provided that it undergoes a fundamental restructuring. As an initial step, GM is announcing today that Rick Wagoner is stepping aside as Chairman and CEO. This is not meant as a condemnation of Mr. Wagoner, who has devoted his life to this company; rather, it’s a recognition that it will take a new vision and new direction to create the GM of the future.

In this context, my administration will offer General Motors adequate working capital over the next 60 days. During this time, my team will be working closely with GM to produce a better business plan. They must ask themselves: have they consolidated enough unprofitable brands? Have they cleaned up their balance sheets or are they still saddled with so much debt that they can’t make future investments? And above all, have they created a credible model for how to not only survive, but succeed in this competitive global market? Let me be clear: the United States government has no interest or intention of running GM. What we are interested in is giving GM an opportunity to finally make those much-needed changes that will let them emerge from this crisis a stronger and more competitive company.

The situation at Chrysler is more challenging. It is with deep reluctance but also a clear-eyed recognition of the facts that we have determined, after a careful review, that Chrysler needs a partner to remain viable. Recently, Chrysler reached out and found what could be a potential partner – the international car company Fiat, where the current management team has executed an impressive turnaround. Fiat is prepared to transfer its cutting-edge technology to Chrysler and, after working closely with my team, has committed to building new fuel-efficient cars and engines here in America. We have also secured an agreement that will ensure that Chrysler repays taxpayers for any new investments that are made before Fiat is allowed to take a majority ownership stake in Chrysler.

Still, such a deal would require an additional investment of tax dollars, and there are a number of hurdles that must be overcome to make it work. I am committed to doing all I can to see if a deal can be struck in a way that upholds the interests of American taxpayers. That is why we will give Chrysler and Fiat 30 days to overcome these hurdles and reach a final agreement – and we will provide Chrysler with adequate capital to continue operating during that time. If they are able to come to a sound agreement that protects American taxpayers, we will consider lending up to $6 billion to help their plan succeed. But if they and their stakeholders are unable to reach such an agreement, and in the absence of any other viable partnership, we will not be able to justify investing additional tax dollar to keep Chrysler in business.

While Chrysler and GM are very different companies with very different paths forward, both need a fresh start to implement the restructuring plans they develop. That may mean using our bankruptcy code as a mechanism to help them restructure quickly and emerge stronger. Now, I know that when people even hear the word "bankruptcy" it can be a bit unsettling, so let me explain what I mean. What I am talking about is using our existing legal structure as a tool that, with the backing of the U.S. government, can make it easier for General Motors and Chrysler to quickly clear away old debts that are weighing them down so they can get back on their feet and onto a path to success; a tool that we can use, even as workers are staying on the job building cars that are being sold. What I am not talking about is a process where a company is broken up, sold off, and no longer exists. And what I am not talking about is having a company stuck in court for years, unable to get out.

It is my hope that the steps I am announcing today will go a long way toward answering many of the questions people may have about the future of GM and Chrysler. But just in case there are still nagging doubts, let me say it as plainly as I can – if you buy a car from Chrysler or General Motors, you will be able to get your car serviced and repaired, just like always. Your warrantee will be safe. In fact, it will be safer than it’s ever been. Because starting today, the United States government will stand behind your warrantee.

But we must also recognize that the difficulties facing this industry are due in no small part to the weakness in our economy. Therefore, to support demand for auto sales during this period, I’m directing my team to take several steps. First, we will ensure that Recovery Act funds to purchase government cars go out as quickly as possible and work through the budget process to accelerate other federal fleet purchases as well. Second, we will accelerate our efforts through the Treasury Department’s Consumer and Business Lending Initiative. And we are working intensively with the auto finance companies to increase the flow of credit to both consumers and dealers. Third, the IRS is today launching a campaign to alert consumers of a new tax benefit for auto purchases made between February 16th and the end of this year – if you buy a car anytime this year, you may be able to deduct the cost of any sales and excise taxes. This provision could save families hundreds of dollars and lead to as many as 100,000 new car sales.

Finally, several members of Congress have proposed an even more ambitious incentive program to increase car sales while modernizing our auto fleet. Such fleet modernization programs, which provide a generous credit to consumers who turn in old, less fuel efficient cars and purchase cleaner cars have been successful in boosting auto sales in a number of European countries. I want to work with Congress to identify parts of the Recovery Act that could be trimmed to fund such a program, and make it retroactive starting today.

Let there be no doubt, it will take an unprecedented effort on all our parts – from the halls of Congress to the boardroom, from the union hall to the factory floor – to see the auto industry through these difficult times. But I want every American to know that the path I am laying out today is our best chance to make sure the cars of the future are built where they’ve always been built – in Detroit and across the Midwest; to make America’s auto industry in the 21st century what it was in the 20th century – unsurpassed around the world. This path has been chosen after consulting with other governments that are facing this crisis. We have worked closely with the Government of Canada on GM and Chrysler, as both companies have extensive operations there. The Canadian Government has indicated its support for our approach and will be announcing their specific commitments later today.

While the steps I am talking about will have an impact on all Americans, some of our fellow citizens will be affected more than any others. And so I’d like to speak directly to all those men and women who work in the auto industry or live in the countless communities that depend on it. Many of you have been going through tough times for longer than you’d care to remember. And I will not pretend the tough times are over. I cannot promise you there isn’t more pain to come. But what I can promise you is this – I will fight for you. You are the reason I am here today. I got my start fighting for working families in the shadows of a shuttered steel plant and I wake up every single day asking myself what I can do to give you and working people all across this country a fair shot at the American dream.

When a community is struck by a natural disaster, the nation responds to put it back on its feet. While the storm that’s hit our auto towns is not a tornado or a hurricane, the damage is clear, and we must respond. That is why today, I am designating a new Director of Recovery for Auto Communities and Workers to cut through red tape and ensure that the full resources of our federal government are leveraged to assist the workers, communities, and regions that rely on our auto industry. Edward Montgomery, a former Deputy Labor Secretary, has agreed to serve in this role. Together with Labor Secretary Solis and my Auto Task Force, Ed will help provide support to auto workers and their families, and open up opportunity in manufacturing communities. Michigan, Ohio, Indiana, and every other state that relies on the auto industry will have a strong advocate in Ed. He will direct a comprehensive effort that will help lift up the hardest hit areas by using the unprecedented levels of funding available in our Recovery Act and throughout our government to create new manufacturing jobs and new businesses where they are needed most – in your communities. And he will also lead an effort to identify new initiatives we may need to help support your communities going forward.

These efforts, as essential as they are, will not make everything better overnight. There are jobs that cannot be saved. There are plants that will not reopen. And there is little I can say that can subdue the anger or ease the frustration of all whose livelihoods hang in the balance because of failures that weren’t theirs.

But there is something I want everyone to remember. Remember that it is precisely in times like these – in moments of trial, and moments of hardship – that Americans rediscover the ingenuity and resilience that makes us who we are. That made the auto industry what it once was. That sent those first mass-produced cars rolling off assembly lines. That built an arsenal of democracy that propelled America to victory in the Second World War. And that powered our economic prowess in the first American century.

Because I know that if we can tap into that same ingenuity and resilience right now; if we can carry one another through this difficult time and do what must be done; then we will look back and say that this was the moment when America’s auto industry shed its old ways, marched into the future, and remade itself, once more, into an engine of opportunity and prosperity, not only in Detroit, and not only in our Midwest, but all across America.

Thursday

$50 Million Offered for Monaco Coach Corp

An unnamed suitor has offered $50 million for substantially all the assets of Monaco Coach Corp., according to a story on the AP newswire. That could be good news for Monaco owners, many of whom have been left stranded with no warranty protection since the company filed a Chapter 11 bankruptcy March 5, 2009.

Monaco stil has to get approval for the deal from its primary financiers, Bank of America and Ableco Finance, but if it happens then the Oregon based Rv maker could be back in business in the not too distant future.

Rv sales have plummetted in the last year as financing dried up and consumers found themselves in a down economy and lay-offs mounting up. The uncertainty of it all had a hard impact on the motorhome industry. After all, it's hard to justify a home on wheels when so many homes around you are being foreclosed on.

In January alone, Rv sales plunged more than 70 percent, as Fleetwood preceded Monaco into bankruptcy and both were on the heels of other Rv makers' trek to the bankruptcy court.

If you've got a Monaco coach, cross your fingers. Maybe things are beginning to look up.

Burdge Law Office
www.RvLemonLaw.com
Because life's too short to put up with a bad Rv.

Monday

Monaco Coach Files Bankruptcy

On March 5, 2009 Monaco Coach Company filed a chapter 11 bankruptcy in its home state of Delaware.

The entities that appear to be covered by the bankruptcy look like Signature Motorcoach Resorts, Inc., MCC Acquisition Corp.: Signature Resorts, Naples Motorcoach Resort, Inc., Outdoor Resorts of Naples, Inc., Port of the Isles Motorcoach Resort, Inc., Outdoor Resorts of Las Vegas, Inc., Signature Resorts of Las Vegas, Outdoor Resorts Motorcoach Country Club, Inc., Signature Resorts Motorcoach Country Club, Signature Resorts of Michigan, Inc., Signature Motorcoach Resort at Bay Harbor, La Quinta Motorcoach Resorts, Inc., R-Vision Holdings, LLC, R-Vision, Inc., R-Vision, Trail-Lite, R-Vision Motorized LLC, Bison Manufacturing, LLC, Bison Trailers, Bison Horse Trailers, Roadmaster LLC, Roadmaster Trailers.

Additional names listed for Monaco Coach Company include Holiday Rambler, Holiday Towables, Safari, Beaver, McKenzie Towables, McKenzie, Roadmaster Chassis, Nappanee Wood Products, Holiday Graphics, Salmon Acquisition, Inc., SMC Corp., Electronic Desgin and Assembly, INc., Safari Motor Coaches, Inc., Beaver Motor Coaches, Inc., Magnum Manufacturing, Inc., Royale Coach and Harney County Operations, Inc., among others.

The bankruptcy case and filings can be monitored at this website: http://omnimgt.com/Public/files/frmMainCase.aspx?cboclient=854

Having filed bankruptcy now, no creditor is allowed to file any lawsuits against the company and all its assets are under the ultimate control of the bankruptcy court although for now Monaco is a "debtor in possession" which means they are still running their business but under the protections given by the federal bankruptcy law.

If you own a vehicle manufactured by Monaco or one of its corporations or divisions involved in the bankruptcy, and are still covered by the new vehicle warranty and have defects, you should talk to an attorney before doing anything so you can be sure you understand your rights, remedies and obligations.


Burdge Law Office
http://www.rvlemonlaw.com/
Helping consumers get rid of lemon motorhomes since 1978.

Tuesday

Rv Industry Collapsing ?


Last year several Rv builders went out of business and this year things aren't looking any better. So far, Country Coach, Monaco Coach and Fleetwood have all filed bankruptcy (of one kind or another). Who's next? That's become the name of the name.

Both Monaco and Fleetwood were "delisted" from the New York Stock Exchange before their collapse, which greased the skids for their downhill slide into bankruptcy, but it undoubtedly was only part of the problem.

Quality control, warranty lawsuits, Katrina-trailer litigation --- even employee litigation was taking its toll. Pile on a few creditors, then toss in some corporate officers that dump some of their stock, mix with a generous portion of recession doldrums and unemployment blues and it's no wonder bankruptcy darkened the horizon.

The moral of the story? If you've got an Rv with problems, now is the time to get it in the shop for warranty work while you can and while there's still someone willing to honor the warranty, if there still is. Who would have thought that Fleetwood, with all its size, would ever be standing in bankruptcy court? And Monaco and Country Coach with them.
If you're thinking of buying a motorhome, be careful. Make sure you get a warranty from the selling dealer with it too. Not just one of those over-priced service contracts from some "post office" box company either (they don't call them a collander warranty for nothing, folks, and if you don't know what that means just ask any cook). Make the dealer write on the sales contract that they will back the original factory warranty too. Otherwise, what the dealer is telling you is "good luck, buddy."

Take care of your money. No one else will do it for you.

Burdge Law Office
Helping consumers protect themselves since 1978.

Thursday

GM Auditors in a Panic ?


It's official. Associated Press is reporting that GM's auditors (the number crunchers) have released their report on the health of GM and it's not good.


"The corporation's recurring losses from operations, stockholders' deficit, and inability to generate sufficient cash flow to meet its obligations and sustain its operations raise substantial doubt about its ability to continue as a going concern," Deloitte & Touche LLP's auditors wrote in their report.

GM's stock promptly took an 18% dive, taking its $1.84 down to within pennies of Ford's own dismal $1.82. Folks, what we have is trouble in River City and no one's singing in the rain.
It's turnaround plan includes laying off some 47,000 workers by the end of 2009 and getting billions more in bailout loan money, dumping unprofitable brands, restructuring debt and getting both creditor and union concessions.

GM readily admits that filing bankruptcy, even a chapter 11 "restructuring" kind, would likely scare off consumers who would doubt that the company would be around long enough to honor warranty claims. In the Rv industry, companies like Alfa Leisure and Country Coach have taught those lessons.
Will GM last in its present form? Probably not is our prediction. Will it mirror the breakup of ATT into all the "baby Bells" of decades ago, with each make becoming its own independent company? Could be. Do you want to buy some GM stock while it's cheap? Probably not.
If you're a consumer with a GM car or truck and you've got defects, now's the time to get it in the shop, while the dealer is still getting warranty claims paid for. When that stops, your dealer is likely to stop working on defects for free too.
You can watch the news report on GM's auditor report by clicking here, if you can stand it. It's time to watch your dollars very, very carefully, folks.
Burdge Law Office
Helping Consumers Protect Themselves Since 1978.

Monday

Who Owes the Most?

There's a new study out that tells what area of the country is in hock the most and who owes the least

Analysts at Experian (one of the 3 national credit reporting agencies) conducted a nationwide study of consumers debt habits and turned up some interesting results. So, is your amount of debt higher than your neighbor's?

On a national average, the average amount of money owed per individual on revolving credit accounts, such as credit cards, and fixed payment accounts, such as car loans, but not including mortgages, is a total of $17,103. Also, the national average credit score of an individual is 693 on Experian's score card.

But if you live in the Pacific Coast region your debt load is nearly 20% higher than the national average while your credit score is only one point higher. Maybe that means west coast consumers have a highly optimistic attitude but no real excetional credit worthiness to support it. They have nearly twice the amount of debt per person than East South Central region residents like those in Alabama.

And the lowest area of the country that is in hock? The East South Central region, where the average person owes about twenty percent less than the national average but has a credit score that is nine points lower than the national average. So either those folks are living within their means or they just can't get the credit to outspend the west coast folks. More likely than not, it's the former we suspect.

Oddly, in spite of the survey's indications otherwise, numbers in the survey show that 14% of the population have ten credit cards or more, with New Jersey and New Hampshire leading the pack.

Meanwhile, Minnesota residents generally have the highest average credit rating.

If you'd like to know how you rate with your neighbors, Experian has a web page where you can plug in your zip code and see a snapshot of the statistics for your neighborhood. Click here to see how you compare: http://www.nationalscoreindex.com/AreaScore.aspx

For a state by state analysis, click here.

No doubt about it. Your credit use and your credit score matter more than ever in these tight economic times. If you live in a high credit score area, use your credit carefully. And if you live in a highly indebted area of the country, be very careful about your indebtedness. Having credit is great, yes, but it can also ruin you.

More than ever you have to be sure your credit record does not contain errors. Your family's ability to get by may depend on it.

Burdge Law Office
Helping consumers fix credit problems since 1978.

How do you get rid of Asbestos?


Recent medical studies on Ohio asbestos disease victims has shown that almost all of them worked for industries relating to just three things: boilermakers, pipe-fitters and electricians. The asbestos exposure rate is a cause for alarm to Ohio doctors and citizens alike. If you are in one of these three professions, you should be even more concerned.

I've been reading some material written by Jesse Herman, one of the editors with the Mesothelioma Cancer Center and much of this blog comes directly from him and his sources through Asbestos.com.

Homes built before 1980 are likely to have asbestos insulation in them and when homeowners remodel they can easily expose themselves to asbestos, which could lead to the deadly cancer called mesothelioma. The good news is that there are ways to safely insulate your home and in the bitter winter weeks we just went through, now is a good time to take a look at the topic.

Ohio depends headvily on industrial giants like BP Amoco, Sunoco, Shell Oil and American Ship-Building shipyard, and in its early years asbestos became one of the most sought after building materials due to its resistance to many deteriorating conditions and easy usability. Problem is, people just didn't know what they were getting into.

Exposure to airborne asbestos fibers has caused many citizens, workers and military veterans to contract a severe form of asbestos-cancer known as mesothelioma. Between 1979 and 2001, the number of deaths due to asbestos disease in Ohio ranked Ohio fifth in the U.S. Regarding the percentage of mesothelioma deaths, Ohio ranked the highest in the country. Mesothelioma treatment is unfortunately limited due to an intense latency period that can last 20 to 50 years when the disease is already in its later stages. If you have worked in areas of possible asbestos exposure, you should seek medical attention immediately.

Ohio is ranked fifth in the United States for mesothelioma cases filed. Its state legislature enacted the Victim Fairness bill in 2004 because more than 23 Ohio companies with 80 facilities filed for bankruptcy protection, pointing to asbestos liability. Studies showed that asbestos liability was held responsible for the loss of over 60,000 jobs.

Consumer protection was given a boost when Dennis Kucinich, an Ohio legislator, proposed a dramatic shift to Medicare coverage laws which may help victims who, by the time they are diagnosed, are too late to file lawsuits to recover their damages. If you have worked in areas of possible exposure and suffer from an asbestos-related illness, you should find a mesothelioma lawyer who can protect your individual rights.

We don't do that kind of work at Burdge Law Office but if you've been exposed to asbestos, you need to know three things. First, it can cause cancer so see a doctor right away. Second, it's dangerous so don't try to remove asbestos yourself. And third, asbestos exposure has its own unique legal issues, so see an experienced attorney who deals with cases of this kind as soon as possible too.

The Ohio Department of Health offers an asbestos program which assists citizens in finding certified asbestos "abatement" contractors (people who safely remove or contain asbestos materials). These contractors will inspect and remove the toxic material from the designated location. It is strongly recommended that you NOT remove or disturb the asbestos yourself because that can actually cause you to be exposed to this cancer-causing material. These professionals are specifically trained in handling these hazardous materials. So, how do you get rid of asbestos? You call a professional.

Burdge Law Office
Helping consumers protect themselves since 1978.

Sunday

Wrecked Car Records Go Public, Finally



After years of wrangling and and lawsuits to force federal bureaucrats to do what Congress told them to do long ago, there is now an online database where consumers can go to get wrecked car records filed by insurance companies, junk yards, salvage yards and others.



A new web site now makes stolen car and wrecked car records publicly available so consumers can avoid buying patched up junk cars and trucks anywhere in the county. Ohio is one of 13 states leading the nation in using the new data to help protect consumers by reporting data and checking it before issuing vehicle titles.


While an estimated 73% of all US vehicles are reportedly in the database, 24 states still are not fully cooperating with the wrecked car record-keeping.


14 states are not participating while 10 more say they are "in development" but federal law requires full participation by 2010. Until then, you still can't be sure if that great looking used car was totaled in an accident Illinois, Kansas, Maine, Oregon, Washingto DC or 9 other states that are not telling the truth about their records. You can see the full list above and check car records here: http://www.nmvtis.gov/


It is unbelievable that California, New York and Pennsylvania are providing wrecked car data to the federal government but have blocked the government's ability to release that data to consumers. If you live in one of those three states, write your state governor and ask why they want to keep it secret. Some media reports say private record-keeping companies are paying those states big money to sell the data privately to them so they can keep charging consumers to see the stolen car and wrecked car records before buying a used car in those and other states.


What bragging US officials are slow to admit is that it took public interest group lawsuits to get them moving to comply with long-existing federal law that ordered the creation of the wrecked and stolen car database years ago. In fact Nova Scotia created a similar database with its records in June 2000 and made them available to all provinces to fight theft and consumer fraud. The US database goes one step further by putting access to the records on the internet.

The need for public access to the records is clear and with some 300 million vehicles whose history is now publicly available in one location, consumers can be far more certain of the prior history of the used cars in the marketplace before they put down their hard earned money.

Still, a lot of wrecked and stolen cars and trucks are not in the system yet and a lot more are in the system but access to their records are still being blocked.

If you end up being ripped off by a car dealer who sold you a car that had been wrecked without telling you all about it, contact us. We can help. It's what we do.

You can find out more about the dangers of wrecked cars by clicking here: http://www.ohiolemonlaw.com/wrecked-car-ripoff.html.

Burdge Law Office
Because life is too short to put up with being ripped off.

Wednesday

Cadillac XLR Dies and Saturn Lives


GM has announced that the Cadillac XLR will halt in the second quarter of 2009, as part of its cost-cutting efforts to impress Congress and get more bail out funding. At the same time, GM's budget still includes funding for Saturn so apparently the brand will live on --- for now.

Bringing the XLR to an end was expected and the move will mean layoffs for 40 workers at the Bowling Green, KY, GM plant, which also makes the Chevrolet Corvette. XLR sales are reported to have recently fallen 28.6% to a mere 1,250 vehicles. While a unique luxury 2 seater, its place in the lineup just isn't supported in the marketplace.

Cadillac hopes to keep buyers interested with a smaller sporty 4 seat car, the CTS coupe, which promises more power.

Meanwhile Saturn dealers are exhaling a sigh of relief at GM's dealer announcement that it won't kill the brand yet, in spite of promises to Congress that Saturn's days were numbered. Some dealers had reported that showrooms quickly emptied out when work got out last month that GM was thinking of either selling or closing down the entire Saturn operation. One dealer reported, off the record, that he hadn't sold a single car in the first 3 weeks of January.

Burdge Law Office
Helping consumers get rid of lemons since 1978.

Tuesday

Your Credit Score, Understanding It


A study in 2007 by Bankrate showed that 45% of US consumers don't know their own credit score and 32% have never even looked at their credit report. The current numbers are probably not much better and it's no wonder.

Everyone may be in debt, but your credit score is probably not as bad as you think.

There are actually 3 different methods, but the FICO credit score is a common one. Credit scores can range from 300 to 850, and the higher number indicates a better credit rating.

Using a complex math equation, 5 areas of a credit report are weighed to make up your FICO credit score: payment history (35%), length of credit history (15%), amounts owed (30%), new credit (10%), and types of accounts you have (10%). Some things are not counted toward your score at all, like age, sex, national origin and marital status.

Banks, finance companies, and other lenders look at your credit score to make credit decisions about you, including what interest rates to apply when you ask for a loan.

Looking at the numbers on a national scale, FICO reports that 7% have a score of 549 or less. 20% are in the 550 to 649 range. 33% are in the middle at 650 to 749 on the scale. Another 27% are between 750 and 799, and the top 13% have a score above 800.

To find out what your credit score is, you can get a free copy of your credit report once a year from each of the 3 major US credit bureaus by going to http://www.annualcreditreport.com/. There are other credit report sites out there but if a web site asks you for credit card information then you are NOT on the right web site to get a free report.

You should check your credit report at least once a year so you can be sure that there are no errors on your credit report. Credit record mistakes can cost you thousands of dollars in interest charges that a better score can avoid. You can find more tips about protecting your credit record by clicking here.

Whenever you are considering applying for a loan or new credit card, it's a good idea to consider getting a new copy of your report and checking it out for accurance before you apply for new credit. It can save you big money. And if you find an error on your credit, the report usually tells you how to straighten it out.

If the credit bureau won't remove it, and it's wrong, we can help, but in many cases this is one area where you can do it yourself.

Burdge Law Office
Helping consumers solve problems since 1978.

Sunday

Why Detroit Lives

Detroiters take a beating regularly. Whether it's the economy, sports, the auto business, foreclosures, all sorts of things. On top of that, winter weather is just plain bitterly cold.

So why does Detroit live? Why do Detroiters stay and keep going on? Well, someone has an answer. And when you think about it, it's an answer for all of us.

Mitch Albom, sometimes author (20 million copies of just 9 books is pretty darn good, folks) and long-time sports writer for the Detroit Free Press and Sports Illustrated, knows the reason and has written about it eloquently.

His is a story about changing downtowns, factory workers, soup kitchens, small talk among strangers, the reminder of Sweetest Day, and people who want to scream and don't.

Detroit right now feels like a lot of us. An ember of hope in the midst of dusty dreams yet to be. Of unemployment numbers in the midst of personal loyalty. Roots and perseverance. What Detroit has, is what many of us need.

Detroit hasn't given up, in spite of all the reasons things have been tough. It's like the rest of us that way. Too many news broadcasts with nothing but negative have filled up our evenings. Too much uncertainty in these times caused constant worry and fret for ourselves, our families, and each other. But the people of Detroit haven't given up.

They hang on for the same reason all of us do. They remember when things were better and know it can be again. Its people recall the glory days of not so long ago. A time when people made things and no one even heard of something called a "service industry" because the very word industry meant something else. It meant something more.

Detroiters don't leave, don't quit, and don't give up. They have lived through the best and now they're living through the worst. Moreso than many others. They stick it out because they know their neighbors and their neighborhoods. They're family. They like where they are and they know who they are and they have faith in what they know will come to be, sooner or later.

In spite of all the bad jokes and all the bad times, they haven't given up. Mitch Albom writes beautifully of the reasons that Detroit is more like every corner of this country than anyone will ever admit, without ever pointing it out.

When this country regains the faith that Detroiters have, this near-depression will go away and this life will get better for all of us. Everyone knows that this country has been through an awful lot of bad in the last 8 years and maybe much longer than that for some. But the people in Detroit still have a stubborn faith in a future that will be better for their kids than they've seen for themselves.

Take a minute to read Mitch Albom's article on the courage of Detroit. He could have written it about a thousand towns in this country. Maybe even your's. It'll give you hope to realize that in a town that has taken it very hard, there they still hope.

This probably all sounds strange, coming from lawyers who fight with the Detroit Big 3 all the time. But it's sort of a family fight. Believe it or not, we love cars. We just want them to run right. Until they do, we can wait and argue with the Big 3 every time a new client comes in with one that doesn't run right. We still have faith that someday they will. Until then, we'll just keep arguing.

Burdge Law Office
www.NewCarLemonLaw.com

Because life is too short to put up with a lemon car.

Saturday

Toyota Quitely Wins #1 Spot

Something quite extraordinary happened last week and hardly anyone noticed. Toyota became #1.

There was no fanfare. No press release. No party. It just quietly happened.

For 77 years General Motors had been the world's largest motor vehicle manufacturer. But on Wednesday, January 21, GM received the second installment of its federal survival loan and quietly slipped from the #1 spot to #2. That day, it rewrote the "end tag line" on its letterhead to read "One of the world's largest automakers."

Making the best of it, a GM sales analyst remarked that he didn't think being #1 means anything to consumers and that the focus is on "viability and profitability."

Meanwhile over at Toyota they announced that they will have their first year of annual operating loss in 70 years. That's when you know the economy is lousy: when the company that becomes #1 is still losing money. And on the tube? There's more rebates and incentives and zero interest rate loans from all of them.

Detroit, I know you're losing money, but giving away the inventory isn't the way to make a profit. Only a company accountant can make sense of this but one thing's for sure. What's good for GM is good for the country make not have been a true maxim, but it is true that what's bad for the country is bad for GM.

Maybe it's time to throw away the rebates. Maybe it's time to simply cut the price to the lowest it can get and just sell. All the game playing with rebates and incentives and all the rest just seems to be so much smoke and mirrors. And the rebate game became addictive to American car buyers. And that became addictive to Detroit. Now Detroit thinks that rebates are the primary way to sell cars and consumers have come to expect them.

It won't be easy to wean consumers off the rebate drug, but if Detroit provided the credit on fair terms (stop letting dealers play with the interest rates), increased quality, warranty coverage and length, and cut prices, we think American buyers would appreciate the honesty and come back.

American workers still know how to build better cars. If Detroit wants to survive, it better figure out how to sell them.

Burdge Law Office
www.BurdgeLaw.com

Helping consumers protect themselves since 1978.

Wednesday

Detroit Auto Show Ends

For a nicely done and thorough review of the Detroit Auto Show, check out TheAutoChannel wrap up article by Steve Purdy.

He takes the time, and has the experience, to contrast each maker's display with their past work and noted the lack of flash this year. He also has some good thoughts on the new models and concepts that were shown and I agree completely that the Cadillac Converj was the best looking thing at the show. Too bad it's just a concept car for now. If the Chevy Volt takes off though, it could give the Caddy model a well-deserved jolt toward production.

Meanwhile Tesla and Fisker made their first appearance at the show, with their electric cars that are pricey but good looking and highly desirable. Both have their pricey cars in production and if you've got enough green in your wallet you can have their green in your driveway. The Fisker S is a remarkable electric machine and won Detroit News' best electric vehicle vote at the show.
But the car-you-can-have-right-now to beat all cars at the show, was the bright red, race-track worthy Audi R8 V10. To call it a "super sports car" is an understatement. Made of all aluminum and magnesium under its skin, the Audi R8 was probably the most technologically advanced car at the show and looks more than capable of flight on wheels. These cars are available right now and every once in a rare while (mostly in California) you'll see one on the road.

Check out Steve Purdy's article for more details. It's well worth the read if you love cars. Even though we're lemon lawyers, we too love a well built car. One of these days, maybe that'll be the way they're all built. Until then, if you've got a lemon car or a lemon truck, call us or email us. We know how to get you a new one or your money back. It's what we've been doing since 1978.

Burdge Law Office

Because life is too short to put up with a bad car.

Monday

Checker (the Cab Builder) Files Bankruptcy



After 87 years of building taxi cabs and motor vehicle parts, Checker Motors filed for Chapter 11 bankruptcy protection January 16, 2009.



The company joins at least seven other major auto suppliers that have filed for bankruptcy in the past year.


Once the company made the taxi cabs that crowded many metropolitan US cities and made the term "yellow cab" universal.

It's another sign of the times but hopefully one that will come to an end with the change of administrations in Washington starting tomorrow. Consumers can only hope.

Burdge Law Office
Helping consumers since 1978.

Tuesday

Protect Your Credit

Preventing identity theft also means protecting your credit reputation and credit record. To do that you may want to stop getting pre-approved credit card applications that can be stolen from your mailbox, make sure you credit report is accurate and no strange accounts show up on it, and maybe even freeze your credit file. Here's why and how for each of them.

Protecting Your Mail

Millions of pre-approved credit card applications are mailed out each year to consumers and many of them end up in the trash can. Don't just throw it away, where a "dumpster diving" thief can find it, fill it out and change the address and get credit in your name, run up the bill and stick you with a black mark on your credit record. Tear up that application first. And when mailing important documents or payment checks out in the mail, don't put them in your mailbox out front. That red flag is a signal to everyone that you've got mail they can get just by driving by. Drop those envelopes off at the post office. Better yet, if you want to stop getting those pre-approved credit card applications in the mail, just call 1.888.5.OPT.OUT. You can also stop most junk mail too by sending a letter with your first and last name, home address, and signature to Mail Preference Service, Direct Marketing Assn, PO Box 643, Carmel, NY 10512.

Check Your Credit Report Regularly

You can get one free credit report on yourself each year from each of the three national credit bureaus and you should. Check to see if any strange credit inquiries show up, if any new accounts have been opened up that you don't know about, or if anything is inaccurate and just a plain mistake that needs fixing. To get your free report, go to www.annualcreditreport.com or call them at 1.877.322.8228. The smart move is to get a free one from a different credit bureau once each 4 months. The info is a little different in each report, but a regular check of your report can keep you on top of things.

Freeze Your Credit Record

There's an even easier way to stop anyone from getting new credit in your name. Just freeze your credit file. It's sometimes called a "security" freeze and doing it makes it illegal for the credit bureau to release any information about you to new creditors without your express approval. That can make it very tough for an identity thief to use your personal identifying information to open up a new account or get a new credit card because stores and other credit card companies can't get a copy of your credit report from the only 3 credit reporting agencies who have it. Freezing your credit costs just $10 per credit bureau but is free for identity theft victims. To find out what the State Credit Freeze Law is in your state, click here.

You can contact the credit bureaus here:

Equifax
[security freeze request]
PO Box 105788
Atlanta, GA 30348

Experian
[security freeze request]
PO Box 9554
Allen, TX 75013

Innovis
[security freeze request]
PO Box 725
Columbus, OH 43216

TransUnion
[security freeze request]
PO Box 6790
Fullerton, CA 92834

And to find out more about your credit rights, check out Ohio Fair Credit, the web site that explains your rights and how to protect them.

Monaco Worsens ?

The complaints and reports are starting to come in that Monaco dealers are refusing to do warranty work because of either "slow pay" or "no pay" on warranty claims.

Rumor has it that a Southern California dealer turned away a 2009 Dynasty owner's warranty repair request because the factory was paying for it. Given the cost of a Dynasty, that's got to be one angry owner.

On top of that, we have another report from a Country Coach owner that his warranty repair trip to the factory was closed because they closed the factory doors "until further notice."

It's scary times out there if you own an Rv with defects. Get the work done fast. Get it done often. Try to get back to your selling dealer, where perhaps some sense of a moral obligation may help "guilt" the dealer into doing the repairs at no charge.

If all else fails, don't wait too long before getting an experience Rv Lemon Law lawyer's help. Like my grandmother told me, "First in time, won't wait in line. Last in line, won't get a dime."

Burdge Law Office
Because life is too short to put up with a bad Rv (or a deadbeat Rv company)

Monday

Monaco Threatened With NYSE Delisting


Already suffering economically and having just consulted industry experts on how to turn its business around, now Monaco has received notice from the New York Stock Exchange that they will be delisted if things don't improve.

The same thing happened to Fleetwood recently and they still haven't gotten back on the NYSE listings.

Monaco was given notice on January 6, 2009 that it failed to comply with NYSE standards that required their common stock maintain an average closing stock price of over $1 per share for 30 consecutive trading days. As this is being typed, it's down to 63 cents from the day's start at only 81 cents.

Monaco has ten days to notify NYSE that it intends to get its value back up.

Perhaps more ominous was the NYSE note in the letter that Monaco's average market capitalization over a recent 30 trading day period was less than the minimum $25 million allowed by NYSE and for that reason alone NYSE could have immediately suspended trading and delisted Monaco stock.

Preceding the notice have been a flurry of changes of significant shares ownership notices filed by Monaco, at least 9 different SEC filings.
So what's it all mean? Nothing good, we suspect.

If you've got a Monaco needing warranty repairs, you better get it in the shop soon. There may come a point where dealer's won't do the work without you paying, if the factory stops paying for it.

Meanwhile, if you've got a lemon Monaco coach, now is the time to do something about it. Email or call us toll free right now at 1.888.331.6422.

Because life is too short to put up with a bad Rv.

More RV Companies Bite the Dust


2008 was a bad year for the Rv industry. Some companies merged, sold off assets, closed or filed for bankruptcy protection. If you're thinking of buying a motorhome, you need to be careful of the viability of the builder to stand behind their product. When an Rv company goes belly up, so does your factory warranty.

Unfortunately, according to the folks at RvResolve.com, here is an updated list of RV companies that have closed:

Chinook (Trail Wagons)
Sunline Coach
National RV
Travel Supreme
Ameri- Camp
West Coast Leisure Homes (in Canada)
Western RV
Alfa Leisure
Weekend Warrior
Teton Homes
Pilgrim
Bigfoot RV (in Canada)
Sun Valley Inc.
Nu Wa Industries

Forest River now owns Coachman's RV Division (at least in this case part of the sale set aside 11 million dollars in an escrow account for warranty costs).

Next up? You need to keep a watch on Country Coach and Monaco. Country Coach announced that they may not reopen in February (that's their worst case scenario) and Monaco has hired some financial advisors to explore "strategic options". That doesn't sound good.

If you've got a lemon Rv, now is the time to get it in the shop for any repairs you want done under warranty, while there is still a manufacturer to pay the claim. If they won't cover your repair, then it may be time to take quick action. Call or email us today for a free Lemon Rv case analysis.