CONSUMER ALERT: Attorney General James Issues Warning Against Marketing Schemes Aimed at Trapping Consumers into Recurring Payments

 

AG James Provides Tips to Consumers to Avoid Being Tricked into Unwanted Charges  

AG James Warns Industries That New York Law Requires Most Industries to Allow Consumers Who Enroll Online to Cancel Online

 New York Attorney General Letitia James today issued an alert to New Yorkers reminding them to take precaution when presented with deceptive marketing offers that may unwittingly result in recurring charges. This kind of marketing, known as negative option marketing, comes in several forms. Each contains a term or condition under which a seller interprets a consumer’s silence or failure to take affirmative action to reject a good or service or to cancel the agreement as acceptance or continuing acceptance of the offer.

“Consumers should never be tricked into paying recurring charges for goods and services that they are not aware of and did not authorize,” said Attorney General James. “As consumers continue to suffer the financial harms of COVID-19, the last thing companies should be doing is making it harder for consumers to end a service. We encourage any consumer who has been unwittingly trapped by these offers to file a complaint with our office, as we will do everything in our power to protect New Yorkers’ wallets.” 

One example of negative option marketing involves a so-called “free” or low-priced trial offer, where consumers are offered a trial period of a product or service. To receive the trial, consumers are required to submit their payment information, such as a credit or debit card number. However, the trial has additional terms and conditions — which may not be clearly or conspicuously disclosed to the consumer — stating that unless consumers cancel the goods or services by a certain date they are agreeing to continue to receive and pay for them. Often, once consumers discover that they have been unwittingly charged, many companies make it difficult to cancel, resulting in consumers incurring additional charges until they succeed or give up trying.

The Federal Trade Commission (FTC) recently issued guidance on this topic, which provides consumers and businesses with the FTC’s interpretations of federal laws and regulations in this area. Earlier this year, New York’s Automatic Renewal Statute, GBL § 527-a, became effective, which provides important consumer protections and adds to the tools available to the Office of the Attorney General (OAG) to combat problems with this type of marketing.

Under both federal guidance and New York’s laws, businesses engaged in these negative option marketing tactics must follow three key requirements

• Clear and Conspicuous Disclosures
  • Material terms of the offer must include, among other notices:
    • That consumers will be charged for the good or service and how much,
    • That those charges will increase after any applicable trial period ends,
    • That the charges will be made on a recurring basis, unless the consumer timely takes steps to prevent or stop such charges in a timely manner, if applicable, and
    • How to prevent or stop such charges.
  • Internet disclosures should be unavoidable, meaning consumers need not take any action, such as clicking on a hyperlink or hovering over an icon to see it.
  • Written disclosures, including on the Internet, should appear immediately adjacent to the means of recording consumer consent to the negative option feature and should appear before consumers make a decision to buy.

• Informed Consent
  • The consumer’s acceptance of the negative option offer should be obtained separately from any other portion of the entire transaction and should not include any information that interferes with, detracts from, contradicts, or otherwise undermines the consent process.
  • A “pre-checked box” does not constitute affirmative consent.

• Simple Cancellation Processes:
  • It must be just as easy to cancel as it was to sign up.
  • Consumers should be allowed, at minimum, to cancel using the same method they used to enroll, i.e. if consumers accept an offer online, they should be able to cancel online.
  • Consumers should not be subject to new offers or attempts to “save the sale” that impose unreasonable delays on the cancellation effort.
  • New York requires most industries that allow consumers to purchase goods or services via online enrollment to allow consumers to cancel online as well.

In December 2019, Attorney General James co-led a coalition of 23 attorneys general from around the nation in urging the FTC to adopt greatly needed regulations to prevent consumers from being deceived by negative option marketing schemes. In a letter to the agency, Attorney General James and the coalition argued for the FTC to use its rulemaking authority to further expand existing negative option regulations. As part of its recommendations, the coalition recommended that consumers should be allowed to cancel their membership using the same method they used to enroll. The FTC guidance issued late last month states that the FTC is still considering various options, including rule amendments.

Consumers who feel they have fallen victim to a negative option marketing scheme are encouraged to file a complaint on the OAG website or call (800) 771-7755.

The OAG has also settled a number of matters involving deceptive recurring fee-based membership programs, including settlements with dietary supplement manufacturers, an online language learning program, an online apparel seller, and a credit monitoring program.

White Plains Investment Adviser Sentenced To 63 Months In Federal Prison For Embezzlement

 

 Damian Williams, the United States Attorney for the Southern District of New York,  announced that GREGG BRIE, an investment adviser in White Plains, New York, was sentenced yesterday in White Plains federal court to 63 months in prison for fraud in connection with his embezzlement of more than $640,000 from three clients.  BRIE had previously pled guilty to one count of wire fraud and was sentenced by U.S. District Judge Cathy Seibel.

According to the allegations in the Information to which BRIE pled guilty and other court documents:

BRIE embezzled funds from three victims, two of whom lived in his White Plains apartment complex.  He advised his first victim, a disabled man on a fixed income and confined to a wheelchair, to buy shares in Alaska Air Group, Inc.  Bank records show that this victim gave BRIE more than $480,000.  BRIE told his victim that he had opened accounts for him at a brokerage firm and that his stock had increased in value to approximately $8 million.  When the victim asked for his money, BRIE told him that his accounts were frozen because the stockbrokers had done something “sketchy” in order to buy the shares at a lower price.  When the victim attempted to contact the brokerage firm, BRIE told him that he would “murder [him]” if the victim attempted to contact the firm again.  BRIE repeated this threat at least two more times, noting that he meant his threats to be taken “literally, not metaphorically.”

According to written loan agreements drafted by BRIE, the second victim made three loans to BRIE in a total amount of approximately $157,000 “for the purpose of producing and distributing a proprietary, composite unimold commode for use within indigent venues of the African nation of Uganda.”  The third victim loaned $2,000 to BRIE on BRIE’s representation that he was illiquid because he had put all of his cash into the unimold commode project.

The Federal Bureau of Investigation’s (“FBI”) analysis of bank accounts controlled by BRIE showed that BRIE spent the money he obtained from his victims primarily on credit cards and a Mercedes Benz lease.  The evidence showed that there was no brokerage account.

In addition to the prison term, Judge Seibel ordered BRIE, 54, of White Plains, New York, to serve three years of supervised release and to pay forfeiture and restitution, each in the amount of $642,333.33.     

Mr. Williams praised the outstanding investigative work of the FBI.

Permits Filed For 1010 Washington Avenue In Morrisania, The Bronx

 

Permits have been filed for an 11-story mixed-use building at 1010 Washington Avenue in Morrisania, The Bronx. Located between East 164th Street and Weiher Court, the lot is near the Intervale Street subway station, serviced by the 2 and 5 trains. Joel Landau of Emerald Developers is listed as the owner behind the applications.

The proposed 110-foot-tall development will yield 53,961 square feet designated for residential space. The building will have 79 residences, most likely rentals based on the average unit scope of 683 square feet. The concrete-based structure will also have 40 open parking spaces, ground-floor commercial space, two floors above grade for community facility space consisting of an exhibition hall and lecture room, and recreational use of the rooftop.

Kao Hwa Lee Architects PC is listed as the architect of record.

Demolition permits have not been filed yet. An estimated completion date has not been announced.

Governor Hochul Announces Grand Opening of $35 Million Supportive Housing Development for Families in the Bronx

 

Brand-New Development in Longwood Provides 62 Affordable Homes with On-Site Supportive Services for Families Experiencing Homelessness

 Governor Kathy Hochul today announced the grand opening of The Corden, a $34.5 million housing development for families in the Longwood section of the Bronx. The new development includes 62 affordable apartments with 37 apartments set aside for homeless families. Previously named The Bryant, the building has been dedicated to New Destiny Housing's former executive director, Carol Corden, who retired in 2020 after 24 years at the helm of New Destiny Housing and a lifetime of service creating affordable housing for New Yorkers in need. 

"My administration is committed to ending homelessness and creating more affordable housing, and by investing in developments like The Corden in the Bronx, families will have access to a permanent home with the amenities and assistance they need to thrive," Governor Hochul said. "These newly built new apartments will allow 62 families to experience the great benefits and stability that comes from having truly good quality homes, allowing them to live safely and securely."  

All households will have access to on-site services including financial counseling, professional development, case management, programming for children, and other services to promote housing security. The project's developer is New Destiny Housing, a New York City nonprofit providing housing to homeless families for nearly 30 years. 

Amenities at The Corden include a multi-purpose program space, library, staff offices for social services, a beautifully landscaped courtyard, and indoor and outdoor children's play areas. Tenants will have access to trauma-informed, on-site services from New Destiny's Family Support Program staff. 

Supportive services and rent are subsidized through the Empire State Supportive Housing Initiative and administered by the New York State Office of Temporary and Disability Assistance. 

State funding for the development includes federal Low-Income Housing Tax Credits that generated $13.8 million in equity and $1.3 million in subsidy from New York State Homes and Community Renewal and $5.7 million from the Office of Temporary and Disability Assistance through the Homeless Housing Assistance Corporation. The New York City Department of Housing Preservation and Development provided $7.9 million from the Supportive Housing Loan Program. 

Bank of America/Merrill Lynch provided the construction loan for $11.9 million and pre-development funding was provided by Deutsche Bank's DB Share program. Hudson Housing Capital was the tax credit syndicator, with HSBC as the investor. The building was designed by Magnusson Architecture and Planning, PC, built by D.P. Group General Contractors, and built on land jointly owned by the NYC Housing Authority and HPD.  

46 Days and Counting - Get Vaccinated

 

That's it Doctor Chokshi give me another shot,. I might as well take advantage of my medical plan as mayor before I leave office. This way people see me getting vaccinated so maybe they will say that it is finally time for them to be vaccinated. I want to be known as the Mayor who vaccinated the city, thus protecting it from the virus.

Since I am a city employee I receive five-hundred dollars for every vaccination. How many vaccination or booster shots can I get before I leave office? What's that one every six months, but I am going to be out of office in 46 days. Can't you give me a couple of extra shots to last me through my grueling bid for Governor, now that the Public Advocate has entered the race. Like he has a chance, all he is going to do is make it easy for David Patterson, I mean Kathy Hochul to get re-elected. Dr. Chokshi why do I mix up Kathy Hochul with David Patterson? Is it because they both were not elected governor?

NEW YORK CITY’S FIRST-IN-NATION RIGHT-TO-COUNSEL PROGRAM EXPANDED CITYWIDE AHEAD OF SCHEDULE

 

Overwhelming majority of tenants who have City-funded legal representation are successful in their legal proceedings, 84 percent of households represented by a Right to Counsel lawyer able to remain in their homes.

 The de Blasio Administration today released its annual Right to Counsel Progress Report for Fiscal Year 2021 (FY21), which found that through the citywide implementation of the Right to Counsel program in 2020, 100 percent of tenants with calendared eviction cases had access to legal services, and 71 percent of tenants who appeared in Housing Court had full representation by attorneys – nearly double the pre-pandemic rate of 38 percent, and an exponential increase over the 1 percent of tenants who had lawyers in 2013. To date since 2014, the City has provided legal services to more than half-a-million New Yorkers, including approximately 100,000 New Yorkers who utilized this program during the COVID-19 pandemic period in FY21. To educate New Yorkers about housing instability, raise awareness of right to counsel, and promote the availability of these anti-eviction resources for tenants, which have achieved proven positive results, the City is also launching a public awareness campaign.

 

“Building the fairest big city in the country means making sure all tenants can continue to call New York City home,” said Mayor Bill de Blasio. “This game-changing program has yielded staggering results – protecting families from harassment and providing legal services to all tenants facing eviction, cementing its status as a national model for increasing housing stability and preventing homelessness.”

 

“In New York City, through our innovative Right to Counsel program, we have modeled for the nation what it means to protect tenants – and we’re proud of our results, driving down evictions, providing more New Yorkers with lawyers in housing court, and proving that preventing homelessness is possible,” said Deputy Mayor for Health and Human Services Melanie Hartzog.  “Now more than ever, we need cities across the country to develop creative solutions to our most pressing challenges – and New York City will continue to lead the way, bringing new vital tools and programs like these to the table to level the playing field for all.”

 

“The Right to Counsel initiative is a proven and successful program that has helped thousands of New Yorkers avoid eviction and keep their homes, which is more important than ever amid the current economic challenges brought on by the COVID-19 pandemic,” said Department of Social Services Commissioner Steven Banks. “With evictions on the rise throughout the country pre-pandemic and the looming expiration of eviction moratoriums on the horizon in numerous cities and states, our Right to Counsel program provides jurisdictions across the country with a replicable framework that can achieve positive outcomes for tenants experiencing housing instability – all while promoting the preservation of affordable housing and neighborhood stability.”

 

Increased investments expand proven-successful anti-eviction program citywide – ahead of schedule

 

Established in 2017, New York City’s Right to Counsel initiative provides free legal services, including representation, to tenants facing eviction in housing court. The data shows that the overwhelming majority of tenants who have City-funded legal representation are successful in their legal proceedings, with 84 percent of households represented by a Right to Counsel lawyer able to remain in their homes.

 

Through this initiative, the Administration’s has increased investments in tenant legal services more than 25-fold, from $6 million in 2013 to $166 million today, and expanded the program citywide, making eviction legal defense services available to all tenants in New York City facing eviction in housing court, regardless of ZIP Code. This citywide expansion was achieved ahead of the planned 2022 expansion schedule – and during an historic emergency period in New York City.

 

“The tremendous progress we’ve made implementing the Right to Counsel initiative demonstrates this Administration’s commitment to strengthening tenant protections for New Yorkers like never before,” said HRA Administrator Gary Jenkins. “Through creative approaches and new solutions like the RTC program, which has become a model nationwide, we are continuing to build on the progress we’ve made helping vulnerable New Yorkers who are our neighbors, fight unlawful evictions, keep their homes, and avoid homelessness altogether, both before and during the pandemic. As our City works to put the pandemic behind us, this essential resource will continue to protect tenants for years to come, helping ensure New York remains a city that anyone can call home, regardless of their economic status.”

 

“Since the start of the de Blasio Administration, New York City has been a national leader in increasing access to justice for those in need, establishing DSS-HRA's Office of Civil Justice to implement the groundbreaking Right-to-Counsel program, which made New York City the first in the nation to guarantee legal services to tenants facing eviction,” said Civil Justice Coordinator Jordan Dressler of OCJ. “As New York City emerges from an unprecedented crisis that highlighted longstanding inequities across communities, OCJ is proud to have expanded this vital resource across all five boroughs and made the right to counsel a reality for all New York City tenants facing eviction in court, thanks to the heroic efforts of dedicated staff and frontline lawyers.  Our latest progress report underscores RTC's game-changing impact – with evictions down, legal representation up, and New York City a fairer place for all.”

 

New campaign will raise awareness and connect more New Yorkers to anti-eviction legal services

 

To increase awareness of the Right to Counsel program and its expansion citywide, and to educate New Yorkers experiencing housing instability about the range of resources available to them via the Tenant Helpline, the City is implementing a large-scale Right to Counsel advertising campaign. The campaign will focus on messaging that lets New Yorkers facing eviction know that they are not alone and they can learn more about Right to Counsel by calling 311. Developed collaboratively by the Public Engagement Unit (PEU), the Mayor’s Office to Protect Tenants (MOPT), and DSS-HRA’s Office of Civil Justice (OCJ), the campaign will be available in 15 languages and will ​be comprised of targeted advertisements in multiple languages in both print and digital media, including Community and Ethnic Media publications across the five boroughs.

  

In addition, this Thursday, November 18, OCJ will also hold its annual public hearing on the City’s progress protecting tenants through the program.

 

"The Mayor’s Office to Protect Tenants is proud to support such a markedly successful program as Right to Counsel, and it’s important to us that as many New Yorkers as possible know the program exists and how to access it. I believe this public education campaign will successfully reach the New Yorkers who need the City’s support in fighting eviction," said Mayor’s Office to Protect Tenants Acting Director Ricardo Martinez Campos. "Right to Counsel keeps people in their homes. We are confident that this landmark program will continue to protect New York City tenants even if the State’s eviction moratorium expires in January. I thank all the agencies involved in this effort, and our partners on the ground for making sure the message gets to all New Yorkers.” 

 

Permanent Tenant Helpline within the Mayor’s Public Engagement Unit to help New Yorkers navigate available resources

 

The new Right to Counsel advertising campaign will drive tenants in need of assistance to the Tenant Helpline, which was created in 2020 by the Mayor’s Office to Protect Tenants and the Public Engagement Unit, with the aim of making sure New Yorkers had access to all the information that could help them stay stably housed. New Yorkers who call 311 and ask for “Right to Counsel” will be directed to the Tenant Helpline, staffed by PEU Housing Specialists who identify a caller’s needs, connect them to a wide array of resources (including OCJ’s legal services and our community partners), and provide hands-on case management support for complex cases. The Tenant Helpline will now become a permanent team within PEU. 

 

The Tenant Helpline is an addition to the City’s array of tools to help prevent evictions and tenant harassment, and it complements PEU’s proactive outreach to tenants in housing court and in rent regulated apartments in fast-changing neighborhoods. PEU conducts proactive outreach through canvassing, phone, and text campaigns to provide tenants with information on their rights, assist with securing repairs, and/or make connections to OCJ’s free legal services that can help tenants facing eviction as well as harassment by unscrupulous landlords or other tenant legal needs.  

 

“I want New Yorkers across all five boroughs to know: You do not have to face eviction alone. You have unprecedented access to tenant support, and the Public Engagement Unit is here for you. Your city is here for you,” said Mayor’s Public Engagement Unit Director Adrienne Lever. "PEU Specialists are comprehensively trained and passionate about providing New Yorkers with the one-on-one support they need to stay in their homes. I am thrilled that the success of our Specialists on the Tenant Helpline has helped it to become a permanent fixture of the City’s tenant support infrastructure, and that our new Right to Counsel campaign will help ensure New Yorker know about this resource and their rights”

 

New York City continues to lead the way nationwide supporting New Yorkers in need through progressive policies like these. With the Right to Counsel program, New York City was the first jurisdiction in the country to guarantee legal services for tenants facing eviction, which has served as a model for others. Numerous cities and states across the country have since adopted similar programs, based on New York City’s successful approach. For example, Philadelphia, San Francisco, Minneapolis, and several other jurisdictions are following the City’s lead and implementing programs that can help level the playing field for tenants experiencing housing instability.

 

If you or someone you know in New York City is worried about losing your home, the City is here to help. Don’t hesitate – you can reach the Tenant Helpline by calling 311 and saying “tenant helpline” in your language.

 

"At the height of the COVID-19 pandemic, one of the main concerns for the City Council was helping New Yorkers keep their homes and stay in their communities. The Right to Counsel initiative, a program created by the City Council that provides free legal representation for New Yorkers facing eviction, has been successful and proven to be a critical tool in preventing evictions. The Council will continue to fight to protect tenants and ensure that all the necessary resources are available to help keep our city affordable to all,” said City Council Speaker Corey Johnson.  

“The Legal Aid Society is proud to be a leader in New York’s historic right to counsel program, which has protected housing for tens of thousands of New Yorkers and serves as a nationwide model,” said Adrienne Holder, Attorney-in-Charge at the Legal Aid Society (LAS). “Access to counsel in housing court is not only a requirement of civil rights and due process, but also a key tool to mitigate the worst effects of the pandemic. UATC has served as a buffer that has allowed the New Yorkers most impacted by COVID-19, often people of color, to avoid displacement and the attendant risk of serious illness or death.  With the support of OCJ, we have been fighting harassment, neglect, and illegal lockouts, which all have the life-or-death consequence of displacement during a pandemic.”

Governor Hochul Updates New Yorkers on State's Progress Combating COVID-19 - NOVEMBER 16, 2021

 

85,170 Vaccine Doses Administered Over Last 24 Hours  

30 COVID-19 Deaths Statewide Yesterday 

 Governor Kathy Hochul today updated New Yorkers on the state's progress combating COVID-19.  

"More and more New Yorkers are getting vaccinated each day, and with the winter months quickly approaching we can't get complacent now," Governor Hochul said. "With the vaccine now available to younger children, we have the opportunity to put an end to this pandemic - but we have to work together. Tell your friends, family and neighbors to get the shot today, so we all can have a safe and happy holiday season."

 

Today's data is summarized briefly below:

·         Test Results Reported - 101,484
·         Total Positive - 4,872
·         Percent Positive - 4.80%
·         7-Day Average Percent Positive - 3.40%
·         Patient Hospitalization - 2,051 (+88)
·         Patients Newly Admitted - 252
·         Patients in ICU - 422 (+18)
·         Patients in ICU with Intubation - 231 (+20)
·         Total Discharges - 211,750 (+172)
·         New deaths reported by healthcare facilities through HERDS - 30
·         Total deaths reported by healthcare facilities through HERDS - 46,068

The Health Electronic Response Data System is a NYS DOH data source that collects confirmed daily death data as reported by hospitals, nursing homes and adult care facilities only.

·         Total deaths reported to and compiled by the CDC - 58,635

This daily COVID-19 provisional death certificate data reported by NYS DOH and NYC to the CDC includes those who died in any location, including hospitals, nursing homes, adult care facilities, at home, in hospice and other settings.

·         Total vaccine doses administered - 28,532,167
·         Total vaccine doses administered over past 24 hours - 85,170
·         Total vaccine doses administered over past 7 days - 668,524
·         Percent of New Yorkers ages 18 and older with at least one vaccine dose - 85.0%
·         Percent of New Yorkers ages 18 and older with completed vaccine series - 77.6%
·         Percent of New Yorkers ages 18 and older with at least one vaccine dose (CDC) - 89.2%
·         Percent of New Yorkers ages 18 and older with completed vaccine series (CDC) - 79.8%
·         Percent of all New Yorkers with at least one vaccine dose - 72.8%
·         Percent of all New Yorkers with completed vaccine series - 65.7%
·         Percent of all New Yorkers with at least one vaccine dose (CDC) - 76.0%
·         Percent of all New Yorkers with completed vaccine series (CDC) - 67.7%

Attorney General James Announces Conviction of Brooklyn Man Charged with Stealing Thousands Through Identity Theft Scheme

 

Otis Barnes Convicted of Using the Stolen Identity of a 90-Year Old Staten Island Resident to Cash Forged U.S. Postal Money Orders Barnes to Be Sentenced to 1 1/2 to 3 Years in Prison  

 New York Attorney General Letitia James today announced the conviction of Otis Barnes, 29, of Brooklyn, after he used the personal identifying information of a 90-year old Staten Island resident to cash forged money orders at United States Postal Service (USPS) offices throughout New York and New Jersey and defrauding a local bank to steal thousands of dollars. Barnes pleaded guilty to Grand Larceny in the Fourth Degree, a class “E” felony, with a promised sentence of 1 1/2 to 3 years in prison.  

“Fraud is never acceptable, but it is all the more heinous for an individual to steal the identity of an elderly man to line his own pocket,” said Attorney General James. “Today’s conviction should serve as a message to all that we will not allow illegal schemes like this to go unchecked, and that we will hold those accountable to the fullest extent of the law. My office is committed to protecting consumers, which is why we will continue to vigorously stamp out fraud and deliver justice to New Yorkers.”

“Mr. Barnes thought his low-tech money order scam would let him fly below the radar and avoid attention and detection of his crimes,” said USPS Inspector in Charge Philip R. Bartlett. “He was wrong; and today’s plea is recognition by Mr. Barnes that Postal Inspectors and their law enforcement partners have no tolerance for this behavior and will aggressively investigate crime regardless of its scope or complexity.” 

A joint investigation by the Office of the Attorney General (OAG) and the USPS Inspection Service revealed that, between March 2018 and July 2018, Barnes assumed the elderly victim’s identity on several occasions by presenting himself as the victim at several USPS offices and at a check cashing establishment. As proof of his stolen identity, Barnes used a forged New York State Driver’s License that listed the elderly victim’s name, home address, and date of birth, but that contained Barnes’ photograph in order to cash several forged USPS money orders in the victim’s name. Prior to cashing the forged money orders, Barnes used a mobile depositing app to deposit the same money orders — under his own name — into a bank account he controlled. Barnes then withdrew the money out of the account before the bank became aware of the fraud. Because mobile deposit enables a customer to take a picture of a check or money order while maintaining possession of the check or money order itself, Barnes was able to then alter the money orders to substitute the name on the order and cash them a second time at local post offices. 

The OAG’s indictment charged Barnes with the crimes of Identity Theft in the First Degree, Criminal Possession of a Forged Instrument in the First and Second Degrees, and Grand Larceny in the Fourth Degree.

Today, before the Honorable Alexander Jeong, Barnes pleaded guilty to Grand Larceny in the Fourth Degree, a class “E” felony. On January 20, 2022, Barnes is scheduled to be sentenced to 1 1/2 to 3 years in state prison.  

Tips for Consumers

The OAG recommends the following tips to New Yorkers to safeguard their personal information and prevent most forms of identity theft:

Secure Personal Information:

• While it's generally safe to share one’s name or phone number, sharing a date of birth, Social Security number, or any account numbers can expose individuals to identity theft. New Yorkers should also avoid disclosing any information used as a “backup” answer for websites when they've forgotten a password.
• Consumers should never provide personal information to someone who contacts them out of the blue, even if they claim to be from a trusted institution, as that is a common practice for those employing “phishing” scams. A phishing scam is an attempt to get an individual to provide personal information, such as a username, password, or credit card number. Scammers typically contact consumers by text, phone, or email, and often pose as a government agency, bank, or well-known company. They typically demand personal information to resolve some problem or emergency, or say they just need to “confirm some information” before they can offer any information in return. None of these organizations actually contact consumers this way for important information. If a consumer is unsure about outreach, they should contact the company themselves — using a published number or email address — to verify it's actually them.
• Some phishing attempts also direct consumers to visit a website or download an attachment. Consumers should NOT download attachments or click on links from untrusted sources. These links or attachments may contain viruses that will infect a computer or steal personal information.

Delete Unneeded Data:

• Destroy any records of personal information once no longer needed. Shred physical documents like tax returns, and financial or medical records.
• Delete or deactivate digital accounts and delete digital files. Remember that even deleted files can still be stored on a hard drive, so consumers will need special security software to erase all the personal data if getting rid of an old computer.

Monitor Credit Reports:

• All consumers are entitled to one free copy of their credit report each year from each of the major credit reporting agencies. If consumers see accounts or inquiries they didn't initiate or don’t recognize, it may indicate that someone else is using their identity.
• Consumers can schedule reports from different agencies at different times of the year. Consumers can obtain this regular coverage online or by calling 877-322-8228.

The OAG wishes to thank the USPS Inspection Service for their valuable assistance in this matter and the New York State Police for their arrest of Barnes.