To protect yourself from identity theft in this digital age, follow these essential security practices:

1) Use Strong, Unique Passwords – stop using the same password across multiple accounts & try a password manager to generate complex passwords.

2) Enable Multi-Factor Authentication - add this extra layer of security to help prevent hacks into your online accounts.

3) Monitor Financial Statements - regularly review bank & credit card statements for suspicious transactions.

4) Secure Personal Documents - shred sensitive documents when done with them & store important paperwork securely.

5) Beware of Phishing Scams – don’t respond to unsolicited communications or click on suspicious links & never give out confidential info.

6) Use VPN on Public Wi-Fi – this encrypts your internet connection to prevent data theft.

7) Regularly Update Software – Keep your devices & apps updated to protect against vulnerabilities.

Jim Maisano
JMaisanoEsq@gmail.com
914-636-1621

 

WESTCHESTER COUNTY CONSUMER PROTECTION DEPARTMENT WARNS RESIDENTS AS SPRING CONTRACTING SEASON APPROACHES

Residents Reminded to Verify Licenses Before Starting Home Improvement Projects

With spring beginning, many Westchester County homeowners are gearing up for home renovation projects — from landscaping and painting to major construction work. As residents plan their upgrades, the Westchester County Consumer Protection Department is reminding the public to protect themselves by hiring only licensed contractors.

Westchester County Executive Ken Jenkins said: “Operating without a home improvement license is a violation of law in Westchester County, so if you’re hiring a contractor to do home improvement work, ask the contractor to show you a license from our Consumer Protection Department.”

Consumer Protection Director Jim Maisano said: “Contractors must follow all requirements set forth on Article XVI in County Law – ‘Licensing of Persons Engaged in Home Improvement Business.’ There are almost 9,000 licensed contractors in Westchester to pick from and they all went through a background check, so you have many options and we are here to help you.”

A list of all licensed contractors and the contractors that homeowners should avoid — “Renegade Renovators” — can be found on the Westchester County Consumer Protection Department webpage. 

Consumers should know that the Department is vigilant in following up on formal complaints against contractors and will take action against contractors who operate without a license or violate the terms of their contracts. Complaints can be filed online on the Department’s webpage.

Tips for Hiring Home Improvement Contractors:

• Licensed home improvement contractors must display a green sticker on the rear bumper of their vehicles, which indicates the expiration date of their license.
• For any hired work, there must be a written contract between the parties. All work to be performed must be spelled out, including the estimated start and completion dates and the total price, including the costs of labor and materials and any schedule of payments.
• Verify that contractor is licensed to perform home improvement work prior to giving any form of payment.
• Review the Department’s webpage which offers helpful advice to consumers about hiring a contractor, including a printable pamphlet.
• Get references from friends and review proposals from at least three (3) licensed contractors.
• Be wary of all unsolicited phone calls and door-to-door sales.

Additional information is available at consumer.westchestergov.com, including a sample home improvement contract that fully complies with law, or contact the Department of Consumer Protection at (914) 995-2155 or email at ConPro@westchestercountyny.gov for assistance.

Interesting & Scary Article in NY Post About German Police & Prosecutors Cracking Down of Free Speech!

Rikki Schlott did an excellent job with an article in the New York Post explaining how German police and prosecutors have assumed the role of the "Thought Police," as they crack down on people allegedly using offensive "Hate Speech" when merely posting "insulting" memes on social media. The article is entitled, "Germans are being arrested for insulting politicians — we need to protect free speech so it never happens here." Here's the link: 

https://nypost.com/2025/02/21/world-news/germans-cant-insult-politicians-which-is-why-we-need-to-protect-free-speech-in-the-us/

Schlott correctly argues, "once you open the door to prosecuting 'hate speech,' you no longer actually have free speech. 'Hate speech' is an amorphous term that can be defined differently by every judge, every prosecutor, and every individual."

This article will surely make you appreciate that our 1st Amendment remains a shield against rogue police and prosecutors showing up at your house to arrest you because you made a joke on the internet, which is scarily happening in Germany.

Jim Maisano
JMaisanoEsq@gmail.com

Inspecting The Gas Stations You Use - Consumer Protection - Westchester County Government!

The Westchester County Consumer Protection Department inspects every grocery store in our County every year - here's a short video showing how we do the inspections!

Listen to Consumer Podcast - Episode 4 - Advisory on Federal Stimulus Visa Debit Card

See insert above that comes in mailing with the Federal Stimulus Visa Debit Card.

Listen to EPISODE 4 of the Westchester Consumer Protection weekly PODCAST (2:30 min clip on May 27, 2020) for my advisory on why people must be careful with Federal Stimulus Visa Debit Card that is arriving at homes across US over past week - some people actually threw it away thinking it was junk mail.

LINK:

https://www.podbean.com/eu/pb-5g6xk-dde67b

Here are 2 helpful posts on this issue:

https://www.consumerfinance.gov/about-us/blog/economic-impact-payment-prepaid-card/

https://www.irs.gov/newsroom/millions-of-people-will-get-their-economic-impact-payment-by-prepaid-debit-card

Check your mail and be careful.

Jim Maisano, Esq.

JMaisanoEsq@gmail.com

914-636-1621

Did you know you will be receiving a letter from 2020 Federal Census next week?

Next week, most Americans should receive a letter from the Census Bureau - don't throw it away! For the first ever, you can answer that letter online. Here's what the Census' website  - www.census.gov - says about this letter:

How to verify a mailing is from the Census Bureau:

If you receive a survey or a letter in the mail from the Census Bureau, the envelope contains information that will help you verify its legitimacy. For example:

• “U.S. Census Bureau” in the return address or “U.S. Department of Commerce” which is the Census Bureau’s parent agency.
• Jeffersonville, IN in the return address. The Census Bureau has a mail processing center located there.

Households will receive an invitation in the mail to complete the 2020 Census online, by phone, or by mail.  The enclosed envelope to mail back a completed paper questionnaire would be addressed to Jeffersonville, IN, or Phoenix, AZ.

If you're wondering why we do the census every ten years, here's some background from the Census website:

• As mandated by the U.S. Constitution, our nation gets just one chance each decade to count its population.
• The U.S. census counts every resident in the United States. 
• It is mandated by Article I, Section 2 of the Constitution and takes place every 10 years. 
• The data collected by the census determine the number of seats each state has in the U.S. House of Representatives (a process called apportionment) and is also used to distribute billions in federal funds to local communities.

The Census was debated by our founding fathers! Here's more historical background from Census website:

The U.S. Constitution empowers the Congress to carry out the census in "such manner as they shall by Law direct" (Article I, Section 2). The Founders of our fledgling nation had a bold and ambitious plan to empower the people over their new government. The plan was to count every person living in the newly created United States of America, and to use that count to determine representation in the Congress.

Enshrining this invention in our Constitution marked a turning point in world history. Previously censuses had been used mainly to tax or confiscate property or to conscript youth into military service. The genius of the Founders was taking a tool of government and making it a tool of political empowerment for the governed over their government.

They accomplished that goal in 1790 and our country has every 10 years since then. In 1954, Congress codified earlier census acts and all other statutes authorizing the decennial census as Title 13, U.S. Code. Title 13, U.S. Code, does not specify which subjects or questions are to be included in the decennial census. However, it does require the Census Bureau to notify Congress of general census subjects to be addressed 3 years before the decennial census and the actual questions to be asked 2 years before the decennial census.

Jim Maisano, Esq.

JMaisanoEsq@gmail.com

914-636-1621

Important Free Speech Rules For College Students - PASS ON TO STUDENTS!

Unfortunately, we read too often about colleges trying to stifle free speech on campus, in particular when students dare to speak about controversial views. How sad that this is happening at colleges - the exact places which should be incubators of ideas - all ideas. Students should be pushed to free their minds during college years, listen to alternative views and participate in a marketplace of ideas.

Reason.com - a website with a libertarian point of view - provides outstanding coverage of free speech issues. Reason put together nine short videos on different free speech subjects. Since I have a son in college, I enjoyed reading "College and the First Amendment: Free Speech Views." At this link you will find the post and video (just over 4 minutes): 

College and the First Amendment: Free Speech Rules (Episode 7)

Please share this with any college students you know. It will certainly be an education for them on their free speech rights on campus. They will quickly learn they have substantial 1st Amendment rights if they attend a public college, although this is not true at private colleges. They will also learn that in the classroom, the professor is still in charge, and he or she can put limits on debate, challenge students and even cut them off.

Thanks,

Jim

James Maisano, Esq.

93 Wilson Dr.

New Rochelle, NY 10801

914-636-1621

JMaisanoEsq@gmail.com

Everyone Needs To Consider "Digital Assets" When Drafting A Will

Over the past decade, it's become a requirement for attorneys to add some language in wills to address digital assets. Here's a sample I recently used in a will:

"Reference is made to my digital assets, an inventory of which, with a list of relevant user names and passwords, I intend to maintain. Such inventory shall be kept in a secure location and shall be made available to my Executor upon my death. Upon my death, my Executor shall have full access to my digital assets including all rights, powers and privileges that I have."

Here in New York State, we now have a law that specifically addresses access to digital assets by fiduciaries:
Uniform Law Commission’s Revised Uniform Fiduciary Access to Digital Assets Act

Section 13-A-2.2 of this law necessitates adding digital assets language to a will:

(a) A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user's digital assets, including the content of electronic communications.  If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.

(b) If a user has not used an online tool to give direction under paragraph (a) or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney, or other record, disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user.

(c) A user's direction under paragraph (a) or (b) overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms of service.

Here's an excellent post on this issue from the law firm of Farrell Fritz:
https://www.nyestatelitigationblog.com/2019/03/articles/fiduciaries/death-and-digital-content-protecting-digital-assets-after-the-death-of-a-user/

Please feel free to contact me if you have any questions about covering digital assets in a will or other estate planning issues.

Jim

James Maisano, Esq.

93 Wilson Dr.

New Rochelle, NY 10801

914-636-1621

JMaisanoEsq@gmail.com

National K9 Veterans Day & Statue for WWII Hero "Chips"

Happy National K9 Veterans Day!

I proudly appeared and spoke at the announcement today that a statue will be built in Lasdon Park to honor "Chips" and other animals that supported our military. Last year I read an article about Chips – the most decorated dog in WWII – who performed heroic acts and saved American lives. In the article I noticed that Chips was from Pleasantville New York and passed this info over to County Executive George Latimer, which started the process that led to today's ceremony - here's the video:

LINK: https://www.youtube.com/watch?v=IhdQhuXm4Xw&feature=youtu.be

Jim Maisano

914-636-1621

JMaisanoEsq@gmail.com