Qui Tam (Whistleblowers Law)

What is Qui Tam?

Qui Tam is Latin for “who as well” and is part of the Latin phrase “Qui Tam pro domino rege quam pro si ipso in hac parte sequitur,” which means “Who sues on behalf of the King, as well as for Himself.”

In a Qui Tam lawsuit, a private citizen (whistleblower) who believes that a person or company may have committed fraud against the government may file a lawsuit to recover losses. Qui Tam lawsuits means that the person bringing the suit will be entitled to a percentage of the recovery as a reward of exposing the fraud.

Whistleblowers Laws

Whistleblowers laws shields employees from retaliation against their employer if they report violations against the government or refuse to participate in any unlawful actions. The U.S. government has passed several whistleblowers laws protecting private citizens against retaliation from their employer including the Sarbanes-Oxley Corporate Whistleblower Laws, The False Claims Act, and the Whistleblower Protection Act.
Virtually any situation in which the government may have been cheated is covered under the whistleblowers laws.

Examples of defrauding the government include:

• Overcharging for products sold to the government.

• Submitting vouchers billing the government for services not rendered

• Overbilling for services provided

• Medicare/Medicaid or other public benefit fraud

 Whistleblower Lawyer

If you believe that you know of someone that may be cheating the government or has asked you to do something that might be illegal contact a Qui Tam lawyer immediately. An experienced Qui Tam lawyer at D. Miller & Associates, PLLC will determine whether your situation is covered under any of the many federal and state whistleblowers laws and advise you on what steps to take. Our whistleblower  lawyer will treat each case with your case with a high degree of discretion and sensitivity it deserves. Call or fill out the form and our experienced staff will direct you to our whistleblower lawyer.

Consumer Fraud

What is Consumer Fraud

Consumer fraud occurs whenever a consumer buys something that isn’t as promised or advertised. This includes misleading practices such as advertising, marketing, selling or delivering goods and services. It also includes overcharging for something or concealing a fee. You may also be a victim of consumer fraud if you were compelled to agree to unfair terms and conditions. Consumer fraud may include:

• Defective products.

• Real estate swindle

• Collecting for a fake charity or cause

• Insurance fraud

• Travel scam

• Identity theft

• Internet fraud

• Credit card scams

• Investment fraud

Consumer fraud protection and product safely laws exist to shield the consumer from these deceptions. Anyone who has no intention of delivering what is sold, misrepresent items, send counterfeit goods or otherwise attempt to trick someone out of their money are committing consumer fraud. Consumer fraud can take place in person, by telephone or mail, or over the internet.

Consumer Fraud and the Federal Trade Commission

The Federal Trade Commission (FTC) is the main federal agency enforcing consumer protection laws. The FTC uses what it calls “industry guides” and trade regulations to define “unfair or deceptive” trade practices.

The FTC enforces most of the federal consumer fraud laws including:

• Fair Credit Reporting Act (FCRA) – outlines the steps you need to take to correct mistakes or errors on your credit report

• Truth in Lending Act (TILA) – credit card companies can’t bill you more than $50 per card for unauthorized charges made to those cards

• Fair Credit Billing Act – sets out how to fix billing errors on your credit card accounts, including fraudulent charges

• Fair Debt Collection Practices Act (FDCPA) – bars debt collectors from using unfair and deceptive practices to collect overdue bills

• Magnuson-Moss Warranty Act – requires manufacturers and sellers to explain warranty coverage, terms and exclusions

• Identity Theft and Assumption Deterrence Act of 1998 (ITADA) – created services for education on identity theft and filing complaints on identity theft

• Credit Card Accountability, Responsibility and Disclosure Act (CARD Act) – limits fees and penalties charged by credit card companies, as well as when they may increase interest rates and by how much

The FTC enforces these laws though administrative proceedings, lawsuits or its rulemaking power. Often, the FTC takes action after consumers file complaints about particular products, services or businesses.

Consumer Fraud Lawyer

If you have been victimized by consumer fraud you may need help. Contact a consumer fraud lawyer at D. Miller & Associates, PLLC. Our experienced consumer fraud lawyer will work with you to determine how best to proceed with your claim. Defend your rights, contact our consumer fraud lawyer today!

Sexual Harassment

Definition of Sexual Harassment

According to the U. S. Equal Employment Opportunity Commission (EEOC), “It is unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.”
Sexual harassment can be a form of sex discrimination. It is sexual harassment if someone makes offense comments (which do not need to be of a sexual nature) about men or women in front of another person of the same sex. Also, the victim and person involved in the sexual harassment can be of the same sex. However, it is not sexual harassment if the conduct is welcome.

Some examples of sexual harassment:

• Verbal or written: Comments about clothing, personal behavior, or a person’s body; sexual or sex-based jokes; requesting sexual favors or repeatedly asking a person out; sexual innuendoes; telling rumors about a person’s personal or sexual life; threatening a person

• Physical: Assault; impeding or blocking movement; inappropriate touching of a person or a person’s clothing; kissing, hugging, patting, stroking

• Nonverbal: Looking up and down a person’s body; derogatory gestures or facial expressions of a sexual nature; following a person

• Visual: Posters, drawings, pictures, screensavers or emails of a sexual nature

The federal law which prohibits sexual harassment in the workplace is Title VII of the 1964 Civil Rights Act. This federal law makes employers responsible for preventing and stopping sexual harassment on the job. In addition, many states have laws in effect to protect victims of sexual harassment.

If you are a Victim of Sexual Harassment

If you feel that you are a victim of sexual harassment there are steps that you can take:

• First, make it clear that you do not welcome the conduct of the harasser. Say “NO” clearly.

• Inform the person that the behavior is offensive. It is a good idea to document all attempts to ask the person to stop the sexual harassment.

• Keep a diary of the sexual harassment. Write down dates, places, times and any witnesses to the sexual harassment.

• Report the sexual harassment. If the sexual harassment occurred while at work, tell whoever would have the ability to stop the sexual harassment. It is best to tell them in writing and keep a copy as you may need to show that you reported the harassment. Be sure to keep copies of everything you send and receive from your employer.

• File a lawsuit. You may be able to sue for money damages or have your job reinstated if necessary. It is also possible to ask the court to require your employer to prevent any future sexual harassment from occurring.

Sexual Harassment Lawyers

It is important to talk with sexual harassment lawyers to discuss your choices. The experienced sexual harassment lawyers at D. Miller & Associates, PLLC will help you to understand your choices, their benefits and risks as well as the strengths and weaknesses of your case. It is important that you contact our experienced staff quickly as there is a deadline for filing a formal complaint of sexual harassment. Our experienced team of sexual harassment lawyers will guide you every step of the way.