Scam – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 The Problem with Robocalling–And How to Stop It https://legacy.lawstreetmedia.com/blogs/technology-blog/problem-robocalling-stop/ https://legacy.lawstreetmedia.com/blogs/technology-blog/problem-robocalling-stop/#respond Wed, 17 May 2017 15:02:53 +0000 https://lawstreetmedia.com/?p=60798

Has a robot ever called you?

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Image Courtesy of Martin Cathrae; License: (CC BY-SA 2.0)

“Hi this is Sara, I’m calling with important information about your credit card. Nothing is wrong, but you are eligible for a great opportunity. Stay on the line or press one for more information.”

If you have a working telephone, you have probably received a call just like this or one of a similar nature. Assuming you didn’t hang up immediately, you pressed one to try and speak with a human to get your number taken off their list. And you most likely were met with a “click” signaling that they had hung up on you, rather than taken you off their list.

Free cruises, important information about your credit card, debt collection, calls from the IRS, warnings about a computer virus, and a whole litany of other enticing robocalls are increasing–despite their illegality. In April alone there were 2.5 billion robocalls placed in the U.S.

The FCC defines robocalls as unsolicited, pre-recorded messages that are placed without written or verbal consent. Exceptions are information about flight changes and school closings.

So, if they’re illegal, why are they still happening? The first reason is the ease with which they can be placed. According to the FCC, new technology allows these scammers to use inexpensive autodial technology to call hundreds of numbers a minute, whether they are on the Do Not Call list or not.

Even though robocalls are difficult to stop, a new string of lawsuits are aiming to curb this problem.

In January, the FTC filed two suits, FTC v. Justin Ramsey, et al. and FTC v. Aaron Michael Jones, et al., against two of the biggest perpetrators of robocalling. Many of the defendants have agreed to a settlement that includes a permanent ban on robocalling in the future, an agreement to never help others to place robocalls, a promise to stop calling numbers listed on the Do Not Call list, and paying a settlement to the FTC of over $500,000. 

In 2012 Grant Birchmeier and Stephen Parkes filed a class-action lawsuit against Caribbean Cruise Line, claiming that the company illegally contacted them and others on multiple occasions. The settlement resulted in Caribbean Cruise Line agreeing to pay up to $500 a call to those who received calls between August 2011 to August 2012.

Unfortunately, these fines and lawsuits are hardly threatening. One scam that pretended to be the IRS, was able to swindle $26.5 million from about 5,000 people, according to the (real) IRS. Telephone companies are working on new technology to block robocalls. But while those are still experiencing some hiccups, there are some preventative measures you can take.

First, don’t answer unfamiliar calls. If someone really wants to get in contact with you, they can leave a message. Most robocallers are testing your number to see if there is a real person at the other end. Not answering prevents them from getting that knowledge. Once they do know there is someone there, that number gets passed around to more and more robocall centers.

If you get any calls like this, submit the suspicious numbers to the FTC at this link: https://complaints.donotcall.gov/complaint/complaintcheck.aspx. Furthermore, you should put yourself on the Do Not Call list. Being on this list won’t prevent all calls from scammers, but it will cut down on some. Here is the link: https://www.donotcall.gov/

 Finally, never give your bank account information or credit card information over the phone to a stranger. No matter what scare tactics they use (telling you you’re being sued for fraud, telling you your computer has a virus, etc.) do not give them your personal information. It’s always best to hang up and verify that what they are saying is true.

For the near future, it looks like we will be plagued by robocalls. But if you follow these steps, you’re on the way to stopping them.

Anne Grae Martin
Anne Grae Martin is a member of the class of 2017 University of Delaware. She is majoring in English Professional Writing and minoring in French and Spanish. When she’s not writing for Law Street, Anne Grae loves doing yoga, cooking, and correcting her friends’ grammar mistakes. Contact Anne Grae at staff@LawStreetMedia.com.

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How Will Wells Fargo Recover From its Fraud Scandal? https://legacy.lawstreetmedia.com/news/will-wells-fargo-recover-fraud-scandal/ https://legacy.lawstreetmedia.com/news/will-wells-fargo-recover-fraud-scandal/#respond Fri, 09 Sep 2016 20:07:03 +0000 http://lawstreetmedia.com/?p=55388

Wells Fargo, America’s biggest bank by market capitalization, has apparently been scamming its customers by opening unauthorized deposit and credit card accounts for years.

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"Wells Fargo" courtesy of [Mike Mozart via Flickr]

Wells Fargo, America’s biggest bank by market capitalization, has apparently been scamming its customers by opening unauthorized deposit and credit card accounts for years. High sales targets and promises of bonuses prompted employees to commit illegal cross-selling–which is when you sell multiple products or services to the same customers. In fact, 5,300 employees have been fired for “inappropriate sales conduct” over the past five years.

On Thursday the Consumer Financial Protection Bureau (CFPB) fined the bank $100 million, which is the highest fine the federal agency has ever issued. Additional fines of $35 million and $50 million each are to be paid to the Office of the Comptroller of the Currency, and to the City and County of Los Angeles.

The director at CFPB, Richard Cordray, said in a press release:

Wells Fargo employees secretly opened unauthorized accounts to hit sales targets and receive bonuses. Because of the severity of these violations, Wells Fargo is paying the largest penalty the CFPB has ever imposed. Today’s action should serve notice to the entire industry that financial incentive programs, if not monitored carefully, carry serious risks that can have serious legal consequences.

Banking analyst Dick Bove said on Friday that it’s time to sell your stocks in the bank. He told CNBC: “What Wells has done is it’s saying that it’s treating customers badly, it broke faith with customers. There is no business in the world that can treat its customers badly and continue to expect to grow.”

To gain back the public’s trust after something big like this, especially with the 2008 financial crisis fresh in mind, Bove said Wells Fargo would need to do something drastic. For example, forgive all student loan debt. He said:

If you do that to customers who have student loans, they’ll stay with you for life. It requires something big, comprehensive and meaningful. Whether it’s that exact action or some other action that they come up with, I don’t know. I think it requires a significant step to re-establish faith with the consumer.

Many Twitter users reacted to the news.

And one popular question is why no higher executives have been held accountable.

Essentially, employees at the bank boosted their sales by secretly opening new accounts and then funding them by transferring money from customers’ existing accounts. This often brought along additional fees and charges for the customers. It’s been reported that more than two million deposit or credit accounts were opened in this fashion. According to Reuters, employees were told that most customers used six financial tools but that they should push them into using at least eight.

According to CNN’s Douglas Rushkoff, the scale of these scams show that it’s not just the behavior of one bad banker, but rather a symptom of extreme capitalism in the banking world. Since banks make money from extracting funds from customers who want to invest or make transactions, they need to make sure those processes happen. During a time with slow growth though, the bankers need to create some kind of growth synthetically, out of fear of losing their jobs or missing out on a bonus. An easy way to do this is extract more money from people who already are customers, by offering new credit cards with higher fees or loans with higher costs or new terms that are worse for the customer but better for the bank.

Wells Fargo has been known for its ability to cross-sell multiple products to the same customers. In a statement on the bank’s website it said:

Wells Fargo is committed to putting our customers’ interests first 100 percent of the time, and we regret and take responsibility for any instances where customers may have received a product that they did not request.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Trump University Tactics Revealed: Former Employees Call it a “Scam” https://legacy.lawstreetmedia.com/elections/tactics-trump-university-revealed-former-employees-calls-scam/ https://legacy.lawstreetmedia.com/elections/tactics-trump-university-revealed-former-employees-calls-scam/#respond Thu, 02 Jun 2016 16:52:15 +0000 http://lawstreetmedia.com/?p=52855

To make matters worse, Trump is going after the judge who released the documents.

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"Donald Trump" courtesy of [Michael Vadon via Flickr]

Trump University was a fraud, a lie, and a scheme. That’s what former employees at the school said in testimony revealed on Tuesday; the statements were given as a part of a lawsuit against the so-called university.

But “Trump University” wasn’t a real university at all, and the students did not get to learn the secrets behind Trump’s enormous real estate success. The now-public documents paint a picture of a money-obsessed and unscrupulous business that used high-pressure sales tactics to attract students.

The ongoing lawsuit was filed by discontented former students, and the documents that were released on Tuesday contain statements from former managers, as well as the handbook salespeople used to entice students. The instructions reveal how they were supposed to sell expensive classes to struggling students using sales psychology techniques, and to lure them in by claiming that Trump would play an active role in their education–but that simply wasn’t true.

Salespeople were also told to encourage everyone to pay with their credit cards, and even to open up as many credit cards as possible: “It’s O.K., just max out your credit card,” a former event manager named Corrine Sommer remembered salespeople telling prospective students.

The entire case has become even more convoluted after Trump attacked and insulted the judge presiding over the case. U.S. District Court Judge Gonzalo Curiel was the one who ordered the release of the documents, as a response to a request by the Washington Post. Trump boiled over and called the judge “hostile,” a “hater,” and said that he is “we believe, Mexican, which is great. I think that’s fine.” Curiel, for the record, was born in Indiana.

Hillary Clinton soon jumped in and used the latest development in the Trump University lawsuit to attack Trump on Twitter. She said that the scandal is more proof that Trump is unfit to be President.

At her rally in New Jersey on Wednesday Clinton said: “[Trump] is trying to scam America the way he scammed all those people at Trump University.”

You can see the Trump documents for yourself here.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Is That Your Vomit? Uber Drivers Accused of Fake Puke Pics Scam https://legacy.lawstreetmedia.com/blogs/weird-news-blog/vomit-uber-drivers-accused-fake-puke-pic-scams/ https://legacy.lawstreetmedia.com/blogs/weird-news-blog/vomit-uber-drivers-accused-fake-puke-pic-scams/#respond Mon, 07 Mar 2016 22:19:40 +0000 http://lawstreetmedia.com/?p=51050

This is actually disgusting.

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Uber app Courtesy of [freestocks.org via Flickr]

For most alcohol appreciating 20-somethings, nothing is worse than going out and getting drunk, and then waking up the next day to realize you vomited everywhere. However, there’s a special kind of low reserved for when you realize said vomiting took place in your Uber ride home, and you have a $200 cleaning bill to pay.

But before you reluctantly fork over your hard earned money to the “puke police,” take a second and ask yourself is that really your vomit? As chances would have it, it might not be.

According to the Gothamist, a Manhattan art director and avid Uber user by the name of Meredith Mandel woke up one morning and checked her Paypal account to find the extra charge tacked on to her $19 Uber fare from the night before. The driver even attached photo evidence of the alleged barf to back up his claim. Problem is, Mandel claims she’d only had two glasses of wine that night and knows for a fact that neither she, nor her riding mates, vomited in the car.

Warning picture of gross vomit (that’s probably fake) below:

Mandel chose to disable her Paypal account while she tried to dispute the charge, but realized her account needed to be active in order to receive a refund. But when she re-enabled the account she found a second $200 charge pending from Uber, and her driver “Muhammad” miraculously was unable to be reached.

After going back-and-forth with a customer service representative to contest the charge, she was made aware of the fact that the cleaning fee goes entirely to the driver. It was at that moment that she realized she was being scammed. Based on the photos, she told the Gothamist that she had determined a few things.

One: at least one of the three photos appear to show portions of the car in the front seat. She says that she and her fellow passengers were confined to the back. Two: all of the purported puke seems to be confined to easily washed plastic surfaces, mainly floor mats and the plastic of the dashboard and a driver’s-side door. Three: there have been other reported instances of alleged Uber vomit scams, including two incidents in Tampa, Florida that got a driver fired, and another in Los Angeles. Four: when she uploaded the photos to a metadata scraping website, no time or date was attached to the photos (we repeated this process with files she provided and got the same results). And of course, she says neither she nor her companions were drunk.

Needless to say Mandel has sworn off Uber, and says she’s downloaded the N.Y. Taxi app and Lyft to help fill the void. She was never charged that second $200, and an Uber rep claims she will be refunded the cleaning charge. Still this is pretty shady, Uber.

Like Mandel stated above, this isn’t the first time Uber drivers have been accused of trying to take advantage of customers. In February a Washington D.C. man ordered an Uber and asked the driver to drive him one mile to his home, but fell asleep soon after getting into the car. When he woke up the driver had driven him around for more than two hours and had racked his bill up to $171.

After repeated negative stories in the press, including a homicidal Uber driver’s shooting spree in Kalamazoo, Michigan, Uber is definitely suffering from an image problem. The company has some serious room for improvement if it wants drunk partiers to continue to rely on it for “DD” services, so get it together Uber.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Holiday Gift Guide: How to Authenticate a Designer Handbag https://legacy.lawstreetmedia.com/blogs/fashion-blog/holiday-gift-guide-authenticate-designer-handbag/ https://legacy.lawstreetmedia.com/blogs/fashion-blog/holiday-gift-guide-authenticate-designer-handbag/#comments Fri, 19 Dec 2014 18:44:15 +0000 http://lawstreetmedia.wpengine.com/?p=30357

Hoping for a a new Louis Vuitton purse this holiday season? Now you can spot a knock off.

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Image courtesy of [Maegan Tintari via Flickr]

Last week I told you about the $22 million counterfeit operation busted in Queens. So now you might be asking yourself: If getting your “designer” handbags from Canal street is such a big no-no then where should I get my holiday gifts at a reasonable price? Never fear, it’s almost 2015 and there is now a plethora of consignment sites to get your second-hand designer goods. But as great as sites like Ebay, Amazon, and the new Alibaba are, sometimes sellers aren’t always honest when they claim their items are authentic. So to make sure that you don’t get duped (like my poor brother did when he ordered those fake Nikes from China) I’ve put together a handy guide on how to spot a fake. Whether you’re giving or getting one this season, here’s all you need to know about how to properly authenticate a designer handbag.

Chanel

Remember when I told you that I’ve had family members gift me fake bags in the past? When I was in high school, my aunt gave me a Chanel Grand Shopping Tote. I thought it was cool until I found some irregular stitching and a defect in the “leather.” However, there are a few other tell-tale signs aside from the obvious ones. When it comes to the flap bag, the quilting should properly line up when the bag is closed. The biggest giveaway can also be simply the leather itself; the lambskin should feel buttery smooth and not waxy. Also, every bag made after 1985 should have a label with a specific serial number inside.

Hermès

The most coveted bag in fashion history, people will do anything to get their hands on an Hermès Birkin bag. With a retail price of up to $150,000, the Birkin bag has a high resale rate, so it only follows that there are a lot of fakes floating around out there too. The easiest thing to look for is the bag’s lock spindle, as it should turn around smoothly, and should not be bumpy or grainy. The logo should also read Hermès-Paris with a dash, as opposed to an underscore. In the video below, Tammy Flehr-Gates from Michael’s consignment shop on the Upper East Side gives more tips on how to spot a fake Birkin.

Louis Vuitton

For any Vuitton bag, I reiterate the importance of checking that the leather is dry because if it’s waxy, sorry, but it’s probably not even leather to begin with. More specifically, the Neverfull’s strap should be exactly 3/8″ in width. Any larger is a sign that the bag is made of poor material, so it needs a thick strap to withstand any weight. Vuitton is also famous for its various collaborations, like with Japanese artist Takashi Murakami. The infamous multi-colored Speedy features exactly 33 colors, so any less and it’s cheap, lazy imitation. The cherry blossom Speedy also has a sneaky feature that an amateur counterfeiter would never know about; the inside should say “Made in Japan.” Although Vuitton bags are typically made in France, this particular collaboration was made in Japan. If it says “Made in France” on a cherry blossom Speedy, it probably wasn’t made there, or even in Japan for that matter.

Balenciaga

My personal favorite, the City Bag, is pretty easy to authenticate. Since it features so much metal hardware, the first thing you should check for is if they’re heavy and not hollow-feeling. The O-rings on all the zipper pulls will also be soldered closed. Rivets have two rectangular notches in them and the straps should be smooth with absolutely no bumps. Also you won’t ever find your average YKK zipper on a Balenciaga, as they only use Lampo zippers on their bags.

Katherine Fabian
Katherine Fabian is a recent graduate of Fordham University’s College at Lincoln Center. She is a freelance writer and yoga teacher who hopes to one day practice fashion law and defend the intellectual property rights of designers. Contact Katherine at staff@LawStreetMedia.com.

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BS in Dancing: When Strippers Work Admissions, It Might be a Scam https://legacy.lawstreetmedia.com/blogs/humor-blog/bs-dancing-strippers-work-admissions-might-scam/ https://legacy.lawstreetmedia.com/blogs/humor-blog/bs-dancing-strippers-work-admissions-might-scam/#comments Thu, 11 Dec 2014 15:26:27 +0000 http://lawstreetmedia.wpengine.com/?p=29928

Students at now-defunct FastTrain College may not need to repay student loans.

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Image courtesy of [brh_images via Flickr]

With a name like FastTrain College, you probably expect a top-notch education system along the lines of Harvard or Yale; however, what you apparently get is a different type of top entirely. When FastTrain wants you (so basically if you are a man), it will send out its top admissions officer. And by top officer, I of course mean an exotic dancer dressed provocatively in an effort to lure you into the school. Because every life decision should be made by the size of the breasts and attractiveness of the faces you will see when you get there. (Though since I chose my college strictly on the size of its dorm rooms, I suppose I cannot really judge.)

Courtesy of Giphy.

Courtesy of Giphy.

Strippers aside, the school was not as morally motivated as you might expect from an organization that got you to attend by showing you sexy women. The school had a few questionable practices, too. For example, it would apparently give you a high school diploma if you didn’t have one so that you could attend college, which really is very nice even if it is not legal. Let’s all pretend that the real reason isn’t so that the new high school “graduate” can now apply for student loans that will go to the school to pay for their higher “education.” The school also asked students to lie on their government forms. All in all, it stole a whole lot of government money–meaning millions–which led to an FBI raid, criminal charges against the owner, and an ongoing civil suit.

Courtesy of Giphy.

Courtesy of Giphy.

This is a pretty titillating subject don’t you think? (Yes that pun was intended.) More than 100 students from this now-defunct school (only open a few years) are in default on their loans; however, the students going there during the raid will not have to pay. Because of a closed door provision, the government will do the following to a loan from this time: drop it like it’s hot.

I have a feeling this school will not win its lawsuit and will have to repay the money it took. Lucky for FastTrain, it has a real clear way to collect those fees: strip show on campus!

Here is my advice to prospective college students: do not go to a school that is run by strippers unless you are going to school to become a stripper or a stripper-voyeur. I promise you will not regret this advice as ludicrous as it might seem now.

Ashley Shaw
Ashley Shaw is an Alabama native and current New Jersey resident. A graduate of both Kennesaw State University and Thomas Goode Jones School of Law, she spends her free time reading, writing, boxing, horseback riding, playing trivia, flying helicopters, playing sports, and a whole lot else. So maybe she has too much spare time. Contact Ashley at staff@LawStreetMedia.com.

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Service Dog Scam Artists Coming to a Restaurant Near You https://legacy.lawstreetmedia.com/blogs/service-dog-scam-artists-coming-restaurant-near/ https://legacy.lawstreetmedia.com/blogs/service-dog-scam-artists-coming-restaurant-near/#comments Tue, 24 Jun 2014 10:31:42 +0000 http://lawstreetmedia.wpengine.com/?p=18266

The first time I encountered a service dog I was working at a toy store in my hometown. She was an adorable English bulldog sporting a pink service dog vest. But to this day I still wonder if she was actually certified or not. I wonder because many dog owners have taken it upon themselves […]

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The first time I encountered a service dog I was working at a toy store in my hometown. She was an adorable English bulldog sporting a pink service dog vest. But to this day I still wonder if she was actually certified or not.

I wonder because many dog owners have taken it upon themselves to cheat the system by pretending their furry friends are service dogs, dressing them in service dog vests. The vests allow owners to bring their dogs almost anywhere, including restaurants, hotels, and airplanes. Take a look at this quick video testing the limits of service dog scamming:

video platformvideo managementvideo solutionsvideo player

The investigation, conducted by Local News 10 in Miami, shows how easy it is for dog owners to gain admission to restaurants by simply uttering the words “service dog.” The video features two citizens who use seeing-eye dogs; they are horrified by  the scheming dog owners. But with fake certificates and vests obtained online, business owners can’t tell the difference and may face lawsuits if they ask more than the two questions outlined by the Americans with Disabilities Act:

  1. Is the dog a service animal required because of a disability?
  2. What work or task has the dog been trained to perform?

Because of these sneaky pet owners, people with disabilities who actually need the assistance of service dogs are facing the consequences. For example, seven-year-old Zachary Sorrells, who suffers from cerebral palsy and epilepsy, was not allowed to bring his service dog to school with him. The boy has been on seizure medication since he was 12 months old, but his service dog, Majesty, can detect seizures before he has them. With Majesty’s help, Zachary’s parents were able to wean him off the medication.

The Sorrells moved to Arkansas for a special children’s hospital for their son. When he began attending school in August, the Cabot School District told the family that Zachary could not bring Majesty to school with him. Later officials told the Sorrells that Majesty could accompany him with a handler present at all times. The handler would be an expensive burden on the family — $500 each month — so the Sorrells filed a complaint with the Office of Civil Rights.

An 8-year-old girl from Illinois is fighting a similar battle. Kellsey McGuire was diagnosed with epilepsy at 18 months old. Shortly after she began attending Sherrard Grade Day School in January 2014, Kellsey was forbidden to bring her service dog Jasper to school with her. In an interview with KWDC, Kellsey’s mother, Brandi, said her daughter has had up to 90 seizures in a day and Jasper helps them know when she is experiencing one. The family is currently seeking legal aid on the matter; their attorney says the school district violated the ADA.

Another large group of people who use service dogs are Veterans with PTSD and other disabilities. According to the U.S. Department of Veterans Affairs, service dogs and emotional support dogs may be helpful to those who have PTSD. The VA is currently conducting research “to determine if there are things a dog can do for a Veteran with PTSD that would qualify the animal as a Service Dog for PTSD.” Additionally, veterans who suffer physical injuries benefit from the assistance of trained service dogs in their day-to-day lives. Below is an image of Jeffrey Adams and his service dog Sharif, who responds to 40 different commands and carries out crucial tasks when he removes his prosthetic.

Would you continue cheating the system if you knew you were hurting the people who actually need their dogs for assistance in public places? I think it’s time for pet owners who selfishly dress their dogs in service vests to consider those who actually need service dogs. The ADA requires reform–the loophole is so large that anyone could label her dog a service dog. The government should crack down on the websites that provide fake certificates and vests for dogs.

Real service dogs take years to train; they respond to commands and help their owners with tasks from picking objects up to guiding their owners down the street. For some, their lives depend on their service dogs, and for others they rely on the dogs to complete tasks they could not otherwise complete. For the rest of the dog owners out there, keep your dogs where they belong and dress them how you like, so long as you stop mislabeling your pet as a service dog.

 

Featured image courtesy of [Found Animals Foundation via Flickr]

Natasha Paulmeno
Natasha Paulmeno is an aspiring PR professional studying at the University of Maryland. She is learning to speak Spanish fluently through travel, music, and school. In her spare time she enjoys Bachata music, playing with her dog, and exploring social media trends. Contact Natasha at staff@LawStreetMedia.com.

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