RALEIGH, N.C. - Some North Carolinians who have personally experienced the state's "contributory negligence" law are speaking up as the General Assembly considers changing to a "comparative fault" system, which is used in almost every other state.
Lisa Vogel's son died in a car crash caused by a drunk driver. Although the case was clear on the criminal side of the justice system, the civil side turned it upside down by invoking "contributory negligence." The result was a ruling of: "He should have known better than to get in the car." Vogel says that was not only unfair, but was especially hurtful to her family.
"On top of all the grief that we were suffering, to hear that our son was, essentially, being held responsible for his own death... And, I mean, he had done nothing illegal that night."
Vogel explains that a comparative fault system would have measured the responsibility of each party's actions and held them accountable based on that measurement.
John "Happy" Lashlee's experience with the state's "contributory" system came after a chainsaw accident left him paralyzed.
He says because he didn't have the correct chain on the saw, the "contributory negligence" law holds him responsible, even though the mistake was made by a company representative. He's concerned that there are chainsaw users all over the country at risk of injury and death, and that they don't it know because the case didn't go to court.
"That dealer is the one that put the chain on there, and also sharpened that chain on a few occasions. No one ever said, 'You know, this is the wrong type chain.' So I never knew it."
Insurance companies are fighting the proposed change, warning that it will result in more court cases and higher insurance rates for consumers.
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Food prices remain high, in Montana and across the country.
A new report by the Federal Trade Commission says the country's largest grocery companies are gouging consumers, by keeping prices artificially high.
Many grocers, retailers and wholesalers have consolidated to cut costs. Grocers continue to blame supply chain problems, even though regulators have said most of those issues have been resolved.
President of the advocacy group Farm Action, Angela Huffman, said retailers were doing more than making up for lost revenue during the pandemic-era supply chain disruptions - and the FTC report says they continue to do so.
"In 2021, the retailer revenues, they rose to more than 6% higher than their total costs, and that those profits are still going up," said Huffman. "So, in the first nine months of 2023, the profits increased to 7%."
At nearly 6.5%, Montana had the nation's ninth-highest grocery price increase in 2023.
The FTC data show Amazon, Kroger and WalMart each gained market share during and after the pandemic - while profits continued to rise.
Other large retailers and wholesalers have consolidated, which they say gives them more buying power and the ability to pass those savings on to customers.
Huffman said that isn't what's happening, and calls on regulators to fine the grocers, or more.
"This would be kind of the farthest extent of what they could do, but go so far as breaking them up," said Huffman. "In years past, they broke up the telephone companies and the railroads and, you know, that would be the ideal outcome for us, is to take away their excessive power."
Huffman also points to a 150% increase in egg prices in 2023, which producers blamed on the avian flu. The FTC says the disease did not justify the drastic price hike.
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April is Financial Literacy Month, when the focus is on learning smart money habits but also how to protect yourself from fraud.
One problem on the rise in the Southeast is the "impostor" scam, when scammers represent themselves as fake government agents or bogus businesses. They are really on the prowl for your cash and personal info, costing victims in North Carolina almost $190 million last year alone.
Natalya Rice, Southeast Regional attorney for the Federal Trade Commission, listed some key red flags to look out for.
"Utilizing a payment app, sometimes even cryptocurrency, things like that," Rice noted. "Anyone who contacts you from what seems like it could be a legitimate company or business, if they're asking you to send them money or some type of payment through one of these type of payment methods, that is a red flag that you're dealing with a scammer."
Other warning signs include requests to transfer your funds or even demands for a verification code to access an account. If you have concerns, Rice advised it is best to stop communication and contact the actual company directly. Still other scams big in the Southeast include online shopping, investments and job offers.
Nationwide, a record $10 billion was lost to scams in 2023.
More than 25,000 North Carolina residents reported possible identity theft last year. Rice recommends acting promptly when you realize or suspect you have been scammed. The first step is to contact your financial institution and report the incident to its fraud department. She added it is crucial to notify federal and state agencies for further investigation.
"You can go to reportfraud.ftc.gov and fill out a report there and let us know what happened," Rice noted. "In the state of North Carolina, there's also another place you'll want to report it to, and that's the North Carolina Attorney General's Office."
If you suspect your identity has been compromised, Rice stressed the FTC can assist you in developing a recovery plan. She added getting your money back is never guaranteed but the sooner a scam is reported, the sooner it can be investigated and other people can be warned.
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Advocates are cheering the General Assembly for legislation protecting Marylanders' data privacy and are calling on Gov. Wes Moore to sign the bill.
The Maryland Online Privacy Protection Act of 2024 would limit data collection by tech companies as well as their ability to bury unfavorable terms in complex license agreements.
R.J. Cross, director of the Don't Sell My Data Campaign for the Public Interest Research Group, said the new law is a win for consumers.
"No one reads those long privacy policies. They're often vague and full of legalese and so, hiding what a company wants to do with your data there is pretty duplicitous and not being consumer friendly," Cross contended. "The Maryland law takes a very different approach and said it's not enough; you can't just hide things in your fine print. You need to have good data practices that protect people upfront."
She pointed out the Maryland law would be one of the strongest in the nation. If Gov. Moore signs the bill, it would go into effect in October 2025.
The bill gives consumers the right to have some personal data deleted and places limits on the kind of widespread monitoring used to generate targeted advertising. Cross noted such data collection is common.
"A lot of our favorite websites and apps are gathering things like what you've searched for online, every website you visited, your location, maybe even your entire phone contact list," Cross outlined. "It has turned around and sold that information to companies that you've probably never even heard of."
With data breaches consistently making news, Cross added the bill will improve Marylanders' personal security.
"A lot of what this will do is limit how much data is being collected about you and sold, which will help your personal security in a big way," Cross explained. "The more data that companies collect about you, and the more they sell it to other companies, the more likely it's going to be exposed in a breach or a hack."
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