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TV Reinvented

How Television is Adapting to the Internet

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As many of us look to stretch our dollar a bit further our money spent on entertainment is often cut. However, entertainment is a good way to relieve stress and get a quick break from the real world. Increasingly, the fee paid for an internet connection is offering a bigger return on the entertainment dollar. Improved connection speeds have created a mushroom of online content that allows users to watch streaming news broadcasts, missed TV shows, webisodes, viral videos (i.e. YouTube), free online games (and competitions), blogs and chat rooms - to name a few. Everywhere you turn, everyone is trying to get their movie, TV show, 15 minutes all noticed on the web. Television alone has morphed from episode summaries and casting lists on a single webpage to deluxe sites with missed episodes online, behind the scenes footage, games, screensavers, additional back stories and character development, and much more. So who is leading the pack with the best sites and content? Who is side-stepping the pack altogether? You might be surprised!

The Usual Suspects
Below is our ranking of the major broadcasting stations that are easiest to use and include extra online content.

  1. NBC.com http://www.nbc.com/ NBC has a slick and clean menu and you can easily find episodes of your favorite shows. A great plus is that you can watch a whole season if you got lost a while back and need to catch up. Also, you don't have to watch the show the same week it originally airs. Videos load quickly and offer chapter selection to jump where you left off or skim through with ease. 
  2. ABC.com http://abc.go.com/ The website is clean and easy to navigate. A big disappointment is that not only does the user have to sign an agreement but then download a special plug in just to watch online episodes. The entire site has a much more proprietary feel to it. However, they did redeem themselves a bit by allowing access to episodes from previous seasons for one of their most popular (and confusing) shows 'LOST.'
  3. CBS.com http://www.cbs.com/ CBS has a fairly easy menu. The best is to go by show as viewing directly by video is a bit more messy and makes it harder to find past episodes. The option to watch TV and chat at the same time is slow to load (I gave up after two minutes of the loading icon spinning). Video without chat loads quickly and is just as fast as the other stations. Plenty of content about shows but the webpages have an older point-and-click menu that takes a bit longer to navigate. There wasn't a lot of clarity in the order of episodes if you were trying to catch up for the season.
  4. FOX.com http://www.fox.com/ A slick moving website that is easy to navigate. However, FOX allows access to fewer full episodes then the other stations. The individual show websites offer a lot of extras but are not as clear to navigate.

Cable Networks
So if you don't subscribe to cable, who gives you the best online?

  1. Discovery Communications Group Discovery Channel - http://dsc.discovery.com/ | The Learning Channel - http://tlc.discovery.com/ Animal Planet - http://animal.discovery.com/ | Science Channel - http://science.discovery.com/ This family of websites has a similar menu and limited selection of full episodes like FOX. However, the fact that current shows with new content is available is a plus compared to other cable stations. Overall, a great way to get highlights of what you're missing for chats around the water cooler. Also, the extra games are a nice touch.
  2. Comedy Central http://www.comedycentral.com/ Full episodes are available for most shows. The individual shows do keep separate URLs which made it a little harder to navigate back to Comedy Central. However, all offered complete sites with extra content.
  3. Disney TV http://disney.go.com/index This site has a slick design and offers plenty of content including games and fan pages for their most popular shows. One negative is there is almost too much content. Many 'teaser' videos play when the user enters a new page without being selected. Although some full episodes are available online, they are not necessarily in discernable order.
  4. Nickelodeon http://www.nick.com Plenty of fun games and video bites for kids. Like Disney, there is background content that loads as soon as you enter a page. The pages are busy and harder to find content.
  5. A&E TV http://www.aetv.com/ Not the easiest navigation at first. However, more episodes and clips of episodes are offered then on some comparable cable sites.
  6. USA Network http://www.usanetwork.com/ A couple to a handful of episodes available of USA original shows. Some are available without commercial interruption which is a nice touch. However, not all series offer episodes for online viewing.
  7. Bravo http://www.bravotv.com/ Some behind the scene information and recaps. Videos are offered with some full episodes. However, the navigation of videos is not user friendly and is geared more towards a fan who knows what they are looking for on the channel.
  8. TBS.com http://www.tbs.com/ Again a required download of a plug-in before being able to view videos. Basically a collection of a few variety shows and reruns. There is not access to the movies, only their schedule.

A Brand New World
Sites without a presence on television but offering television/movie entertainment.

  1. TV.com http://www.tv.com/ There is definitely more content on this website then some of its competitors. This site has a larger variety of shows and even news broadcasts are easy to search and view here. TV.com offers an easier navigation if you want to find information and summaries of a particular television show. However, the video interface is not as friendly.
  2. Hulu.com http://www.hulu.com/ Hulu offers episodes of series from all different TV channels. Episodes are separated by genre rather than channel, but an easy search will help you find your favorite quickly. Interestingly, some episodes will load directly from Hulu whereas others will take you to the home website making Hulu act more like a search engine. An added plus are the movies. Many of your re-run favorites from Sunday afternoon can be found here. Load time is good, even for full movies.
  3. Boxee http://www.boxee.tv/ This is a free membership website that dose require users to download their program. It checks all your media on your computer and then creates a one stop area for everything from photos to music. With an open source code it is intended to be manipulated by users so they can add user generated content. However, it is not really ready for all computer systems at this time and was overall frustrating to install. PC to TV or TV to PC? Considering the competition for your entertainment dollars, it should be no surprise then that many TV's offer WiFi connection to your computer to make certain you can enjoy all these extra goodies from the comfort of your couch. However, some computers are also pushing their new models of All-in-Ones aimed at being one-stop entertainment centers. These new computers are offering bigger and better viewing screens, more compact CPUs and easy plug and play for cameras, music players (iPod, Zune, etc.), and much more. Depending on your budget and your pocket book, there are some wonderful choices on the market already.

Charity 101

How to choose the best & avoid scams.

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Giving to others in need seems to be a natural impulse the world over. Many of us enjoy giving to causes, programs or research that we agree with and believe in; however, sometimes we are caught unaware and are asked to give by volunteers. We may love the idea of the cause but know little about the organization. Or we may like the idea, but prefer it were handled differently. So where do you go to find the best fitting charity and how do you determine if they are legitimate? Below we have compiled some things to consider when choosing a charity, such as when to give, how to avoid scams, and other ways to give to the community rather than a cash donation.

Before you Give

What Touches You? - It may sound simple (and it is) but one of the best gauges for which charity to choose should be what you are passionate about. What causes mean the most to you? What charities benefit research, education or programs you believe in? This should be your first consideration when choosing a charity. It will help narrow your choices and there is nothing better than having pride about the organization you choose. Who knows, that initial donation could lead to volunteering and becoming actively involved in something you really care about.

Take Control - Be proactive about the charities you choose to support. Don't wait for someone to come knocking at your door or spend money on reminders in the mail. Instead, take the first step by actively searching for charities that give to the causes you believe in. To begin your search, check out some of these sites: Charity Navigator | Guide Star | IRS Search

Money 101 - Find out where your donation goes and how it is spent. Most organizations offer easy charts and/or percentages detailing how much money goes to the cause, administration, events, publications, etc. Although you may like the ideas behind an organization, you may not agree with how they choose to spend the money. The only way to know is to check them out and if you can't find the information, practice our next point and ask questions!

Ask Questions - Don't be afraid to ask questions! Perhaps how they spend money on fundraising events is worded ambiguously to you. Or you are not certain if the funds will stay local or move nationally. Any questions you have are okay to ask. Sometimes people don't want to ask as they think they are pestering the volunteers and wasting their time - that is not the case! By thoroughly answering your questions, volunteers know they are ensuring your continued loyalty, confidence and support for their organization. If they don't want to answer, then consider someone else - there are plenty of charities to choose from.

Reputation - Find out about the charity's reputation. Have there been complaints about your charity? Are there accolades for your charity? Take some time to see what others are saying about the charity of your choice. Better Business Bureau | Charity Navigator

The Quick List - If you don't want to spend the time researching the charities out there, take a look at some of these lists to see how they are already ranked by organizations. American Institute of Philanthropy | Charity Navigator

When You Give

Dust Off the Checkbook - It is best to donate by check rather than cash or credit card. This way you can specify the money only goes to the organization. Always write the check - don't give any information directly to your bank account. Credit card is okay online if you really know the source is reliable. But be very cautious!

Guard Your Information - As with your bank account information, keep most of your information private. As you will read in the 'Signs of a Scam' section below, caution is unfortunately the best practice when donating money.

Ask if Your Gift is Tax Deductable - Not all charities actually count as a tax deductable donation. Although we realize this is not usually the impetuous behind giving to a charity, it is something to keep in mind if you do plan to claim it on your taxes - especially if it is a sizable donation. The charities won't be offended, just ask.

Get a Receipt - Even if your donation is not tax deductable, get a receipt. This will help you track your records and if you are ever unfortunately caught in a scam, it might help in developing a case against the criminal.

Think Ahead - Consider giving to the charities of your choice once a year or up to a certain amount every year. This will make it easier to choose a charity that you know rather than off the cuff impulse. Also, it will make it that much easier to say no to those who solicit your donations if you know you have already given as much as you want/can for the year.

Signs of a Scam

Appearance is Not Enough - Charity scams can be everything from a person with a jar asking for a particular cause to elaborate schemes that include personnel, office space, logos and image branding - all the signals of a legitimate operation. Thus, we say it again, it is important to do your homework before you give.

Know the Name - Many charity scams are set up using names very similar to bigger and better moderated charities. Be careful and take the time to double check that the organization you are donating to is the one you are really thinking of.

The Copycat - Unfortunately, even knowing the correct name of the charity may not be enough. Some scammers (especially in person) will claim to be from an organization they are not. The best option is to check with the charity to see if they are running a drive in your area before you donate.

Opportunity Knocks - The primary means for charity scams to get your money is by approaching you in person (i.e. at the grocery stores or going door to door), spam emails, and even telemarketing. To be safe, take the information about the charity down but wait to give until you have had a chance to check them out. If they turn on the high pressure "sale" when you mention researching them more, simply walk away. Instead, a legitimate charity will be happy to give you the information about their organization and where to find out more. As for emails, donating to unsolicited emails is never a good idea. Email is only a good option if it is from an organization with which you already have a relationship (usually a reminder to come donate again) or someone you personally know (i.e. participant fundraising for a benefit walk/run/etc.).

Too Much Pressure - Yes we just wrote it above, but it is worth mentioning again - high pressure "sales" from charities is a huge no-no. If they turn up the sob story, guilt trip, or state the need is now or never - be wary and just walk away. Most legitimate charities avoid high pressure tactics and have guidelines for volunteers against such tactics as they are just as glad to have raised the awareness if not always the cash.

Registration Please - It is good practice to ask a charity if it is registered and has a registration number. You can then use this number to look it up with the Better Business Bureau.

Misery Loves Company - Be very careful when giving after a large natural disaster or another event which rocks the community. At these times it is usually best to give through charities that have a standing reputation for helping. But again, make sure to check the name is not a quasi copycat. Be careful how you give the money - even when memorial charities are set up for a local family, you can donate through a bank with an established trust. Try not to let the headlines in the news sway you to give to the wrong person!

Allocation of Funds - Although this is not necessarily a scam item, some donators feel scammed when they find out so little of their money actually goes to the cause of their choice. To avoid this, research the charity to see how they allocate their funds. As we stated above, every charity is different in how it will choose allocate the funds raised. Some charities have high administrative costs and use fundraising to pay staff salaries. Others spend a great deal on advertising campaigns. Although neither is illegal, you may want to see if you agree with the amounts spent. You can find details on the individual charity websites or directories, such as Charity Navigator and Guide Star.

And the Winner Is - Another scam to look out for is the offer of a entry for a prize with your donation. This can usually be related to a scam, but also some legitimate organizations use this tactic. In this instance you may want to consider how much of your donation is going to fundraising gimmicks rather than to the cause at hand.

Other Ways to Give

Your Time is Worth Money - Don't have a lot of cash to give? A little of your time can help just as much or even more for some charities. Many organizations need voluntary workers to make their goals a reality. Most Americans consider donating around November and December when the image of helping out the local soup kitchen is etched in our minds. However, many organizations need help the rest of the year. Contact the charity you are passionate about and ask when you can be the most helpful. Have time but don't know where to participate? Try some sites like these to find volunteer opportunities in your area. Many of these sites let you search by interest - if volunteers get to share the love of one of their hobbies they are more likely to enjoy the experience and spend more time helping. www.idealist.org | www.volunteermatch.org | www.1-800-volunteer.org | www.getinvolved.gov

Take a Volunteer Vacation - Some college students have made headlines by taking volunteer vacations during spring break instead of heading to a party hot spot. But these vacations are not just for college students! Many seasoned travelers find these vacations a great way to learn more intimately about other cultures and give a little back in the process. Whether your passion is people, the environment, culture, language, or all the above, this might be the next vacation for you. www.globalvolunteers.org | www.volunteerabroad.com | www.globeaware.org | www.earthwatch.org

Play on the Web - Some online stores and searches will donate to charities if you use their interface. So why not take them up on the free offer? Do Great Good | The Hunger, Breast Cancer, Child Health, Literacy, Rainforest & Animal Rescue Sites | www.searchkindly.org

Consider Giving a Loan - A different way of 'giving' may be to actually lend capitol to the working poor. A new idea in micro financing gives funds to poor families who need a small loan to make their business ideas work. Loans can be as low as $25 and are actually paid back (unlike email schemes). The forerunner in this area is Kiva.org who started in 2005 primarily connecting lenders with 3rd world entrepreneurs. To find out more, visit their website www.kiva.org. This year, Kiva partnered with ACCION USA and the Opportunity Fund to offer micro loans here in the United States as well. For more on this option, please visit www.accionusa.org or www.opportunityfund.org.

Cracks in the sidewalk

Our home inspector said that parts of our sidewalk are a potential trip hazard.

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Q. Our home inspector said that parts of our sidewalk are a potential trip hazard. We think that he is being too picky and splitting hairs. What do think about cracks in sidewalks?

A. Simple cracks in a concrete sidewalk are not necessarily a problem unless they become large enough to catch the heel or toe of a shoe or the tip of a cane. Cracks normally indicate movement in the sidewalk, and are fairly normal. Most sidewalks that are more than 20 years old will have some cracks. On the other hand, upheavals in sections of the sidewalk can be a liability. Concrete sidewalks typically will have expansion joints at regular intervals. These individual sections of concrete can rise or fall as much as three inches in some extreme cases. The most common reason for upheaval is tree roots. The opposite problem is caused by subsidence where the ground beneath the slab sinks. An upheaval of more than one inch can become a dangerous trip hazard, and a liability to you as the home owner. This type of trip hazard is particularly dangerous at night. In my practice, I always explain this to the client, and encourage them to make repairs.

Preventive Maintenance Tips for your Home-Part 5

This month we will discus helpful tips for maintenance every 2 years.

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Welcome back to Rocky’s Corner!

Last month we started Part 4 of an 8 part series of Preventive Maintenance Tips for your Home. This month we will discus helpful tips for maintenance every 2 years. Every 2 Years

AIR DUCTS:
Consider having the air ducts in your home cleaned if family members suffer excessively from respiratory infections, asthma or allergies; if there is visible mold growth inside ducts or on other components of your heating and cooling system, the ducts are infested with insects or rodents. Excessive amounts of dust and debris and/or particles are actually released into the home from your supply registers.

CARBON MONOXIDE DETECTOR:
Change sensor element.

DECKS AND PORCHES:
If they are professionally cleaned, sealed and maintained, it should only be necessary to refinish and/or stain your wooden decks every two or three years. It is necessary that surfaces be thoroughly cleaned and dried before adding another coat of stain or protective finish. Remove mold and mildew, fungus, tree sap, grease and bird droppings from exterior wood with the appropriate commercial deck cleaner (or homemade mixture) and a stiff brushed broom. Clean mildew and fungus by mixing one cup of chlorine bleach per gallon of water; scrub and rinse well. Sodium bicarbonate works well to remove dirt, mildew and the weathered gray residue from sunlight degradation. Oxalic acid will remove metal stains around nails and dark tannin stains often found on redwood, cedar and oak. Use care and follow manufacturers’ directions when using these products, wear eye protection, long pants, long sleeves and gloves; cover surrounding vegetation with plastic and rinse well.

TILE, NATURAL STONE AND GROUT:
Have your grout, professionally sealed every one to three years in medium to heavy-used areas and every three to five years in lightly used areas.

SEPTIC TANK:
Have the septic tank cleaned and pumped. Join me next month for Part 6 of our series on Preventive Maintenance Tips for your Home. We will be starting with tips for each season st Spring Visit us at www.freminshomeimprovement.com

Homes fo the Future

Smart homes and integrate technology.

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What better way to open the new year with a look at the future. In particular the technology and innovation behind homes of the future. There is no doubt that as technology changes so many aspects of our lives it will soon also effect our personal sanctuary. Last year we looked at how computers were changing how we watched television. Other simple pastimes such as reading are also affected by computers and software notebooks that change our libraries. Music collections can now be slimmed down from plastic CD to bits of data on our computer. But what about the home structure itself? How will new technology effect how we use energy, water, communications and the natural environment surrounding the home? What might the homes of the future look like? Below we take a look at some of the more fast approaching changes to residential buildings that we might see take hold in the next few years.

Homes with a Brain - The new smart homes integrate new technology while keeping flexible for future innovations. A central command for everything from lights, security, and temperature control to entertainment features such as TVs, computers, and music are all connected to one central powerhouse that can be accessed from anywhere in the home. Programming options will allow you to set the home to various tasks based on the time of day. Imagine waking as the blinds open to the sun in your room, the kids are all woken for school by the house using lights and/or radio alarms, the coffee is already brewed and the security system turns off the evening protections so you don't set it off as you grab your morning paper. At the end of your day, the house checks that all the lights are off for you, all the doors and windows are locked, the security system is on, and maybe the refrigerator tallies its contents so it can remind you in the morning that you are running low on milk.

  1. Automated Climate Control - Homeowners with newer heating and cooling systems already know the benefit of automated temperature control. Currently the system can check the temperature and adjust to the ideal climate you preprogrammed. In the future, these systems will be even smarter. Look for future heating and cooling systems to respond to more than just temperature. They will also adjust according to sunlight and wind - perhaps your shades will automatically close against a setting sun. Climate control will also become easier by zone or area. You can control heating to the bedrooms at night in the winter while balancing the rest of the house so you are not paying to heat empty rooms.
  2. The Efficient "Big Brother" - Smart homes of the future will help us monitor how we use energy and resources. With a fully integrated home, families can examine how they are using and wasting energy, water, etc. They can then easily determine where they can make changes to make their homes more energy efficient and environmentally friendly.
  3. Smart Appliances - These futuristic appliances can tell when your dishes are clean and will stop washing automatically. Your laundry will also only run until the rinse water is clean which will moderate water use and shorten cleaning time. Or better yet, instead of running the whole timed 60 minutes, the dryer will stop as soon as your clothes are dry.

Solar Energy - Recent oil prices and environmental concerns have created a resurge in the use of solar power. The new solar panels are not the same ones from the 70s. Instead, new solar panels on the market collect more photovolatic energy and are easier to install. Many homes are already including a few solar panels on the roof to offset energy costs. Setting the panels at the right slop towards where the house receives the most sun exposure is key. Even in a sunny state like California, consumers should realistically expect only a 50-75% savings at this time. But this is still substantial! Just imagine, as technology improves, so will our ability to use the sun's energy.

Wind Energy - Harnessing wind energy for a single urban residence is in a much more experimental/infancy stage than solar energy. But in the future, wind energy may help offset your energy costs just as much. Traditionally, wind power has been on a large scale and usually used rurally because the size of the turbines. But there are innovative thinkers already creating compact wind turbines for the urban resident. A recent example is the Clarian Jellyfish that is no more obstructive than a TV antenna on the roof.

Wireless Energy - Various forms of wireless energy are still under experimentation. Some are already proven to work in models - such as the WiTricity created by MIT Professor Marin Soljacic. In the future, using electromagnetic induction, microwaves or even lasers, energy may be transferred without the use of wires. In cases such as electromagnetic induction, the transmitting energy is reportedly safe to humans as energy moves from the power source to the receiver at a resonant frequency that matches each other but not other items in the environment. At this point the idea is that homes will still be connected to the city power grid, but all the devices in the home would be powered without wires. Imagine never having to charge your cell phone again or hanging a television on the wall without any wires. To read a bit more, click here.

Phones - Will your home in the future have a standard phone line? Many customers have been dropping phone line use in favor of wireless options - in fact, last year it was estimated that one in every five homes only uses wireless phones.* In addition, homes are now using more Internet phone and communication options such as video conferencing. Homes in the future may not be built with a standard phone line as more users switch to an IP based or wireless phone plan. Already many businesses are cutting costs by either not upgrading or not installing these phone lines for reconstruction or new construction projects. Starting with the business sector first, it may only be a matter of time when the phone line becomes optional for new homes.

Security - Many of the gadgets from the movies are now a reality for the everyday consumer. It is becoming easier to set up cameras around your home that you can access from any computer on a secured site. Add to this new electronic locks that allow you to lock/unlock your home online - perhaps you forgot to lock the doors this morning but can now do so from work or you want to let your neighbor in to bring in the paper while you're on vacation. And yes, these new locks will let you track which doors are opened, when and, in the future, by whom. You can already get fingerprint readers that will limit access to computers and/or your home. Some of the new model homes also include iris scans that make keys almost unnecessary.

Space - In the cities our available living space can be limited and will be even more so in the future. For urban living, therefore, it makes sense that our living spaces take on multiple functions. Tucking away what is not in use and creating efficient use of space is a common element many urban homes are adopting. For example, compact, built-in furniture features can help turn a living room into a bedroom or dining room. Perhaps suburban and even some rural homes will adopt some of these innovations as they give evidence of their cost effectiveness. Homebuyers may use urban designs to lower energy bills and the cost of building or remodeling a home. However, large homes will not disappear overnight and design will not change in most of the country until these slim urban concept designs prove their efficiency without sacrificing comfort.

Plants - Plants can help make a room more appealing and complete. In the future, plants may also be used to facilitate cleaner air in the home or to help clean waste water. Plants already can act like a carbon filter and help in taking gases such as carbon monoxide and formaldehyde out of the air.* Maybe start this today and get a spider plant which is reported to work on both of these gasses. Currently plants may also be used around the home to help slow chemicals from storm runoff, safely adsorbing chemicals and creating clean waste. In the future, as more ways to treat water through phytoremediation are developed, this technology may become more accessible and plants may take a greater role in helping remove toxins from the water coming in and out of our homes.

Sprinklers - Okay, so not as impressive as say wireless energy, but the new sprinkler systems are still pretty neat - and cost effective. New systems allow for thinking sprinkler systems that will water the lawn only as needed. Set to read the amount of rain already received - you won't see automated sprinklers on during a rainstorm again!

Customer Deposits

Illegitimate Revenue Stream for Banks?

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This month, for a change of pace, we are bringing you a LAWCHEK™ ALERT! from our partner and legal site Lawchek.com. This article reviews the questionable changes that have occurred relative to bank "holds" on customer deposits. These changes can effect everyone from the individual customer to the small business owner.

CUSTOMER DEPOSITS: ILLEGITIMATE REVENUE STREAM FOR BANKS?
Richard A. Pundt, Attorney at Law

For quite some time now, certain banks and other financial institutions may have been profiting from what some members of Congress are calling an illegitimate revenue stream, namely, the deposits of its' customers. Today, many banks will place “holds” on customer deposits. Such customer deposit “holds” are for ten business days and usually translate into a ½ month use of the funds deposited; In this way, banks are able to benefit from the interest on customer funds. This questionable practice has caused outrage by depositors and has ignited the concern of key members of Congress.

Congressman Michael Oxley (R-Ohio) has stated: “Holding a deposit to ensure its safety and soundness is reasonable. But holding a deposit in order to profit from the interest is completely unacceptable. The latter practice prevents consumers from realizing the benefits of their own assets, while creating an illegitimate revenue stream for financial institutions. It unfairly penalizes consumers and should be eliminated from the U.S. payment system.” 1

From an analysis in a report by Ms. Laura Bruce of www.Bankrate.com, it is revealed that there are many concerns relative to the new federal enactment of the Check 21 Act. "Check 21" allows the checks that individuals write to clear within one to two days while the deposit may be held by a bank for up to ½ month when weekends are added to the allowable ten day hold under “exceptional” circumstances of the FED Regulations. As a result, the consumer may get “nailed” for overdraft charges if the consumer was counting on the deposit and, in addition, the banks have been keeping the interest on the funds “held” through the deposit delay. Ms. Bruce also notes in her article 2 that Congresswoman Carolyn Maloney (D-New York) has introduced HR 5410 that would “…redress imbalances between the faster withdrawals permitted under the Check 21 Act and the slower rates for crediting deposits.”

Examples of bank customers delays due to the banks “hold” practices is very wide-spread and, undoubtedly, has accounted for hundreds of millions of dollars worth of profits for banks. Consumers, realtors, businessmen, and attorneys are becoming increasingly aware of these practices by the banks. This author has encountered quite a number of reported instances where consumers experienced an improper deposit delay or hold for an unreasonable period of time.

Of the many instances reported to this author, there are three that merit review in regard to the issue of deposit “holds.” The first instance involved a very well-respected attorney who deposited over $200,000 into his attorney trust account at a well-known bank and was verbally informed, after the deposit had been made, that there would be a ten business day “hold” on the deposit. He did not receive any written notice as prescribed by Federal Reserve Regulation CC (Availability of Funds and Collection of Checks, 12 CFR 229). This particular attorney had never over-drafted his account and has always maintained a sterling reputation with the Bar, as well as other attorneys. Moreover, the deposit consisted of checks from State Farm Mutual Ins. and John Deere Inc. The attorney directed a hand delivered correspondence to this well-known bank, wherein he requested an immediate removal of the “hold” or, in the alternative, an explanation as to whether the bank in question believed that checks from either State Farm Mutual Ins. or John Deere Inc. would not clear or if there was any improper activity by State Farm Mutual Ins. or John Deere Inc. in regard to: (a) any suspected criminal activity, (b) any suspected money laundering, (c) any suspected terrorist activity, or (d) any other improper activity that would mandate the holding of either check. Needless to say, the bank could not accuse either State Farm Mutual Ins. or John Deere Inc. of any such activity, yet the bank continued its “hold” on the deposit to the trust account from December 7, 2005 until December 20, 2005. The attorney has never received a written or an oral explanation, as he requested in writing, for the hold as prescribed by Federal Reserve Regulation CC (12 CFR 229).

The second instance involved a well-respected realtor who deposited between $200,000-$300,000, as a result of a closing, into his account at the aforementioned bank. He was unaware of any “hold” on the deposit. The realtor issued various checks, as customary, to: other financial institutions, the seller, realtors, an insurance company, taxing authorities, and others. When the bank in question refused to release its “hold,” the realtor’s checks bounced and a significant amount of distress and embarrassment was the result for all parties concerned, except, of course, the bank that profited in two ways: from the interest on the deposit and from the overdraft charges.

The third, but surely not final, instance involved a party who received a Cashier’s Check from a centrally located and well-known bank and, on the same day, deposited the Cashier’s Check into an account at a branch of the same bank. The branch placed a “hold” on its' own main bank’s Cashier’s Check. What is especially interesting about this case, other than the fact that it was the bank’s own Cashier’s Check, is the fact that under Federal Reserve Regulation CC (12 CFR 229), a Cashier’s Check, as well as a check drawn on an account held by the same institution, must be made available on the first business day following the day of deposit.

It would seem that compliance with Federal Reserve Regulation CC (12 CFR 229) is being ignored by several of the largest banks. According to the article by Ms. Bruce, as noted above, proposed legislation HR 5410 has been presented in Congress to benefit the consumer. The legislation is being introduced in order to counter the Check 21 Act that allows the checks written by consumers to clear faster than the actual deposits made at the banks. It is noted in the article that Representatives from Wells Fargo Bank and Wachovia Bank have stated that their banks place holds on less than one percent of all deposits. If one were to consider the dollar magnitude of that one percent, especially if such deposits are for more than $5,000, a substantial windfall of interest profits are the likely result for the banks placing the “hold.” Perhaps the one percent accounts for hundreds of thousands of deposits each day and, if the average dollar amount of such deposit is $10,000 (most likely it is much more), the money on hold by the large banks at any one time would be in the hundreds of millions of dollars for which the banks gain interest on consumers assets, as noted by Congressman Oxley.

Under the Federal Reserve Regulation CC (12 CFR 229), it is mandated that interest should be paid to the consumer (See Regulation CC (12 CFR 229.14)). It is, therefore, understandable why Congressman Oxley has stated that such practice by the banks “…prevents consumers from realizing the benefits of their own assets, while creating an illegitimate revenue stream for financial institutions."

Under Federal Reserve Regulation CC (12 CFR 229), the following deposits must be made available on the first business day following the banking day of deposit: (1) Cash, (2) Electronic Payments, (3) U.S. Treasury Checks, (4) U. S. Postal Service Money Orders, (5) Federal Reserve Bank and Federal Home Loan Bank Checks, (6) State or Local Government Checks, (7) Cashier’s, Certified or Teller’s Checks, (8) Checks drawn on an account held by the same institution upon which the check is drawn, and (9) the first $100, or if less than $100 the entire amount, of all other checks. In the case of the individual who had deposited a Cashier’s Check into an account that was held by the same bank upon which it was drawn, both subsection 7 and subsection 8, as noted above, were ignored.

On other deposits that are not listed above, including the proceeds of local and non-local checks, the checks must generally be made available for withdrawal by the second and fifth business day respectfully following the deposit (See Regulation CC (12 CFR 229.12)). In the case of the attorney, and in the case of the realtor, as noted above, if the deposited checks were local, the deposit should have been credited within two days, and if the checks were non-local, the checks should have been credited within five days. There should not have been an arbitrary hold for ten business days or a ½ month total hold on the deposits.

However, there are exceptions set forth under Regulation CC (12 CFR 229.13), and those exceptions involve: new accounts,3 large deposits, repeatedly overdrawn accounts, or emergency conditions. The only exception of the above examples involving the attorney or the realtor, as given, would be the exception of a large deposit since our investigation ruled out any other scenario. In the case of large deposits, the bank must provide a notice to the consumer (See Regulation CC (12 CFR 229.13)), and that notice must be in writing (See Regulation CC (12 CFR 229.15), (12 CFR 229.16), (12 CFR 229.17) and (12 CFR 229.18)). Additionally, and under Regulation CC (12 CFR 229.14), interest must be paid on interest bearing accounts no later than the day the bank receives credit for the funds deposited.

It would appear that certain banks may be circumventing the requirements of Federal Reserve Regulation CC (12 CFR 229), and that is undoubtedly one of the reasons that Congressman Oxley has expressed concern, and why Congresswoman Maloney is reintroducing HR 5410. As a practical matter, most customers drop the issue once they actually receive their funds, which have been held by the bank, because they wish to maintain a good standing relationship with the bank. So does that mean that nothing can be done? The answer is no. Something can be done, but it requires positive action by the customer.

First, the customer may file a complaint with the Federal Reserve at: The Board of Governors of the Federal Reserve System, Division of Consumer and Community Affairs at 20th and C Streets, N.W., Stop 801, Washington, DC 20551. Additionally, the consumer may file a complaint with the respective State Banking Commissioner in the state where the violation occurs. Also, contacting the proper parties within Congress, such as Congressman Michael Oxley (R-Ohio) or Congresswoman Carolyn Maloney (D-New York).

Finally, there is a civil remedy expressly set forth under Federal Reserve Regulation CC (12 CFR 229.21). The civil remedy allows for both individual and class actions. See Regulation 12 CFR 229.21 (a) (2) (i) and (ii). The statute provides a limitation on class actions that includes actual damages up to $500,000 or 1% of the net worth of the bank involved (the lesser of the two) plus costs and attorney fees.