Tom Lynch, the founder of the Society of Professional Locksmiths, copied me on an email he had sent to his state representative, Assemblywoman Ellen Jaffee, recommending she read my investigative report, Accurate Answers?, as well as the summary of the report detailed in my February 7 posting.
Locksmiths in NY are currently fighting more regulation purported to combat criminals posing as locksmiths. However, more regulation of law-abiding locksmiths does not stop criminal activity. Only by enforcing existing fraud laws can criminal activity be lessened. Following is Lynch’s email.
DO NOT PASS Locksmith Licensing Act 2011 A985
Dear Assemblywoman Jaffee,
Please take a moment to review an investigation conducted by award winning investigative news journalist Barbara Haiss Martin of "The Locksmith Investigator" news blog of Altamonte Springs, FL.
Summary: An investigation was conducted regarding the call for licensing locksmiths within the state of Florida and the claims being made for the justification. The claims turned out to be falsely presented to lawmakers in order to present an urgent need for regulation. Florida ultimately did not pass the bill as a result.
The same misleading activity is being conducted here in New York and elsewhere by individuals who represent a minority within the global community of locksmiths who do not speak for the entire industry. These same individuals have an "ends" agenda centered more around financial gain in the form of forced proprietary education programs, restriction of trade, elimination of competition and the smaller Mom & Pops operations, then it does consumer safety or protection.
The attempts to create hysteria by using the issue of criminals "posing" as locksmiths to force regulation upon the hardworking Mom & Pops is unjustified. New York State,as in Florida and elsewhere lack the sufficient data to support the claims being presented and it would be an unfair penalty against the Mom & Pops who have conducted themselves ethically.
The ancillary costs associated with the passage of such a regulation which is not being considered will cause great harm to an industry which has conducted itself honorably. Existing laws are in place for New York to address criminals abusing the public trust and should be enforced.
Reference: The Locksmith Investigator
Articles - April 6th through February 7th 2011
Please note both the May 24th & particularly the 25th where I am quoted as to "The Fabric of the (Locksmith) Industry"
http://locksmithinvestigator.blogspot.com/
cc: NYS Assembly
--
Tom Lynch, CRL
Director of Operations
P.O. Box 87
Sparkill, N.Y. 10976
845-445-8238
www.sopl.us
www.securitytechnicalinstitute.com
Tuesday, April 5, 2011
Monday, February 7, 2011
Wall Street Journal reporter looks at how regulations effect job growth
Reporter Stephanie Simon with the Wall Street Journal has written an excellent article entitled "A License to Shampoo: Jobs Needing State Approval Rise" about regulation of occupations and the reasoning or lack of reasoning behind it. It's a fascinating look at what is happening around the country and is worth the read. Click on the name of the article to link to the story.
I did post the following comment on the site:
Excellent, well-research, well-balanced, well-written article. I especially liked how Stephanie Simon exposed how many actual complaints there were in an industry that proponents of regulation would have had to lie about or fail to mention to get their regulation passed. Last May, I wrote 3-part investigative report for my blog on how a national locksmith association working with one small local locksmith association attempted (and failed) to get a locksmith law passed in Florida. The point man for the local association was none other than the former president of the national association, a fact he failed to mention to lawmakers. The group exaggerated their importance and influence in the locksmith industry, over-stated the scammer problem in Florida by giving legislators a booklet of 200 “locksmith misconduct” news articles without mentioning that only 4 actual stories were from Florida and none about professional locksmiths, besmirched the character of hard-working locksmiths by not distinguishing between the professional locksmiths and the call-center owners who were dispatching scammer “locksmiths” and they did not mention what practically eliminated the scammer problem before the legislative session began. Attorney Generals around the country began using existing consumer protection laws to arrest the call-center owners. One AG reached into Florida and snatched out one of the largest owners in the country, David Peer, effectively shutting down a nationwide operation. Peer is still sitting in a jail in Missouri. So what was behind this whole locksmith legislation push (besides stifling competition), not only in Florida, but also in other states? While on one hand proponents kept screaming “consumer safety” attempting to get lawmakers to pass the bill “to protect the public,” what the other hand had done was write the legislation to include expensive and unnecessary initial and continuing education and training that, oops! the national association just happened to sell. Fortunately, we now have an anti-regulation Governor in Florida. To read the full investigative report, Google the words “Locksmith Investigator” and look for the series “Accurate Answers?” starting on May 24, 2010. Again, kudos to Stephanie Simon for a balanced and in-depth article that looked at occupational regulations and the reasoning (or lack of reasoning) behind it.
I did post the following comment on the site:
Excellent, well-research, well-balanced, well-written article. I especially liked how Stephanie Simon exposed how many actual complaints there were in an industry that proponents of regulation would have had to lie about or fail to mention to get their regulation passed. Last May, I wrote 3-part investigative report for my blog on how a national locksmith association working with one small local locksmith association attempted (and failed) to get a locksmith law passed in Florida. The point man for the local association was none other than the former president of the national association, a fact he failed to mention to lawmakers. The group exaggerated their importance and influence in the locksmith industry, over-stated the scammer problem in Florida by giving legislators a booklet of 200 “locksmith misconduct” news articles without mentioning that only 4 actual stories were from Florida and none about professional locksmiths, besmirched the character of hard-working locksmiths by not distinguishing between the professional locksmiths and the call-center owners who were dispatching scammer “locksmiths” and they did not mention what practically eliminated the scammer problem before the legislative session began. Attorney Generals around the country began using existing consumer protection laws to arrest the call-center owners. One AG reached into Florida and snatched out one of the largest owners in the country, David Peer, effectively shutting down a nationwide operation. Peer is still sitting in a jail in Missouri. So what was behind this whole locksmith legislation push (besides stifling competition), not only in Florida, but also in other states? While on one hand proponents kept screaming “consumer safety” attempting to get lawmakers to pass the bill “to protect the public,” what the other hand had done was write the legislation to include expensive and unnecessary initial and continuing education and training that, oops! the national association just happened to sell. Fortunately, we now have an anti-regulation Governor in Florida. To read the full investigative report, Google the words “Locksmith Investigator” and look for the series “Accurate Answers?” starting on May 24, 2010. Again, kudos to Stephanie Simon for a balanced and in-depth article that looked at occupational regulations and the reasoning (or lack of reasoning) behind it.
Friday, October 22, 2010
The Locksmith Investigator blog wins award
Congratulations on being one of Top Physical Security Blogs. Your blog was a great resource that not only kept your readers up to date, but provided vital information for keeping their homestead safe. Just by blogging, not only have you raised awareness for those interested, but also provided a place to go for answers when looking to ensure the safety of their family.
Thank you to the people at HomeSecuritySystems.net and Bestoftheblogs.org. We appreciate the honor.
Barbara Martin and Carol Leff, Editor
Tuesday, September 21, 2010
Conclusions and suggestions for locksmiths
The time for locksmiths to become involved, stay informed and unite against any attempt to license them is now. The effort to stay free from licensing will require infinitely less effort than complying with all the licensing rules should another attempt be successful. But if locksmiths can show they are alert, united and working to solve problems within their industry, any future assault to licensing will be lessened.
Here are some suggestions:
1. Continue to strengthen networks - socialize, stay in contact with other locksmiths. Build a database of all the locksmiths in you county or city and get to know each other.
2. Continue to stay vigilant against any assault to your economic freedoms or attempts to enslave you to continual taxes, fees or unnecessary training.
3. If not in an association, join one or start one in your local area.
4. This is a biggie: Do NOT vote for leaders in local associations who are in favor of locksmith legislation. To do anything else is unwise.
5. Educate the public wherever you go about genuine locksmithing, your business and your association. Associations could print cards or fliers for members to hand out. Educating the public that all businesses are already required to display their business tax ID or occupational license (at least it’s true in Florida) and to ask to see it is important. “Locksmiths” who refuse to answer simple identity questions are hiding the fact that they are not locksmiths. They don’t want their victims to know who they are or how to contact them.
6. Educate your representatives during their campaign events or visit them in their district offices. Develop an “elevator speech” whereby you can state your opinion briefly and clearly. Provide them with information they can read later. Find out how local representatives can strengthen anti-fraud laws by requiring all businesses (including locksmiths) to give a written estimate for work over a certain amount of money. Also, emphasize that the state has to take a stronger stand in educating the public.
7. Visit your local news media to educate them about your association and what your members are doing to thwart the scammer issue. Ask for the local association to be listed as a news source for local locksmith stories. Associations should develop a list of items reporters can use to correctly discern whether the person showing up for a lockout job is a scammer or a genuine locksmith and post it on their website. Emphasize that scammers are not locksmiths and ask them to please put quotes around the word “locksmith” when writing about them. At newspapers, speak to the Managing Editors. At television stations ask for the Assignment Desk Manager. Leave information.
8. Work together and find ways to legally stop scammers that are working in your call areas. They are not too hard to find if you need a lock job done.
Here’s what I did recently concerning another industry and it may be something 2 or 3 locksmiths can do together:
Recently, I got tired of the annoying phone calls by a bogus “survey” company trying to set up appointments for an “educational” home energy audit. Energy Conservation Group was the new name they were using this month and as usual, was not listed as a valid company with the State of Florida. The callers wouldn’t give me their address or any other information. I did the only thing I could. I went on the offensive and booked an appointment.
When the representative got to my house, I asked for ID and he gave me an ID from Energy Labs – name, picture, phone number. No address. While my husband distracted him by showing him our hot water heater in the utility room, I rifled through the notebook he left on the coffee table and got the name of the actual company behind the scheme and checked it and Energy Labs online.
Now the only thing I had to do in order to report the company to the consumer protection agency for violating telemarketing laws was to listen to his spiel. Was he really here just to conduct an energy audit and educate me as the telemarketer said or would he put on the hard-sell? For the next few minutes I listened to him talk about the benefits of his product, but challenged him on every point about his company’s credibility or why he was truly there.
“Our company’s been in business 27 years…”
“Really? Energy Labs is not even a valid company in the State of Florida.”
“Oh, well, Energy Labs is just the manufacturer. Solar First has been in business for 27 years.”
“Really? The State says it was first incorporated in 2008.”
He ignored my remarks and continued with his hard sell explaining to me the easy financing and how I would save $90+ a month in energy costs. It will only cost me a payment of $135 a month – but I’d be saving energy!
“Well, if you buy the $13,000 solar hot water heater you get all these tax credits, plus, you get your attic insulated for free – a $1,500 value.”
“Really? I just checked with Lowe’s and it’s only $200 if I do the insulation work myself using their machine. Besides, I thought you were just here to educate me. I didn’t know you would actually try to sell me something. I have to think about all this.”
“Of course, we’re here to educate you,” he said as he handed me two energy solution tip sheets. “We only sell to people who want to be sold.”
The persistent rep continued to try to sell me and finally gave up only after I told him I scheduled the appointment under false pretenses to find out who he really worked for and that I wasn’t buying or financing anything. The only thing I forgot to do as he left was to walk him out to his car and get his tag number.
Locksmith networks in each community could go on the offensive together as well. Call the scammer numbers and schedule a lock job. Ask for ID when they get there. Wait to see if they pull out the only “locksmith” tool they have – a drill. Remember the purpose of the call is to gather information (car tags, photos, etc.) to turn into consumer protection agencies or local law enforcement agencies. Just be sure not to get physical. Local locksmith associations can also post the results of their “stings” on their websites with photos of the perpetrators (check with legal counsel first). I’ll tell you how it works out with the “telemarketing sting” I conducted.
In summary, locksmiths must continue to inform and strengthen their networks, must go on the offensive with scammers, must make contact with their representatives and must stay alert to the next assault on their freedom.
Update: The Department of Agriculture and Consumer Services and local police fraud agencies are investigating this group. The company keeps calling me using various names (Power Saver Association, National Electric Advisors, etc.). I make appointments every time, but they refuse to come out. Apparently, I’m blacklisted. Since they won’t come out to my house but continue calling me, now I explain to the “survey taker” what I’ve found as an investigative journalist. The company is using unethical business practices and they need to find another job. Since if their employer requires them to lie and cheat to get into people’s homes, they will lie to and cheat them. In addition, God will hold them responsible as if they did the wrong deeds themselves.
Here are some suggestions:
1. Continue to strengthen networks - socialize, stay in contact with other locksmiths. Build a database of all the locksmiths in you county or city and get to know each other.
2. Continue to stay vigilant against any assault to your economic freedoms or attempts to enslave you to continual taxes, fees or unnecessary training.
3. If not in an association, join one or start one in your local area.
4. This is a biggie: Do NOT vote for leaders in local associations who are in favor of locksmith legislation. To do anything else is unwise.
5. Educate the public wherever you go about genuine locksmithing, your business and your association. Associations could print cards or fliers for members to hand out. Educating the public that all businesses are already required to display their business tax ID or occupational license (at least it’s true in Florida) and to ask to see it is important. “Locksmiths” who refuse to answer simple identity questions are hiding the fact that they are not locksmiths. They don’t want their victims to know who they are or how to contact them.
6. Educate your representatives during their campaign events or visit them in their district offices. Develop an “elevator speech” whereby you can state your opinion briefly and clearly. Provide them with information they can read later. Find out how local representatives can strengthen anti-fraud laws by requiring all businesses (including locksmiths) to give a written estimate for work over a certain amount of money. Also, emphasize that the state has to take a stronger stand in educating the public.
7. Visit your local news media to educate them about your association and what your members are doing to thwart the scammer issue. Ask for the local association to be listed as a news source for local locksmith stories. Associations should develop a list of items reporters can use to correctly discern whether the person showing up for a lockout job is a scammer or a genuine locksmith and post it on their website. Emphasize that scammers are not locksmiths and ask them to please put quotes around the word “locksmith” when writing about them. At newspapers, speak to the Managing Editors. At television stations ask for the Assignment Desk Manager. Leave information.
8. Work together and find ways to legally stop scammers that are working in your call areas. They are not too hard to find if you need a lock job done.
Here’s what I did recently concerning another industry and it may be something 2 or 3 locksmiths can do together:
Recently, I got tired of the annoying phone calls by a bogus “survey” company trying to set up appointments for an “educational” home energy audit. Energy Conservation Group was the new name they were using this month and as usual, was not listed as a valid company with the State of Florida. The callers wouldn’t give me their address or any other information. I did the only thing I could. I went on the offensive and booked an appointment.
When the representative got to my house, I asked for ID and he gave me an ID from Energy Labs – name, picture, phone number. No address. While my husband distracted him by showing him our hot water heater in the utility room, I rifled through the notebook he left on the coffee table and got the name of the actual company behind the scheme and checked it and Energy Labs online.
Now the only thing I had to do in order to report the company to the consumer protection agency for violating telemarketing laws was to listen to his spiel. Was he really here just to conduct an energy audit and educate me as the telemarketer said or would he put on the hard-sell? For the next few minutes I listened to him talk about the benefits of his product, but challenged him on every point about his company’s credibility or why he was truly there.
“Our company’s been in business 27 years…”
“Really? Energy Labs is not even a valid company in the State of Florida.”
“Oh, well, Energy Labs is just the manufacturer. Solar First has been in business for 27 years.”
“Really? The State says it was first incorporated in 2008.”
He ignored my remarks and continued with his hard sell explaining to me the easy financing and how I would save $90+ a month in energy costs. It will only cost me a payment of $135 a month – but I’d be saving energy!
“Well, if you buy the $13,000 solar hot water heater you get all these tax credits, plus, you get your attic insulated for free – a $1,500 value.”
“Really? I just checked with Lowe’s and it’s only $200 if I do the insulation work myself using their machine. Besides, I thought you were just here to educate me. I didn’t know you would actually try to sell me something. I have to think about all this.”
“Of course, we’re here to educate you,” he said as he handed me two energy solution tip sheets. “We only sell to people who want to be sold.”
The persistent rep continued to try to sell me and finally gave up only after I told him I scheduled the appointment under false pretenses to find out who he really worked for and that I wasn’t buying or financing anything. The only thing I forgot to do as he left was to walk him out to his car and get his tag number.
Locksmith networks in each community could go on the offensive together as well. Call the scammer numbers and schedule a lock job. Ask for ID when they get there. Wait to see if they pull out the only “locksmith” tool they have – a drill. Remember the purpose of the call is to gather information (car tags, photos, etc.) to turn into consumer protection agencies or local law enforcement agencies. Just be sure not to get physical. Local locksmith associations can also post the results of their “stings” on their websites with photos of the perpetrators (check with legal counsel first). I’ll tell you how it works out with the “telemarketing sting” I conducted.
In summary, locksmiths must continue to inform and strengthen their networks, must go on the offensive with scammers, must make contact with their representatives and must stay alert to the next assault on their freedom.
Update: The Department of Agriculture and Consumer Services and local police fraud agencies are investigating this group. The company keeps calling me using various names (Power Saver Association, National Electric Advisors, etc.). I make appointments every time, but they refuse to come out. Apparently, I’m blacklisted. Since they won’t come out to my house but continue calling me, now I explain to the “survey taker” what I’ve found as an investigative journalist. The company is using unethical business practices and they need to find another job. Since if their employer requires them to lie and cheat to get into people’s homes, they will lie to and cheat them. In addition, God will hold them responsible as if they did the wrong deeds themselves.
Monday, September 20, 2010
Summer's over, back to work
Well, it’s been interesting having the summer off instead of just the two weeks I had planned. I really did have some conclusions to that big investigative story I had written, but when I submitted the article to my editor, Carol, it wasn’t pretty.
“Call me right away before you post anything,” was the urgent message she’d left on my voice mail.
I had written conclusions for both ALOA (Associated Locksmiths of America) and for locksmiths in general. Carol felt the ALOA conclusions I wrote could be potentially libelous. Okay, so I guess I really didn’t have to state the obvious – that some of them can be a bunch of stinkers and maybe their members should consider voting them out of both the local and national organizations. Since the investigation was so well-documented, I believe it spoke for itself.
Instead of taking the time then to rewrite the conclusions article, I put it aside and did some ghost writing for my former publisher, David. After all, he did drive in from out-of-state and sit right in my office. Gotta take care of what’s in right front of me. I’d get back to the conclusion article soon enough, I thought.
The summer was busier than I expected and getting back to it just wasn’t that easy. Vacations, helping both sons move – one to Colorado to go to college, the other to another town closer to hubby and I, then the sad, but not unexpected passing of Will Leff, Carol’s husband of 52 years. We all needed some time off especially Carol. She’s in Colorado to visit family, friends and my son, and I promised to behave while she’s gone.
Tomorrow, I’ll post my revised conclusions article.
“Call me right away before you post anything,” was the urgent message she’d left on my voice mail.
I had written conclusions for both ALOA (Associated Locksmiths of America) and for locksmiths in general. Carol felt the ALOA conclusions I wrote could be potentially libelous. Okay, so I guess I really didn’t have to state the obvious – that some of them can be a bunch of stinkers and maybe their members should consider voting them out of both the local and national organizations. Since the investigation was so well-documented, I believe it spoke for itself.
Instead of taking the time then to rewrite the conclusions article, I put it aside and did some ghost writing for my former publisher, David. After all, he did drive in from out-of-state and sit right in my office. Gotta take care of what’s in right front of me. I’d get back to the conclusion article soon enough, I thought.
The summer was busier than I expected and getting back to it just wasn’t that easy. Vacations, helping both sons move – one to Colorado to go to college, the other to another town closer to hubby and I, then the sad, but not unexpected passing of Will Leff, Carol’s husband of 52 years. We all needed some time off especially Carol. She’s in Colorado to visit family, friends and my son, and I promised to behave while she’s gone.
Tomorrow, I’ll post my revised conclusions article.
Thursday, May 27, 2010
Accurate answers? Part 3: Neglected facts and mischaracterizations lead to wrong conclusions
Neglected Facts by FWCLA and ALOA:
How locksmiths are trained.
Florida locksmiths are professionally trained. Check out FWCLA’s website. Their website touts “Florida West Coast Locksmith Association is all about education.” They have trainings scheduled every month as do other associations. Strange how they didn’t mention that, but then it looks like only the Associated Locksmiths Of America (ALOA) answered this question.
Locksmiths regularly receive training through local associations and locksmith suppliers who bring in safe, lock, equipment, tool and software manufacturers and vendors to certify locksmiths on their products. Locksmiths train to make their jobs easier, expand their services therefore gaining more business and service their customers better. They have file drawers of certificates and storefronts, warehouses, storage sheds and vans crammed with product and equipment to prove it. New locksmiths learn from long-time locksmiths and supplement their training at locksmith schools either online, distance learning, video or CD classes or attend classes at conventions or seminars. Most locksmiths feel it is not appropriate to be burdened with costly regulations and mandatory and continuing education. At an estimated $50 a credit hour, SB 658 is requiring 16 credit hours or an $800 burden on already professionally-trained locksmiths. Mandatory training of trained locksmiths will not stop the criminal element – only enforcement of current anti-fraud laws will do that.
Locksmiths certifying themselves?
When I interviewed Senate analyst Mandy O’Callaghan she said she had some concerns about whether or not the locksmiths were certifying themselves. She said she asked FWCLA lobbyist Janet Mabry about who would be doing the training and was told it would be the locksmith/employers or a major locksmith employer who would be providing the training.
Okay, so maybe Mabry just didn’t know what was going on in the locksmith industry. It’s possible. Maybe she was confused -- after all this is the lobbyist who every time she was asked at a committee meeting who she represented or every time she introduced herself or signed an appearance card, she couldn’t even get her client’s name right. She always said she was representing “Florida locksmiths” or “the Locksmith Association” instead of the Florida West Coast Locksmith Association. The first time I noticed it, I thought it was just a mistake, but after hearing or seeing the same faux pas on every committee video or tape recording, I began to wonder – was it intentional or is she really confused? Maybe overstating whom they represent is a normal “fib” for a lobbyist – I don’t know.
I explained to O’Callaghan that a large chain like Pop-A-Lock, that had their own training center, may be certifying their employees, but most locksmith businesses are a one- or two-person businesses and they do not certify themselves.
Questions 10 & 11 combined
What is the cost of regulation, including indirect cost to consumers and the method proposed to finance the regulation? (Question 11 addresses the cost to locksmiths and FWCLA and ALOA gave the same answer to both questions.)
Answer: ALOA and FWCLA state that the cost depends upon how many the state feels it can license plus the cost of administering the license. They list $500 (Illinois) every two years to $100 (N.C.) every year. They point out that it is less than $1 a day to maintain a license.
Not completely accurate
FWCLA and ALOA failed to address:
The cost to the professional locksmith would be significant as it includes licensing fees, mandatory and continuing education, as well as the cost to maintain and store records on customers and employees. All these costs would have to be passed on the public.
Question 12
Provide any previous efforts in this state to implement regulation of the profession or occupation?
Answer: FWCLA and ALOA state that Dade County had a locksmith licensing ordinance.
Inaccurate: Dade County has an existing locksmith licensing ordinance and it’s been operating well since 1995. FWCLA and ALOA did provide a link to Dade County’s ordinance in their answer, so it may have been a typo. Dade County’s ordinance does not, however, burden the locksmith with mandatory and continuing education. Miami locksmiths, who pay $600 every two years for a license, verified that the locksmith suppliers in the area invite vendors on a regular basis to provide certified training programs.
Question 13
Provide any other information the committee may consider relevant to the analysis of the proposed legislation?
Answer: FWCLA and ALOA state that “many consumers falsely believe that all locksmiths have had a background check and have some proficiency in their trade. There is no way to evaluate this unless locksmiths show that they have a license. With the advent of ‘Phony locksmiths’ defrauding and overcharging the public all over the country, the public is demanding that something be done.” The legislators are then directed to the ALOA’s website page with the 201 “locksmith” stories.
Inaccuracy #1: FWCLA and ALOA did not cite their documentation that determined what consumers do or don’t believe. Florida consumers can rightly believe that professional locksmiths are proficient because they are professionally trained and they actively acquire skills and training to enhance their service and livelihood. Consumers also are likely to presume that any professional trades person would be proficient in their trade. We assume, for example, that car mechanics are proficient in what they do. Most pay for their own schooling and training. Some of them get certified on particular cars or systems as locksmiths can get trained on specific locks and systems. But car mechanics are not required to be licensed or required to take continuing education classes and neither should locksmiths.
Inaccuracy #2: There is an evaluator. The marketplace is the evaluator. It evaluates car mechanics and professional locksmiths alike. Those who don’t measure up lose clients and eventually go out of business. With the advent of the Internet, consumers can go to government or association sites to assure themselves that they are calling a legitimate locksmith.
Inaccuracy #3: Apparently, the “public demand for something to be done” is not very high as locksmith scams are not even listed as one of the top 83 scams on the State’s consumer protection website administered by State Attorney General Bill McCollum.
McCollum’s office lists only one current “locksmith” investigation on its website and it’s for David Peer’s call center. Peer’s already sitting in a Missouri jail cell as that state’s Attorney General sent the U.S. Marshals after him for fraudulent crimes against Missouri residents and mail fraud.
According to Rachel Slone, media contact for McCollum’s office, there have been 62 “locksmith-related” crimes in Florida in the last 3 years or an average of 21 per year.
Slone said, “We have one active ongoing investigation and several of these complaints relate to this active case.” She said that she could not reveal the name of the person in the active case since the person was unaware of the investigation. When asked if they were locksmiths or those posing as locksmiths, Slone said, “We won’t know until we complete the investigation.” (See link below.)
According to Sonya Perez, the media contact for the Miami-Dade Consumer Services Department, where a locksmith licensing ordinance has been the law since 1995, there were 31 complaints against locksmiths in the last 3 years or an average of 10 per year. Perez, however, could not state how many complaints were against any of Miami-Dade’s 450+ registered locksmiths and how many complaints were against those posing as locksmiths.
According to Judy Pepper, President of the Better Business Bureau of Central Florida, there were five complaints against locksmiths in 2009 in Central Florida with a total of 81 throughout the state. South East Florida counties had the highest number of incidents with 53. Unknown is whether they were locksmith complaints or “locksmith” scammer complaints.
According to Terrance McElroy, spokesman with the State Department of Agriculture & Consumer Services, the department did not have a lot of complaints against locksmiths in 2009. He said it would be difficult to pull out specific data due to the way they input and track their information. Once it becomes a frequent complaint, they categorize it. Locksmith complaints have not been categorized.
“I don’t think we’ve had an excessive number of complaints,” McElroy said.
Totals from these agencies for 2009 for the whole state
21 Attorney General’s Office
10 Miami-Dade Consumer Services
81 Better Business Bureau
? Dept. of Agriculture & Consumer Services
– too small to categorize
4 Newspaper articles
How many of all these 116 reported incidents are duplicated to more than one agency is unknown. Let’s assume for arguments sake that 50% are against professional locksmiths – that figure would be less than 60 complaints in the entire state. I personally think these are mostly “locksmith” scammer complaints.
I did begin checking counties on Florida’s west coast when I heard a television reporter state in a news report that there were hundreds of locksmith complaints. The four agencies he listed were the Better Business Bureau, the Dept. of Agriculture & Consumer Services and both Hillsborough and Pinellas counties’ consumer protection agencies.
Pinellas County has the information online and there were 5 complaints all against David Peer. In Hillsborough County, there were 2 complaints (1 against Peer) in 2009. Apparently, the reporter’s figures don’t line up or, under time constraints, he may have relied upon the west coast locksmiths he interviewed to answer truthfully.
Question 14
Name of the person(s) completing this questionnaire and the entity or interested party that he or she represents.
Signed by:
Ken Kupferman, CML, Florida West Coast Locksmith Association
Tim McMullen, ALOA.
Accurate if you don’t count the omissions: Kupferman served as the President of ALOA from 2007 – 2009 and was on the ALOA board for the previous 6 years. Strange he didn’t mention that in the questionnaire or on his appearance cards or in person when he either testified before the committee hearings or showed up to speak.
FWCLA, by the way, was listed as an ALOA Affiliate on ALOA’s website in 2003, but dropped that designation somewhere along the line -- maybe as they began to get more politically involved.
McMullen is the Legislative Manager for ALOA
According to a State of the Association article in the July 2009 Keynotes magazine (page 33), “. . . ALOA played a proactive role in locksmith legislation by providing assistance with the passage of locksmith licensing and related bills in Alabama, California, Maryland and Virginia; monitoring and assisting with the process of introducing locksmith licensing bills in Florida, Georgia, Hawaii, Rhode Island. . . “
From what I could discern ALOA answered all 14 questions and I‘m crediting FWCLA with 7 answers, although it may not be that high and of those, 3 were inaccurate or distorted the facts. At least 6 of ALOA’s answers either neglected to tell the full story or were complete mischaracterizations and some had multiple inaccuracies.
I don’t know what “assisting with the process of introducing locksmith licensing bills in Florida” means to ALOA, but it appears to be more than just assisting especially when both people signing the questionnaire are leaders in ALOA.
Obviously, there is only one interested party in this questionnaire, only one group seeking to regulate Florida locksmiths – ALOA.
Next post (which may be next week):
I’ll be drawing some conclusions on this situation plus sharing how one locksmith almost single-handedly stopped locksmith legislation in his state by educating his fellow locksmiths what that law would actually cost them. Hope to have these two written the beginning of the week. Then I take two weeks off – to continue writing my former publisher’s memoirs. Then I’ll be back at it. Finally, thank you to all those that wrote such kinds words to me about the work I’m doing. I appreciate it.
DOCUMENTATION
Associations – check out the associations’ education (training) pages or notices
Central Florida Locksmith Association www.cflalocksmith.org First Coast Locksmith Association www.fcla.net
Florida West Coast Locksmith Association www.fwcla.org
FWCLA listed on ALOA’s June 2003 website as an affiliate:
http://web.archive.org/web/20030206051953/http://www.aloa.org/about/chapter.htm#aloa
Associated Locksmiths of America www.aloa.org
ALOA’s locksmith listings www.findalocksmith.com
Podcast of March 3, 2010 – Agriculture & Natural Resources Committee (Video is no longer archived but audio is in the form of a podcast)
www.myfloridahouse.gov/Sections/PodCasts/PodCasts.aspx Scroll down to the Committee’s March 3 podcast. You can also scroll down to the March 22 podcast of the Public Safety & Domestic Security Policy Committee and hear Mabry say she represents Florida Locksmiths..
Janet Mabry’s appearance sign in
www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&CommitteeId=2470&Session=2010&DocumentType=Action Packets&FileName=ANRPC_ACTN_3_3_2010.pdf
This link is very long, so go to www.myfloridahouse.gov, then select committees and scroll down to “General Government Policy Council.” From there select the Agriculture & Natural Resources Policy Committee. Once on their page, select “All Council and Committee Documents” from the Committee Document section and select the March 3rd Action Packet. Page 5 lists Janet Mabry signing in as a lobbyist for Florida Locksmith Association.
Miami-Dade’s Locksmith Ordinance
www.miamidade.gov/csd/locksmith_ordinance.asp
Consumers can file or check out complaints at the following links:
County level - Most counties have a Consumer Protection Ordinance and agency that
handles complaints. Go to the local county page and look for the link.
Also, go to local police or sheriff’s office.
State level -
Department of Agriculture & Consumer Services
www.800helpfla.com/complnt.html
Office of the Attorney General of Florida
http://myfloridalegal.com/
To check out current investigations, go to: http://myfloridalegal.com/lit_ec.nsf/investigations, click on the “Search Active Investigations” link on top of the column of investigations. Type in the word “Locksmith” and see David Peer’s investigation show up.
How locksmiths are trained.
Florida locksmiths are professionally trained. Check out FWCLA’s website. Their website touts “Florida West Coast Locksmith Association is all about education.” They have trainings scheduled every month as do other associations. Strange how they didn’t mention that, but then it looks like only the Associated Locksmiths Of America (ALOA) answered this question.
Locksmiths regularly receive training through local associations and locksmith suppliers who bring in safe, lock, equipment, tool and software manufacturers and vendors to certify locksmiths on their products. Locksmiths train to make their jobs easier, expand their services therefore gaining more business and service their customers better. They have file drawers of certificates and storefronts, warehouses, storage sheds and vans crammed with product and equipment to prove it. New locksmiths learn from long-time locksmiths and supplement their training at locksmith schools either online, distance learning, video or CD classes or attend classes at conventions or seminars. Most locksmiths feel it is not appropriate to be burdened with costly regulations and mandatory and continuing education. At an estimated $50 a credit hour, SB 658 is requiring 16 credit hours or an $800 burden on already professionally-trained locksmiths. Mandatory training of trained locksmiths will not stop the criminal element – only enforcement of current anti-fraud laws will do that.
Locksmiths certifying themselves?
When I interviewed Senate analyst Mandy O’Callaghan she said she had some concerns about whether or not the locksmiths were certifying themselves. She said she asked FWCLA lobbyist Janet Mabry about who would be doing the training and was told it would be the locksmith/employers or a major locksmith employer who would be providing the training.
Okay, so maybe Mabry just didn’t know what was going on in the locksmith industry. It’s possible. Maybe she was confused -- after all this is the lobbyist who every time she was asked at a committee meeting who she represented or every time she introduced herself or signed an appearance card, she couldn’t even get her client’s name right. She always said she was representing “Florida locksmiths” or “the Locksmith Association” instead of the Florida West Coast Locksmith Association. The first time I noticed it, I thought it was just a mistake, but after hearing or seeing the same faux pas on every committee video or tape recording, I began to wonder – was it intentional or is she really confused? Maybe overstating whom they represent is a normal “fib” for a lobbyist – I don’t know.
I explained to O’Callaghan that a large chain like Pop-A-Lock, that had their own training center, may be certifying their employees, but most locksmith businesses are a one- or two-person businesses and they do not certify themselves.
Questions 10 & 11 combined
What is the cost of regulation, including indirect cost to consumers and the method proposed to finance the regulation? (Question 11 addresses the cost to locksmiths and FWCLA and ALOA gave the same answer to both questions.)
Answer: ALOA and FWCLA state that the cost depends upon how many the state feels it can license plus the cost of administering the license. They list $500 (Illinois) every two years to $100 (N.C.) every year. They point out that it is less than $1 a day to maintain a license.
Not completely accurate
FWCLA and ALOA failed to address:
The cost to the professional locksmith would be significant as it includes licensing fees, mandatory and continuing education, as well as the cost to maintain and store records on customers and employees. All these costs would have to be passed on the public.
Question 12
Provide any previous efforts in this state to implement regulation of the profession or occupation?
Answer: FWCLA and ALOA state that Dade County had a locksmith licensing ordinance.
Inaccurate: Dade County has an existing locksmith licensing ordinance and it’s been operating well since 1995. FWCLA and ALOA did provide a link to Dade County’s ordinance in their answer, so it may have been a typo. Dade County’s ordinance does not, however, burden the locksmith with mandatory and continuing education. Miami locksmiths, who pay $600 every two years for a license, verified that the locksmith suppliers in the area invite vendors on a regular basis to provide certified training programs.
Question 13
Provide any other information the committee may consider relevant to the analysis of the proposed legislation?
Answer: FWCLA and ALOA state that “many consumers falsely believe that all locksmiths have had a background check and have some proficiency in their trade. There is no way to evaluate this unless locksmiths show that they have a license. With the advent of ‘Phony locksmiths’ defrauding and overcharging the public all over the country, the public is demanding that something be done.” The legislators are then directed to the ALOA’s website page with the 201 “locksmith” stories.
Inaccuracy #1: FWCLA and ALOA did not cite their documentation that determined what consumers do or don’t believe. Florida consumers can rightly believe that professional locksmiths are proficient because they are professionally trained and they actively acquire skills and training to enhance their service and livelihood. Consumers also are likely to presume that any professional trades person would be proficient in their trade. We assume, for example, that car mechanics are proficient in what they do. Most pay for their own schooling and training. Some of them get certified on particular cars or systems as locksmiths can get trained on specific locks and systems. But car mechanics are not required to be licensed or required to take continuing education classes and neither should locksmiths.
Inaccuracy #2: There is an evaluator. The marketplace is the evaluator. It evaluates car mechanics and professional locksmiths alike. Those who don’t measure up lose clients and eventually go out of business. With the advent of the Internet, consumers can go to government or association sites to assure themselves that they are calling a legitimate locksmith.
Inaccuracy #3: Apparently, the “public demand for something to be done” is not very high as locksmith scams are not even listed as one of the top 83 scams on the State’s consumer protection website administered by State Attorney General Bill McCollum.
McCollum’s office lists only one current “locksmith” investigation on its website and it’s for David Peer’s call center. Peer’s already sitting in a Missouri jail cell as that state’s Attorney General sent the U.S. Marshals after him for fraudulent crimes against Missouri residents and mail fraud.
According to Rachel Slone, media contact for McCollum’s office, there have been 62 “locksmith-related” crimes in Florida in the last 3 years or an average of 21 per year.
Slone said, “We have one active ongoing investigation and several of these complaints relate to this active case.” She said that she could not reveal the name of the person in the active case since the person was unaware of the investigation. When asked if they were locksmiths or those posing as locksmiths, Slone said, “We won’t know until we complete the investigation.” (See link below.)
According to Sonya Perez, the media contact for the Miami-Dade Consumer Services Department, where a locksmith licensing ordinance has been the law since 1995, there were 31 complaints against locksmiths in the last 3 years or an average of 10 per year. Perez, however, could not state how many complaints were against any of Miami-Dade’s 450+ registered locksmiths and how many complaints were against those posing as locksmiths.
According to Judy Pepper, President of the Better Business Bureau of Central Florida, there were five complaints against locksmiths in 2009 in Central Florida with a total of 81 throughout the state. South East Florida counties had the highest number of incidents with 53. Unknown is whether they were locksmith complaints or “locksmith” scammer complaints.
According to Terrance McElroy, spokesman with the State Department of Agriculture & Consumer Services, the department did not have a lot of complaints against locksmiths in 2009. He said it would be difficult to pull out specific data due to the way they input and track their information. Once it becomes a frequent complaint, they categorize it. Locksmith complaints have not been categorized.
“I don’t think we’ve had an excessive number of complaints,” McElroy said.
Totals from these agencies for 2009 for the whole state
21 Attorney General’s Office
10 Miami-Dade Consumer Services
81 Better Business Bureau
? Dept. of Agriculture & Consumer Services
– too small to categorize
4 Newspaper articles
How many of all these 116 reported incidents are duplicated to more than one agency is unknown. Let’s assume for arguments sake that 50% are against professional locksmiths – that figure would be less than 60 complaints in the entire state. I personally think these are mostly “locksmith” scammer complaints.
I did begin checking counties on Florida’s west coast when I heard a television reporter state in a news report that there were hundreds of locksmith complaints. The four agencies he listed were the Better Business Bureau, the Dept. of Agriculture & Consumer Services and both Hillsborough and Pinellas counties’ consumer protection agencies.
Pinellas County has the information online and there were 5 complaints all against David Peer. In Hillsborough County, there were 2 complaints (1 against Peer) in 2009. Apparently, the reporter’s figures don’t line up or, under time constraints, he may have relied upon the west coast locksmiths he interviewed to answer truthfully.
Question 14
Name of the person(s) completing this questionnaire and the entity or interested party that he or she represents.
Signed by:
Ken Kupferman, CML, Florida West Coast Locksmith Association
Tim McMullen, ALOA.
Accurate if you don’t count the omissions: Kupferman served as the President of ALOA from 2007 – 2009 and was on the ALOA board for the previous 6 years. Strange he didn’t mention that in the questionnaire or on his appearance cards or in person when he either testified before the committee hearings or showed up to speak.
FWCLA, by the way, was listed as an ALOA Affiliate on ALOA’s website in 2003, but dropped that designation somewhere along the line -- maybe as they began to get more politically involved.
McMullen is the Legislative Manager for ALOA
According to a State of the Association article in the July 2009 Keynotes magazine (page 33), “. . . ALOA played a proactive role in locksmith legislation by providing assistance with the passage of locksmith licensing and related bills in Alabama, California, Maryland and Virginia; monitoring and assisting with the process of introducing locksmith licensing bills in Florida, Georgia, Hawaii, Rhode Island. . . “
From what I could discern ALOA answered all 14 questions and I‘m crediting FWCLA with 7 answers, although it may not be that high and of those, 3 were inaccurate or distorted the facts. At least 6 of ALOA’s answers either neglected to tell the full story or were complete mischaracterizations and some had multiple inaccuracies.
I don’t know what “assisting with the process of introducing locksmith licensing bills in Florida” means to ALOA, but it appears to be more than just assisting especially when both people signing the questionnaire are leaders in ALOA.
Obviously, there is only one interested party in this questionnaire, only one group seeking to regulate Florida locksmiths – ALOA.
Next post (which may be next week):
I’ll be drawing some conclusions on this situation plus sharing how one locksmith almost single-handedly stopped locksmith legislation in his state by educating his fellow locksmiths what that law would actually cost them. Hope to have these two written the beginning of the week. Then I take two weeks off – to continue writing my former publisher’s memoirs. Then I’ll be back at it. Finally, thank you to all those that wrote such kinds words to me about the work I’m doing. I appreciate it.
DOCUMENTATION
Associations – check out the associations’ education (training) pages or notices
Central Florida Locksmith Association www.cflalocksmith.org First Coast Locksmith Association www.fcla.net
Florida West Coast Locksmith Association www.fwcla.org
FWCLA listed on ALOA’s June 2003 website as an affiliate:
http://web.archive.org/web/20030206051953/http://www.aloa.org/about/chapter.htm#aloa
Associated Locksmiths of America www.aloa.org
ALOA’s locksmith listings www.findalocksmith.com
Podcast of March 3, 2010 – Agriculture & Natural Resources Committee (Video is no longer archived but audio is in the form of a podcast)
www.myfloridahouse.gov/Sections/PodCasts/PodCasts.aspx Scroll down to the Committee’s March 3 podcast. You can also scroll down to the March 22 podcast of the Public Safety & Domestic Security Policy Committee and hear Mabry say she represents Florida Locksmiths..
Janet Mabry’s appearance sign in
www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&CommitteeId=2470&Session=2010&DocumentType=Action Packets&FileName=ANRPC_ACTN_3_3_2010.pdf
This link is very long, so go to www.myfloridahouse.gov, then select committees and scroll down to “General Government Policy Council.” From there select the Agriculture & Natural Resources Policy Committee. Once on their page, select “All Council and Committee Documents” from the Committee Document section and select the March 3rd Action Packet. Page 5 lists Janet Mabry signing in as a lobbyist for Florida Locksmith Association.
Miami-Dade’s Locksmith Ordinance
www.miamidade.gov/csd/locksmith_ordinance.asp
Consumers can file or check out complaints at the following links:
County level - Most counties have a Consumer Protection Ordinance and agency that
handles complaints. Go to the local county page and look for the link.
Also, go to local police or sheriff’s office.
State level -
Department of Agriculture & Consumer Services
www.800helpfla.com/complnt.html
Office of the Attorney General of Florida
http://myfloridalegal.com/
To check out current investigations, go to: http://myfloridalegal.com/lit_ec.nsf/investigations, click on the “Search Active Investigations” link on top of the column of investigations. Type in the word “Locksmith” and see David Peer’s investigation show up.
Wednesday, May 26, 2010
Accurate answers? Part 2: FWCLA and ALOA’s flawed evidence about Florida locksmiths continues
Question 3 –continued
The distinction about who is causing the problem is imperative since lawmakers need accurate information upon which to base their support or their votes. Senate analyst Mandy O’Callaghan said in an interview that Florida West Coast Locksmith Association (FWCLA) and Associated Locksmiths Of America (ALOA) presented committee members with a booklet of news articles as documentation of “locksmith misconduct.” When I asked O’Callaghan if the misconduct were by professional locksmiths or call center employees posing as locksmiths, she said she wasn’t sure, but thought it was both.
In the March 3, 2010 hearing in front of the Agriculture & Natural Resources Policy Committee, Rep. Thomas Anderson, House sponsor of the bill, can be seen holding up the booklet and referring to it. (Video archives are no longer available, but audio podcasts are. See link below.)
“The locksmith industry has shared with me many examples of excessive charges and questionable practices by various locksmiths” said Anderson, “and is in agreement with this bill and actually the bill is being brought forward on behalf of the locksmith industry. It’s not something that I dreamt up. It’s something that the industry feels is needed and would like to have passed.”
Anderson then holds up the booklet, “I have a booklet here and I think most of you have seen this booklet. It is a listing of newspaper articles and magazine articles on the issue of theft, abuse and fraud in the locksmith industry. Now most recently, the current issue of Women’s Day magazine highlights ‘Scam Alert.’"
Anderson begins reading the article, “I recently called a local locksmith and ended up talking to a call center in Kansas and I live in Oregon. Scam companies will pile phone books with similar names however they are centrally located in other states.”
“Not only do they overcharge,” Anderson emphasized, “but they send out inexperienced locksmiths who now know how to get into your home.”
“Excessive charges and questionable practices by various locksmiths?” “Inexperienced locksmiths?” Could these possibly be unprofessional “locksmith” scammers Rep. Anderson is referring to?
Rep. Anderson doesn’t seem to be able to distinguish between the professional locksmith and the phony based on the information he’s been given. When you watch the video of the proceeding, it’s obvious that no proponents of the bill, sitting in close proximity to Rep. Anderson, attempted to clear up his misconception. Bobble-head FWCLA lobbyist Janet Mabry sat on the front row behind the podium where Anderson spoke, and where FWCLA Treasurer Ken Kupferman later spoke, and continually nodded her head in agreement.
This huge misconception is upon what most committee members would base their vote. Kupferman did not take the opportunity when he spoke to correct what had been said.
The booklet was just a print off of the 201 news stories on ALOA’s website. Associations of criminal elements to Florida’s professional locksmiths by FWCLA and ALOA were intentional and shameful.
So, the accurate answer to Question #3, (according to the documentation ALOA provided) is NONE. There was NO documented evidence of harm done to the Florida public by Florida’s professional locksmiths presented.
Locksmiths are regulated and information about them can be accessed online
Consumers can check local city or county websites to see if locksmiths are complying with local regulations by having a valid occupational license or business tax receipt. Consumers can also go to local associations websites to investigate local professional locksmiths and can call or go to county consumer protection agencies’ websites to see who complaints have been filed against.
Locksmiths are also self-regulated concerning training through their local associations. Training sessions are open to members and non-members alike.
As for unregulated “locksmith” scammers, they are criminals and it is difficult to “regulate” criminals until after they’ve been caught. They can and have been stopped in Florida by enforcing anti-fraud laws already on the books.
Questions 4 & 5 combined
Provide a list of states that regulate the profession (Question 4) and a list and description of state and federal laws that have been enacted to protect the public with respect to the profession or occupation and a statement of the reasons why these laws have not proven adequate to protect the public (Question 5):
Only ALOA answered: After listing 15 states with locksmith laws (and their websites), ALOA lists Connecticut, Nevada and Nebraska as having locksmith registration laws but writes “they have no enforcement mechanism except for lack of being registered.” I’m assuming only ALOA answered this question since FWCLA is Florida-based and not involved in other states’ legislation as is ALOA.
Inaccurate: In reading the laws in these three states, as in the other 12 states, if a locksmith is not registered, they will hear from the state or county authorities or law enforcement and suffer penalties such as fines, suspension, revocation or non-renewal of their license or registration. For those not registered who pose as locksmiths, the anti-fraud laws apply and they have been used successfully.
The other 12 states require something these three states lack -- mandatory and continuing testing and education. Apparently, this is the “enforcement mechanism,” that ALOA seeks.
Questions 6
Provide a description of the voluntary efforts made by members of the profession or occupation to protect the public and a statement of the reasons why these efforts are not adequate to protect the public:
Only ALOA answered: “ALOA has a grievance procedure, where they (we) can remove violators of the Code of Ethics from our rolls, but it only applies to members.”
Accurate: Short and sweet, but neglected to mention all the things Florida locksmiths have done to protect the public and why these efforts are working. See answer in Question 8. Local locksmith associations have their own grievance procedures as well and they, too, are limited to their members.
Neglected: Strange . . .FWCLA didn’t even mention their consumer warning page on their own website which makes me wonder just who filled out this questionnaire. Nor did they mention any of the consumer warnings on other locksmith association websites or the consumer warnings on most every legitimate locksmith’s website.
Question 7
Provide a copy of any federal legislation mandating regulation:
Answer: The Federal Non-Mailability Act (see attached).
Accurate: This relates to certain locksmithing devices such as bump keys prohibited from being mailed except by those within the locksmith community.
Question 8
Provide an explanation of the reasons why other types of less restrictive regulation would not effectively protect the public:
Only ALOA answered: ALOA refers back to their answer to Question 6 concerning “no enforcement mechanism except for lack of being registered.” They also conclude “if a registered locksmith harms the public, there is no recourse.”
Inaccurate: As long as Florida has attorneys, there is recourse against professional locksmiths (those professionally-trained Florida locksmiths who actively acquire skills and training to enhance his/her service and livelihood). As long as Florida has anti-fraud laws on the books, there is recourse against locksmith scammers. Scammers are criminals. Criminals can’t be “regulated” until they are caught. The public does not need to beware of professional locksmiths. Consumers have several agencies at the state and local levels where they can file a complaint. See links below.
ALOA neglected to mention all that Florida locksmiths are successfully doing:
Professional locksmiths have been voluntarily getting the word out about scammers to their customers whether verbally, by flyers, on their websites and blogs. They have threatened to pull their advertising from phone directories and Internet search engines if these providers don’t get rid of the scammers and it is working. Florida locksmiths educate the public at every chance and have not been waiting for the government to solve this problem for them.
Question 9
Provide the cost, availability and appropriateness of training and examination requirements:
Only ALOA answered: ALOA states that they have a nationally recognized training and testing program to sell to states at a nominal fee and it could be adjusted to meet each state’s needs.
Accurate, but neglected to mention: According to ALOA’s July 2009 Keynotes magazine, ALOA derived almost 50 percent of their income (more than $1 million) from their multi-day, all-day training conventions and educational programs.
That same year they took in $836,762 from memberships -- a decline from the prior year. The $836,762, by the way, accounts for 4,291 members each paying $195 annually or 5,071 paying $165 each since $30 goes to a legislative assessment fee. Kupferman had stated in a prior interview that the organization had 8,000 – 9,000 members. (See story in Locksmith Investigator link below.)
Since ALOA initiated this bill through its former president and former affiliate, it probably seems appropriate to them to influence locksmith legislation in various states, including Florida, to include mandatory testing and continuing education for their benefit.
As national policy analyst John Berlau said, “they (ALOA) shouldn’t use the power of big government to both coerce locksmiths and consumers into their cartel and fill their coffers.” See Berlau’s comments below in the Locksmith Investigator article entitled, “National policy expert gives pending Florida locksmith law a thumbs down.”
Tomorrow: The final installment of this report reveals facts that FWCLA and ALOA failed to mention, reveals what other state agencies have stated about the problem and more about the proponents of the bill.
DOCUMENTATION
Podcast of March 3, 2010 – Agriculture & Natural Resources Committee
(Video is no longer archived but audio is in the form of a podcast)
www.myfloridahouse.gov/Sections/PodCasts/PodCasts.aspx Scroll down to the Committee’s March 3 podcast. You can also scroll down to the March 22 podcast of the Public Safety & Domestic Security Policy Committee and hear Anderson repeat the same speech.
See Consumer Warning pages
Central Florida Locksmith Association www.cflalocksmith.org
First Coast Locksmith Association www.fcla.net
Florida West Coast Locksmith Association www.fwcla.org
FWCLA listed on ALOA’s June 2003 website as an affiliate: http://web.archive.org/web/20030206051953/http://www.aloa.org/about/chapter.htm#aloa"
Associated Locksmiths of America www.aloa.org
ALOA’s Keynotes magazine – July 2009
https://docs.google.com/fileview?id=0B0C_xUBqIBkhYjE5ZTdiNWMtYzRjZi00M2ZkLWIzMDUtM2IxMzE1MDBhN2Nl&hl=en"
Janet Mabry’s appearance sign in
www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&CommitteeId=2470&Session=2010&DocumentType=Action Packets&FileName=ANRPC_ACTN_3_3_2010.pdf
This link is very long, so go to www.myfloridahouse.gov, then select committees and scroll down to “General Government Policy Council.” From there select the Agriculture & Natural Resources Policy Committee. Once on their page, select “All Council and Committee Documents” from the Committee Document section and select the March 3rd Action Packet. Page 5 lists Janet Mabry signing in as a lobbyist for Florida Locksmith Association.
Podcast of March 3, 2010 – Agriculture & Natural Resources Committee
(Video is no longer archived but audio is in the form of a podcast)
www.myfloridahouse.gov/Sections/PodCasts/PodCasts.aspx Scroll down to the Committee’s March 3 podcast. You can also scroll down to the March 22 podcast of the Public Safety & Domestic Security Policy Committee and hear Mabry state she is at the meeting to represent “Florida locksmiths.”
Locksmith Investigator news articles
“National Locksmith Association changes ethics code – almost.”
http://locksmithinvestigator.blogspot.com/2009/04/locksmith-association-clarifies-ethics.html
“National policy expert gives pending Florida locksmith law a thumbs down.”
http://locksmithinvestigator.blogspot.com/2010/03/national-policy-expert-gives-pending.html
The distinction about who is causing the problem is imperative since lawmakers need accurate information upon which to base their support or their votes. Senate analyst Mandy O’Callaghan said in an interview that Florida West Coast Locksmith Association (FWCLA) and Associated Locksmiths Of America (ALOA) presented committee members with a booklet of news articles as documentation of “locksmith misconduct.” When I asked O’Callaghan if the misconduct were by professional locksmiths or call center employees posing as locksmiths, she said she wasn’t sure, but thought it was both.
In the March 3, 2010 hearing in front of the Agriculture & Natural Resources Policy Committee, Rep. Thomas Anderson, House sponsor of the bill, can be seen holding up the booklet and referring to it. (Video archives are no longer available, but audio podcasts are. See link below.)
“The locksmith industry has shared with me many examples of excessive charges and questionable practices by various locksmiths” said Anderson, “and is in agreement with this bill and actually the bill is being brought forward on behalf of the locksmith industry. It’s not something that I dreamt up. It’s something that the industry feels is needed and would like to have passed.”
Anderson then holds up the booklet, “I have a booklet here and I think most of you have seen this booklet. It is a listing of newspaper articles and magazine articles on the issue of theft, abuse and fraud in the locksmith industry. Now most recently, the current issue of Women’s Day magazine highlights ‘Scam Alert.’"
Anderson begins reading the article, “I recently called a local locksmith and ended up talking to a call center in Kansas and I live in Oregon. Scam companies will pile phone books with similar names however they are centrally located in other states.”
“Not only do they overcharge,” Anderson emphasized, “but they send out inexperienced locksmiths who now know how to get into your home.”
“Excessive charges and questionable practices by various locksmiths?” “Inexperienced locksmiths?” Could these possibly be unprofessional “locksmith” scammers Rep. Anderson is referring to?
Rep. Anderson doesn’t seem to be able to distinguish between the professional locksmith and the phony based on the information he’s been given. When you watch the video of the proceeding, it’s obvious that no proponents of the bill, sitting in close proximity to Rep. Anderson, attempted to clear up his misconception. Bobble-head FWCLA lobbyist Janet Mabry sat on the front row behind the podium where Anderson spoke, and where FWCLA Treasurer Ken Kupferman later spoke, and continually nodded her head in agreement.
This huge misconception is upon what most committee members would base their vote. Kupferman did not take the opportunity when he spoke to correct what had been said.
The booklet was just a print off of the 201 news stories on ALOA’s website. Associations of criminal elements to Florida’s professional locksmiths by FWCLA and ALOA were intentional and shameful.
So, the accurate answer to Question #3, (according to the documentation ALOA provided) is NONE. There was NO documented evidence of harm done to the Florida public by Florida’s professional locksmiths presented.
Locksmiths are regulated and information about them can be accessed online
Consumers can check local city or county websites to see if locksmiths are complying with local regulations by having a valid occupational license or business tax receipt. Consumers can also go to local associations websites to investigate local professional locksmiths and can call or go to county consumer protection agencies’ websites to see who complaints have been filed against.
Locksmiths are also self-regulated concerning training through their local associations. Training sessions are open to members and non-members alike.
As for unregulated “locksmith” scammers, they are criminals and it is difficult to “regulate” criminals until after they’ve been caught. They can and have been stopped in Florida by enforcing anti-fraud laws already on the books.
Questions 4 & 5 combined
Provide a list of states that regulate the profession (Question 4) and a list and description of state and federal laws that have been enacted to protect the public with respect to the profession or occupation and a statement of the reasons why these laws have not proven adequate to protect the public (Question 5):
Only ALOA answered: After listing 15 states with locksmith laws (and their websites), ALOA lists Connecticut, Nevada and Nebraska as having locksmith registration laws but writes “they have no enforcement mechanism except for lack of being registered.” I’m assuming only ALOA answered this question since FWCLA is Florida-based and not involved in other states’ legislation as is ALOA.
Inaccurate: In reading the laws in these three states, as in the other 12 states, if a locksmith is not registered, they will hear from the state or county authorities or law enforcement and suffer penalties such as fines, suspension, revocation or non-renewal of their license or registration. For those not registered who pose as locksmiths, the anti-fraud laws apply and they have been used successfully.
The other 12 states require something these three states lack -- mandatory and continuing testing and education. Apparently, this is the “enforcement mechanism,” that ALOA seeks.
Questions 6
Provide a description of the voluntary efforts made by members of the profession or occupation to protect the public and a statement of the reasons why these efforts are not adequate to protect the public:
Only ALOA answered: “ALOA has a grievance procedure, where they (we) can remove violators of the Code of Ethics from our rolls, but it only applies to members.”
Accurate: Short and sweet, but neglected to mention all the things Florida locksmiths have done to protect the public and why these efforts are working. See answer in Question 8. Local locksmith associations have their own grievance procedures as well and they, too, are limited to their members.
Neglected: Strange . . .FWCLA didn’t even mention their consumer warning page on their own website which makes me wonder just who filled out this questionnaire. Nor did they mention any of the consumer warnings on other locksmith association websites or the consumer warnings on most every legitimate locksmith’s website.
Question 7
Provide a copy of any federal legislation mandating regulation:
Answer: The Federal Non-Mailability Act (see attached).
Accurate: This relates to certain locksmithing devices such as bump keys prohibited from being mailed except by those within the locksmith community.
Question 8
Provide an explanation of the reasons why other types of less restrictive regulation would not effectively protect the public:
Only ALOA answered: ALOA refers back to their answer to Question 6 concerning “no enforcement mechanism except for lack of being registered.” They also conclude “if a registered locksmith harms the public, there is no recourse.”
Inaccurate: As long as Florida has attorneys, there is recourse against professional locksmiths (those professionally-trained Florida locksmiths who actively acquire skills and training to enhance his/her service and livelihood). As long as Florida has anti-fraud laws on the books, there is recourse against locksmith scammers. Scammers are criminals. Criminals can’t be “regulated” until they are caught. The public does not need to beware of professional locksmiths. Consumers have several agencies at the state and local levels where they can file a complaint. See links below.
ALOA neglected to mention all that Florida locksmiths are successfully doing:
Professional locksmiths have been voluntarily getting the word out about scammers to their customers whether verbally, by flyers, on their websites and blogs. They have threatened to pull their advertising from phone directories and Internet search engines if these providers don’t get rid of the scammers and it is working. Florida locksmiths educate the public at every chance and have not been waiting for the government to solve this problem for them.
Question 9
Provide the cost, availability and appropriateness of training and examination requirements:
Only ALOA answered: ALOA states that they have a nationally recognized training and testing program to sell to states at a nominal fee and it could be adjusted to meet each state’s needs.
Accurate, but neglected to mention: According to ALOA’s July 2009 Keynotes magazine, ALOA derived almost 50 percent of their income (more than $1 million) from their multi-day, all-day training conventions and educational programs.
That same year they took in $836,762 from memberships -- a decline from the prior year. The $836,762, by the way, accounts for 4,291 members each paying $195 annually or 5,071 paying $165 each since $30 goes to a legislative assessment fee. Kupferman had stated in a prior interview that the organization had 8,000 – 9,000 members. (See story in Locksmith Investigator link below.)
Since ALOA initiated this bill through its former president and former affiliate, it probably seems appropriate to them to influence locksmith legislation in various states, including Florida, to include mandatory testing and continuing education for their benefit.
As national policy analyst John Berlau said, “they (ALOA) shouldn’t use the power of big government to both coerce locksmiths and consumers into their cartel and fill their coffers.” See Berlau’s comments below in the Locksmith Investigator article entitled, “National policy expert gives pending Florida locksmith law a thumbs down.”
Tomorrow: The final installment of this report reveals facts that FWCLA and ALOA failed to mention, reveals what other state agencies have stated about the problem and more about the proponents of the bill.
DOCUMENTATION
Podcast of March 3, 2010 – Agriculture & Natural Resources Committee
(Video is no longer archived but audio is in the form of a podcast)
www.myfloridahouse.gov/Sections/PodCasts/PodCasts.aspx Scroll down to the Committee’s March 3 podcast. You can also scroll down to the March 22 podcast of the Public Safety & Domestic Security Policy Committee and hear Anderson repeat the same speech.
See Consumer Warning pages
Central Florida Locksmith Association www.cflalocksmith.org
First Coast Locksmith Association www.fcla.net
Florida West Coast Locksmith Association www.fwcla.org
FWCLA listed on ALOA’s June 2003 website as an affiliate: http://web.archive.org/web/20030206051953/http://www.aloa.org/about/chapter.htm#aloa"
Associated Locksmiths of America www.aloa.org
ALOA’s Keynotes magazine – July 2009
https://docs.google.com/fileview?id=0B0C_xUBqIBkhYjE5ZTdiNWMtYzRjZi00M2ZkLWIzMDUtM2IxMzE1MDBhN2Nl&hl=en"
Janet Mabry’s appearance sign in
www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&CommitteeId=2470&Session=2010&DocumentType=Action Packets&FileName=ANRPC_ACTN_3_3_2010.pdf
This link is very long, so go to www.myfloridahouse.gov, then select committees and scroll down to “General Government Policy Council.” From there select the Agriculture & Natural Resources Policy Committee. Once on their page, select “All Council and Committee Documents” from the Committee Document section and select the March 3rd Action Packet. Page 5 lists Janet Mabry signing in as a lobbyist for Florida Locksmith Association.
Podcast of March 3, 2010 – Agriculture & Natural Resources Committee
(Video is no longer archived but audio is in the form of a podcast)
www.myfloridahouse.gov/Sections/PodCasts/PodCasts.aspx Scroll down to the Committee’s March 3 podcast. You can also scroll down to the March 22 podcast of the Public Safety & Domestic Security Policy Committee and hear Mabry state she is at the meeting to represent “Florida locksmiths.”
Locksmith Investigator news articles
“National Locksmith Association changes ethics code – almost.”
http://locksmithinvestigator.blogspot.com/2009/04/locksmith-association-clarifies-ethics.html
“National policy expert gives pending Florida locksmith law a thumbs down.”
http://locksmithinvestigator.blogspot.com/2010/03/national-policy-expert-gives-pending.html
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