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Notary News

Nebraska Notary Case Moves to Nebraska Supreme Court

We said we would keep you up to date on this story, so here it goes.

To backtrack, a Nebraska notary was accused of signing fraudulent signatures regarding the state’s medical marijuana bill. It amounted to 24 counts of improper notarization. The case was dismissed and then brought back to life via appeal.

And then the notary threw his ring in the hat to run for Governor of Nebraska.

We could try to go more in depth, but why don’t you check out our previous articles on the topic.

Well, it jumped to the Nebraska Supreme Court. And they heard first arguments on Wednesday, December 3rd.

The Players in the Arguments

So, we have Nebraskans for Medical Marijuana. Then we have former State Senator John Kuehn. Then a cross-filing was submitted by Secretary of State Bob Evnen. This is the guy who certified the signatures allowing the referendum to go on the ballot.

Both Kuehn and Evnen are asking the Nebraska Supreme Court to send the case back to a lower court.

Evnen’s lawyers argue that the case should be remanded to the lower court for the second part of the trial. They want the sponsors of the bill to prove they had enough valid signatures for the referendum.

Nebraskan’s for Medical Marijuana argued that Evnen does not have standing for this case, as he had a duty to certify ballots.

“We ask as a practical manner, for the benefit of the parties, for the benefit of the lawyers, and most importantly, for the benefit of the public, can Secretary Evnen certified the initiative, pull the plug at the last minute, admit he has no standing under the exclusive statutory provision, and then circumvent that through the declaratory judgment act?,” said Daniel Gutman, an attorney representing Nebraskans for Medical Marijuana.

SiouxlandProud

Nebraska Notary Case Moves to Nebraska Supreme Court

Kuehn’s lawyers pointed to how the alleged fraud could affect future ballot initiatives. They basically say that if the current ruling from the lower court is allowed to stand, then any two people could game the system and get any future initiative they want onto the ballot.

It is an interesting argument, but one has to wonder how two people could do this.

But, Kuehn’s lawyers addressed that. They said that all people accused of malfeasance would have to do is invoke the fifth amendment.

Overall, this seems like it raised more questions than answers. But we guess that is probably the point of hearings like these.

And it appears the saga will continue.

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UPS Class Action Lawsuit Allowed to Continue

A New Jersey class action lawsuit against UPS has cleared the bar and is allowed to proceed. The allegations are that UPS, and some of its franchises, overcharged for notary services.

In New Jersey the maximum fee is $2.50 per notarial act. UPS is alleged to have charged up to $15 per act. Was it put into a direct fee? No. It was hidden behind the surface as “notary convenience” or “clerical fee”.

The courts in New Jersey have ruled to let the lawsuit move forward. This is on the heels of the same action in Illinois. In both cases the courts found that the lawsuit had merit, based on the grounds of consumer protection.

Chief Judge Renée Marie Bumb denied a motion to dismiss the lawsuit. Regarding the New Jersey Consumer Fraud Act. Both the UPS Store Inc and franchises are defendants in the lawsuit. The court found the plaintiffs plausibly alleged that the agency had enough merit that the relationship between UPS Store corporate and its franchisees to allow a vicariously liability theory to proceed.

While UPS Store corporate is targeted in the lawsuit, they still may not be involved in the end result. This is based on if they had knowledge of the situation, and how it was handled between the corporate offices and the franchisees.

The plaintiffs alleged that TUPSS (The UPS Store Inc.) requires New Jersey franchisees to offer notary services, mandates the number of notaries available during operating hours, requires franchisees to use a standardized point-of-sale system with TUPSS-approved SKU codes, provides extensive training on notary services, and monitors transactional data including the amounts charged for notary services. The plaintiffs further alleged that TUPSS oversees advertising and marketing for notary services and maintains a customer-service department that sometimes issues refunds directly to customers regarding notary-service charges.

Buchalter

UPS Class Action Lawsuit Allowed to Continue

Plaintiffs purchased notary services at New Jersey UPS stores and, in class action complaints, alleged they were charged an amount that exceeded the $2.50 fee permitted by New Jersey law. Neither complaint alleged that the amount in controversy exceeded $5 million. During discovery, while an appeal from the denial of a motion to dismiss was pending, UPS produced a spreadsheet showing that the New Jersey UPS stores had more than one million notary transactions during the six-year class period, which established an amount in controversy that satisfied federal jurisdiction under the Class Action Fairness Act (CAFA). UPS removed both complaints to federal court. The district court remanded, reasoning that UPS could have performed the required calculation when the spreadsheet was produced in December 2020, so the removal petitions filed months later were untimely. The court did not consider whether CAFA’s local controversy exception required remand.

Justia

As stated, this does not just affect New Jersey, but Illinois has a similar case result as well. This is bringing allegations in multiple states, and the class action lawsuits are sure to spread to other states.

This points to the integrity of the system at UPS for their notary services. People need to make sure they use people that they can rely on to do the job correctly, and charge fees legally allowed by law.

If you are in the Hudson area of Florida, you are always welcome to get your documents signed at our office located at 13939 Lakeshore Blvd. Suite 101, Hudson, FL 34667. You can depend on Sunshine Signing to get it right every time.

Sunshine Signing Service

Your Nationwide Notary Signing Service

Increase your efficiency and bottom line with Sunshine’s Mobile Notary Services and Online Notary Services. Sunshine is always there when you need us.

GET STARTED

Or Call us at (727) 817-0000

AI and the Mobile Notary – Part Two

In our previous post we talked about artificial intelligence and the benefits it can provide to a notary. But, something great can also be a double edged sword. In this article we will take a brief look at the downsides of AI when it comes to notaries.

Unfortunately, such an easy tool that benefit notaries can also be used by those with bad intentions. And if we are not ready for those, they can come back and bite us in the rear.

Images for Identity

An emerging type of fraud comes with the identity of the signer.

Artificial intelligence goes beyond text, it can be used for images as well.

Enter the fake forms of identification. AI can be used to create fake passports with astounding accuracy, which is also spilling into other forms of identity. On a remote signing, AI can even make a signer sound like the actual individual.

There are a few instances of this popping up, but fortunately it is not widespread, at least yet.

We have talked a lot about people using fake identities to steal houses and other high value items. And this was before artificial intelligence made it easier.

The fact is, even the best notaries can be fooled, which makes following best practices a must.

How Do I Identify a Fraudulent Signer?

That is the $64,000 question.

With the accuracy of fake ID’s, passports leading the way, it will get harder and harder to distinguish an actual signer from a real one. So following best practices is a must. Instead of giving a signer’s ID a once over, give it a twice over. Make sure the live signature matches the one on their ID. It is much more difficult to sign a document correctly, and most states have the signature on the ID.

And to further protect yourself, make sure your logs are completed and all the I’s are dotted and t’s are crossed. Anything that may cause problems, make sure they do not. Do not let yourself get dragged into anything that may be sketchy.

Software

Will facial recognition help notaries stop fraud?

Emerging software is trying to address this problem. Beyond security questions they are also implementing facial recognition to confirm the signer. But, that is difficult.

The fact is that security questions have been broken for a long time by saavy hackers. The type of people who may try to do a fraudulent signing.

Beyond that, these operations are not usually one person, but a collective of people looking to crack the code. With the amount of money potentially involved, multiple people are easily involved.

Another aspect is facial recognition. But, again, if I have my own photo on a passport, and I am at the signing, that is a difficult problem to overcome.

We expect better tools to hit the market, but exactly when a potentially foolproof system is found is not known. And if we’ve learned anything from previous signings, there may never be a foolproof system.

Protect Yourself

Again, make sure you do everything right. Double check things when needed. Understand potential signers may be hackers and take a little more time when needed. Make sure your logs are pristine.

The fact is that this emerging threat is a tough one to overcome. So doing everything in your power to make sure you are protected at every single signing.

AI and the Mobile Notary

The rise of AI/Artificial Intelligence technology brings its own upsides and downsides for notaries.

In this article we are going to focus on the upsides, whereas we’ll be focusing on the downsides shortly.

Automation

The biggest bonus is in the area of automation. It’s an easy concept to almost understand, but real world applications may be more difficult to think of.

One of the easiest is to set schedules for yourself. For example, you might to promote yourself through social media, but what are the best times to post for maximum effect. Just head on over to ChatGPT or a competitor to find a desirable result.

Just ask it about what times are best for each network. Then ask it to make a schedule for when and what you should post to receive maximum results. But, how do I do that?

Prompts

AI generated results can streamline your business.

One thing we run across is people looking for the right prompts. A prompt is a set of words used to input into the artificial intelligence system. While they seem complex, in reality they are quite simple to use.

AI is there to answer questions, have a conversation and even to dive deeper into the knowledge of the web.

A prompt is simply a question you ask your AI program. They can be done conversationally. They don’t rely on keywords like search engines, but providing specific answers to questions.

For example, on a search engine, one might type in “best time to post on Facebook.” A prompt may look like “I run a small notary business. What times do you think are best to post there, and what type of content should I post?”

Remember, you are having a conversation.

Your AI program should then give you a succinct answer to your question. It is highly concise and accurate (in most cases), giving you the information you need to in seconds. This varies from the search engine, as it is quicker. You don’t have to spend too much time looking for germane results.

Now let’s take this to the next level.

I don’t want just an overview of what to post, but I want a more specific schedule I can refer to that tells me what to post and when. Even the type of post, be it a serious sell, or a more jovial subject like a meme or joke (just make sure people know it is a joke, lol).

So I open up ChatGPT and ask it about what I should post for a given social media site. Then I ask it to create a schedule I can follow to achieve the most results. Remember, we are not just looking for keywords here, just ask them a question just like you would ask a friend. Before you know it, you have created a highly effective schedule for your social media.

What About My Content

Your content should focus on answering specific questions, not just keywords. In fact, keywords, as in an a search engine optimization strategy, are not how AI works. If you see from this article we are focusing on answering questions, not just keywords.

Just answer questions you might types into the AI program. It really is that simple. I might even go to an AI program and ask it what are the most common prompts used for mobile notaries. The AI program will give you answers to that question, too.

Other Uses of AI

Sometimes what you write is a masterpiece, other times it may need some help. So why not use AI for an email? Just put in your email text and ask it to make it more concise, or readable, more professional or whatever you think you need. You might even be able to do this simply on your phone.

How about your text on your experience? A virtual resume so to speak. AI can do that, too. It may focus on areas you never thought about, or make a skill or experience more prominent.

The key here is the sky is the limit. You can use AI to boost yourself and your business. And you should look into doing so.

Notary Seals Stolen in Seattle

In a not so good development, a Seattle based mailing service had theft occur against them. Among the items were notary seals.

Lake Union Mail saw mail, credit cards and notary seals stolen. Stealing mail is a federal offense, making the break in a high stakes endeavor.

Notary Seals

But, let’s focus on the notary seals. Replacements can be offered, but that does not put the seals completely out of the woods.

Video footage shows two offenders breaking in with a crowbar and grabbing whatever they can. Since the store has packages everywhere, they seemed to grab the easiest of the pickings.

The question that has not been answered so far is if the notary seals were for employees or if other notaries were affected. If other notaries were affected, it could cause more problems.

Why?

If we don’t know whose seals were stolen, how are they to be tracked down? Of course, individual notaries who have not received their expected seal should contact the proper authorities in the state to report the suspected incident.

What About the Meantime?

Of course, the signings of the affected notaries will have to be audited. Will they be used in future endeavors of the thieves, or maybe they sell them off to someone who can better use them. The more we don’t know who is involved, the more complicated the problem may be.

Then there is the issue of backdating documents. If you remember, in the housing crisis of 2007, many backdated documents became the center of attention.

Are we too Weary?

The fact of the matter, with such little information, it is tough to report on.

Are we being over reactive? Maybe.

But, we want to make sure notaries understand the possibilities here. May some of them not apply? We don’t know. But, if we don’t give you the whole picture, then we might be missing a crucial piece of information.

And the sour part is if it happened to them, it could happen to you in the future.

Here is to hoping the suspects are caught and convicted.

San Francisco Court Issues Verdict Against Notario

The state of California, in this case San Francisco, received another court ruling in favor of the state dealing with notarios. After suing a notario for a third time, they’ve won a ruling for over $600,000.

The notario offered legal services to immigrants, in some cases fleecing them for thousands of dollars, the court found.

These cases stretch all the way back to 2017, when the notary was ordered to stop offering legal advice, as they were not licensed to do so. Blatantly, the notary ignored that, and continued their actions.

This process was again re-iterated in 2022.

It appears the notary should have given themselves some legal advice.

We won’t delve into the history of the cases brought against the notary, as we covered that earlier.

What is a Notario?

A notario is a notary, plain and simple.

What differs is they offer services that are illegal. In this case, we are talking legal advice, which is aimed at immigrants who do not know better. See, in many countries notaries have different duties, one of which is they can offer legal advice in certain situations.

Who we call Notarios in the United States take advantage of that fact, and provide services not legal in the United States. They prey on people new to the country who do not know better. They often take all of their income or savings (or both), all for a service that will not help the immigrants.

Notarios give notaries a bad name and are shunned in the industry.

Back to the Case

San Francisco Court Issues Verdict Against Notario

Over $600,000 has been declared in civil penalties and legal costs, a huge sum for the average notary. The are also barred from offering immigration services for the next five years.

The notary has kept their mouth shut since the verdict.

City Attorney David Chiu said in a statement that Lacayo flouted past rulings, showing “zero regard for the law.”

San Francisco Chronicle

Nonprofit ‘La Raza Centro Legal’ said they have multiple clients who have been victims of [the notary]. Some people paid him thousands of dollars and are now at risk of deportation.

“[The notary] is a fraud. [They have] been operating I believe since before 2017, but we have been seeing that he has really being causing irreparable harm in the community to missed deadlines, to deportation or removal orders,” said April Calvo-Perez, attorney at La Raza Centro Legal.

ABC 7 News

The notary’s defense is that they have never provided illegal services and that they would be in jail if they did so.

The notary denied offering legal services for immigration. They said they mainly do taxes and that they do not file any immigration paperwork since the original injunction in 2017.

The court did not agree with the argument.

“I don’t have a penny to my name. I don’t have money. If I were swindling and defrauding people, I would have millions of dollars. I don’t have them because I don’t charge anything because I don’t do anything,” said the notary.

Notarios put a bad name to all notaries, and we are sure almost all of you are happy with the conclusion.

Florida Notario Law Takes Effect

August 2025

Woah. It seems notarios are at the top of our list of stories lately. Maybe even dominating them.

We think people understand why this is such big news in our current environment, which is why we want to stay on top of the situation.

If you want to check out our earlier articles on the subject, you can find them here:

The new regulations started on July 1st.

The bill aims to reduce confusion among immigrants. Notario Publicos, in many countries, are highly trained individuals that can give legal advice. Some are even lawyers.

Florida Notario Law Takes Effect

But, in the United States that is not the case. This befuddles many, opening the door for fraud.

A new law (HB 915) will prohibit Florida notaries without the appropriate law license from misrepresenting their legal experience when advertising their services, and bars them from using terms such as “immigration specialist”, “notario público” and “immigration consultant.”

Yahoo

In a rarity, the bill received bi-partisan support. Whether Governor Ron Desantis would approve the measure was up in the air. In the end he did, which we go over in the link at the top of our article.

Unless they are really attorneys, notaries are now required to post a disclaimer. This should describe their role and that they are not immigration consultants and cannot represent people in immigration matters.

“This bill is about protecting vulnerable communities, about advertisement, misleading advertisement, and unauthorized legal practices,” Marie Paule Woodson said. “It’s about transparency and accountability.”

At least dozens, if not hundreds, of cases are reported each month.

This bill is a step in the right direction. As a notary, it is imperative to provide a seamless transaction and to not offer advice to either side of the signing. Anything beyond that is not acceptable.

That people that target immigrants, mainly hispanic, need to be disbanded, as they make the industry look bad, especially because it is in the news so often right now.

Sunshine Signing works with the best notaries in the industry, all across the United States. You can always be assured that your signing will be done the right way, every time.

Sunshine Signing Service

Your Nationwide Notary Signing Service

Increase your efficiency and bottom line with Sunshine’s Mobile Notary Services and Online Notary Services. Sunshine is always there when you need us.

GET STARTED

Or Call us at (727) 817-0000

San Fransisco Sues Notario a Third Time

August 2025

Wow.

The notario situation has completely blown up. Why it is so difficult for a notary not to provide legal advice? Easy, it is a great way to get the uninformed in the door and make some money in the process.

We recently brought up the issue of Notarios in California, an issue that is most prominent in Florida, but is gaining traction wherever immigrant populations are prevalent.

Of note, in this circumstance this notary did not call himself a notario. Instead he opened a business that sounds legitimate for the situation. Some may also think the name sounds like a lawyer.

But, it is not.

This goes way back to 2017 when an injunction was placed on the notary for the same behavior. The notary was charging thousands of dollars for illegitimate legal advice.

Again, in 2022, the notary was hit with a court order to emphasize the injunction, as it was ignored the first time.

San Fransisco Sues Notario a Third Time

In the case, the court found, during those four years, the notary filed at least 400 documents to the United States Citizenship and Immigration Services.

But, it appears the notary has not stopped. They do not have a law degree, but offer legal services. They hide all the activity by mainly advertising themselves as a tax preparation service.

It stinks when a notary tries to give everyone else a bad name. Note in this case, the “notario” appeared not to be one, which is why this has been lingering for at least 8 years.

Data Breach Investigation Turns Into Lawsuit

August 2025

A new lawsuit has hit Mobile Notary Zone for a breach of data. Mobile Notary Zone is a mobile notary service based out of Nevada.

In June, Mobile Notary Zone informed at least one client that their data had been breached. The breach was successful, gaining access to valuable client information. It was the full data set.

Things like social security numbers and financial information were breached. Pretty much any information held by Mobile Notary Zone was accessible in the hack.

As of this date, Mobile Notary Zone has not released how many clients were affected, but if you have received a data breach letter in the mail from them, you should assume your personal information was part of the hack.

Data Breach Investigation Turns Into Lawsuit

Mobile Notary Zone uses a third party for data security. New American Funding LLC. They have launched an internal investigation on how the hack happened. So far, they’ve only said an unauthorized user gained access to its systems containing personal data.

If you are a client, you may want to move on and look at us, Sunshine Signing. We provide nationwide services for mobile notaries and remote online notarizations. Our notaries are the best in the business, and our in house online notarizations are done by experts in the field.

For notaries, information about the leak has not been confirmed, but is likely.

Anyone working for or with Mobile Notary Zone may be compensated for not only any fraud, harm or inconvenience committed to them, but also reasonable expenses to protect themselves. Please make note that most people saying you may receive compensation are lawyers trying to drum up business. So please, take it with a grain of salt. But, if one lawsuit is successful, many others will follow.

So, what can you do to protect yourself?

You can sign up for a credit monitoring service. Some are free. Mobile Notary Zone may also be required to pay for one for you for a specified time. This is depending on how the early legal process plays out, or if the company wants to be proactive in protecting clients and notaries that work with them.

You need to monitor all of your accounts closely. Look for anything that does not belong and notify your bank immediately if you find any discrepancies.

Get in contact with the credit bureaus. You can get a free credit report from them once a year, but you can also place a Fraud Alert with them. This informs creditors to take extra steps in verifying if someone is not who they say they are.

You can work with your bank to update card or account numbers. They will know what to do to make things as easy as possible for you. Make sure you have a full conversation with them, as any direct deposits or payments from these accounts may be affected. You may also need new checks or other things. Don’t take our word for it, get it right from the horses mouth if you need to do anything to protect yourself, and by extension, your bank.

Finally, if it comes to it (which we hope not), seek legal help. If Mobile Notary Zone makes a list or notifies you that you are affected, that may be the best route, especially if any fraud was made in your name.

This is one of the worst things that can happen to a notary, or a business that uses a notary service. With financial information being compromised, it is a dangerous situation. Once again, Sunshine Signing welcomes anyone who would like to move to a new (and better) notary signing service.

South Dakota Says See Ya to Surety Bonds

July 2025

Well, next time South Dakota notaries renew (new ones too) they will no longer have to post a surety bond. Up until July 1st it was necessary, but House Bill 1133 changed that.

If you are currently under commission you must keep your bond until the end of the commission. But, when you renew your commission the surety bond no longer needs to be renewed.

For those out of the loop, a surety bond:

A surety bond is a three-party contract that guarantees a party (the principal) will fulfill their obligations to another party (the obligee), according to the Surety & Fidelity Association of America (SFAA). The surety, often an insurance or bonding company, provides a financial guarantee that the obligee will be compensated if the principal fails to perform their obligations.

South Dakota Says See Ya to Surety Bonds

No other major changes were made. Everything else in the new or renewal for a notary remains untouched.

Secretary of State Monae L. Johnson commented on the new legislation, stating, “This legislation streamlines the notary process and removes a barrier that often caused confusion or delay. We are committed to making public services as accessible and efficient as possible.”

It is always a positive to see new legislation make a notary’s life easier. Saving a little money on a bond is a bonus as well.

Want to know how to become a notary in South Dakota? We’d recommend this page on “How to Become a Notary”.

Sunshine Signing Service

Your Nationwide Notary Signing Service

Increase your efficiency and bottom line with Sunshine’s Mobile Notary Services and Online Notary Services. Sunshine is always there when you need us.

GET STARTED

Or Call us at (727) 817-0000