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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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In the News, Notary News and Advice

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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.