New camera arrived and I am intimidated

April 9th, 2012

My new Canon D5 MarkIII arrived. I was and am very excited. When I opened the box I felt intimidated. This is a huge step up from my ancient Rebel 350, or whatever with the 1″ screen I couldn’t see. This screen is probably as large, and much clearer than the one on my Iphone 3g.

I am still a bit intimidated by all of the things I need to learn with this machine. But, with all of the work I have been doing getting ahead of my day job before leaving on vacation for 20 days I haven’t really had the time to study my camera. I hope to get more up to speed on the 20 some hour flight to New Zealand.

I did get to try it at night time to see the amazing low light capability. The shot by the fire pit was at fully automatic at 12,800 ISO. I plan on using the high speed quite a bit. Currently. I don’t even own a flash, and, there isn’t one on the camera. One of the many new expenses I will need to take on. I can also already appreciate the superior image quality compared to the basic Rebel.

Night time ISO 12,800

Night time ISO 12,800

What really surprised me the first time I tried the camera was that even though it is twice as big and heavy than my previous camera, and me being unfamiliar with the controls, was how much faster I was shooting and getting the shot. I know the main thing is the person behind the lens, but this camera really helps get good shots.

morning glories

morning glories

Gotta go pack now. Hope to keep posting from NZ, and maybe on the way there.

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OK, I Did It

April 2nd, 2012

I finally made the big investment, and now have no excuses not to get started in my new career as a photographer and filmmaker. Yesterday, I made the commitment and paid $4,500 for the new Canon D5 Mark III and a few accessories. Prior to that, I bought a MacBook Pro to take on my travels with the camera.

I have been a lawyer for over 30 years and a good portion of that time I really wanted to be doing something else. Now that I made the financial commitment I need to focus on the task. Like Michael Jordan – “Just Do It”. I am going to try and take the standard advice and not quit my day job until I start receiving some income in my new endeavor. But, I really think this will just take focus and working on the game (business) plan.

I also hope to be posting regularly on this blog and think that will also help my eye on the prize of doing something I really enjoy. Maybe, in helping myself figure out this new business I will also be able to help others with similar goals get some ideas from what I will be experiencing in this project.

One good thing is I am heading to New Zealand soon after I get my new camera so I should be able to find plenty of subjects for some of my main interests, travel and outdoor photography.

I will also be figuring out how to catalog and sell thousands of old film negatives and slides. I believe I have some valuable images. I certainly will find out if I am right.

My camera arrives Thursday from B&H. I may post one of those unboxings with photos and video. Please comment and help keep my enthusiasm up. I am doing this, finally.

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Are There Any Leaders?

August 5th, 2011

I believe (and hope) that the way virtually all of the politicians are acting will make the rest of us grow up and wise up. The country and the world have extremely serious problems, and all I see the politicians focusing on is the next election, no matter how far away that may be. It seems now is the perfect time for someone who actually cares about solving these problems more than winning the next election or catering to the those who provide money to his or her election campaign to step up.

On one hand, you have the republican leader of the senate making it very clear that his number one priority is making sure nothing is accomplished so that the president won’t be re-elected. Congress has been very successful in not getting anything done while the nation goes down the tubes.

On the other hand, you have a president that has never held a job or position long enough to learn the position or how to lead because he has always been running for the next higher position, and now for re-election. I believe (and hope) he really is interested in the problems facing us, but he is doing a lot of on the job training, and is playing defense because of all the accusations of being a socialist, Muslim, alien, liberal, what have you. So, he is always responding to his attackers rather than using his bully pulpit and controlling the agenda.

I truly believe that people are beginning to understand what is going on in Washington and state capitals across the country and are fed up with it and want to see something being done to actually resolve problems. We have had enough of hooray for our side and the other side are stupid so and so’s. That is why I believe the time is right for a leader to emerge and let it be known that the government needs to work and get things done rather than engaging in pointless and wasteful brinkmanship. I believe that such a person could gain traction and the support of the people and influence others to step up, and maybe even show and remind some of the current elected officials that they were elected to govern and not bring government to a standstill.

What do you think?

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What’s the Need for a House of Representatives?

December 15th, 2010

I am really wondering if there is a reason for the House of Representatives to continue to exist. As far as I can tell, a minority of senators vetoes every thing the House passes and submits to the Senate. With the House of Representatives being impotent there appears to be no reason to continue with a bicameral Congress.

Then, we also have the situation of a minority controlling or stalling the Senate agenda. I do not think this is what our founding fathers intended.

What do you think?

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Really hard to find someone to vote for.

October 27th, 2010

With so few really good candidates and all the noise out there I can understand why a lot of people are not interested in voting this year. The race for Governor of Florida is a perfect example.

On one hand you have a guy who ran a company that received the biggest fine ever for Medicare fraud and refused to answer zillions of simple questions at deposition on the basis that if he answered he might incriminate himself. The rest of the questions he dodged by saying he didn’t understand the meaning of words such as promise.

The other candidate likes to brag that she was honcho at Bank of America. During her tenure there, Bank of America fraudulently ripped off millions of consumers and also was fined for doing so. The bank even gave tellers nice commissions for steering customers to their brokers who would sell the customers risky investments that they misrepresented as being federally insured. She never spoke up against these practices. The total fraud and unconscionable practices at Bank of America probably was much larger than at the other guy’s company and had a more direct effect on the actual consumers. On top of that, what in the world was she doing even looking at her smart phone during the debate?? Just plain stupid.

But, in the end it is clear that Scott is an outright opportunist crook and I have to vote against him. I will hold my nose and vote for Sink and hope she will start doing what is in the public’s interest if she wins. I just wish there was an appealing candidate to vote for rather than voting against someone.

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Fair Debt Collection Practices Act DAY 9

July 13th, 2010

We’re Done

Hard to believe I fell off the blog wagon with so little left to cover in this review of the Fair Debt Collection Practices Act. I will finish this series with this post, and, hopefully, stay with my five posts per week from now on.

The remaining sections of the FDCPA provide that if a consumer owes multiple debts and makes a payment to a debt collector, the debt collector cannot apply the payment to any debt that is in dispute. Debt collectors may only bring a legal action were the consumer resides or signed the contract. If the action is to enforce an interest in real estate, the legal action can be brought were the property is.

It is unlawful for any person to furnish any form to create the false belief that that a person other than the creditor is collecting.

The FDCPA provides damages to consumers in the amount of their actual damages for violations. It also provides for “additional” damages not exceeding $1,000. If the consumer prevails in a legal action to enforce the FDCPA he is also entitled to court costs together with reasonable attorney’s fees.

That’s it. The FDCPA section by section. I hope this series was helpful and it didn’t hurt me to go through the entire law. I’ll publish this now and think about what I will post tomorrow.

David J. Gruskin
Gruskin & LaBerge, P.A.
St. Petersburg, Florida

email: david.gruskin@verizon.net
web site: www.elderconsumer.com

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Fair Debt Collection Practices Act DAY 8

June 29th, 2010

Notice and Validation of Debt

When a debt collector first begins communicating with a consumer he must provide certain information regarding the debt and notify the consumer of certain rights. In either the first communication or with five days of the first communication the debt collector must provide the consumer with written notice containing the following:

1. The amount of the debt.

2. The name of the creditor to whom the debt is owed.

3. The right to dispute the debt within 30 days.

4. A statement that if the consumer notifies the debt collector in writing within the 30 day period, the collector will obtain verification of the debt or a copy of the judgment against the consumer, and mail a copy to the consumer.

5. A statement that upon written request within the 30 day period, the debt collector will provide the consumer with the name and address of the original creditor, if different than the current creditor.

If the consumer notifies the debt collector in writing within the 30 day period that the debt is disputed, or requests the name and address of the original creditor, the debt collector must cease collection of the debt until verification of the debt or a copy of the judgment, or the name and address of the original creditor is mailed to the consumer.

The failure of the consumer to dispute the validity of the debt may not be considered an admission of liability by any court.

David J. Gruskin
St. Petersburg, Florida

email: david.gruskin@verizon.net
web site: www.elderconsumer.com

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Fair Debt Collection Practices Act DAY 7

June 29th, 2010

Unfair Practices

As with other conduct prohibited by the Fair Debt Collection Practices Act, the FDCPA section on unfair practices begins by generally forbidding debt collectors from using any unfair or unconscionable means to collect debts, and then, without limiting the general prohibition, details specific conduct that debt collectors may not engage in. The specific unfair practices listed are:

1. Attempt to collect any amount not authorized by agreement or permitted by law.

2. Acceptance of a check post dated by more than five days unless the person is notified in writing that the debt collector intends to deposit the check not more than ten days nor less than three days prior to such deposit.

3. Solicitation by a debt collector of any postdated check for the purpose of threatening or instituting criminal prosecution.

4. Depositing or threatening to deposit a postdated check prior to the date on the check.

5. Causing charges (like phone calls or telegram fees) to be made to any person for communications by concealing the true purpose of the communication.

6. Taking or threatening to interfere with the consumer’s property if the debt collector does not have the present right to possession, or does not have the intention to do so, or the property is exempt by law.

7. Communicate regarding a debt by post card.

8. Use any language or symbol, other than the debt collector’s address, on any envelope when communicating with a consumer by mail or telegram, except the collector may use his business name if the name does not indicate he is in the debt collection business.

David J. Gruskin
St. Petersburg, Florida

email: david.gruskin@verizon.net
web site: www.elderconsumer.com

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Fair Debt Collection Practices Act DAY 6

June 25th, 2010

False or Misleading Representations Part 2

Yesterday I explained that the FDCPA prohibits debt collectors from using any false or misleading representations when attempting to collect a debt and listed six types of false or misleading representation prohibited by the FDCPA. Below, I list the remaining ten types of false or misleading conduct the FDCPA specifically forbids debt collectors from engaging in.

7. The false representation or implication that the consumer committed a crime or other conduct in order to disgrace the consumer.

8. Communicate or threaten to communicate false credit information, including the failure to communicate that the debt is disputed.

9. The use of any written document, which simulates or is falsely represented as being authorized, issued or approved by any court, official, or agency of the United States or any State.

10. Use any false information or deceptive means to collect, attempt to collect, or obtain information regarding a consumer.

11. Fail to disclose in initial communication with a consumer that the debt collector is attempting to collect a debt, and that any information obtained will be used for that purpose, and in subsequent communication, fail to disclose that it is from a debt collector.

12. The false representation that the debt has been turned over to innocent purchasers for value.

13. The false representation that papers are legal process.

14. Use a name that is not the true name of the debt collector’s business.

15. The false representation that papers are not legal process or do not require action by the consumer.

16. Falsely represent that the debt collector is employed by a credit reporting agency.

These matters can be very complicated and if you suspect a debt collector is violating the FDCPA you should consult with an attorney experienced with the Fair Debt Collection Practices Act immediately. My email and web site addresses are shown below. You can also find qualified lawyers at the National Association of Consumer Advocates.

David J. Gruskin
Gruskin & LaBerge, P.A.
2719 First Avenue North
St. Petersburg, FL 33713
email: david.gruskin@verizon.net
web site: www.elderconsumer.com

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Fair Debt Collection Practices Act DAY 5

June 23rd, 2010

False or Misleading Representations Part 1

I’m going to spread this topic over two days because it is fairly lengthy and I got distracted posting on Gruskin’s Rants and I Love St. Pete about the Tampa Bay Rays stadium situation. As I have explained previously, this series tracks the Fair Debt Collection Practices Act one section at a time. If you want to read the actual law, just click here.

This section of the FDCPA prohibits debt collectors from using any false, deceptive, or misleading representation when collecting a debt. The FDCPA then goes on to list 16 specific types of conduct that are forbidden. The first 6 are listed below:

1. The false representation that the debt collector is affiliated with the United States, or any State, including the use of a badge, uniform or facsimile thereof.

2. The false representation of the character, amount, or legal status of any debt.

3. The false representation that any person is an attorney or that any communication is from an attorney.

4. The representation that nonpayment will result in arrest or imprisonment of any person or the seizure or sale of any property or wages unless such action is lawful and the collector really intends to take such action.

5. The threat to take any action that cannot be legally taken or that is not intended to be taken.

6. The false representation that a sale, or other transfer of the debt shall cause the consumer to lose any claim or defense to payment of the debt or become subject to any practice prohibited by this section of the FDCPA.

That’s all for today, I will finish this section tomorrow.

David J. Gruskin
Gruskin & LaBerge, P.A.
2719 First Avenue North
St. Petersburg, FL 33713
email: david.gruskin@verizon.net
web site: elderconsumer.com

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