On 2007-05-26, Jerry Stuckle wrote:
> still me wrote:
>> On Thu, 24 May 2007 17:44:40 -0400, Jerry Stuckle
>> <EMAIL REMOVED> wrote:
>>
>>> That could be. But they still need to be registered under that name or
>>> they are committing much more serious fraud.
>>
>> In most states it's not a big deal unless you claim to be a limited
>> liability enterprise (e.g. a corporation). As long as you pay your
>> taxes and find a bank that will open an account for you, you can pick
>> names with relative ease.
>
> Actually, unless you're doing business under your own name, (i.e. "John
> Smith, Programmer", you must at least file a dba with your state.

Your name is "Programmer"?

Where I do business, that is required to be registered. "John
Smith" is a person's name and does not have to be registered; "John
Smith, programmer" is something else.

> Failure to do so can be punished by fine and possible jail in every
> state I'm familiar with. But then IANAL, nor do I play one on TV - so I
> can't say it's true for every state.

(The majority of people do not live in a "state".)

--
Chris F.A. Johnson <http://cfaj.freeshell.org>
================================================== =================
Author:
Shell Scripting Recipes: A Problem-Solution Approach (2005, Apress)

Red E. Kilowatt wrote:
> WindsorFox <EMAIL REMOVED> wrote in message:
> JoR4i.5845$EMAIL REMOVED,
>
>> Red E. Kilowatt wrote:
>>
> Usually when I tried to get that info they'd hang up on me.

You gotta make them think you want what they have.

>
>> I've reported three companies for using a 3rd party "dialing
> Sounds good, but do you know if any action was actually taken?
>


I never checked, you can look on the FTC web site or call and ask,
but the Florida AGs office did call me back about the calls with spoofed
ID info. One lady tried to tell me that My number was mistyped and
***ociated with a different name. I told her that I knew she was lying
and that is what her boss told her to say as the remove the complaining
person from their list. I also told her to be sure to tell her boss that
I had reported his actions to the AGs office. "You know accidents CAN
happen sir"! I agree, but your company also called my mom and 4 people
that I know. That's a lot of accidents for one city. I told her that I
knew the company was purposely operating outside the DNC and was
spoofing ID to try to keep the identity secreted. She got real quiet.

>
>> This is a problem that needs to be rectified. I do not accept
>> political calls and if I get them I phone or speak to the person
>> directly and inform them that call is why they lost my vote and why
>> I'll campaign agaist them for doing it.
>
> Hard to do when the call is made by a computer--which is almost always
> the case these days. I called the DNC a couple of years ago to ask them
> to put my number on a do not call list and they told me they don't have
> one. They said that anyone can buy the voter registration database and
> use it to make all the calls they want, as long as it's for political
> purposes. The obvious solution is to never give your phone number on a
> voter registration form. If they already have it and you don't want to
> change your phone number, you can re-register and use a fake phone
> number.
>

It is my understanding that everyone has to have a DNC list. If not
it's time to get that changed.


--
"Humor is in the eye of the beholder.
Some beholders are flat-out blind." - Dwight

Jerry Stuckle wrote:
> Red E. Kilowatt wrote:
>
> That's true about the Do Not Call list. However, if you tell a company
> or organization they cannot call you, that falls under an older law -
> and they can't do it for either 12 or 18 months - I forget which.
>



> However, I also am not surprised the DNC doesn't understand that.
>

Really.

--
"Humor is in the eye of the beholder.
Some beholders are flat-out blind." - Dwight

Red E. Kilowatt wrote:

>> You have to be a little subtle about it. For instance, you do not ask
>> "What is you company name so I can report you to the FTC"? :-)
>>
>> But if you sound interested, they will eventually tell you who they're
>> calling for.
>
> And that would typically be some throw-away business name. When you ask
> for the address they hang up.
>
>> Otherwise how could you write them a check?
>
> They don't want a check. They want a credit card number.
>
>

The last one that called me was that after market car warranty
company, they and their address are very prevalent online. When she got
quiet I also mentioned to her that I had filed 3 previous reports with
the FTC about their highly deceptive direct mail advertisements as well. :-P

--
"Humor is in the eye of the beholder.
Some beholders are flat-out blind." - Dwight

On Fri, 25 May 2007 22:47:53 -0400, Jerry Stuckle
<EMAIL REMOVED> wrote:


>
>Actually, unless you're doing business under your own name, (i.e. "John
>Smith, Programmer", you must at least file a dba with your state.

A little slow getting back here... but I think you need to visit more
states :-)

Most states/Feds have very loose regulations about doing business
under a different name in my experience. I'm sure there are some that
are more particular, but that's not my experience and I live in an
anal retentive one that should be leading that pack.

You can apply on line for a Federal tax ID, no verification of
anything (including business name) needed. Just file, give your name,
and now you can pay employees, do withholding, etc under that name.
The feds are just happy you want to pay taxes.

Same for the state: once you have the Federal ID, the states will let
you have a state sales tax certificate and do other tax registrations.
Many other businesses accept the Sales Tax certificate as legal
verification that you are in business under that name. Again, they are
just happy that you want to pay taxes.

I never, ever, ran into anyone at the state or federal level cross
checking the business information. I don't even know what department
that would be. In most states, the Secretary of State's office handles
corporate and other limited liability registrations but you rarely
find one that does non-entities in my experience.

Some banks will ask to see some form of registration of your business,
but most will accept the state sales tax certificate issued to your
name as evidence that you are legit.

In 14 years of running my small corp and buying and selling to a
variety of other companies, I had one, just one, other business ask me
to give them a copy of the sales tax certificate. And that was just to
make sure they didn't have to worry about selling to me without
charging me sales tax (nexus issue).

>Failure to do so can be punished by fine and possible jail in every
>state I'm familiar with. But then IANAL, nor do I play one on TV - so I
>can't say it's true for every state.

I find that hard to believe based on personal experience. However, I
haven't check all states either. Every business is inherently a sole
proprietorship and as long as you don't represent yourself otherwise,
I can't see any issues. You haven't misrepresented your liability in
any way by using a business name. Representing yourself as a limited
liability organization would be an issue, but not as a sole prop.

YMMV.

still me wrote:
> On Fri, 25 May 2007 22:47:53 -0400, Jerry Stuckle
> <EMAIL REMOVED> wrote:
>
>
>> Actually, unless you're doing business under your own name, (i.e. "John
>> Smith, Programmer", you must at least file a dba with your state.
>
> A little slow getting back here... but I think you need to visit more
> states :-)
>

I've been to 48 states - only missing Idaho and Alaska. Is that enough?

> Most states/Feds have very loose regulations about doing business
> under a different name in my experience. I'm sure there are some that
> are more particular, but that's not my experience and I live in an
> anal retentive one that should be leading that pack.
>

Many states do not enforce the regulations unless there is a problem.
But most states have the laws on the books. Talk to an attorney to see
what your state requires.

> You can apply on line for a Federal tax ID, no verification of
> anything (including business name) needed. Just file, give your name,
> and now you can pay employees, do withholding, etc under that name.
> The feds are just happy you want to pay taxes.
>

True, no verification necessary. But if they discover you've made false
statements, be prepared to spend some time in a government owned "hotel".

> Same for the state: once you have the Federal ID, the states will let
> you have a state sales tax certificate and do other tax registrations.
> Many other businesses accept the Sales Tax certificate as legal
> verification that you are in business under that name. Again, they are
> just happy that you want to pay taxes.
>

Ditto with the state-owned "hotel room". But most states require at
least a dba be files with the state if you're doing business under a
name other than your own.

> I never, ever, ran into anyone at the state or federal level cross
> checking the business information. I don't even know what department
> that would be. In most states, the Secretary of State's office handles
> corporate and other limited liability registrations but you rarely
> find one that does non-entities in my experience.
>

That doesn't mean the requirement isn't there - just that you might not
have followed it. And if they do check, you could be in big trouble.

> Some banks will ask to see some form of registration of your business,
> but most will accept the state sales tax certificate issued to your
> name as evidence that you are legit.
>

It depends on the bank and the type of business. But that is not a
legal requirement of the state, and not part of this discussion.

> In 14 years of running my small corp and buying and selling to a
> variety of other companies, I had one, just one, other business ask me
> to give them a copy of the sales tax certificate. And that was just to
> make sure they didn't have to worry about selling to me without
> charging me sales tax (nexus issue).
>

I get asked for mine rather regularly - by basically every new supplier
I use.

>> Failure to do so can be punished by fine and possible jail in every
>> state I'm familiar with. But then IANAL, nor do I play one on TV - so I
>> can't say it's true for every state.
>
> I find that hard to believe based on personal experience. However, I
> haven't check all states either. Every business is inherently a sole
> proprietorship and as long as you don't represent yourself otherwise,
> I can't see any issues. You haven't misrepresented your liability in
> any way by using a business name. Representing yourself as a limited
> liability organization would be an issue, but not as a sole prop.
>
> YMMV.
>
>
You mean you've never been caught at it. Not being caught doesn't mean
it's legal. An attorney will tell you what's legal and what isn't in
your state.

>
>


--
==================
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Jerry Stuckle
JDS Computer Training Corp.
EMAIL REMOVED
==================