Structured Settlements 4Real® Blog: Structured Settlements | Settlement Planning News and John Darer Reviews

Structured Settlement and Settlement Planners Websites-Who Is Getting the Traffic? 2/2008

Three Month Trailing Top 10 Traffic Rank (Alexa Rank as of 02/29/2008) of Structured Settlement Industry websites* (+ or- traffic from 02/01/2008 report)

Who Are Ya?

1. Beyond Structured Settlements Blog (Pat Hindert) 691,402+
2. Structured Settlements 4Real® Blog (John Darer®) 1,860,725+
3. National Structured Settlement Trade Association (NSSTA) 4,036,707+
4. James Street Group 5,943,813-
5. Creative Capital 6,107.241+
6. EPS Settlements Group 6,327,834+
7. 4structures.com, LLC 6,646,472+
8. Settlement Professionals, Inc. 6,657,716+
9. Structured Settlement Services 6,801,602+ 
10. Ringler Associates 8,567,474+

*Daniel Alvarez, JD, from Millennium Settlements, who contributes to a Settlement Blog at Claris.com and HIgh Impact Structures, LLC and The Settlement Channel have been omitted from the search results as their ISPs do not differentiate between them and the ISP itself.

Structured Settlement Websites-Where Are Ya?

Three Month Trailing -Laggards Rank (+ or -Alexa traffic rank  of 02/01/2008)* 

1. Lesti Settlements 8,742,151+
2. Bridge Settlements 9,378,310+

Survey of structured settlement website traffic only covers USA websites of the creation side of structured settlements, including professional or associate members of the National Structured Settlement Trade Association (NSSTA) or Society of Settlement Planners, Inc., the association websites and alternative structured settlement periodic payment providers.

Ongoing Ranking Tally (survey began 4/2007)

Times Ranked #1 in 3 month web traffic

• Structured Settlements 4Real     6
• Ringler Associates  1
• Beyond Structured Settlements   3

Times Ranked #2 in 3 month web traffic

• 4structures.com, LLC     5
• Structured Settlements 4Real®    4
• Ringler Associates     1

Further survey criteria:

Companies whose primary business is structured settlement factoring transactions are not counted in this survey as:

(i) despite the efforts of some to "frame" them otherwise, they are NOT part of the structured settlement industry- they are part of the cash flow, factoring or settlement purchasing industry; and

(ii) the additional purpose of this survey is to identify legitimate sources of information for consumers, attorneys or companies seeking structured settlements and the structured settlement brokers, certified structured settlement consultants, appointed structured settlement companies and agencies, United States Treasury structured settlement providers, or other financial professionals, who have the ability to place them.

1. Beyond Structured Settlements Blog (Pat Hindert) 691,402+
2. Structured Settlements 4Real® Blog (John Darer®) 1,860,725+
3. National Structured Settlement Trade Association (NSSTA) 4,036,707+
4. James Street Group 5,943,813-
5. Creative Capital 6,107.241+
6. EPS Settlements Group 6,327,834+
7. 4structures.com, LLC 6,646,472+
8. Settlement Professionals, Inc. 6,657,716+
9. Structured Settlement Services 6,801,602+ 
10. Ringler Associates 8,567,474+

*Daniel Alvarez, JD, from Millennium Settlements, who contributes to a Settlement Blog at Claris.com and HIgh Impact Structures, LLC and The Settlement Channel have been omitted from the search results as their ISPs do not differentiate between them and the ISP itself.

Structured Settlement Websites-Where Are Ya?

Three Month Trailing -Laggards Rank (+ or -Alexa traffic rank  of 02/01/2008)* 

1. Lesti Settlements 8,742,151+
2. Bridge Settlements 9,378,310+

Survey of structured settlement website traffic only covers USA websites of the creation side of structured settlements, including professional or associate members of the National Structured Settlement Trade Association (NSSTA) or Society of Settlement Planners, Inc., the association websites and alternative structured settlement periodic payment providers.

Ongoing Ranking Tally (survey began 4/2007)

Times Ranked #1 in 3 month web traffic

• Structured Settlements 4Real     6
• Ringler Associates  1
• Beyond Structured Settlements   3

Times Ranked #2 in 3 month web traffic

• 4structures.com, LLC     5
• Structured Settlements 4Real®    4
• Ringler Associates     1

Further survey criteria:

Companies whose primary business is structured settlement factoring transactions are not counted in this survey as:

(i) despite the efforts of some to "frame" them otherwise, they are NOT part of the structured settlement industry- they are part of the cash flow, factoring or settlement purchasing industry; and

(ii) the additional purpose of this survey is to identify legitimate sources of information for consumers, attorneys or companies seeking structured settlements and the structured settlement brokers, certified structured settlement consultants, appointed structured settlement companies and agencies, United States Treasury structured settlement providers, or other financial professionals, who have the ability to place them.

1. Beyond Structured Settlements Blog (Pat Hindert) 691,402+
2. Structured Settlements 4Real® Blog (John Darer®) 1,860,725+
3. National Structured Settlement Trade Association (NSSTA) 4,036,707+
4. James Street Group 5,943,813-
5. Creative Capital 6,107.241+
6. EPS Settlements Group 6,327,834+
7. 4structures.com, LLC 6,646,472+
8. Settlement Professionals, Inc. 6,657,716+
9. Structured Settlement Services 6,801,602+ 
10. Ringler Associates 8,567,474+

Further survey criteria:

Companies whose primary business is structured settlement factoring transactions are not counted in this survey as:

(i) despite the efforts of some to "frame" them otherwise, they are NOT part of the structured settlement industry- they are part of the cash flow, factoring or settlement purchasing industry; and

(ii) the additional purpose of this survey is to identify legitimate sources of information for consumers, attorneys or companies seeking structured settlements and the structured settlement brokers, certified structured settlement consultants, appointed structured settlement companies and agencies, United States Treasury structured settlement providers, or other financial professionals, who have the ability to place them.

DealFlow Media Misplaces Credit on NSSTA Director... Gets It Wrong Again!

by Structured Settlement Watchdog®

In a slow week for it that was punctuated with its two stories about a "pillow fight" and the scandal concerning its staff reporter's credibility after this author discovered the "pin up" of the model's video on Alex Horvath's personal blog, DealFlow Media has tried to spin the story about NSSTA's Executive director search and is sensationally claiming a role in the decision not to hire Diane Swenson.

It has been claimed that the NSSTA's trade association management firm, Smith Bucklin, made a premature announcement concerning the purported hiring of Diane Swenson. According to DealFlow Media,  "after reviewing the item that appeared on Deal Flow Media's The Structured Settlements Wire, association officials looked further into her background, which included years of advocacy for tort reform. Swenson was then pulled from the NSSTA position, they say according to the spokesperson". 

Upon learning that Swenson was to be hired from the January 31, 2008 premature news release and, after discovering material on the Internet concerning Ms. Swenson's tort reform activities, this author contacted and confronted two NSSTA board members, including President Henry L. Strong to discuss Ms. Swenson and to express his concerns about Ms. Swenson's background. In addition he made a very specific inquiry if the purported "decision to hire" Swenson was vetted. Mr. Strong related to his author that Smith Bucklin's announcement on a PR newswire had been premature and that the Board was discussing the concerns, which he indicated were also raised by others.  The DealFlow story appeared well after the PR newswire and after those conversations. This author understands that other NSSTA members were outraged and expressed concerned upon learning of Ms. Swenson being associated with NSSTA.

The damage in the perception of NSSTA (and its members) with the trial lawyer community, as a direct result of Smith Bucklin's actions with the premature news release on the one hand together with the time that elapsed before NSSTA's official announcement (that that she would not be hired) on the other hand, is yet to be known.

NSSTA is a diverse group comprised of individuals and companies with different business models, whose clients include ALL TYPES of participants in litigation. While it is no doubt a challenge, Boards of Directors of trade associations, like NSSTA, have the non delegable duty to make decisions that represent the best interests of ALL of their members. Members of trade associations, such as NSSTA, have a duty to stay on top of the issues at the association level which could affect their businesses, to speak up and very importantly, to hold the Board of Directors responsible for their decisions.

The search IS still underway for a new executive director of NSSTA.

If The Medical Field Had Factoring Companies Who Behaved like This...

by John Darer®

 

Jonny Fence Dem, our dimwitted but well-intentioned former cub reporter from the "Daily Rumor:", reports of the sclerotic new development and market strategy of J. Gee Whiz.

X-----------------------------------------------

John " I have learned from highly reliable sources that J.Gee Whiz has decided to branch into the medical field. This is supported by an apparent new advertising strategy leaked earlier today".

X------------------------------------------------

'Tired of that beat up old liver?  Want a new car/boat/RV? Hey, it’s your liver- use it the way YOU want to! Call us!'

X------------------------------------------------

No word yet from the goose stepping eccentric Hedwig Pindork on where he stands on this "exciting new marketing opportunity" for the "secondary market"

A Satirical Look at Structured Settlements

by John Darer®

 

Maximillian S. Factor ("Max Factor"), the Structured Settlements 4Real® roving reporter unearthed this newly rejected factoring commercial from "Teach Fleas Capital" while rummaging through a dumpster outside a well known Florida advertising agency. Let er' roll Max!

 

“Were you injured in an accident and now have an annuity that is giving you guaranteed money every month from a solid source for the rest of your life? Are your children set for college, and is your retirement secure?

 “What were you thinking?

 “If you answered ‘yes’, call us.  We can turn that dusty old annuity into cash!  Just pick up that phone and in less than 10 minutes, you’ll be on the road to having that car you’ve had your eye on, or that vacation you’ve always wanted! 

“No more of that annoying steady structured settlement income, peace of mind, and restful nights. Trade them all in for a nice car, and the excitement of sleepless nights!

 “So call

1-800-782-5377/ that’s 1-800-SUCKERS – WE won’t be sorry you did!”

According to sources at "Teach Fleas" it was rejected because it made SENSE not CENTS.

The Great Peachtree Settlement Funding Lie...When Are Attorneys General Going to Look at Peachtree Settlement Funding Business Practices?

The following Google Adsense ad appears on the internet today, ironically next to my Linked In profile due to that blasted contextual advertising. Ugh!

Structured Settlements
Get All Your Money Now! We Pay Cash for Structured Settlement Payments.
PeachtreeSettlementFunding.com

The advertisement is a great big LIE. The claim is outrageous is an example utterly false and deceptive predatory advertising from a company that is targeting the most vulnerable elements of our society, including young adults, seniors, many of whom are profoundly injured people. This is not the first time I have commented on the ad about which, in another instance, I commented on in my post Recent Peachtree Bud..This Bud's Not For You in April 2007.

THIS IS VERY IMPORTANT! If you deal with Peachtree Settlement Funding you WILL NOT GET ALL your money now. In fact YOU WILL NEVER GET ALL YOUR MONEY NOW FROM PEACHTREE SETTLEMENT FUNDING OR ANY OF ITS COMPETITORS.

In fact you you will not EVER get all your money from Peachtree Settlement Funding. Peachtree Settlement Funding hasn't even shown itself to be a competitive source to purchase structured settlement payment rights.

Here's one piece of prima facie evidence of "The Great Peachtree Settlement Funding LIE":

Download 20070509161857_001.001.pdf . I don't believe Patricia Chambers would agree she got all of her money now or ever.

A subpoena of each and every statutory disclosure that Peachtree Settlement Funding has submitted (and is required in advance of a structured settlement factoring transaction) will also prove the "The Great Peachtree Settlement Funding LIE". What does it say about the morality and ethics of a company that carries out this business practice in this manner, knowing full well that what it says cannot be true?

In my opinion Peachtree Settlement Funding deserves to be hauled in front of federal and state regulatory authorities for the good of the most vulnerable elements of our society, including young adults, seniors, many of whom are profoundly injured people. I also encourage every trial lawyer, structured settlement broker and settlement planner, or anyone who cares about the most vulnerable elements of our society, including young adults, seniors, many of whom are profoundly injured people, to write to the attorney general in their state as well so that this predation can be stopped.

The National Association of Settlement Purchasers (NASP) which considers Peachtree Settlement Funding its second largest member ought to reflect on the shame that Peachtree Settlement Funding is bringing on its members who are trying to do the right thing for aforementioned consumers.

DealFlow Media's Alex Horvath's New "Stunt" To Cost Further Loss of Credibilty With The Structured Settlement Industry

02/27/2008 6pm THIS JUST IN!  It seems that DealFlow Media's Structured Settlements Report staff writer Alex Horvath has posted "a video shrine" to Marlies Pinto on his personal blog "Sleep Deprived"** which includes the SSI "supposed to be destroyed videos". Who can take this "drool" seriously now?

Consider that Horvath has specific knowledge that the videos were never aired as commercials, has specific knowledge that the ad agency and the employee responsible were dismissed, and specific knowledge that the videos were supposed to be destroyed and yet still had the "intestinal fortitude" to post "the shrine".

**02/27/2008 644PM It's gone.  WORD... WORD UP!

Download pinto_reference_on_horvath_blog_2272008.pdf

The Acquirer Doesn't Realize That "Size Matters"* and the Seller Advertises A Professional Designation That Does Not Exist

Noted author and structured settlement factoring promoter Patrick Hindert has announced that The Snyders are selling their structured settlement general agency, Delta Group to Upchurch Financial Services and showered them with platitudes. I hate to rain on "the lovefest" but somehow he missed this...

In honor of the event and in a massive "F.U." to regulators, Delta Group (The Snyders) has re-posted the misleading FAQ page which holds out many of Delta Group's people as being "Registered Settlement Advisors", a "professional designation" that does not appear to exist.

Download delta_group_customer_faqregistered_settlement_advisor_designation_representation_2272008.pdf

Dave Snyder was one of the first people I met with in the structured settlement business and someone I once highly respected for his wisdom. Considering who our industry serves, Delta Group's misleading advertising of a non existent "professional designation" to induce business is a needless black mark on The Snyders otherwise respectable career in this industry. What false sense of pride is preventing Dave Snyder from doing the right thing?

* See previous post re: Upchurch Financial Services and its "468(b)" expertise. Click link in right column.

DealFlow Media Forced To Retreat From YET ANOTHER MEDIA DISASTER With its Structured Settlements Reporting

by Structured Settlement Watchdog

Deal Flow Media ("Deal Schmo") has now been forced to back track from a report about LawCash that should never have been published because DealFlowMedia reporters apparently never confirmed the facts.

Confirming the story Structured Settlements 4Real reported yesterday, DealFlow Media Structured Settlement Newswire carried the following:

"Harvey R. Hirschfeld, president of LawCash, said that the videos were created by an employee who had been working with a New York City advertising firm the company regularly used and that had promised creative ideas. Hirschfeld said that both the employee and the production company were discharged from their duties the minute he saw the finished product. 

Hirschfeld said it angered him that the videos would suddenly appear on youtube when he had been under the impression that they had been destroyed.

"We are a legitimate company with solid standards and ethics, and we would never put this out," Hirschfeld said. "When it came out, we put it directly into the garbage can. [The videos] never appeared on any media." "

The continued shoddy reporting of DealFlow Media in the structured settlement space underscores why this author believes that paying $1195-$1500 for subscriptions to its Structured Settlements Report would be an utter waste of money. What "C-Suite executive" would put up with this crap? Is the opinion of Marlies Pinto on structured settlements worth $1195-$1500?  Hell no! Why not just hit the newstand for the latest issue of Playboy . Even the Victoria's Secret catalogue is a better option and more cost efficient. Is the "Dancing Bair's" opinion worth that kind of money? Hell no! And if you are a potential advertiser, based on what you've just seen, consider what "credibility" DealFlow Media now has in this space? ZEE-RO

Next time DealFlow Media's Alex Horvath or Brett Goetschius call pumping you for information or want to show up at your next event remember how (1) DealFlow Media sanctioned the video story was newsworthy (2) how it was reported.

And to the "creative talent" in that Madison Avenue advertising agency who produced those videos, get a clue . Where are your ethical standards? The target market for these ads are vulnerable tort victims, some of whom are impressionable young adults, seniors and profoundly injured people. Where do YOU draw the line?

02/27/2008 5pm THIS JUST IN! It seems that DealFlow Media's Structured Settlements Report staff writer Alex Horvath has posted "a video shrine" to Marlies Pinto on his personal blog "Sleep Deprived". Who can take this "drool" seriously now? 

West Virginia Structured Settlement Factoring Bill Update HB4613

by Structured Settlement Watchdog

The Charleston Daily Mail story covered yesterday has been discovered to be partly inaccurate due to the fast moving nature of the bill. This author has highlighted the latest version of WV Bill HB 4613 which has passed the WV House and is now in the WV Senate. The blue highlights show the latest changes.

§46A-6H-3 Requirement of court approval for certain structured settlement transfers

(d) The court may appoint a guardian ad litem for the consumer in all cases and shall appoint a guardian ad litem in any case where the structured settlement payment rights belong to an infant, incompetent or ward of the court. The guardian ad litem shall review the requisite disclosures and make an independent inquiry to determine whether the proposed transfer is fair, reasonable and in the best interests of the consumer and any dependents of the consumer as well and determine if transfer has been attempted or accomplished before.

(f)(1)  After a hearing or upon its own motion the court may approve the transfer if the court finds that the consumer has clearly demonstrated that (A) he or she, or his or her family is facing a financial hardship that the transfer would alleviate and that the transfer would not subject the consumer or the consumer's family to undue financial hardship in the future; or (B) the transfer is in the best interest of the consumer. Provided that the judge shall inquire of the guardian ad litem and the transferee as to the possible adverse tax consequences to the consumer and inform the consumer of the result of said inquiry

(g) The court shall award the guardian ad litem reasonable fees for representing consumer. Attorney fees and costs shall be paid by the transferee

(h) A consumer may request court approval for a transfer that does not mandate court approval under this section. Such voluntary petition by the consumer shall the become subject to the provisions of this section. The transferee shall be responsible for filing the action pursuant to subsection (b) of this section and shall be responsible for attorney's fees or guardian ad litem fees

So in its present form, if passed, the bill clearly gives the judge has the power to appoint a guardian ad litem, even to mandate one on certain cases. The fees would be the responsibility of the transferee (purchaser).

Complete tracking of bill in its present form click here

The Factoring Battle in West Virginia Continues

by Structured Settlement Watchdog

The Battle for West Virginia continues . A bipartisan group of West Virginia delegates is pushing a new bill that adds restrictions for structured settlement transfers (structured settlement factoring transactions).

West Virginia Delegate Ron Walters has introduced a new bill  that would require courts to appoint a guardian ad litem, to protect and represent the claimant's interests in structured settlement factoring transactions. Under current law, an attorney is not required to be present on behalf of the person cashing in their settlement.

The structured settlement recipient consumer would also have to prove clear and convincing evidence that he or she is experiencing an immediate financial hardship in order to sell rights to their structured settlement payments. Such standard is already common for those seeking to make withdrawals from pension plans prior to retirement. Finally, the so-called factoring companies (who purchase structured settlement payment rights) would be required to pay their own attorneys' fees in court.

The new bill differs slightly from the one that didn't make it past the WV House Banking and Insurance Committee with a discount rate cap that would have effectively killed factoring in WV due to the rate cap being much lower than the typical factoring company's cost of money. This author understands that issue to have been compromised to a factor above prime rate. After its introduction the new bill was referred to the WV House Judiciary Committee.

"They thought it'd put them out of business, which is exactly what I want to do," Walters was quoted by this morning's Charleston Daily Mail . "Everyone's seen the commercials about getting cash now from a structured settlement payment. They're just preying on people."

A number of factoring companies feel the bill is bad for consumers in West Virginia, because it will reduce the number of opportunities and add costs to structured settlement factoring transactions. Consider that the millions spent on TV advertising is also a cost factor that has to be built into certain companies' quotes. Walters was quoted, again in today's Charleston Daily Mail "This bill is a step in the right direction," Walters said. "If an individual is really hurting and needs the money, they'll be taken care of."

For Charleston Daily Mail coverage please click here