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Attention Attorneys: Beware of the Online Fraud

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Are you a solo practitioner? Do you have a small or mid size law firm? This article is for you to protect your assets, business, and reputation from scammers that have already defrauded hundreds of lawyers and ruined many practices.

The story line may develop in a several ways, but conceptually it goes as follows. First, you receive an email with a simple question: do you handle breach of contract claims? If you do or if you don’t but are willing to inquire into it, and thus say yes, then you receive a follow up email with a short description of the issue:

We appreciate you giving us a chance to discuss our case. We placed an order for some goods from XXXXXX back in August, 2014 and the terms of the sales contract requires we to pay 50% of the total cost of the ordered goods before delivery and the balance after we have received the same goods. However, after we made the 50% initial deposit, we did not receive any goods as required. The goods ought to be delivered in September of 2014. More time was given to them to deliver the goods, which they were still unable to meet with. Hence, we requested for a refund.

We have made several efforts to have them refund the initial deposit, but to no avail. We have therefore decided to resort to legal means since there is an existing agreement prior to the transaction. Find below details of the supplier for your conflict check.

The email also indicates that the client’s company is overseas, and they might have difficulties coming over because of the distance. You apply your due diligence and surf online seeking whether the foreign company and the local breaching company are real. Both of them exist and usually are serious companies with proficient websites.

So far so good, standard situation between buyer and seller, typical breach of contract – first year of law school. You reply that your fees are contingency based, and you will charge 33% of the recovery. You also say-of course you want to represent a foreign company and may be market yourself in perspective as an international commercial litigation firm-that because the Client suffered losses as a result of the breach, they are entitled to consequential damages as well. Further, you ask them for more documentation to assess the case and the losses.

Same day, the response is in your email box:

Following our request for a refund, they appealed to setup payment in 2 installments within a month interval, of which the first installment was paid on the 20th of November, 2014 in the amount of $497,500.00 after so much reminder and threat of involving a lawyer (payment receipt attached also). The balance was due in December, 2014 and since then, all our efforts to have them remit funds proved abortive. Detailed are all contained in our attached correspondence with XXXXXX.

In summary;

Total amount of goods ordered: $2,540,891.00

Initial deposit made to XXXXXX: (i.e. 50% of the total amount): $1,270,445.00

Amount refunded (on the 20th of November, 2014): $497,500.00

Balance amount due to Kyoei Steel Ltd: $772,945.00

“Oh my God, this is the case I have been waiting for, my prayers have been answered: I will pay off my loans and buy a new car; I am also going to have a vacation in Hawaii and buy a Pomeranian for my daughter.” Not so fast, breath. They asked for a retainer, which you will send them. They also attached all the documentation: contract for sales of goods, payment order, bank remittance application, correspondence with the local company, etc. You check everything carefully: the names, the dates, the goods, the name of the banks: all looks legitimate! OK, you draft a standard retainer probably reading it in its entirety for the first time and fondly attach it to the reply email: inhale, exhale, send. Now, you wait nervously when the wealthy foreign company’s CEO analyzes the retainer and flags down the green light.

You are looking at the famous painting by Salvador Dali “The Persistence of Memory” because time has slowed down drastically, and you have not slept for 3 days thinking about Pomeranian. That sunny and pleasant morning you will never forget, when you receive an email from the foreign CEO where they congratulate you on a new hire and attach the last page of the retainer with the signature. You burst out crying, hug your spouse, and do the victory dance. For the first time in years, you say “hi” to the front desk people, smile, and blow an air kiss to the cleaning lady stunning them for hours. You fly like a butterfly.

Compliment of the day. Having reviewed your retainer agreement, we are unanimously content with the details portrayed therein and have decided to employ the services of your firm to help bring legal action against XXXXXX for breach of the sales contract.

Find the attached signed page of the fee agreement and corresponding mail form XXXXXX. We have informed our debtor XXXXXX of our desire to retain your law firm to take legal action against them. Thus, We received a response from them. Any corresponding mail received from XXXXXX would be forwarded to your attention.

Once in the office, you shoot an email to the local breaching company advising them that you represent the overseas company in the breach of contract claim and all the communication between the companies should cease. The contract also provides for the attorney’s fees to the prevailing party. Now you own them.

You start drafting a complaint and strategize the litigation pattern. But you cannot believe your eyes when you receive an email asking not to file a suit because XXXXXXX company magically decided to comply after a year of negotiations. Hm, that is definitely because you were hired. The breaching company now promise to issue a partial payment within days:

We plead for you to give us a week to remit full payment. A Part payment of $489,650.00 would be remitted between today and Wednesday. We assure you that you would have your funds/Damages caused by our company in less than seven working days to avoid taking the case to court, for this will dent our company reputations.

The day X has come. You are having penne a la vodka with a Greek salad ordered from the local Italian restaurant, when the secretary brings you an envelope with the back address of the local breaching company XXXXXX. The chills go down your body. With the shaking hands you open up the envelope and… you black out, because you received the check for partial payment in the amount of $489,659.00 from XXXXXX company and the letter promising to issue another check with the balance within a week.

You are lying on the floor with a silly smile and glazing at the ceiling. When your staff brings you back to conscious, you start acting swiftly. First, shoot an email to the client; second, deposit the check to the trust account; third, place an order for a three-month Pomeranian, and order a case of Cuban cigars.

You walk in a local bank like a boss. You don’t look at any one. Everyone feels the vibe that you are the one. The branch manager rushes to you, shakes your hand, and asks if he can help. You slowly take the check out of your folder and hand it to the manager. You see how his pupils expand, breath drops, and sweat comes out on his forehead. You know exactly what he thinks. He runs back in his office and from this minute chaos settles in the bank. When the check is deposited, you walk out of the bank like a champion: the manager holds the door for you, and everyone is looking at you because they know: you have succeeded in your life.

Your client is delighted. They thank you and praise you, they want to hug and kiss you, but they cannot because they are overseas. The client asks you to remit the funds (minus the 33% contingency of $163,219.67) within 24 hours as they have responsibilities under other contracts. At this moment, you do not see, hear, speak or understand. You carefully subtract your contingency from the total and promptly wire $326,439.33 to the foreign bank and close the office earlier giving everyone two paid days off. Life is great!

Two days goes by. You drive to your office listening to the latest news that Donald Trump has just filed a law suit against dark forces requesting issuance of the injunction, when your personal banker calls you and tells you that the check you posted a few days ago bounced…

You are parked at the Shell gas station. You are bluntly looking at the passing by cars and people. Seconds turned in minutes, minutes in days, days in eternity. The brutal realization slowly takes over your mind.

Don’t want this to happen to you? Here some tips to determine the scam:

• Call the local allegedly breaching company and inquire into the contract matter.

• Look at the email address form which you receive the emails: make sure it is from the same server the company has its website at and not from @comcast.net; @XXX.edu and like.

• If the company overseas, calculate the time difference and track the time when you receive emails from them: see if the calculations match the normal or maybe extended work-day schedule in the country where the client is from.

• Be aware of the competence of the client in the legal field. The more expertise the client possesses the more suspicion you should have.

• Ask for a Skype call.

• Use common sense and listen to your guts.

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Dish Network Verses DirecTV – Which Is Better in Adult Programming?

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The two satellite TV service providers, Dish Network and DirecTV delivers a wide range of programming that includes Movies, Music, Sports and many more to their valuable subscribers. Adult programming is one such programming with lots of adult channels, adult TV shows and movies that will quench the thirst of adult subscribers. Subscribers can subscribe to the Adult programming package on monthly basis. Besides monthly packages, subscribers can order for limited hours of Adult Programming via the amazing Pay per view option also. Through this pay per view, Adult subscribers can enjoy their favorite programming without subscribing to any monthly package and they can pay less to watch what they wish, only for limited hours. This article guides the reader to know more about Adult Pay per view events in both Dish Network and DirecTV and the Comparison between them.

Adult Pay Per view in Dish Network

Dish Network delivers a wide range of the hottest adult programming via Dish Network Pay Per View. Adult Pay Per View option in Dish Network allows subscribers to purchase Adult programming only for limited hours without subscribing to any monthly package. Playboy TV, XTSY, fresh!, Hustler HD, Hustler TV SD, JUICY, Real, Reality Kings TV and Adult Showcase are the Adult channels delivered via Dish Network Pay Per View to adult subscribers.

Playboy TV is a X service channel that allows subscribers to engage in all passion and fun of playboy brand that includes late night movies, wild reality shows and late night specials. Subscribers can enjoy all these programming for just $9.99 in Dish Network.

Xtsy is a XXX adult channel that features top stars showcasing the newest talent. It also delivers adult movies without censor. This XXX channel can be ordered via pay per view for $13.99.

Hustler TV is a XX.5 service channel that delivers the hottest adult entertainment with most exclusive movies from big stars to fresh amateurs. Subscribers can experience the total reality and hilarious porn parodies in amazing high definition.

Hustler TV can be enjoyed by subscribers in both HD and SD just for $13.99. fresh! is a XX.5 service channel that focuses mainly on fresh girls and fresh themes. Newest performers in the business, groundbreaking series, casting calls and much more can be enjoyed for $13.99.

Real takes adult subscribers to a new level where they will experience real scenarios and real content without scripts and setups. It is a XX.5 service channel provided for just $13.99. With XX.5 service channel Reality Kings TV, subscribers can enjoy the new adult TV experience with variety of wild, fun sexual situations for just $13.99.

For $13.99, Juicy, the XX.5 service channel shows lots of fascinating fantasies from all around the globe. It delivers the hottest scenes from movies that cannot be enjoyed anywhere by subscribers. Adult showcase is a XX.5 and XXX service pack that delivers adult channels namely Xtsy, Hustler HD, Hustler TV, Reality kings, Juicy, Fresh and Real for about 3 hours for $17.99 only.

Adult Pay Per View in DirecTV

DirecTV is the abode for the hottest adult entertainment that delivers lots of movies and adult shows to their subscribers via Pay Per View. There is no monthly subscription is needed to view Pay Per view events. Adult Pay per view events can be viewed only for limited hours. Playboy TV, Reality Kings, Real, Juicy, fresh!, Spice: Access, Hustler TV and All Access Pass are the adult channels delivered by DirecTV via Pay Per View.

The Sensual channel that provides adult programming round the clock is Playboy TV. Programming consists of late night shows, adult movies and wild reality shows and subscribers can subscribe to this channel via pay per view for limited hours for just $9.99.

“Milf Hunter”, “In the VIP” and “Money Talks” are the shows delivered by the adult channel Reality Kings TV who are the creators of “Reality” content on Internet. Subscribers can experience a new adult programming in Reality Kings for $10.99.

Real channel showcases lots of reality shows with no scripts, no setups and no pretending shows. Subscribers can enjoy real people in real scenario with raw and uncut action for just $10.99.

The hottest sensual channel that shows lots of Eastern European hotties, Latin Ladies, Asian dolls and some other unique faces from all around the globe is the Juicy. In Juicy, Subscribers can enjoy the hottest scenes from movies for $10.99.

fresh! is the sensual weekend adult premier with fresh faces and fresh content in the business. The groundbreaking series, casting calls, reality programming and theme auditions can be enjoyed by subscribers in fresh! for $10.99.

Spice: Xcess is an exclusive and exciting weekend premier with varieties of performers and specialised content. This channel can be ordered for $10.99. Hustler TV satisfies adult subscribers by providing hottest action, new adult movies and the hottest talent round for $10.99. All Access Pass is an three hour block adult pay per view package where subscribers can enjoy 6 channels for one low price. Subscribers can subscribe to this 3 hour block package with the help of their remote for $14.99.

Comparison

Adult Pay Per view of both Dish Network and DirecTV, the two satellite TV providers delivers almost same kind of programming to their subscribers. Though the programming remains the same in many aspects but differs slightly when compared with each other. Playboy TV, Reality Kings Tv, Real, fresh!, Juicy are the adult channels available in both Dish Network and DirecTV with same programming.

Even though, they are delivering same adult channels and programming, they vary in their pricing. Dish Network provides these adult channels for $13.99 whereas DirecTV offers less than Dish Network ie $10.99. Hustler TV in Dish Network allows subscribers to experience the adult programming in both HD and SD. On the other hand, in DirecTV Hustler TV can be enjoyed only in SD. Xtsy is an adult channel that delivers adult movies without censor is available in Dish Network and not available in DirecTV. On Contrary, Spice: Xcess, the weekend adult premier is available with DirecTV and not in Dish Network. All Access Pass is a three hour block adult pay per view package with 6 channels for one lower price $14.99 is accessible in DirecTV while Dish Network delivers Adult Showcase pay per view package that also delivers three hour block adult pay per view package with 6 channels for $17.99. When comparing the adult pay per view of both Dish Network and DirecTV, they resembles the same in many aspects and differs in Pricing.

In terms of pricing, DirecTV provides adult pay per view programming for less amount than Dish Network.

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Why You Need a Bankruptcy Attorney

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If you’ve found yourself sinking in debt, bankruptcy can start to look like an attractive option. Yes, you will lose credit and assets, but you will also be able to pare down your debt and get relief from harassing creditor calls. Some people try to file bankruptcy without the help of a lawyer, but there are some very good reasons why you shouldn’t attempt that.

Bankruptcy Law is Complex

First off, there are several different types of bankruptcy: Chapter 7 and Chapter 13 for individuals, Chapter 11 for businesses, and Chapter 12 for farm owners. Knowing which type of bankruptcy to file for is imperative. Too many individuals who try to go it alone end up filing for the wrong chapter, which results in the loss of valuable assets or in some key debts not being discharged.

A bankruptcy attorney can advise you on the type of chapter that fits your situation the best. He will also be able to inform you of potential tax consequences and asset losses you will face. For example, will your house and car be taken in the bankruptcy or will you be able to keep them? A bankruptcy attorney might be able to help you exempt certain assets, such as your house, from being taken.

No one besides a lawyer is allowed to give you legal advice. If you’re trying to do it on your own, you’ll have a difficult time getting answers.

Bankruptcy Forms are Complex

Have you ever tried to fill out a legal form? It’s complicated. In a bankruptcy, it’s easy to miss required forms that affect your case. There may be up to 20 forms that you need to file. Chapter 11 bankruptcies for businesses are especially complicated.

A bankruptcy attorney can show you how to fill out forms or even fill them out for you. In the legal world, if a form is filled out incorrectly or is missing information, it can hurt your case. It can cause your case to get dropped or subject you to fraud charges, in the event that the bankruptcy trustee finds out that you left out information. Everything you state on a bankruptcy form is filed under the penalty of perjury. It’s serious business.

Bankruptcy Procedures are Complex

When you’re navigating bankruptcy court by yourself, you’re responsible to read up on the proper procedures. Which form do you file first? Where do you submit your forms? How soon do you need to file them? Have you met all the eligibility requirements? Yes, you’ll need to qualify to file bankruptcy.

Self-filed bankruptcy cases frequently get dismissed due to administrative errors-failing to file the right forms in the right time frames, failing to provide documents, failing to show up at the meeting of creditors, failing to make payments on a Chapter 13 plan, and more. A bankruptcy attorney will keep you on your toes.

Bankruptcy is a last-ditch option to resolving an insurmountable financial crisis. While it’s not an easy process by any means, it will be much easier with a lawyer at your side.

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Jase & Rodo’s Kimberley Fishing Adventure

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When I first heard of Jason Andrews and Rodney Quinton and what they were doing, I was filled with both excitement and trepidation. The question was, do we have two modern day adventurers in the making or do we have a couple of cowboys just having a laugh?

After tracking down and talking with the boys and watching their DVDs, I found my answer.

I was excited about the rawness and veracity of what they were doing, what you see is exactly what happened – no camera crew, no production company and no script. I offered to write a review series for them, detailing their adventures, so here we go.

Part One

Jase and Rodo, based in Noosa, Queensland, towed their boat through Central Queensland, into the Northern Territory and finally into West Australia to reach those special parts of Australia that remarkably, few people get to see.

The 4X4 and trailer were already showing signs of an outback adventure, but the truth was that until they leave the 4X4 behind in a safe location and launch the boat, then would the real fishing adventure begin.

Clocking up the kilometers along the Tablelands Highway and then on the Carpentaria/ Savannah Highway they finally reached King Ash Bay on the Macarthur River. After a good night’s sleep and a final check of the gear, the boys would launch the boat in King Ash Bay and then set a course for the Sir Edward Pellew group of Islands.

The early morning sun was getting higher; the temperature was a balmy 32 oC (89 F) and the breeze was barely enough to cause a ripple on the sea. Being late September, Spring in the Southern Hemisphere, the humidity was a mere 76% – a far cry from ‘The Wet Seasons’ 95+ %.

The first stop was the river mouth at a spot known locally as Sharky’s Point. There, they caught a few nice Barramundi. The fishing was ideal with calm waters, a slight breeze that helped stay cool, plenty of fish on the bite and no mozzie’s! (mozzie is Aussie slang for Mosquito) Enjoyable as the fishing was, now was not the time to stock up on fresh fish.

The next stop was David Island nestled between the much larger North Island and Vanderlin Island to the South. David Island is extremely small and belongs to the Yanyuwa Aboriginal People. The Island is essentially a rocky out-crop with a small sandy beach on one side and is only a speck in the ocean, but since they were told the fishing was outstanding, they had to give it a go.

The run from King Ash Bay out the Macarthur River to David Island was around 32Nm and since the water was glassed-out the 150hp made short work of the distance.

Once at David Island, Jase & Rodo were flicking their favorite hard body minnows pulling up Cod, Trevally, Queenfish, small sharks and the occasional Mangrove Jack although there was not many Barra about. What they actually needed was fresh bait, so they found a sandy stretch over on North Island and Jase threw the bait net while Rodo kept an eye out for crocs.

The crocs to look out for in this part of Australia are the Estuarine Saltwater Crocodile, as opposed to Johnson’s freshwater crocodile. Saltwater crocs are more than willing to swim from the mainland to any of the outer islands and North Island is no different!

With a good supply of live bait, the boys headed out to a shoal located 30 Nm out from the Sir Edward Pellew Island group and there they got stuck in to some non-stop fishing action, catching everything from Chinamen to large Trevally, Shark and Red Emperor.

The sounder was glowing with massive schools of Tea Leaf Trevally in the 6 to 8 Kg range. They were guaranteed a fish every drop! It was hot – in fact it was 42 oC hot and the Trevally were just as hot!

By late afternoon the mozzies were getting thick due to no wind so the boys found their way back to North Island to set up camp which comprised only of a fire and their swags. (a swag is a thin mattress and a sleeping bag all in one) For dinner they ate the Trevally they kept and Oysters that they found on the rocks as well as Damper that Jase made in the camp oven.

The next morning they had a proper look around the Island scouting possibilities for next time they visited before heading back to King Ash Bay.

In the next article, the boys head for the West Australian border and get in to some bother in the – now dry – Pentecost River by breaking an axle!

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Legal Practitioners

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The council should be careful in performing his professional duties. If a counsel, by his acts or omission, causes the interest of the party engaging him, in any legal proceedings to be prejudicially affected, he does so at his peril.

In India, Section 5 of the Legal Practitioners (Fees) Act, 1926 provides that “no legal practitioner i.e. advocate, vakil, pleader, mukhtar or revenue agent, who has acted or agreed to act shall, by reason only of being a legal practitioner, be exempt from liability to be sued in respect of any loss or injury due to any negligence in the conduct of his professional duties”.

In Somasundaram v. M. Julius Meichior and Co., [(1989) 1 All ER 129 (QA)1, the plaintiff who had been goaled for an assault upon his wife, sued his solicitors, alleging that they were guilty of negligence in advising him to plead guilty.

The Court of Appeal upheld the striking out of the action and found it unnecessary to decide whether the solicitor’s immunity from suit extended to the advice given.

In Manjit Kaul v. Deol Bus Service, [AIR 1989 P&H 183], plaintiff’s husband died in a road accident, filed an appeal through her counsel for enhanced compensation.

The case remained on the daily list for two weeks and then it was dismissed in default because the counsel failed to appear on behalf of the client.

The application for re-hearing of the appeal also became time-barred, because the council did not communicate with the party anything about the appeal for years.

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Affordable Search Engine Submission Optimization Service

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Sometimes it is hard for web masters especially the ones who are just starting out to promote their web sites. This is because they are short in the financial requirements of some quality search engine optimization firms. Yes, it is good to employ the top of the class S E O Company in view of the fact that they provide better service and you will garner a better result. However, it will be more of an advantage to the part of web owners if they can come across to a firm that can give an affordable search engine submission optimization service and quality results.

It is difficult to search out for credible S E O corporations that offer affordable search engine submission optimization service with top quality involve. It requires rigid attempts in the web owner,s part through thorough research and surveys to accomplish such task. The good thing is that once a web runner encounter such firm, they are fortunate enough. Aside from the attribute in which they can take advantage of an affordable search engine submission optimization service they are also assured that the results that they will realize are satisfying. Traffic to their site will surely increase thus boosting the potential of acquiring more accounts.

As we all know submitting a web site to a search engine is the first process to promote your site. However, it does not mean that you have to pass your site to a large quantity of search engines to achieve that. It is costly since not all search engine list a website for free. More often than not they require a standard fee from the site owner to carry out that task. Think this way; internet users often visit the top search engines to find what they are interested in. So it is better if the S E O Company that you will hire will target only the most important search engines that the Internet users frequented. Focus on that and you are ensured of a much inexpensive way to optimize your site and being listed. Quantity does not really matter, quality is.

No firm can guarantee a site owner that they can be on the first pages of a search engine ranking. What is vital is that the S E O firm that you will acquire will do a follow up on the registration process and would also bring in reports to you in a specific time. With that you can track down the progression of your web site into the search engines, lists and you will be able to see if they are doing their job or not.

Now you already know what to look for in order to locate an affordable search engine submission optimization service company. It is an advantage to you if you research the background of your chosen affordable search engine submission optimization service company first with the intention that you can obtain information such as if they are a fine, trusted and credible institution or not. Then if they are, compare the price difference that you can incur if you pick a particular S E O company from another. You can also inquire from your fellow web masters too.

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Measuring Total Customer Experience in a Mobile Environment

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As more and more consumers are beginning to use mobile devices and tablets, we are seeing a shift from personal to a more digital environment. When it comes to improving customer service for your brand, it’s important to pay attention to these technological advancements and what they mean for you.

Pew Research recently conducted a study on how consumers use mobile devices during their shopping experience. The study, conducted one month prior to and one month following Christmas, found that more consumers are using mobile devices to influence decisions. The results showed that 35% of consumers purchased products they found while shopping with their mobile phones in-store and 19% of consumers purchased online directly from their phones.

What does this mean for your business? Consumers are no longer only interacting with your product or service through television ads, their desktop computers or in-store, but they are engaging on a mobile level so measuring total customer experience now needs to include mobile. Let’s take a look at one company that, after trial and error, developed a mobile website that could be seamlessly integrated into the lives of their customers. 

Target’s Road to Success

Recently, Target revamped their mobile website to make it more functional for users as a way of improving customer service. When it first launched, their mobile site was just a duplicate of their website built for mobile. This means the buttons and text were small, making it difficult to press buttons leading through other pages of the site or to purchase products.

Through research and feedback, Target was able to assess and optimize their website for mobile use. This means the site would be made to fit a mobile-sized screen with bigger buttons and easier scrolling capabilities.

Measuring total customer experience is no longer just about product placement, employee interaction and the atmosphere, it now needs to include mobile usage. Here are two steps you can take toward improving customer service via mobile. 

Mobile Improvements

If your company is on Facebook, Twitter or you currently have a website; consumers will be visiting your mobile site as well. This is something you need to be prepared for, whether you’ve optimized or not.

Go Mobile: Factor a mobile strategy into your complete customer experience program. Optimize your current website to be used on a mobile-sized screen. This means bigger buttons and possibly less content depending on the size of your website. You may need to contact a digital company to fully integrate a mobile strategy.

Test Drive: If you’re unsure of whether your current mobile site is user-friendly, consider hiring a mystery shopping company to assess your mobile site, as well as your in-store customer experience. Mystery shopping provides will be able to look at the customer experience objectively and offer actionable feedback that encourages profitable results.

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