There are many different versions of the contest and prize giveaway scams,
but in every case the consumer is asked to buy a product or simply send money
in order to obtain the prize. Such solicitations may be done by a telemarketer,
direct mail or via the internet. As great as the "pitch" may sound, the only
one who will get rich is the promoter, please remember:
- Telemarketers can be very aggressive. Don't let them talk you into sending money, giving your checking account number, credit card number or social
security number to them in order to secure some "fabulous prize or award". NEVER GIVE SUCH
INFORMATION OUT OVER THE PHONE UNLESS YOU PLACED THE CALL AND KNOW EXACTLY WHO YOU ARE
DEALING WITH.
- Keep in mind that regardless of the method of solicitation used, you are in control.
You can tell a telemarketer no, ask them to place you name on their "no call" list and hang up
the phone. Direct mail can be thrown away and the "delete" button can quickly rid
you of unwanted e-mail. If the solicitor comes to your door, you can avoid answering the door
or tell them firmly that you are not interested and close the door.
- Avoid the temptation to call a 900# to find out more about a prize.
Many times such calls charge up to $30 per minute and spend several minutes congratulating
you before explaining anything about how you can claim your "worthless" prize.
There are numerous legitimate organizations providing assistance and relief to those in need in our
community and beyond. Yet, more and more con artists are using "phony" charities to scam generous
consumers out of millions of dollars. If you want to help, contribute only to organizations that you know well and who
willingly provide written information about their charitable efforts. If you are thinking about contributing
consider several things before you make your pledge:
-
The Kansas Charitable Organization and Solicitations Act,
K.S.A. 17-1759 et seq., requires charitable organizations, fundraisers, and
solicitors to register with the Secretary of State.
-
Know what percentage of your contribution actually goes for the charitable efforts. Remember
that high administrative and other such expenses may be a method to hide the solicitors profits
for raising the funds.
- Beware of direct solicitations that are high pressure or overly emotional and remember that legitimate
charities will give you plenty of time to decide whether and how much to donate.
- Remember that fraudulent solicitors may pose as members of local law enforcement or use a
organization name that is very similar, but in no way connected with, a well
established and well known charitable organization.
The Wichita Area Better Business Bureau (316-263-3146) can provide
information on many specific charities. Additionally, the State of Kansas
provides a website where one can find information about charities that must be
registered in the state; you can access it at
www.kscharitycheck.org.
Finally, the Kansas Attorney General has published a brochure to assist you in
you decision to give; it can be accessed at
www.ksag.org/files/shared/CharitableGivingGuide.pdf.
Homeowners should be especially careful when having work done to their home.
If damage is caused by a Kansas storm, homeowners are very anxious to
have repairs done as soon as possible. Such storms attract con artists who go
door-to-door offering immediate repair services and promising to do the work at a very
attractive price. The added demand for repair work may make it difficult for consumers
to obtain repairs from established local contractors and this results in homeowners being
especially vulnerable to home-repair rip-offs.
Repair or remodeling projects should be carefully planned. Homeowners should talk with
contractors about their plans, the costs involved and the expectations for the completed job.
This can be a challenging experience as workers invade your home in order to complete the project.
Homeowners should remember the following:
- Only deal with contractors who have an established area business. Out-of-state
contractors may not complete the work and any warranties may be worthless if they are no longer
in the area when defects are uncovered later by the homeowner;
- Obtain at least three bids on any major repair or remodeling project and check references to
avoid a contractor who does substandard work. Be especially cautious if one of the
bids is much lower than the others;
- Confirm the contractor is licensed by the City of Wichita (268-4413), Sedgwick County
(383-7951); and/or your local code enforcement office {if the contractor tells you they do not need to be
licensed, confirm that with the code enforcement office};
- Ask for proof of the contractor's liability and worker's compensation insurance to help protect
you as a property owner against any claim in the event someone is injured while the work is being done on your
property and confirm that the policies are current by calling the insurance agent;
- Make certain that all important details concerning the work are written into the bid and contract
including: the dates the work will begin and is expected to be completed, the total cost of work, the type and quality
of materials to be used, how and when payments will be made, and the provisions of any and all express warranties on the materials
and labor.
- Find out from the appropriate building code enforcement office what permits and inspections are required
for the work being done and avoid a contractor who wants you to secure the
permit;
- In addition to the District Attorney's Office and the City and County Code Enforcement offices, consumers
can contact The Wichita Area Builders Association (265-4226) for more specific or technical
information relating to the selection of a contractor.
If you use credit cards, owe money on a loan, or are paying off a home mortgage, you are a debtor.
Most Americans are. You may never come in contact with a debt collector; but if you do, you should know
that there are laws to make sure you are treated fairly most relevant is the
Fair Debt Collection Practices Act. The following are some main points taken
from the Act:
- A debt collector may contact you in person, by mail, telephone or telegram. However, a debt
collector may not contact you at inconvenient or unusual times or places, such as before
8:00a.m. or after 9:00p.m., unless
you agree. A debt collector may not contact you at work if the collector has reason to know that your employer
disapproves.
- You may stop a debt collector from contacting you by writing
a letter to the collection agency telling them to stop. Once the agency receives
your letter, they may not contact you again except to say there will be no further
contact or to notify you that some specific action will be taken.
- If you have an attorney, the collector, once they are notified,
must contact the attorney instead of contacting you. If you do not have an attorney, a debt collector may contact other people,
but only to find out where you live or work and they cannot discuss the debt.
The law specifically states that debt collectors may not harass, oppress or abuse
any person. This includes the prohibition of the use of threats or violence,
use of obscene or profane language, making telephone calls without identifying the
caller or in any way advertising your debt.
For more information about debt collection and credit, browse related links
provided by the Federal Trade Commission at
www.ftc.gov/os/statutes/fdcpajump.shtm.
For a number of years, this office has received complaints
from citizens who have been contacted by mail and by fax in an effort to
"entice" them to participate in a Nigerian venture. This
letter has now been "updated" on the Internet, and we find that
citizens are receiving these letters of solicitation by email, and that the
number of contacts is dramatically increasing. The current scheme that
we have reviewed in a number of emails offers thousands or millions of dollars
if you simply turn over your bank account number to the sender. This
sender typically claims to be a member of the military or government of Nigeria
who requests your assistance to obtain "hidden" money without the
government's knowledge. No matter how "new and improved", this
email solicitation is a scheme, the sole purpose of which is to part you from
your money!
What should I do in the event that I receive this
type of request?
Email is an efficient and cheap method to
perpetrate a hoax. Be very alert to ANY request for your financial
information or promises of "get rich quick" schemes. They are
all an attempt to defraud the recipient.
The District
Attorney's Office is happy to respond to your email inquiries on this topic or other topics
regarding criminal justice issues and consumer alerts. It is by working
with the public that we can more readily address those issues of concern to
our community. This office collaborates with other law enforcement
agencies, whether municipal, state, or federal, in an effort to properly
address issues that impact our citizens. Additional information on this
"Consumer Alert on Nigerian posted scam letters" may be obtained
from our law enforcement partner: United States Secret Service at 301 N.
Main St., Ste 275; Wichita KS 67202
Other questions that you
may have can be answered by our specialists in the
Consumer Fraud Division of the District
Attorney's Office.
Many new car dealers advertise low interest rates and other special promotions such as high trade-in
allowances and free or low cost options. While these advertisements may help you shop, finding the best deal
requires careful comparison.
When considering an advertised special, read the ad carefully, paying close attention to all small print.
Then call or visit the dealer to find out about all the terms and conditions of the offer.
Here are some questions you should keep in mind when considering an advertised special:
- Will you be charged a higher price for the car to qualify for the low-rate financing? Would the price
be lower if you paid in cash?
- Does the special financing require a larger than usual down payment or are there shorter limits on the length
of the loan?
- Does the low rate apply to all cars in stock or only on certain models?
- Does any advertised trade-in allowance apply to all cars regardless of their condition or are there
deductions for high mileage, dents or rust?
- Does the larger trade-in allowance make the cost of the new car higher than it would be without the trade-in? You might
be giving back the big trade-in allowance by paying more for your new car.
Kansas does have a Lemon Law statute that protects consumers of new vehicle
purchases when they find out their vehicles are defective and have not been
repaired after a reasonable number of attempts. Lemon laws apply only to
new vehicles, not used vehicles.
The Kansas Attorney General has an in depth brochure providing more
information on the Kansas lemon law and other car buying tips. It can be
accessed online at
www.ksag.org/files/shared/CarBuyingTips.pdf. The Federal Trade
Commission also offers online advice for your next car purchase at
www.ftc.gov/bcp/menues/consumer/autos.shtm.
Most Kansans don't realize they are protected by one of the best telemarketing laws
in the country. Under Kansas law, with some exceptions, in a telemarketing sale,
the sale must be completed by sending the consumer a confirmation. This
confirmation should list all the terms and conditions and, unless it is signed by the consumer
and returned to the seller, there is no binding agreement. The major exception to this rule
is a situation where the consumer may obtain a full refund for the return of the undamaged and unused
goods or
cancellation of services within seven days after receipt by the consumer.
If the consumer does not want to get ripped off over the phone, they should follow these
simple rules:
- Never give your credit card, debit card or checking account number to anyone unless you initiated the call
to the individual or company and you know exactly who you're dealing with.
- Don't make a purchase until you have had time to shop for the item locally or through another source.
- Don't be pressured into making a telephone purchase. Tell the salesperson you will call them back after you've
had time to think about it or discuss it with someone you trust. If it is really a good deal it will be there tomorrow.
- Learn how to say NO. Never forget, nothing is really free.
Some telemarketers represent reputable companies and offer a convenient way to purchase products and
services without leaving your home. Consumers need to be able to tell the difference between
reputable and disreputable companies.
Consumers should avoid sending money in response to offers promising a chance to earn extra money
working at home by stuffing envelopes or assembling small products. While there are many different
versions of this scam, all of them request money in exchange for the "opportunity" to earn money at home.
These schemes are almost never what they appear to be and deceive consumers into wasting their time, energy
and money. While they have been "promoted" for many years, especially in classified advertising
on yard signs and in direct mail, these schemes have found a new home "on line" on the Internet.
You receive a pocket knife that you never ordered. Despite your objections, the company continues to send you
bills and/or notices threatening your credit rating.
Thousands of people are placed in similar situations each year. Fortunately, they do not have to pay for merchandise they did not order because
Kansas law prohibits mailing unordered merchandise to consumers and then demanding payment.
Under Kansas law, if you are sent books, clothing, magazines, office supplies, or any other merchandise that
was not ordered, you generally have a legal
right to keep the shipment as a free gift. While you have no legal obligation to do so, sending a letter stating your intention to keep the shipment
as a free gift is an advisable precaution. Your letter may discourage the seller from sending you repeated bills or
notices or it may help clear up
an honest error. You may want to send your letter by certified mail and keep the return receipt and a copy of the letter. This will help you
establish later that you did not order the merchandise.
- Never buy a used car without first having it inspected by a reputable mechanic. Kicking the tires
just won't get it done.
- Have everything put in writing. If a salesman makes a claim and it's not in writing - it
just doesn't exist. This is especially true concerning warranties or claims about the car's condition.
- Read the entire contract carefully. If there is something you don't understand, ask questions before you sign.
- Obtain a copy of Consumer Reports from the library and check on
the repair rating for the vehicle. It will tell you a lot about the
reliability of the car.
- By law, you should receive an odometer statement telling you whether the mileage on the odometer is correct. If you have
any doubts about the mileage, you can obtain a history of the car's ownership by contacting the
Kansas Department of Revenue, Titles and Registration Division at
785-296-3601.
When shopping for a used car, look for the Buyer's Guide posted
on the car's side window. This Buyer's Guide is required by law on all used cars
sold by vehicle dealers. It tells you whether a service contract is available. It also indicates
the type of warranties that are available. There are two types of warranties: Express
and Implied.
An express warranty is a written agreement that states that the dealer or
manufacturer intends to repair the car under certain circumstances. Express warranties
for used cars are usually limited to certain parts of the car and usually
require the purchaser to pick up the tab for a certain percentage of the repair.
Look for an express warranty where the dealer agrees to pay a majority of the
costs of parts and labor for a significant period of time. Remember that
the terms of such a warranty, like the price of the vehicle, is generally negotiable
between you and the dealer and get it all in writing.
Implied warranties are unspoken and unwritten. Under the implied warranty of merchantability -- the seller promises the
product will do what it is supposed to do. For example, a toaster will toast.
It is also important to know that in Kansas, the implied warranty of
merchantability cannot be waived; therefore, this warranty can provide the buyer
with some remedies in addition to those set forth in an express warranty.
©,
Copyright, 1989-2006, District Attorney Nola Tedesco Foulston, 18th Judicial
District of Kansas
last update:
09/25/07
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