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Health club contracts still an issue

Posted by Mitch Lipka April 29, 2013 02:28 PM

There’s something about health club memberships that have long made them a sore spot for consumers. Not every gym rubs people the wrong way, but a lot of people get trapped by contracts, shocked when trial memberships convert to annual memberships, and surprised by fees.

Some of these businesses, aware of consumer mistrust and resistance to long-term commitments, have turned to a more gentle approach – offering month-to-month arrangements with well-disclosed fees. But, a recent investigation of Boston area clubs by the state Office of Consumer Affairs and Business Regulation, which oversees the industry, revealed that problems are still widespread.

In a survey of 15 clubs, investigators found that not one followed state law by properly displaying membership prices and fees or notice of the right to cancel a contract within three days. Only two of the 15 clubs provided the terms of the contract before trying to get a signature -- an indication the clubs were pressuring consumers into signing contracts without allowing a chance to review them. The violations were referred to the Attorney General’s office.

In addition to disclosure problems, the state also found clubs charging a bunch of add-on fees including charges to enroll, lock in rates, and terminate the contract.

If you cancel a contract within three days of signing it, you must do it in writing – either in-person or with a postmark (ideally, a certified or registered letter) reflecting you’re within the window. The club then has 15 days to refund any money paid minus the time you used the facilities.

It is vital when you sign a contract with a club to understand what you’re agreeing to. After three days, the ability to cancel is limited to these reasons:

  • You’ve moved or changed employers at least 25 miles from one of the club’s facilities
  • A doctor certifies that you cannot safely use the services of the club for more than three months
  • Death
  • The club fails to open a location or closes one
  • A “substantial change” to club operations

Clubs cannot charge cancellation fees for any of the above reasons. Going to the gym should be a good thing, so do some homework to be sure your workout location ends up working out.

Know when to ask for help with a seller

Posted by Mitch Lipka April 23, 2013 10:49 AM


Q.
I purchased a child’s Cape Cod bracelet from Goldfinger Jewelers in Hyannis for my niece's 7th birthday last year. It did not fit. I called Goldfinger and was told that as long as the bracelet was not damaged (which it was not) I could return it for a bigger size and to include a check for postage. I returned the bracelet. My check was cashed Dec. 21, but still no bracelet. I called Goldfinger and was told they were behind in Christmas exchanges. I have called multiple times and have sent an email. No word. I still would like the bracelet. If that is not possible I would like my money back.

Lisa Colburn, Plymouth

A.
Merchant disputes are never fun. Plus, they can get drawn out for a really long time. Communications might indicate progress is being made, but the resolution doesn’t come.

And dealing with a smaller operation, it doesn’t take much for things to break down. One person forgets to tell another to take care of something, or someone simply doesn’t do what they’re supposed to. In this situation, it’s not entirely clear what went on, but, happily, it didn’t take much more than asking to get a resolution.

Julie Fagin of Goldfinger said the delay was a misunderstanding. She explained that the store normally has a 30-day exchange policy but extended it in this case and then waited for the check and bracelet – receiving them four months after the original order was placed. That payment was processed “during our busiest week of the year,” she said, and then the store closed for two weeks in January.

Fagin said the store’s records show the replacement was shipped in February, but since no signature was required, she can’t demonstrate that it was received. After being told that the it wasn’t, she immediately shipped another one.

It’s tough to know when it’s time to involve a third party in a dispute. Generally, after a couple of weeks of not getting the desired result, it’s worth asking the Better Business Bureau, the state Office of Consumer Affairs, or the Attorney General’s office to get involved – or lodging a credit card dispute. Many logjams get broken with initial notification to the business that a complaint has been filed.

Beware Boston Marathon bombing scams

Posted by Mitch Lipka April 18, 2013 11:00 PM

If you want to help those who actually need help in the wake of the Boston Marathon bombing, be sure you're giving to who you think you are.

In the world of scams, there are few lower than disaster opportunity con artists. As it is after ever just about any disaster strikes, some fraud will set up shop and try to fool those who want to help into sending money to them rather than to those in need.

The Boston Marathon bombing is no different. More than 125 domain names were registered immediately after the bombing. It is not unusual to see websites with names connected to a disaster used to dupe well-meaning people, according to the FBI's Internet Crime Complaint Center.

The Better Business Bureau began hearing about scams connected to the bombing circulating on social media as early as Monday evening, said Paul Fleming, vice president of the BBB serving the Boston area. Social media, particularly taking advantage of the abundance of personal stories of victims, can help accelerate a phony fundraising page or even get well-meaning consumers to download viruses or malware.

So the BBB and a host of government agencies from coast to coast, including the FBI, have issued warnings to potential donors to beware of these scams.

Fleming said it is important to verify the legitimacy of a charity or a site trying to raise money on behalf of a survivor of the blast. She cited this as an example of a legitimate site -- because members of her family know the victim -- but that a scam site could even use the same images to appear legitimate. In addition, Gov. Deval Patrick and Mayor Tom Menino formed One Fund Boston to create a charitable organization for anyone looking for a place to donate.

Here are some tips from the FBI to help avoid having your intent to do good turned into helping fund a sleazy criminal's enterprise:

  • Individuals can limit exposure to cyber criminals by taking the following preventative actions when using email and social networking Web sites.
  • Messages may contain pictures, videos, and other attachments designed to infect your computer with malware. Do not agree to download software to view content.
  • Links appearing as legitimate sites (example: fbi.gov), could be hyperlinked to direct victims to another Web site when clicked. These sites may be designed to infect your computer with malware or solicit personal information. Do not follow a link to a Web site; go directly to the Web site by entering the legitimate site’s URL.
  • Individuals can also limit exposure to cyber criminals by taking the following preventative actions when receiving solicitations from, or donating to, charitable organizations online.
  • Verify the existence and legitimacy of organizations by conducting research and visiting official Web sites. Be skeptical of charity names similar to but not exactly the same as reputable charities.
  • Do not allow others to make the donation on your behalf. Donation-themed messages may also contain links to Web sites designed to solicit personal information, which is routed to a cyber criminal.
  • Make donations securely by using debit/credit card or write a check made out to the specific charity. Be skeptical of making donations via money transfer services as legitimate charities do not normally solicit donations using this method of payment.

Getting a free credit report: how it works

Posted by Mitch Lipka April 16, 2013 02:13 PM

A few recent letters asking about credit reports make it clear that a lot of consumers don’t completely understand what they can get for free and when they have to pay to receive the same information that lenders – and others – use to judge them.

First, let’s be clear about this: The one official site where consumers can request their once a year free credit reports from each of the three largest credit reporting agencies (Experian, Equifax, and TransUnion) is AnnualCreditReport.com. Other sites with similar addresses are not the real deal. Most pretenders try to get you to sign up for credit monitoring with the promise of a “free” credit report – which often is the one you could get for free on your own anyhow.

As for the official site, you should note that there will be attempts to sell you your credit score or other services. You needn’t sign up for those.

Your credit report, also known as your credit history, shows lines of credit (from credit cards to car loans to mortgages) both open and closed, and your payment history. It will also show the size of the lines of credit along with outstanding balances. Consumers also are entitled to request reports at no cost for several reasons including an adverse credit action – a denial or interest rate increase – as well as if they believe they are victims of fraud.

Looking at those reports is vital to correcting errors that could affect your ability to borrow as well as to detect if someone has stolen your identity. Your credit score is calculated from your credit history. That score, ranging from 300-850, gives a potential lender a quick look at your credit worthiness.

Several sites offer free, simulated credit scores give you an idea of what the official score might show. The main cost for signing up for those services is getting on targeted marketing lists.

Many credit experts recommend getting a credit report from each of the three credit bureaus every four months so you can quickly spot an error or detect fraud. But whether you get three once a year or one every four months, don’t pay for what you don’t have to and don’t leave on the table what is free.

Security systems can confound consumers

Posted by Mitch Lipka April 8, 2013 09:02 PM

Q. I am writing you about problems I have been having with a Protection 1 home security system. Since the system was installed a year and a half ago, we have had problems with three different smoke detectors giving off false alarms. The company charges close to $200 to come fix the problem, even though it is their equipment that is faulty. The company did waive a couple of those fees but has stopped doing so. We have had to make four service calls in the year and a half, in some cases to fix errors that their service people made on the previous call. Now, we are forced to buy a $10 a month warranty on the Protection 1 equipment so that we do not keep paying service fees every time there is an equipment problem. How can a company charge us money to fix equipment that is not owned by us?

Shawn Hanegan, Bedford

A. This home security stuff is complicated. Part of the problem is when one company swallows another company, which then makes fuzzy who owns what and who is responsible for what.

In this case, Protection 1 executive customer relations supervisor Nicole Green explained that the only equipment they consider to be the company’s property is the control panel. Smoke detectors and other devices that talk to that panel are the homeowners’ property, she said, even if they were installed by the company.

Customers are offered warranty plans, Green said, because of that. Given that your situation appeared a bit more tangled, Protection 1 – without explaining what provisions they made – have resolved your concerns.

The company prepared this statement: “We have contacted the customer and this situation has been satisfactorily resolved. Protection 1 has maintained a 95% customer satisfaction rating and an A+ Better Business Bureau Rating. On this occasion, we were able to satisfactorily answer the questions the customer had and clarify the facts surrounding this particular instance.”

For others dealing with home security companies, particularly if there’s a different company involved than the one you started with, it’s important to be understand what you’re responsible for and what additional costs you could be facing.

Top Mass. consumer issues announced

Posted by Mitch Lipka April 1, 2013 03:11 PM

Concerns about insurance, mortgages, buying used cars, home repairs and scams were atop the lists of four offices that collect consumer concerns and complaints in Massachusetts.

The state Office of Consumer Affairs and Business Regulation, along with the state Attorney General’s Office, U.S. Postal Inspection Service and the Better Business today collectively announced their Top 5 consumer issues of 2012.

Questions about insurance of all types (car, health and home) topped the list of calls to Consumer Affairs, followed by issues involving the state Lemon Law and home improvement contractors.

The Postal Inspection Service fielded a lot of complaints about mail fraud - scams aimed at consumers that come through the mail.

"Lottery and sweepstakes fraud cost Americans millions each year," Postal Inspector in Charge Kevin M. Niland said. "When one family member is harmed, the impact can be felt by all. Losses can be monumental; entire fortunes, inheritances, and retirement security can be wiped-out. Unfortunately older citizens are most frequently victimized in foreign lottery scams."

He suggested viewing the Postal Inspection Service's fraud prevention website www.deliveringtrust.com.

Here are the top five categories from the Better Business Bureau:

1. Mortgages

2. Used Car Dealers

3. General, Residential & Commercial Contractors

4. Home Improvements

5. Movers

the Postal Inspection Service:

1. Foreign Lottery Scams

2. Fake Checks

3. Work at Home Scams

4. Telemarketing Fraud

5. Cross-Border Fraud

and Massachusetts Attorney General:

1. Loan modification and foreclosure assistance

2. Protecting your personal information

3. For-profit schools

4. Debt collection abuses

5. High pressure sales pitches

Kohl's purchase regret shows why it's important to do comparison shopping

Posted by Mitch Lipka April 1, 2013 03:02 PM

Q. Does Kohl’s use fictitious prices in order to give discounts? I recently purchased a coffee maker at the Walpole store for $39.99 on sale for $34.99, using a 15 percent off coupon. I later found what appeared to be the same coffee maker online with a list price $10 less than I paid with the discount – and selling for $19.99. I’ve tried to get an explanation from Kohl’s, but they don’t respond.

David Riseman, East Walpole

A. The price does seem high, but it is the price Kohl’s has set for that item. What happened here is good illustration of why shopping around before you buy – even if that involves just poking around online for a few minutes – can be beneficial.

There is a subtle distinction as to why the Kohl’s coffee maker has a higher list price over what appear to be similar models. The machines sold elsewhere look identical, but are sold with different model numbers and slight variations. I asked Kohl’s about their price and why they wouldn’t answer you.

They ended up forwarding me a note they say they sent. In it, a Kohl’s customer service representative explained:

“I contacted our buying personnel to investigate the pricing of the Mr. Coffee 5-Cup Programmable Coffee Maker you inquired about. They advised that this model is exclusive to Kohl’s with features that distinguish it from other Mr. Coffee Coffee Makers in the market place.

“Kohl’s Mr. Coffee 5-Cup Programmable Coffee Maker includes a Gold Tone Filter, which is a factor that impacts price for this product. Of course, any pricing that may be available elsewhere in the market will be among the factors taken into consideration by Kohl’s buying staff.”

Kohl’s offered to help you return the coffee maker. Given how frustrating this experience has been, returning it would seem like a reasonable solution.

This situation demonstrates how retailers can create subtle distinctions that only the most astute consumers would notice. But unless getting the reusable “Gold Tone Filter” was really important to you, shopping around would have left that higher price coffee maker on a Kohl’s shelf. What really throws salt in this wound is Kohl’s was advertising the same coffee maker this week for $29.99.

When buying gas in Massachusetts, discounts are OK and surcharges aren't

Posted by Mitch Lipka March 26, 2013 09:26 PM

Q. Is it legal for Cumberland Farms in Massachusetts to offer 10 cents off a gallon of gas if you use your smartphone or linked checking account to purchase gas? It seems like it discriminates against poorer people who cannot afford a smartphone or don’t have a checking account. I always thought gas was supposed to be the same price whether cash or credit.

Paul Marino, Bolton

A. Questions about gas prices come up all the time, particularly when motorists see more than one price at the pump. Massachusetts does have rules that prohibit placing a surcharge on the use of a credit card. However, as much as it seems like the same thing, a gas station can discount the price for customers paying in cash.

So, discounting is fine and surcharging isn’t. While most stations charge the same price for cash or credit, there is a reason why some discount for the use of cash – or, in this case, a smartphone or checking account-linked card. Gas stations tend to have pretty tight margins and steering customers away from credit cards helps them to avoid the fees assessed for every transaction, something that cuts into the bottom line.

The folks at Framingham-based Cumberland Farms don’t see themselves as elitist, noting their low-price coffee and soda. Cumberland Farms said it introduced its SmartPay system to avoid credit card and debit card processing fees and pass some of the savings to customers in the form of discounts.

If customers don’t have a smart phone, they can pick up a SmartPay card, which is linked to a checking account and works like a debit card. SmartPay cards are available at Cumberland Farm stores.

“The SmartPay Check-Link payment program was designed to be as inclusive as possible for all of our customers, whether they use a smartphone or prefer the free SmartPay payment card,” said Kate Ngo, Cumberland Farms’ senior manager of brand strategy.

As much as bank fees might be an issue for some consumers, free checking accounts with minimal balance requirements are available at local banks and credit unions. So, most folks, whether they have a smartphone or not, should be able to figure out a way to get this discount – if it really mattered to them.

State warns on tax refund anticipation fees

Posted by Mitch Lipka March 20, 2013 03:18 PM

Getting your refund early from a tax preparer is likely to come with a lot of fees attached that can cut into your share, the state Office of Consumer Affairs and Business Regulation found.

The office looked at fees connected to offers of refund anticipation cards. Tax preparation companies put the amount of the refund from a tax return on a prepaid debit card, so the consumer doesn't have to wait for the government. But fees are often taken out upfront and along the way.

“Refund anticipation cards don't make a lot of financial sense,” said Undersecretary of Consumer Affairs and Business Regulation Barbara Anthony. "If consumers can wait for their refunds, we encourage them to, otherwise they are paying fees on their own money.”

Similarly, refund anticipation checks, which allows customers to draw from an account connected to the tax preparation service, also come with fees.

Here's what the state found:

  • H&R Block offers refund anticipation payments on its Emerald Prepaid MasterCard. There is a $54.95 fee for a paper check or a $34.95 fee for direct deposit or prepaid card. The card has a $2.50 fee for each ATM withdrawal; a $25 fee to access the funds at a bank teller; a $4.95 fee to reload cash on the card at a retail location (not including independent fees by the retailer); a $2.50 monthly inactivity fee after three months of inactivity; and a $1 fee to check the card’s balance at an ATM. If the card is lost, there is a $35 expedited delivery fee for a replacement card.
  • Jackson Hewitt Tax Services stated that they do not offer refund anticipation payments, but that refunds could be transferred to its smart card upon credit approval. The Jackson Hewitt smart card is a Visa prepaid card issued by MetaBank and is not connected to a checking account. The card has a $5.95 monthly fee; a $2.50 fee for ATM or over-the-counter withdrawals; and an undisclosed administrative fee. If the card is lost, there is a $55 express shipping fee for a replacement card.
  • Liberty Tax Service offers refund transfers onto its netSpend card for a one-time fee of $48.95. The card has a $1 signature purchase transaction fee; a $1 PIN purchase transaction fee; a $2.50 fee for ATM cash withdrawals; and a $5.95 monthly inactivity fee after three months of inactivity.

Knockoff products abound online

Posted by Mitch Lipka March 19, 2013 01:59 PM

What used to be a street-corner-level problem of getting fake Rolexes or copycat Coach handbags has grown into a far larger problem.

Instead of just avoiding the guy on the corner, it’s now a game of being really sure of who you buy from online. Some sites selling fakes are so bad they’re laughable. But, these days, it isn’t all that hard to hijack real product images and maybe even find someone who can write in English well enough to make the site seem legit.

Just ask Sheila Perrault of Tyngsborough. Her son was shopping for a pair of Nike Air Jordan sneakers and came upon the site AirJordan5FireRed2013.com. While the web address alone might make some suspicious, the photos on the site are authentic and the information seemed credible. Nothing really tips you off that the site is in China.

So, $120 later a box arrived and “you can tell they were phony Air Jordans,” Perrault said. She complained to the Better Business Bureau.

“They’re one of hundreds of knock-off websites out of China,” said Paula Fleming, vice president of the Better Business Bureau serving Eastern Massachusetts, Maine, Rhode Island and Vermont. “Whether it’s shoes, jerseys, etc., these sites typically do deliver the products, however they lack the expected quality the consumers hope for.”

You might get seconds, but usually you just get a cheap imitation. Perrault tried to get her money back and received an email explaining that they’ll give back 30 percent of the purchase price if she kept the shoes or “if you return the products, the shipping cost is too high, and the procedure will take a long time. Pls thinking it over.”

Perrault wants the site shut down. An email to the site went unanswered.

So, before you buy online from a company that isn’t familiar to you, search to see if there are any complaints, look in the Better Business Bureau’s database, and go to a web registration look-up site such as Whois.net to see who owns the site and when it was registered.

Other than hoping you can get your credit card company to reverse the transaction, there’s little a US consumer can do if they’ve been taken by a foreign site. It’s best to avoid those street corners altogether.

Summer vacation rentals spur scams

Posted by Mitch Lipka March 12, 2013 03:17 PM

If you’re looking to lock in a vacation rental, whether it’s in Maine or on the Cape, it’s about that time of year. Just as most folks know that summer rentals are booking up, so do the scammers.

So, it’s time to brush up on the vacation rental business and how scams present themselves. While there are certainly legitimate private party ads for properties, that’s where you’re most likely to encounter a scam. It’s best to avoid those ads, but if you can’t resist, tread ever so carefully.

Scam ads typically look legit. Many are simply copies of real rental ads. They might even have great pictures or a map.

But if you’re intent on avoiding a real estate agency or an established vacation rental site, it’s on you to verify that the ad is legit. Start by making sure the person renting the property is really the owner or has been hired by the owner to find renters.

Ideally, you should be able to visit the property and review the contract before paying anything. Resist pressure for an immediate decision and payment. If that costs you what turns out to be a legitimate property, so be it. Better safe than sorry .

Here are a few tips from Tom Gilmore, chief executive and founder of Newburyport-based VacationHomeRentals.com:

  • Do homework before you book. Have a phone conversation with the owner or representative rather than just relying on email. Ask for references so you can contact prior renters.
  • Beware of poor grammar in emails and foreign phone numbers. Scammers are often in other countries and may not have full command of English.
  • Never send payment by wire transfer, prepaid debit card, or money transfer services like Western Union or Moneygram.

Even when everything goes well, be aware that vacation rentals tend to defy most consumer norms because owners try to force a commitment from renters to avoid losing money to cancellations. So, they typically ask for large deposits – perhaps 50 percent plus a security deposit up-front and the balance a few weeks prior. One reason: It can take a couple of weeks for someone to find out a check isn’t legitimate.

If you walk down a well-worn path and you’ll have the best chance at a scam-free vacation.

Win a free Walmart gift card?

Posted by Mitch Lipka March 7, 2013 12:55 PM

Millions of Americans were peppered with more than 180 million texts that led them to deceptive websites claiming they could win $1,000 gift cards to Walmart, BestBuy and other stores - among other prizes, the Federal Trade Commission said today, announcing a crackdown on the scam.

The FTC filed eight lawsuits against 29 defendants the government says are responsible for the massive onslaught of text messages and the related shady websites. "Consumers who clicked on the links in the messages found themselves caught in a confusing and elaborate process that required them to provide sensitive personal information, apply for credit or pay to subscribe to services to get the supposedly 'free' cards," the FTC said.

Anyone who gets such a text should simply delete them, the agency said.

Those who got the texts apparently weren't targeted. Rather, the FTC said, the texts were sent randomly.

If a recipient clicked on a link in the text, the site that landed on would ask for "a substantial amount of personal information, including in some instances health information, before being allowed to continue toward receiving the supposed gift cards."

That information was sold, the FTC said, to "third parties for marketing purposes."

After the personal information stage, the FTC said, participants would then be shuttled to another website where they were told that to receive the gift card they would have to sign up for subscriptions and an array of other "offers."

Even if they did that, the FTC said, they would still have to get three others to do the same before they could qualify for a gift card.

"The FTC alleged that the operators of these sites violated the FTC Act by failing to tell consumers about all the conditions attached to the 'free' gift, including the possibility that consumers would actually be required to spend money to receive the gift," the agency said.

Kick uninvited workers off your property

Posted by Mitch Lipka March 6, 2013 06:24 PM

Q. A tree service I was using at my summer home was sold. The new company sprayed my trees even though I had decided not to use them. Initially, since it was not a lot of money and I thought they had made a mistake, I paid the bill. They claim a clause in their contract allows them to continue doing work until you specifically tell them to stop. So, I called and told them that I did not want their services. Since my telephone calls to them appear to have been ignored, can you get them to stop sending me proposals which they will act upon though if I have signed nothing?

Doris Robinson, Waban

A. The contract clause does seem a bit aggressive on the face of it. But, at some point, customers of the business actually agreed to the terms – permitting work to continue until the customer officially halts it. The main issue is that these guys seem to have a hard time taking no for an answer.

When a phone call doesn’t cut it, as appears to be the case here, put your demand that they no longer do work at your property in writing and send it via certified mail with a return receipt, said Barbara Anthony, who heads the state’s Office of Consumer Affairs and Business Regulation. Make it clear that they are not welcome on your property and will be considered trespassers if they show up again. Then file a report with the local police explaining that they have been told to stay away, Anthony said.

“You have no right to be on anyone else’s property if they tell you to get off,” she said.

Also, be clear in the letter that you will not pay for any services since you have – per their own contract – specifically told them you don’t want them any longer. It ought to be easier to stop getting services you don’t want. But, hopefully, Anthony’s tips will stop these guys in their tracks. If not, you can call the police.

BBB warns of secret shopper, check scam

Posted by Mitch Lipka February 27, 2013 11:26 PM

Tempted by ads to be a "secret shopper?" Think twice. Then think again if you are still tempted.

The Central New England Better Business Bureau is reporting an increase fake check scams typically tied to secret shopper ads on Craigslist or delivered by email.

These sorts of scams can be devastating to victims. Typically, the "shopper" is sent a check - the BBB says they have been around $2,000 - and are asked to deposit it and then send part of it to someone else through a money transfer service, such as Western Union. The remainder would be their pay.

Unfortunately, it can take days or even more than a week for a bank to become aware a cashed check was fake. Meanwhile, the victim, believing they have the money in the account, sends it. But once a check is deemed worthless, the deposit amount is subtracted from the account. Meanwhile, cash has already been sent out, costing the victim both that cash and potentially penalties for overdrawing their account.

The BBB also reports that consumers have complained of other fake check scams, which are similar but involve overpaying for furniture and other items and asking that the balance be sent back - usually through a money transfer service.

To try to avoid falling victim, the BBB recommends that you try to verify that the check is drawn from a real account. Look up the phone number of the bank on the check - don't use any bank phone number printed on the check itself - and call and ask the bank if that account is legitimate.

Looking for PC customer support? Be sure who you are dealing with before signing up

Posted by Mitch Lipka February 25, 2013 01:21 PM

Q. I would like to know if you have had complaints about Dell customer support, specifically, MyTechHelp.com. I had a problem with my Dell PC and contacted Dell tech support. I was told the tech help would cost $300 for a two-year plan covering two computers. I then received support for my problem. Because I was not sent a receipt, I contacted the number given me by the tech support person who assisted me. That is when I was told that I was dealing with a third party, not Dell.

Roberta Cobbett, Swampscott

A. You stumbled into an area that can be incredibly confusing. Getting tech support for an older computer leads plenty of people to a place they might not have intended to go.

While you were seeking - and thought you had received - help from Dell, you weren’t dealing with Dell at all. MyTechHelp.com is not affiliated with Dell, said Christina Furtado, a Dell spokeswoman. But MyTechHelp does buy advertising on Google, which results in prominent placement when someone searches for support for Dell and other brands.

Since the relationship between manufacturer and consumer generally ends after the warranty ends, consumers typically look elsewhere to service their computers. Such service is usually available through a computer repair shop, electronics stores like Best Buy's Geek Squad, or office supply stores like Staples.

But, like those who return to the dealership to fix an auto after the vehicle’s warranty has expired, some consumers still want technical help from their computer manufacturer. Some will charge a fee for a phone consultation. Others might not offer support.

MyTechHelp, which provides support for a variety of brands, has generated hundreds of complaints to the Better Business Bureau and consumer gripe sites – many from folks who said they believed they were talking to the manufacturer. The company denies it misleads anyone. “MyTechHelp values transparency and actively takes measures to inform the customer of our role as a third-party provider representing various brands,” said Erika Garcia, MyTechHelp’s marketing director. “We are committed to providing optimal customer service.”

There are a lot of old computers out there and a lot of people who want them fixed. Know whom you’re dealing with before paying a penny.

National Grid warns of scam

Posted by Mitch Lipka February 21, 2013 06:28 PM

Consumers are being urged to beware of a scam in which payment is demanded by phone with the threat of utilities being turned off, the power company National Grid said.

In the scam, callers claim to work for National Grid and say payment must be made via a prepaid card or they will shut off the power. Some also claim the person answering the call has a faulty meter and that they must pay to replace it. Likewise, they are asked to make a payment using a prepaid card if they want to keep on their electricity.

The use of a prepaid card would leave no recourse for the consumer to recover their money. Once the money is sent, it will be lost.

National Grid said that it recently started hearing about these scams from customers. The company has alerted law enforcement officials.

"National Grid does contact customers with past due balances by phone to offer payment options, but never demands direct payment over the telephone," the company said. "If customers wish, they can arrange for a payment by check, credit card or debit card if they speak directly to a customer service representative. Payment can also be made by credit card or debit card without a representative’s assistance."

Any National Grid customer in New England who gets such a call is asked to call the company at 1-800-322-3223.

United makes good after trip goes bad

Posted by Mitch Lipka February 18, 2013 10:31 AM

Q. I would very much appreciate your help on a matter that I have been attempting to resolve with United Airlines since last August. My wife, her mother, and I were headed on a vacation to Norway which was interrupted by United losing my mother-in-law’s bag, which contained special shoes she required, prior to us even leaving Logan airport. Since they couldn’t locate her bag in time, we couldn’t make it to our tour and the trip ended before it started. In the end, we lost over $15,000, of which United has reimbursed us roughly $800 plus $1,500 of travel certificates. I have begun thinking that I should seek legal counsel or bring this through small claims.

Ian Gibson, Medfield

A. This was one big mess. For one thing, an airline’s liability for a lost, damaged, or delayed bag is $3,300. And that typically involves some serious negotiating. In addition, an airline’s responsibility is to get you where you’re going. So, when you decided to forgo the trip because of the missing shoes, you essentially rolled the dice on that $15,000 investment. In gambling, the odds are always with the house. Your airline tickets, like most, were “non-refundable.”

As luck would have it, every rule has an exception. United Airlines spokesman Charles Hobart said the airline apologizes for the misplaced bag, which eventually did turn up. He suggested that others who have items vital to their trips carry them on board, if possible.

In addition, United said they have credited you for the unused tickets, and the other airline involved issued a credit, too. So, the result was more than $10,000 in refunds, compensation for hotel and food, and the $1,500 in travel vouchers. The only thing United did not agree to was to cover the cost of the missed tour. “I believe what we’ve given them is fair,” Hobart said. “We’d like to have the opportunity to have them fly with us again.”

A “cancel for any reason” trip insurance policy could have helped. While it would have added more than $1,500 to the trip cost, you’d be out less than you are. Meanwhile, consumers who feel wronged by an airline can consider lodging a complaint with the U.S. Department of Transportation’s Aviation Consumer Protection Division.

Kid product recalls drop, injuries rise

Posted by Mitch Lipka February 13, 2013 02:19 PM

Even though the number of children's products recalled in the past year declined, the number of incidents and injuries connected to them rose sharply, according to a report released today by the advocacy group Kids in Danger.

The number of incidents involving recalled products rose 49 percent and the number of injuries by 42 percent despite recalls dropping to the lowest level in nearly a decade. Companies are obligated to report a potentially dangerous product to the U.S. Consumer Product Safety Commission at the first signs it could be a hazard.

It's not yet clear whether companies were stalling or if increased use of the government's relatively new portal SaferProducts.gov, where consumers can report product hazards, is responsible for the uptick in reported incidents and injuries prior to recalls.

"It is possible that SaferProducts.gov and other efforts have encouraged more reporting of incidents," Kids in Danger executive director Nancy Cowles said. “But more analysis is needed of reports of injuries and incidents, to understand why so many injuries are sometimes involved before a product is removed from homes and childcare facilities."

Other findings in the report include the number of children’s product recalls dropped 20% from 2011 and that Companies are still routinely violating longstanding safety rules as evidenced by 21 recalls of clothing items that flammability standards, small parts standards, lead paint standards or a prohibition on the use of drawstrings.

Bank fees and how to avoid them

Posted by Mitch Lipka February 11, 2013 11:53 AM

Q. I received notice from Bank of America that they will begin charging a monthly fee if I do not have automatic deposits totaling $25 credited to the savings account each month. It’s bad enough we only get about 12 cents interest a year on our accounts, but now they are going to charge us. It seems to me that a law was passed decades ago that if you are under a certain age or over a certain age Massachusetts banks could not charge fees on peoples’ savings accounts and perhaps other accounts. Being one of those “over a certain age,” I am concerned as I have a very meager savings account and really cannot afford to be charged for deposits I cannot make.

Pat Kelly, South Yarmouth

A. Indeed, Bank of America assesses a $5 a month charge on savings accounts unless account holders either have $25 automatically transferred from a Bank of America checking account, have a minimum balance of $300 or are linked with certain other checking and savings accounts the bank offers. Bank spokeswoman Anne Pace said the fee is not new.

And you are correct that there is a law in Massachusetts that protects those 18 and under and those 65 and over from certain account fees – such as the fee you describe. The so-called “18-65” law spells out that account holders in those groups are eligible to open one savings and one checking account and that fees can only be charged for bouncing checks or certain services like wiring money.

But the law doesn’t apply to every bank – only those chartered by the state. Those are the smaller, local banks. Bank of America and any other bank that has either N.A. or F.S.B. after their names are chartered nationally and not subject to this law.

You could certainly move your money to a state-chartered bank to take advantage of the protections. If you do, be sure to ask if they have an 18-65 account and what the minimum balance must be. That can range from $10 to about $100.

Even though it might be a pain, changing banks is one thing you can do to avoid donating your savings to a big bank.

Blizzard, generators and carbon monoxide

Posted by Mitch Lipka February 7, 2013 11:00 PM

With the blizzard upon us and memories of power outages from other storms not too distant, many thousands of New England residents are readying their generators.

While it's a great advantage to have power - any power - when the rest of us are sitting in the dark, safety officials are urging those using portable generators to use caution. An improperly placed generator can produce enough carbon monoxide to kill a family in the home it is powering.

Robert Adler, a commissioner on the U.S. Consumer Product Safety Commission, wrote the following to educate those of us facing this storm in the hope of avoiding any more carbon monoxide deaths caused by generators:


As I read the weather reports about the immense snowstorm approaching Boston and New England, I have developed the sick feeling that one gets watching a movie or news story in which an inevitable tragedy will occur, and the viewer is unable to stop it. The tragedy that I envision is completely avoidable, yet still likely to occur.
I’m not thinking of the deaths from snow-covered trees falling on houses, or from cars sliding on ice-slicked roads. These may occur, but they involve some elements beyond human control. No, my worry is that well-intentioned, even careful, families throughout the region will crank up portable generators after losing power and will succumb to carbon monoxide poisoning without realizing the risks associated with these machines.
Hurricane Sandy provides the tragic model. Here’s a headline from a New Jersey newspaper carrying a story sadly repeated in New York, Delaware and Pennsylvania papers: “Sandy’s Silent Killer: Carbon Monoxide Deaths Spring Up After Storm.” Five citizens died in New Jersey alone. And according to statistics compiled by staff at the U.S. Consumer Product Safety Commission (CPSC), Sandy resulted in at least 17 fatalities from CO poisonings attributed to portable generators.
So, how do even careful consumers become victims of portable generators? Alas, they place their generators in their garages, partially-enclosed spaces, or directly next to their house that they think will provide sufficient ventilation to remove the carbon monoxide. Unfortunately, generators emit large amounts of carbon monoxide – much more than idling cars. Many consumers do not realize this and do not understand that simply opening windows or leaving garage doors open will not necessarily protect them.
Unfortunately, carbon monoxide cannot be seen, tasted, or smelled. And gauging the amount of CO by the amount of exhaust fumes that one can smell is an unreliable guide. CO can kill within minutes.
So, here is my plea to those in the path of the approaching snowstorm that I’ve heard referred to as Nemo.
• Never use a generator indoors or in a garage or room next door. Place them outdoors, away from the house.
• Read the instructions and warnings carefully about where to place your generator.
• Place carbon monoxide detectors on all floors of your house.
• And be alert for the symptoms of carbon monoxide poisoning – headaches and dizziness.
Any death caused by nature run amok is regrettable, and, unfortunately, a storm the size of Nemo seems likely to produce fatalities. But, deaths that are avoidable with proper cautions can only be described as pure tragedy. It is my deepest hope that Boston and beyond can avoid such a fate.

Credit card surcharges: Why not to worry

Posted by Mitch Lipka February 5, 2013 05:21 PM

By now you've probably heard a lot about the recently permitted use of surcharges for consumers who use credit cards. Not a big problem. At least not in these parts.

There are a lot more reasons not to worry at this point than be concerned. Live in Massachusetts? The state law that prohibits surcharges is still there. Nine other states have restrictions on surcharges, too : California, Colorado, Connecticut, Florida, Kansas, Maine, New York, Oklahoma and Texas.

Plus, retail behemoths Walmart and Target both have said they're not going to assess the fees. It would take a lot of guts - and perhaps a dose of foolishness - to be a competitor of one of those stores and tack on a credit card surcharge, risking giving those two an even bigger price advantage.

If you see the surcharge being assessed online, consider sending a message by buying on a competing site. At a minimum, factor in that added 2-4 percent when comparison shopping.

So, at least in the Bay State, we'll still have our quirky cash discount at gas stations instead of credit card surcharges and we can't be charged more at a store if we want to use a credit card instead of cash.

How do I get rid of my timeshare?

Posted by Mitch Lipka February 4, 2013 08:13 PM

Q. We have owned a timeshare week in Orlando for 19 years that we no longer use and wonder if you have any advice on how to unload it. It sleeps eight people, has two bathrooms and is for a “floating” week, which means we can go at any time of year, even over the holidays. But now we are of an age where we can’t travel anymore. We want to sell it, but we have fallen for a scam twice. Everyone wants money upfront to help you get out of your timeshare. We have tried most every avenue. We don’t know what would happen if we just stopped paying maintenance fees. We have good credit and wouldn’t want to ruin it. Any suggestions?

Marion Sears, Shrewsbury

A. Your situation is, sadly, way too common. I’ve gotten a lot of letters just like this and have tried to find solutions that might help you and others out of this predicament.

None are instant fixes. Some take patience. And, while I realize you have expended considerable effort, it could require yet more. Remember, selling a timeshare – even though it isn’t as tangible – is the same as selling any other piece of real estate. Supply and demand drive the market. So, when supply is high and demand is low, you have to work much harder to make a deal. Many people are happy to just give away timeshares to avoid the obligations.

I asked timeshare expert Lisa Ann Schreier about the idea of halting payments. Not a great idea, she says. Even if it doesn’t happen right away, most timeshare companies will eventually foreclose – and that could damage your credit.

Because your week can be used during peak times, Schreier suggested trying again to sell it or, alternatively, rent it. “A high demand week in Orlando is not a tough thing to rent at all,” she said.

There are legitimate companies – although they can be hard to separate from shady ones – that can help sell or rent a timeshare. MyResortNetwork.com is one that has fared well with consumers.

And, as you’ve learned the hard way, Schreier warns that no timeshare owner should pay someone in advance to help dump a timeshare.

Chase credit card issue resolved

Posted by Mitch Lipka January 28, 2013 04:15 PM

Q. I am hoping that you can help me with a problem that has been going on since last year. I am still receiving bills from Chase for a credit card that I reported stolen in April 2012. I have made too many calls to customer service and their supervisors being told it would be handled and taken care of. It is now January 2013, and I am still receiving bills with interest and late fee charges affecting my credit. I do not know what else to do. At the time I reported this card stolen, I paid the entire balance that was due. Somewhere along the line, Chase mistakenly took my payment and applied it to another credit card - leaving the stolen card with a balance. Thank you for any help that you can give me.
Dorothy M. Girouard, Tyngsboro

A. You have a right to be frustrated when you are continuing to try to resolve a problem for nine months. It’s pretty obvious that consumers can fall into cracks when dealing with big companies, particularly when your situation doesn’t fall exactly into the neat little categories most customer service folks are trained to deal with. You would think that some supervisor would be able to sort it all out and resolve it. Still, that clearly didn’t happen.

So, I contacted Chase to see what could be done to get to the bottom of this and close it out once and for all. While Chase said it could not discuss your case specifically, spokesman Steve O’Halloran said “Customer service is a top priority, and we continue to make enhancements to provide the service our customers expect and deserve.”

Good news (could it have been one of the enhancements?), your account situation is now all straightened out. There’s still some work to be done -- making sure all the credit bureaus are notified by Chase that the late charges and missed payments they reported were not your fault. But they seem on board with that.

For others dealing with conflict with a credit card company, consider complaining to the U.S. Consumer Financial Protection Bureau. And remember to escalate your dealings with the company – to the CEO if need be – when you can’t overcome what seems obvious. Meanwhile, at least this conflict ended with a successful resolution.

The catch with 'free' credit scores

Posted by Mitch Lipka January 22, 2013 05:42 PM

Q. In July, my wife and I wanted to check out our credit scores and saw an ad to get “free” credit scores from a company called ScoreSense. We put our credit card numbers in to pay $1 each and started getting charged between $19.95 and $29.95 a month each. We had no idea that we had signed up for any services from them. We didn't realize what was happening until September and contacted the company in writing as they requested. They ended up giving us refunds for September and December, but not July, August, October and November. Can you help us get our money back?
Katherine Martin, Arlington


A. It is common to see offers like the one you did. ScoreSense, and other similar companies, dangle the idea of a free credit score in order to sell memberships for services that typically include credit monitoring. But it’s not a free score. It’s a trial membership, one that if you don’t cancel will result in recurring charges.

A lot of consumers have ended up unwittingly becoming members. Nearly 1,100 complaints have been filed with the Better Business Bureau against One Technologies LP., the company that runs ScoreSense, and the social credit monitoring site BillGuard.com is also littered with recent complaints about the surprise charges.

While the folks at One Technologies disagree with the idea that they misled you or used your credit card without permission, they have agreed to a full refund “as a customer service courtesy.” Kevin Hain, compliance and escalation specialist at ScoreSense, said members receive credit monitoring as well as monthly credit scores and reports for their fees.

“ScoreSense makes every attempt to market our product in a clear and concise manner and, for the overwhelming majority of our consumers, it is a success,” he said. Less than 1 percent of those who purchase the service, Hain said, “were confused and did not understand what they were agreeing to.”

The key in avoiding these situations is running when you see the words “free trial” unless you are so disciplined that you know when and how to cancel, or you plan to subscribe.

Complaining to the BBB can help. A majority of those who complained about One Technologies told the BBB they consider their cases resolved. Best bet going forward: Only provide your credit card information when you’re actually buying something.

Ask questions first and avoid regrets later

Posted by Mitch Lipka January 15, 2013 03:55 PM

Q. I got health insurance by joining the Alliance for Affordable Services in 2008 and paid for a membership each year for five years. After speaking with the insurance company, I found out that I did not need to maintain the membership. Year after year, I paid my AAS membership dues -- first $400 a year, then, later, it went up to $480. That was four years of membership dues paid unnecessarily -- $1,280! Do you think I should try to get the money back? Or just chalk it up to experience?

Sonia Kranwinkel, Danvers

A. Normally, I love to help consumers get refunds. With apologies, this time, but hopefully, you’re learning a $1,280 lesson that will serve as cautionary tale to others. Paying money you shouldn’t – without being pushed – isn’t really something you can make a case to fight.

There doesn’t appear to be anything the Alliance for Affordable Services – a non-profit association that uses group buying power and lobbies on small business issues – did to cause you to continue the membership.

Howard W. Segal, secretary of the alliance, explained that the group is not an insurance seller, although it has relationships with insurance companies, and therefore doesn’t even know which of its members buy insurance. Segal said they would have informed you of the benefits your dues provided, if you asked. “We are always available to our members,” he said, “by telephone, mail, and on the web for inquiries about benefits or questions about membership status or membership rights.”

Health insurance can be a challenge to get if you are self-employed, but at least in Massachusetts, there is a state-run marketplace (MaHealthConnector.org) where consumers can shop for plans from a variety of companies at a variety of prices.

With her membership now cancelled, Kranwinkel said she realized she shouldn’t have just continued paying, especially since she had some concerns about it. She does hope other consumers can benefit from her mistake. “I think the lesson for me here is, listen to your intuition,” she said.

Indeed. Pay attention to your gut and remember that consumers have no better advocates than themselves. Have a question? Ask it. Have a concern? Raise it. It beats paying and regretting.

About the author

Mitch Lipka is one of America's leading consumer journalists and advocates. He is an expert in product safety, recalls, scams, and helping consumers get out of jams. He is a nationally known consumer columnist and runs TheConsumerChronicle.com. He lives in Worcester. You can find him on Facebook or reach him at ConsumerNews@Aol.com

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