Dealing with a mistaken collection notice
Q. I received a collection notice for an unpaid ticket in Washington, D.C. in April 2011. The notice indicates I was driving a Buick and listed a D.C. license plate number and driver’s license. Here’s the problem: I wasn’t in D.C. in April 2011, I’ve never driven a Buick, and I have a Massachusetts driver’s license. I called the collection agency and they indicated I need to provide a notarized document from the D.C. Department of Motor Vehicles proving this ticket isn’t mine. I tried, but couldn’t get through to a real person and couldn’t contest the ticket online. While I realize paying $65 is probably easier than fighting the system, it’s the principle. My perfect credit score has been downgraded by 100 points. How do I solve this dilemma?
Timothy J. Burr, Rutland
A. Fortunately, I had a bit better luck reaching the folks at the D.C. DMV. They didn’t make it easy, but they did provide a path out of this mess.
First, they scolded you about not surrendering your license plates when you lived there more than 20 years ago. “He let them expire; therefore, legally, he is still responsible for the license plate,” Vanessa E. Newton, a spokeswoman for the Washington, D.C. Department of Motor Vehicles, wrote in an email.
She said they mailed notices about the ticket to the last address they had for you, from which you had moved from more than 20 years ago. Then they turned it over to a collection agency. Collection agencies are far better, it seems, in tracking down someone’s address than a motor vehicle agency.
Now, you have to prove it wasn’t you, and it wasn’t your car. Then you have to convince a hearing officer this was a case of “excusable neglect.”
This is another example of just how important it is for consumers to at least once a year get a free copy of their credit history from the official AnnualCreditReport.com site. It’s always better to catch a mistake or learn that you’re being charged for something that makes no sense so you can get it taken care of – before you get rejected for a credit card, mortgage or car loan.
And apparently it’s good practice to surrender license plates when you move.
Mortgage rejection reveals credit error
When Joanna Yang applied for a mortgage pre-approval she received a jolt. Two of the credit scores her lender ran were nearly 100 points lower than the first. The reason: A vet bill showed up as being in collection. It was a mistake that was supposed to have been cleared up a year earlier.
So, with the mortgage on hold, the Winchester woman tried to straighten out the mess as quickly as she could. "I was told that it will take 30 to 90 days for the change to be reflected on my credit report," she said. "And I won't be able to buy a house during these 30 to 90 days, while the market is moving so quickly."
She appropriately filed disputes with both credit reporting agencies that showed the bill in collection and had lengthy dealings with both the veterinary chain and the collection agency. Credit expert John Ulzheimer, president of consumer education for SmartCredit.com, said it's important to take these steps in the right order. File the disputes, and get the company that made the error to acknowledge it. The company then has to tell the collection agency.
After doing that, Yang got written confirmation from the vet acknowledging the mistake and from the collection agency saying the entry would be removed from her credit history. The Fair Credit Reporting Act says such mistakes should be cleared up immediately.
Yang was concerned the collection agency, I.C. System, was not moving very quickly. The company's president, John Erickson, said "due to confidentiality requirements and I.C. System’s own internal policies" he couldn't comment. He also declined to explain how such situations are supposed to work.
Ulzheimer said when an error is found it should take a day or two to make the correction.
Clifton O'Neal, spokesman for TransUnion – one of the credit reporting agencies that received the erroneous collection notice – acknowledged that once the determination is made that an item is in error it can be fixed that quickly. And, by the end of the day, TransUnion had updated Yang's credit report.
To avoid such urgency in correcting a mistake, O'Neal suggested: "It is always a good idea to check your credit report 30 to 60 days before making a big purchase, such as a house or car, to ensure there are no surprises on your credit report. It also gives you time to correct any issues you might find."
Wedding video company owner ordered to pay $500,000 for ripping off couples
The owner of SureShot Portraits, which authorities said ripped off more than 150 couples by charging them for wedding videos that were never provided, was ordered to pay more than $500,000, the state Attorney General's office said.
Jesse Clark of Charlton, who operated SureShot, was ordered to pay more than $136,000 in restitution and $370,000 in civil penalties and fees. He was also forbidden from being engaged in such work in Massachusetts. SureShot had a storefront operation in Shoppes at Blackstone Valley in Millbury.
"SureShot stole thousands of dollars from newlyweds during what should have been the happiest moment of their lives,” Attorney General Martha Coakley said. “We are pleased that this judgment orders restitution for the couples robbed of their priceless memories and permanently prevents the defendant from taking deposits from any consumer in Massachusetts again.”
Complaints began piling up against SureShot, which collected deposits or full payment from the couples but never delivered the videos. Some video footage was obtained by investigators and provided to some of the victims. Clark collected $800 to $2,000 for each video order, Coakley's office said.
Clark also operated the business under the names SureShot Videography, In Focus Studios, Magnolia Films, Wedding Filmology, and Wedding Avenue, and used the aliases John Francis, Jaie Hart, and Michael Collins.
It is not unusual for those planning weddings to become targets for unscrupulous vendors.
Warranties aren't all we'd want them to be
It’s time to get some perspective folks. Two consumers I wrote about recently ended up with new replacement products after the ones they bought turned out to be lemons. One got a new washer and the other a new computer system.
It seemed to be clear (at least to me) that what these people got was much more of an exception than the rule. Most warranties do not offer a brand new product to take the place of one that failed.
But several letters from readers followed making demands for brand new merchandise because of repair issues. Warranties are intended to ensure that you get a product that functions as it is supposed to. That usually means a repair.
While it is a plus for consumers that Massachusetts has a law of implied warranty (you have protection even without a written warranty), it isn’t a ticket to get something new every time you have a product that fails. The law is vague, saying the product should work as it is supposed to “for at least a reasonable period of time.”
Is it reasonable to expect that period to be a few weeks, a few months or a few years? That all depends. But it’s safe to say that the more time that goes by, the less likely you are to convince anyone it’s reasonable.
Additionally, the law doesn’t say you get a brand new product to replace the faulty one. What it does say is, “You will receive repairs, a replacement, or a refund if it is not the quality or condition represented.”
While it is understandable to want a brand new item, most situations don’t call for that. If the product was recently purchased, or is defective and can’t be fixed, you could end up with a new one. But most companies won’t want to give up a new product when they could provide a refurbished model or make repairs instead.
If you’re going demand a new product as a replacement, consider that the company has some latitude, so make a clear case for why. It’s OK to make a play for what you’d really like, but the odds can be long and your expectations should be set accordingly.
Unlicensed contractor ordered to pay $150,000 in restitution and penalties
An unlicensed contract authorities say collected payment and failed to finish the work he was hired to do was ordered to $111,000 in restitution, the state Attorney General's office said.
Kyle Buckminster of South Grafton was also ordered to pay $35,000 in civil penalties, and $12,600 in fees.
“Unlicensed home contracting work takes away business from honest contractors and puts homeowners at risk,” Attorney General Martha Coakley said.
Her office filed a complaint against Buckminster in November. He has done business under the following names, Coakley's office said: Buckminster Construction, Kyle Buckminster Fine Custom Carpentry and Finishing, Mid-Cape Construction and Fine Custom Carpentry, Blue Ocean Builders, and First Commonwealth Builders.
His home improvement contractor's license was revoked 13 years ago, Coakley's office said. The Office of Consumer Affairs and Business Regulation investigated four complaints against Buckminster from South Grafton residents about failing to honor his contracts to do work, which led to the litigation.
Even after being penalized by Consumer Affairs, Coakley's office said Buckminster continued to seek more jobs and claimed he was licensed. They said he collected more than $40,000 for a West Yarmouth construction project and never paid any of the nearly $10,000 in penalties assessed by Consumer Affairs.
The state has a database of registered contractors, who must abide by a set of rules intended to protect consumers. In order to qualify for certain consumer projections in Massachusetts, homeowners must use a contractor that is registered.
Problem with JetBlue flight resolved
Q.We had booked a flight to Florida this summer on JetBlue. Then we were notified that JetBlue, without our permission, rescheduled our flight from earlier in the day to one that arrives after midnight. Since this is a vacation trip, this change involves paying for a hotel and car rental when we wouldn’t even be there. A phone call to their customer service department resulted in no offer to change the flight without incurring a $100 change fee. Can you help?
Paul ODonnell, Reading
A. Airlines generally have a lot of sway under their contracts with what they can do. JetBlue needed to move around its schedule, so it did, and then told you of the change. These sorts of situations, while not routine, tend to happen well ahead of time – allowing some time to try to make a further adjustment, if need be.
It’s not entirely clear why your flight was changed and JetBlue won’t discuss details about specific passengers, but the itinerary has since been adjusted to one that better fits your plans.
“In general, we have a thoughtful system for scheduling and reviewing flights to ensure that they occur at the most optimal times possible for our customers,” said JetBlue spokeswoman Allison Steinberg. “On the rare occasion when we do need to change a flight schedule, we work to notify and assist customers to minimize the impact of that change. We understand that not every change is convenient and are always willing to work with our customers to provide the best customer experience.”
If a customer is notified of a change and they’re unhappy about it, they should call the airline’s customer service number. “If the schedule change is more than 30 minutes, we will rebook them with no fee,” Steinberg said.
When logic seems to have been lost in the shuffle and you run into a wall, it’s worth calling back to see if you get a more sympathetic customer service representative. You also can, on the first or second try, ask for a supervisor if you’re not making headway. In this case, JetBlue not only did right, but made clear how it handles such situations.
Enjoy your trip.
NHL Playoffs: Beware bogus Bruins gear
As teams get deeper and deeper in the playoffs, as the Bruins have in making the NHL's Eastern Conference Finals, the hunger for team apparel and souvenirs grow -- and with that the chance of ending up with counterfeit products.
The NHL issued a warning to fans that they could be targeted by "bootleggers attempting to sell unauthorized and poorly produced knock-off merchandise."
?The Stanley Cup Playoffs are prime time for counterfeiters to take advantage of innocent fans,? Tom Prochnow, group vice president of NHL Enterprises said. ?Many consumers are unaware of the tell-tale signs that are associated with counterfeits."
To protect its relationships with companies licensed to sell NHL products, the league, as other leagues have done, has a hologram that can be found on official products.
The NHL offers the following tips to help fans avoid buying knock-offs:
- Look for the hologram sticker or holographic hangtag and a sewn-in or screen-printed label identifying the name of the NHL licensee that has been authorized by the NHL to produce genuine or official merchandise
- Shop at legitimate retailers, such as the Boston Bruins Proshop or Shop.NHL.com, the official online store of the NHL, rather than buying items from street vendors, flea markets, overseas websites or other questionable sources.
- Beware of ripped tags or irregular markings on apparel.
The NHL said more than 3,000 pieces of counterfeit NHL merchandise were seized during the 2012 Stanley Cup Playoffs.
Earlier this month, a Chicopee man pleaded guilty to selling phony Bruins, Red Sox and Patriots gear from five sporting goods stores he owned in locations including Worcester, Chicopee and Springfield.
Complaining right is key for consumers
It can be challenging to fight for your rights as consumers. There are no guarantees of winning. The fight can be frustrating, to be sure.
But look no further than Terri Johnson of Plymouth to find an example of how working the angles and being persistent can result in a positive outcome.
Johnson had purchased a new computer set-up earlier this year – desktop, monitor, printer, etc. – and had nothing but problems. She spent hours on calls to customer service, had repair people come to her house several times, and did everything to try to get her computer working properly.
Then the computer manufacturer, Dell Inc., said rather than keep trying to fix the machine they would just replace it. And this is where many consumers get upset…the replacement was a refurbished model. If you look at most warranties, you’ll see that’s what’s you’re entitled to most of the time.
Still, after all the upset – dealing with a lemon of a computer and all the service issues for months – she demanded more. Johnson wanted a new machine.
So, she complained to the company and filed complaints with the Better Business Bureau and state Attorney General’s office. Some companies are very tuned into complaints filed with the Better Business Bureau and Dell happens to be one of them.
So, Johnson got a call from a Dell supervisor who decided to fix the situation. A new computer, monitor and printer arrived and a technician was dispatched to put it all together at no charge.
Johnson showed that if you keep at it, no matter how many obstacles you might encounter, it is possible (if a company cares about its reputation) to find a way to get a good resolution.
Clearly, it doesn’t always work out as well as it has for Johnson, but you need to take the steps she did to have a chance at a satisfactory outcome.
Follow the company’s rules of engagement. State the problem clearly. Propose a tangible solution. Ask for outside help (Better Business Bureau, state Consumer Affairs office, Attorney General, a consumer advocate, etc.) when you’re stuck. There are other angles, too, but Terri Johnson did it by the book and it worked.
Way to go.
Hiring a contractor in Mass. the right way
Spring has sprung and homeowners across the state are gearing up for home improvement projects. So, it’s worth more than a gentle reminder that when those projects involve hiring a home improvement contractor, it’s important to follow guidelines to protect yourself.
Massachusetts has a program that can help situations when a consumer is left in the lurch. But you’ve got to play by the rules first. And playing by those rules can save you by ensuring that you’re dealing with a registered contractor with insurance.
It’s easy to check. Their registration number should appear on their advertising materials, contracts and permits.
To verify the registration – and see if any cases have been brought against them – the state has a searchable contractor registration database that can be found on the website of the Office of Consumer Affairs and Business Regulation.
Using a registered contractor gives you the ability to turn to the state if you run into a problem. And, in the worst case, allows you to apply for compensation from the state Guaranty Fund, which can provide up to $10,000 to cover certain uncollectible losses.
Before choosing a contractor, you’ll want to have three bidders provide you with detailed, written estimates. Consumer Affairs recommends providing each of the contractors, in advance of getting the estimates, with a detailed description of the work to be done.
Ask them to provide a list of references and call them. Compare closely the differences between the bids, noting types of materials they propose using and other details that could account for price variations. Then choose one.
Before you sign the contract, Consumer Affairs recommends that it include the contractor’s name and registration number, the total price and payment schedule, a detailed list of the materials and specifications, the start and end dates, how changes will be handled, a copy of the contractor’s insurance, and a warning that if you get your own building permits, you’ll be disqualified from collecting from the Guaranty Fund.
One more thing: State law prohibits contractors (with limited exception) from charging more than one-third of the job’s price before work begins. Using an unlicensed contractor means tossing away your safety net and hiring someone who chooses to not follow the law.
Making sense of food labels
Q. Our family buys ground turkey rather than ground beef. Still, if you read the label, the fat content of ground turkey is not necessarily conducive to good health. Here is one case in point from our freezer: “lean Ground Turkey,” advertised as“93% Lean, 7% Fat.”
Turn the package over and read the label and you get a different story. The nutrition facts say that in a 4 ounce serving, there are 160 calories, of which 70 calories are from fat. My math says that this ground turkey is 43.75 percent fat, not 7 percent. I asked one of the companies and they said that’s just the way it is.
Am I missing some important knowledge about food content?
Ben Myers, Harvard
A. Food labels can be misleading. They are really advertisements, after all. But this is a situation that’s confusing because of how the figures are calculated.
First, the US Department of Agriculture, which regulates meat, does not require nutrition labels on ground poultry. However, when the label claims the product is “lean,” then a nutrition label must go on to support that claim.
“When a food label lists fat as a percent -- ‘93% lean contains 7% Fat’ -- they are referring to the percent of the actual weight of the product that contains or does not contain fat,” explained Debbi Beauvais, a registered dietitian and spokeswoman for the Academy of Nutrition and Dietetics, a professional association in Chicago.
Protein and carbohydrates contain less than half the calories of fat, she said. In other words, fat content is going to account for a far greater percentage of calories. So, your math is correct – it just doesn’t account for the percentage of fat by weight, just the
share of calories.
Food labels can be both a consumer’s best friend and worst enemy. Understanding them is key. More on that soon. Have you seen any labels that you found misleading?
Father & Son Movers settles charges
Billerica-based Father and Son Moving and Storage agreed to pay up to $202,000 to settle charges of holding customers' goods hostage to collect inflated fees, the state attorney general's office said.
“Consumers place their faith in moving companies, entrusting them with their most valuable possessions and hard-earned money,” Attorney General Martha Coakley said. “This settlement protects consumers from further harm, provides them restitution, and requires that this business will operate honestly and fairly from now on.”
In addition to the company, defendants company president Bryan Taylor, company treasurer Keith Taylor, and PR Taylor Enterprises, LLC,
The attorney general's office took Father and Son to court in October, accusing the firm of running ads that "falsely promised reliable, customer-focused service and low estimates of fees to induce consumers to contract for their services." Once the company secured the business, it would then demand more money before it would release consumers' belongings.
Of the maximum of $202,000, Father and Son must pay $75,000 in consumer restitution.
Another $110,000 in penalties is due to the state, with $50,000 of that suspended. The company would have to pay that additional amount if it violates the terms of the settlement. The company also had to pay additional fees and costs.
You can find more information about moves within Massachusetts here.
Samsung dryer resolution hits a snag
Q. We are having an absolutely horrible experience with Samsung. We purchased a new Samsung washer and dryer and after about six weeks of use, the washing machine failed. I called Samsung and 10 days later a service technician came to evaluate the washer. He was unable to repair the machine. Eventually Samsung decided that we should get an exchange rather than a repair, which meant that they would replace our defective washer with a new one. Then we were told that an exchange was not possible because the retailer, The Home Depot, did not participate in their exchange program. Instead, we would be issued a refund. Now we are running into roadblocks. Three times we have submitted to them the original cash register receipt and the invoice showing the itemization of the merchandise purchased, yet we have been told repeatedly that our refund request has been rejected. We need your help.
Rachel Werkema, Ashland
A. Sometimes consumers get stuck in a weird place from which there appears to be no way out. Kudos for quickly realizing this was one of those situations.
Despite help from The Home Depot, whatever wall you were running into with Samsung appeared unmovable. You seem to have taken the proper steps: You documented everything, you contacted the right people, followed up, and even escalated the problem to the executive level.
It's nice to see someone actually do all the right things. It should have worked. Because it didn't, this was an easy fight to take on. Still, it ends up back in the company's hands to see if they'll make it right. Fortunately, Samsung did.
"Samsung is committed to delivering a positive experience for our customers," the company said in a statement. "While we aim to provide 100 percent customer satisfaction, regretfully in this case there was an unintentional mistake that caused a delay in the refund process. Samsung has been in communication with the Werkemas, and we expect that the refund will be delivered to them within 5-7 business days."
Sure, it would have been nice if they did a bit more to make nice after the delays and frustration of dealing with them, but the refund is what you were due and, at last, you'll get it. Not every dispute is so black and white, but when it is, you have to look for every edge you can to get someone to listen.
Health club contracts still an issue
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
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
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
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
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
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
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
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
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
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
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?
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
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.
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








