| Charitable Solicitations Door-to-Door Sales Home Repair Fraud Landlord-Tenant Law Lien-Law Telemarketing Fraud Warranties Charitable Solicitations ^ (back to top) Most charities are honest and put their charitable dollars good use. However, there also are many so-called charitable groups spend the vast majority of donations they receive on salaries, administrative costs and little--if any--on those in need. Also, many charitable organizations hire professional fundraisers to solicit money. The fundraisers, not the charities, keep most of the donation. In Most States Most charitable organizations must register with the Attorney General, Office of Consumer Affairs, or an equivalent state or county office. Some charities exempt from this provision include religious organizations and educational institutions. Organizations that must register are required to file annual reports with the Attorney General's Office and, on request disclose how much of the solicited money is spent on fundraising costs. The key to fighting charity fraud is to ask these questions:
Tips on Dealing with Solicitors
Charitable Solicitations -- Check on Charities Charitable organizations and professional fundraisers are required to register with state and local authorities. Ask and demand to see identification and verification. Check with your local city or county consumer agency administrator, county prosecutor's office of consumer affairs or state Attorney General's office for the specific laws in your state on this issue. Unscrupulous sellers try to victimize consumers in their own homes, selling everything from magazines to vacuum cleaners to energy-saving products. These sellers often use high-pressure or scare tactics and sometimes misrepresent the quality and value of their products. Complaints show that consumers have paid several times the going rate for comparable merchandise and services. To avoid being victimized by an unscrupulous seller, follow these tips:
Canceling an Agreement In many state the law provides that you have the right to cancel any credit (not cash) contract within a given number of business days after the sale (excluding Saturdays, Sundays and legal holidays) if the seller personally solicited and presented the contract in your home. But, there is no uniform rule that applies in every state. States that allow for cancellation of home solicitations exempt cases where:
Check with your local city or county consumer agency administrator, county prosecutor's office of consumer affairs or state Attorney General's office for the specific laws in your state on this issue. Consumers routinely file complaints about workers who accept money for repair jobs they never finish or who fail to honor warranties on home improvement projects. A common complaint concerns a deceptive asphalt scheme. In this scam workers offer to use leftover asphalt from one job to repave your driveway. More often than not, the workers either start the job and then say it will cost hundreds or thousands more to complete it, or they will just lay black paint instead of asphalt on the driveway and leave town with your money. Another common complaint concerns work on foundations and attics, which you are unable to see. Many times, recommended repair work is worthless, unnecessary and vastly overpriced. Phony Workers Phony workers like these are a special breed of con artists called "gypsies." Unfortunately seniors are often their prime targets. The reason is simple: Half of all seniors own their own homes and most of them live in older homes. Sometimes these homes do need repair work and crafty con artists look for this situation. They usually ask for a large down payment before they begin the work, and there even have been reported cases where the repairman goes to the bank with the consumer to withdraw the money. Sometimes con artists use the obituaries or city directory to find seniors living alone. Some con artists claim to be city building or health inspectors who are there to check out the furnace. Once in the basement they either cause damage or claim a health or safety threat exists. Phony Inspectors Be wary of anyone who offers to inspect your home for free. They may be looking for defects ranging from a leaky roof to termite or foundation damage. If they tell you damage exists, always get a second opinion before you sign a contract or agree to have any repair work done. Other con artists simply use repair come-ons to get into your home. These people usually work in groups of two or three. For example, one distracts you with a bogus furnace inspection while the others search and burglarize your home. Once they have your money and valuables they leave. Tips to Help Avoid Con Artists
Landlord-tenant disputes are a common occurrence in the renting process. Some of these disputes could be avoided if landlords and tenants were aware of their rights and responsibilities. The following is a general statement of the law, but it varies from state to state. The Lease Renters are bound either by an oral or written agreement. Written agreements are more common and offer greater protection to both tenant and landlord. When considering a written lease agreement, the tenant should remember to:
Security Deposit In many states the law requires a landlord, within 30 days of the termination of the lease, to return the full deposit or cash the tenant with an itemized list of damages for which any portion of the deposit is kept. Prior to the expiration of the 30-day period, the landlord must notify the tenant of the time and date the landlord plans to inspect the dwelling to determine any damage. The landlord cannot prevent the tenant from being present during the inspection. The landlord may keep a part or all of a deposit to compensate for or repair actual damage done, not to include normal wear and tear. If the landlord has wrongfully withheld a part or all of a deposit, the tenant may sue to recover up to twice the amount wrongfully withheld. Repairs You may have more success if you request the landlord to make repairs within a reasonable period of time. If the repairs are not made, the tenant may send, by registered mail, a written request for the necessary repairs. The tenant should keep a copy of the letter. If the repairs still are not made, the tenant may seek legal assistance. If the dwelling becomes unsafe due to the repair problems, the tenant should contact the local health or housing authorities. Tenants and landlords need to remember if rent payments are withheld pending completion of repairs, the renter may be in violation of his lease and may be subject to eviction. If a tenant damages property, consistently fails to pay rent on time or otherwise violates the terms of the lease, the landlord may begin eviction proceedings. A landlord may not evict a tenant without a court order. Attempts by a landlord to physically remove a tenant or his property without a court order should be reported to the police. Check with your local legal aid office, state and country bar associations, city or county consumer agency administrator, county prosecutor's office of consumer affairs or state Attorney General's office for brochures and explanations of specific laws in your state on this issue. When you hire a general contractor to build a home or to home repair or remodeling work, the general contractor becomes the middleman between you and any others who provide labor supplies for the project. In most cases homeowners pay their general contractors, who in turn pay their material suppliers and subcontractors. But there have been cases in which the homeowner paid the contractor in full, but the contractor failed to pay his subcontractors. The subcontractors then filed liens on the homeowner's property, forcing the homeowner to pay for the work or labor a second time. Check References One of the best things you can do to protect yourself from liens is to for references from any contractor you are considering hiring for home building, improvements or repairs. Be sure to specify you want recent references. When you get the references, thoroughly check them out. One of the best things you can do to protect yourself from liens is to for references from any contractor you are considering hiring for home building, improvements or repairs. Be sure to specify you want recent references. When you get the references, thoroughly check them out. Check with your local legal aid office, state and country bar associations, city or county consumer agency administrator, county prosecutor's office of consumer affairs or state Attorney General's office for brochures and explanations of specific laws in your state on this issue. The Federal Trade Commission estimates that American consumers lose $1 billion a year from deceptive peddling of goods and services over the telephone. The majority of companies involved in telemarketing are reputable firms that use the telephone to sell quality goods and services. However, there are unscrupulous companies involved in telemarketing fraud, which is defined as the use of telephone communications to fraudulently promote goods or services. Fraudulent sales callers use phony prizes, cheap products and high-pressure sales tactics to defraud consumers. They attempt to sell goods and services such as investments in oil and gas leases, gemstones, "free" vacations and substandard office supplies. Protect Yourself To protect yourself or your business from telemarketing fraud, keep these tips in mind:
Tougher Federal Laws Under the Telephone Consumer Protection Act, if you clearly inform a company to not call you again, and does within 12 months, you may sue the company for $500 or your actual monetary loss, whichever is greater. How to Handle Sales Calls Many consumers enjoy receiving phone calls at home about products or services. But the choice is yours. When you receive a sales call:
If you want to reduce the number of home solicitation calls you receive from national companies, put your request in writing and send it to: Telephone Preference Service If you complained about a problem with a product while it still was under warranty, you are entitled to get it repaired under the terms of your warranty contract. Even if your warranty has ended but you complained about problem before the expiration, a company still is expected to repair or replace the product under the warranty terms. However, keep copies of repair orders and the warranty if you need to back up your claims. To help prevent future problems when you make a major purchase, compare warranties on competing products. Questions to Ask
Spoken Warranties Sometimes a salesperson will make an oral promise, for example, that the store will provide free repairs. Have the salesperson put the promise in writing, or do not count on the service. Service Contracts When you buy a car, home or major appliance, you may be offered a service contract. Although often called extended warranties, service contracts are not warranties. Warranties are included in the price of the product. Service contracts come separately from the product at an extra cost. To decide whether you need a service contract, you should consider several factors: whether the warranty already covers the repairs you would get under the service contract; whether the product is likely to need repairs and what the potential costs might be; how long the service contract is in effect; and the reputation of the company offering the service contract. Resolving Disputes If you are faced with any problems with a product or with obtaining the promised warranty service, here are some steps you can take. Carefully read the product instructions and warranty. Do not expect features the product was not designed to give or assume warranty coverage that never was promised. Having a warranty does not mean you automatically get a refund if a product is defective. The company may be entitled to try to fix it first. First discuss your complaint with the retailer. If you cannot reach an agreement, write the manufacturer. Your warranty should list the company's address. Send all letters by certified mail and keep copies. If this doesn't work, you can call your local consumer protection agency; contact the company's dispute resolution organization; take your case to small claims court; or consider a lawsuit. CONSUMER FRAUD | INVESTMENT | HEALTH | AUTOMOBILES | HOME | ENTERTAINMENT | CONSUMER ACTION Press here to visit The Consumer Law Page. |
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This article was edited and reviewed by FindLaw Attorney Writers | Last reviewed March 26, 2008
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