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Consumer Protection: Advice from The Bucks County Consumer Advocates

July 2009

Q.  I moved into a rental home in February.  Last week I thought I was helping a neighbor and removed several bushes and a small tree from what I thought was her property.  It turned out to be the property of my landlord and he was not happy.  He told me that I had no authority to remove or change anything on his property.  I was given a bill in the amount of $1600.00 for damages and was told that I had 30 days to pay.  I explained that I could not come up with that kind of money in 30 days and he told me that if I didn’t pay it within the 30 days that he would start the eviction process.  Can he hold me responsible for the removal of the tree and the bushes and can he really evict me if I don’t pay that bill, when I’m still paying my rent on time?  T.M., Bristol      

A. Yes, he can hold you responsible for taking out the tree and bushes on his property.  Tenants would need to have written authorization before changing anything at a rental property.  Also, a landlord could go to court and try to evict a tenant if he feels that the tenant has breached the lease in any way, and then it would be up to the District Justice to make that decision.  Bucks County Consumer Protection has contacted the landlord and the agreement was made that the tenant would have to pay the bill for damages within 90 days or the landlord would follow through on the eviction.  Consumers who would like a free copy of the Landlord/Tenant Act may contact our office at 1-800-942-2669.

Q. I want to buy a puppy for my wife.  This is going to be our first dog so I have been researching what might be the best dog.  The dog would have to be great with kids and not so big it takes over our home.  One thing that I have found in my research is that dogs don’t come cheap.  How do I go about buying a dog that is healthy and worth the money?  G.M., Richboro

A.  The “Dog Purchaser Protection Act” is part of the Unfair Trade Practices and Consumer Protection Law.  The law was created to protect both the consumer and the business.  The most important thing to remember is that there is a time limit on what action can occur. Too many consumers are not aware of these limitations and often try to get health issues resolved after the time limit is over. Being an informed consumer will help protect your rights.  Pet shops and kennels must be licensed by the Department of Agriculture.  This law requires that a seller must provide the buyer with a health record stating the dog’s breed, date of birth, sex, color, any markings, vaccinations and parasitical medicines given to the dog.  The seller must also sign a statement that all the information is true.  The seller has to provide either a health certificate from a veterinarian or a Guarantee of Good Health signed by the seller stating that the dog is free from disease and defects and does not appear clinically ill from parasitic infection.  If within ten days after purchase your dog dies from or is certified by a veterinarian to have an infectious disease or to be clinically ill; or within thirty days your dog dies from or is certified by a veterinarian to have a congenital or hereditary defect, you may return the dog for a replacement or a full refund, or you may keep the dog and be reimbursed for reasonable veterinary fees up to the purchase price.  Consumers should take their new puppy to their own trusted veterinarian soon after purchase. Consumers should go to the Pennsylvania Attorney General website at www.attorneygeneral.gov and view the complete regulations for dog purchases and while there check out the requirements for veterinarians. 

Q. My wife sent away for a supplement that she saw in a magazine.  This supplement was supposed to stop osteoporosis.  She received the supplement in the mail and we both thought they looked like candy.  She figured since she had them she would give them a try, but when she took them she started getting really bad indigestion.  She went to her doctor about the indigestion and they both figured out that it was probably the supplements.  She called and canceled the monthly order of supplements following the directions the company gave, but our credit card is still being billed.  The credit card company helped us by freezing our account, but boxes of supplements are still coming to our door.  Can you help us with this issue?     A.B., Levittown

A. Consumer Protection contacted the company and they will credit you for any unopened boxes of supplements that you send back, plus they have taken you off their mailing list so you shouldn’t receive any more shipments.  There are a lot of miracle drugs that promise quick cures and easy solutions to many different problems from your health to beauty issues.  Consumers who fall for fraudulent “cure all” products usually don’t find what they are hoping to get from the product.  Usually they end up feeling like they have been taken.  Then consumers end up wasting their money and a lot of their time trying to return these “miracle” products.  Some products may even cause serious harm.  To avoid becoming a victim of fraud, consumers need to learn how to access health claims and seek the advice of a health care professional.  When evaluating health and beauty-related claims of these so called miracle products that are going to “cure all”, be skeptical.  If something sounds too good to be true, it usually is.      

Q. Last year my mother bought a prepaid oil contract and it worked out okay.  This year we are checking several different oil providers.  Only two companies have sent a copy of their contract for us to review.  It seems they want her to agree on the phone and take her verbal commitment as a binding agreement.  We have not agreed to anything at this point.  What should we be aware of before locking into a contract?  S.W., Newtown

A. The most important decision is to make sure you understand all the terms of the contract.  Make sure there is never an automatic renewal of the terms when the contract expires.  Remember when your contract starts and when it is finished.  Most contracts have a terms and conditions section that includes a financial penalty for canceling a contract.  A really important part of your contract outlines what happens if you use less fuel then you prepaid.  That needs to be spelled out.  Most companies offer a pre-pay program that will lock the consumer in at a certain price for the entire year.  However if the price of oil drops you are still stuck paying the higher price.  That is where the CAP programs come into play.  A cap protection is usually a two or three hundred dollar upfront fee that guarantees the agreed upon price and if the price of oil drops so will your cost.  However, if it rises the cap guarantees that the price will not exceed your agreed upon price per gallon.  There are also budget programs that allow you to pay each month for twelve months at a set price per gallon.  If you have a cap with that program you will likely be assured that the price will not go up and that if the price goes down you will get the lower price.  There is also the automatic delivery market price.  Basically you are signed up for the year to get deliveries automatically and you will be billed at the market price for that day.  There is also the option of just paying cash on delivery from anyone you choose to use.  There is usually a minimum delivery required with this option.  The price you pay will be market price.  We encourage every consumer to ask questions before agreeing to anything.  Make no commitment until you know the costs and penalties and understand the terms fully.

Department of Consumer Protection /
Weights and Measures
Michael D. Bannon
Director
50 North Main Street
Doylestown, PA 18901
Phone: 215-348-7442
Fax: 215-348-4570
Canny Consumer Hotline 1-800-942-2669