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Consumer Protection

Consumer Protection : Advice from The Bucks County Consumer Advocates

January 2006

 

Q. My girlfriend and I exchange Christmas gifts every year. Since she recently moved to Florida she sent me what she thought was a gift Certificate. On the gift certificate is stated that I must call the number that was printed to activate the card. I called the number and for me to activate the card I would have to give my name, address, date of birth, and my social security number. I refused to give my personal information. I was told that I must give this information before I could use it. I felt that I should not have to give all my personal information to use a gift certificate. Is there anything I can do? C.D., Trevose

A. What your friend purchased for you was not a gift certificate, but a re-loadable pre-paid credit card. This required you to give the information to activate the card. Bucks County Consumer Protection contacted the company and was able to cancel the card and refund you the amount of the money that was on the card plus the fee to purchase the card. If looking to get someone a gift certificate make sure it is just that, a gift certificate. Before you make the purchase ask questions. Find out if there are any hidden charges or any extra process that the gift receiver would have to do to use the certificate. A gift certificate should not put any burden on the receiver of your gift

Q. My son bought a used car and the loan company he used has changed the terms of his loan. He signed papers and has a letter from the loan company approving the previous loan. Can they just change terms? R.P., Levittown

A. Our office suggests that your son get all his information together and call a non-profit organization that is currently serving Bucks, Chester, Delaware and Montgomery Counties. The organization is called “The Don’t Borrow Trouble Campaign of Suburban Philadelphia”. The campaign was started to focus on predatory lending issues. Although the campaign is mostly focused on home loans, they also look into other types of loans. This organization has over 30 participating agencies involved and a highly trained intake staff. They have a toll free number, 1-888-275-8843, and consumers can go to their website at www.dontborrowtroublesepa.org. Consumers are encouraged to call for free advice while purchasing a home, refinancing, consolidating debt, taking out a home equity loan, or if they are in need of mortgage foreclosure prevention. Consumers who call will be assisted directly through the help line, or referred to non-profit housing agencies with expertise in home ownership education, housing and financial counseling.

Q. My finance and I have been living in the same apartment for six years. We are ending our relationship and gave the apartment manager our 30 day notice. I stayed in the apartment for the month of October. The manager sent a letter stating that I didn’t pay for the month of October and is keeping the security deposit. I know when we first signed the lease we paid the first month’s and last month’s rent and a security deposit. The manager is saying we didn’t. What can I do to try and resolve this problem? W.C., Levittown

A. Hopefully you still have all the paperwork that you filled out when you moved into the apartment. You will need to show some sort of proof of the last months rent, whether it is a paper receipt, check or money order showing it was paid for “last months rent”. Possibly it was written on the lease that you paid the last month’s rent. It is very important to keep records no matter how many years pass in the same apartment. If you have this proof, write a letter to the apartment manager and send copies of the proof along with the letter. If you do not have this proof, it will be your word against the manager’s word. Consumers need to make sure everything is written out showing what money is paid for which expense. For example, give individual checks for “first month’s rent”, “last month’s rent”, and “security deposit”, and write this in the memo spot on your checks. Make sure these checks stay with your lease and keep them until you have moved out and have received you security deposit.

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Our office has seen a rash of scams that go from the simple to the complex. On that note we wish to send out a general warning for everyone to be alert. The simple scams may just lead to a computer virus. The second degree scam usually costs the victim money. Lottery scams convince people to send money via Western Union or another type of money order to an address and you never hear from them again. People who get this scam may be considered the fortunate ones, because they only lose money and not their identity. Identity thieves use the telephone, computer and mailings to get personal and financial information. They can obtain the information by sending an email saying your account at the bank or credit card company has been changed accidentally and they need you to provide all your information. Identity thieves are professionals that make all their scams seem legitimate. They use legitimate names of businesses and business personnel. Some thieves pose as government agencies or charities that you may actually deal with, so you feel comfortable providing your information. Once they have bank routing numbers, passwords and other personal information they open numerous credit card accounts, utility services, etc… and now you have a new address that may take months before you know about it. Bucks County Consumer Protection encourages all consumers to work on preventing identity theft from occurring in the first place. If a business or organization contacts you, do not provide any personal or financial information to them. Stop and contact the company they supposedly represent. Never assume the number or address they provided is real. Remember lots of thieves work on the weekends so you can’t check the facts out until Monday. By then it will be too late. Consumers can call our office at 1-800-942-2669 for a free copy of “Fighting Back Against Identity Theft”. The Federal Trade Commission at www.ftc.gov has a great website and links for identity theft issues and victims.

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Q. I have a question about credit reports and inquiries made by potential employers. It seems that almost every job I apply for is requesting a credit report. My husband and I are getting ready to apply for a mortgage. Will all these employment inquiries negatively affect my credit score? C.W., Bensalem

A. Inquiries for employment purposes do not negatively affect your credit score. Inquiries for employment purposes fall into a category that is shown only to you. Other inquiries in the same category are preapproved credit offers, account monitoring by existing lenders and requests by you for your own report. Since these inquiries are not associated with a debt, they are not provided to lenders and are usually not considered by risk scoring systems. Your mortgage provider’s request will be on your report because it will result from your application for a loan. When a consumer requests a copy of their credit report, all inquiries will be shown so that the consumer has a complete record of who has accessed the credit history and why.

Q. I was out looking for a pre-paid cell phone for my son for Christmas. I went to several stores and couldn’t believe the difference in the different pre-paid phones. It seems there is a flat daily fee for some of the phones. One phone was as high as 95 cents a day, so if I put $30.00 on his phone that $30.00 would be almost gone in a month without his ever using the phone. Also, the money that you put on the phone is only good for 60 days of service, so if I put 100 minutes on his phone and he doesn’t use it in the 60 days, the minutes that are left are lost. Some phones are 25 cents a minute to make a call and some are 10 cents. How are you supposed to know what is best? K.H., Levittown

A. It sounds like you have done some comparison shopping. That is exactly what needs to be done. There are some pre-paid phones out there that have no daily flat charge. I think that is what you should look for if you are going to go with a pre-paid phone. It is probably best to start with a lower amount of minutes on the phone to see what kind of usage he has in a month so he doesn’t lose his minutes. Ask an employee at the store to show you the difference in the various phones.

Q. I read your Troubleshooter article in the newspaper last week and I don’t think I understand. Is the landlord allowed to keep your security deposit if you miss a month’s rent? A.S., Sellersville

A. The Troubleshooter article that you are referring to was about first and last month’s rent. The point was to make consumers aware that they must keep proper records on what they pay a landlord for as long as they live at the rental property. According to Pennsylvania landlord/tenant law, the security deposit is for damages done to the property by the tenant. The landlord may consider non-payment of rent as damages. To get the security deposit returned, the tenant must give the landlord a forwarding address in writing at or before the time the tenant actually moves out. The landlord has 30 days from the time you actually vacate to either return the deposit or explain in writing his reasons for keeping it. If a tenant disagrees with a landlord about the keeping of the security deposit, then a letter of dispute should go to the landlord asking the landlord to return the security deposit within a certain amount of time. Make sure a copy of this is kept in your files. If the disagreement still stands after the time period you gave the landlord, then you should file in district court to receive a judgment. For a free copy of the landlord/tenant booklet call Bucks County Consumer Protection at 1-800-942-2669.

Q. I am currently on the National Do Not Call Registry. I just got my first opinion survey call. Are public opinion survey calls exempt from the Federal Do Not Call List rules? L.H., Yardley

A. Our office checked the National Do Not Call Registry website for the answer. While the National Do Not Call List eliminates many unwanted calls, some calls are exempt. If the survey is solely for the purpose of conducting a public opinion poll, then it is an exempted call. However, if the survey taker tries to offer anything for sale along with the survey, then they have violated the law. Political solicitations are also exempt. Charities are exempt as well. But if the charity uses a third party telemarketer to make the call you have the right to ask them not to call anymore. Consumers always have the right to choose not to speak to any caller. You can hang up at anytime . For more information on the National Do Not Call List, go to www.donotcall.gov or call 1-888-382-1222. For consumers who would like to get on Pennsylvania’s No Call List, simply go to www.nocallsplease.com or call 1-888-777-3406. Bucks County Consumer Protection recommends taking advantage of either registry. Both have been very successful because violators are prosecuted and fined.