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Consumer Protection: Advice from The Bucks County Consumer Advocates

May 2007

Q.  I have had trouble paying my rent in the past, but always was able to come up with the money.  This month has been difficult with my having to pay some medical bills.  I still do not have all the money and it is already May 17th.  My landlord gave me notice that I have five days to be out.  It is also written in my lease that a tenant must move out in five days for failure to pay rent.  I explained to him that he would have to take me to court.  He said that since it is written in my lease and that I signed it I have to be out in the five days.  He said he could change my locks at the end of the fifth day.  Can he do this just because I signed a lease that states I would have to be out in five days if I am late with my rent?  P.T., Fairless Hills         

A.  No, the landlord would still have to follow the procedures for eviction.  Just because the landlord puts a clause in a lease does not overrule Pennsylvania law.  He must file a claim in District Court.  Consumer Protection contacted him and explained the procedure that he must take.  He understands and will file a claim with the District Court in the area of the apartment’s location.  The landlord is sympathetic to your problem, but this is his livelihood.  If you don’t pay your rent a landlord has every right to start eviction.      

Q.  I gave an advance payment of $800.00 to a business to come and have some trees cut back.  They promised to be back in three days, but never came back.  I tried calling several times and never received a call back.  Their ad had a local phone number, but did not list an address.  How can I get my refund?  A.H., Levittown    

A.   You should question the reason a business doesn’t give you an address.  If you don’t have a physical address for a company, you will have a hard time finding them if something goes wrong.  There are businesses that have several different phone numbers to make you believe that they are in your area, when they are not.  Bucks County Consumer Protection was able to obtain an address and the business refunded your money.  This business was cooperative, but some businesses hide behind a non-existent address with a phone number that can be easily disconnected.  Some businesses just give you a cell phone number that cannot be traced.  When dealing with a business, make sure you have their address.  Investigate the business before handing over your hard earned money.  You can contact Bucks County Consumer Protection at 1-800-942-2669 to check on a business.

Q.  My mother received a letter asking her to donate to a group called TREA Senior Citizens League.  The letter refers to the Notch Fairness Act of 2007 and basically states that there was an error in Social Security.  The letter requests a signature to petition the congress to correct the error and pass a $5000 lump sum payment to the affected age group.  Is there anything to this or is it just junk?  P.N., Dublin

A.   The Notch Fairness Act of 2007, (H.R.368), would amend the Social Security Act to allow workers who attain age 65 after 1981 and before 1992 to choose either lump sum payments over four years totaling $5000 or an improved payment benefit over 10 years.  It was introduced to a committee on January 10, 2007.  Some legislation never makes it out of the committee and to the house floor.  This group is the political action arm of the organization and the donation is not tax deductible.  They want to use the data and money to prepare a detailed report to show how the number of affected age group people is spread out in relation to a congressman’s district.  The more affected people the more likely it would get supported.  The fewer the number the less likely it gets support.  The idea is to sort out who has to be sold on the idea and who does not.  The catch is again this is not a tax deductible donation, but if you or your mom support the proposed action call your local congressman and let your opinion be known. 

Q.   I opened an email that said an overseas business is currently seeking representatives in the United States.  It said yearly income of $30,000 dollars.  No investment needed.  I went to the website and it looked ok.  Since I am home most of the day I thought about taking a chance.  What do you think?  C. W., Chalfont

A.   Stay away.  Ninety-nine percent of these email offers are scams.  Email is the new electronic junk mail.  Spam and scams are all over the internet.  The authorities can barely handle the complaints that the internet generates.  Websites are easy to set up and require very little financial investment to a scammer.  Scams and theft are as active as ever and technology has made them easier to reach potential victims.  We always look at an offer with the old adage that “if it sounds too good to be true, then is usually is”. 

Q. I had rented a storage unit for several years.  I lost my job and couldn’t make my payments.  I’ve wanted to set up some payment arrangements, but I don’t know how much I’ll be able to pay.  I went to my storage unit and was denied access.  I called and was told that I am not allowed on the property until I pay the back rent.  Somebody else told me that if I don’t pay they could sell my personal property.  I did receive some kind of notice last week.  Can they sell my personal property?  G.Y., Levittown

A.  The facility followed the enforcement provisions of the Pennsylvania “Self-Service Storage Facility Act”, since you had been in default continuously for more than a period of 30 days.  The owner sent you notice of default and had the right to deny access according to your renter’s agreement. There is also a receipt showing that certified mail was sent to you and showing your signature.  The notice gave you an additional 30 days from the time you received it to pay your debt.  The notice informed you that your property might be advertised for sale or disposed of, if payment is not made.  Before any sale or other disposition of personal property you may pay the amount necessary to satisfy the owner’s lien and other expenses incurred to redeem your personal property.

Q. We just moved into our first home.  I want to make several flower beds.  I do not want to buy bagged mulch because the beds are going to be large.  This may be a foolish question, but how do I buy bulk mulch?  M.S., Plumsteadville

A. Mulch is sold by volume and should be sold is terms of a cubic yard.  To know how much you will need, you should know how much a yard contains.  A cubic yard is twenty seven-cubic feet.  A cubic yard will cover 162 square feet at a thickness of two inches.  As a general rule two cubic yards fill the bed of a standard size pick-up truck.  If you get the mulch delivered check the load before it is dumped.  Make sure it is free of debris and trash.  You can measure the load in cubic feet before it is dumped by simply multiplying the length, width and height of the load.  Then divide by 27 to obtain cubic yards.  You should also get a receipt with the name, address and phone number of the seller.  If there are any question on your delivery contact the seller immediately. 

Q.  My husband passed away this past winter.  I still have his car and really don’t have anyone in the family who needs it.  It still has a lot of good miles left and I am thinking about donating it to some charity.  I am unsure how to do this and what to look out for.  I don’t want to have any problems coming back to me after the car has been donated.  What should I do?  P.D., Newtown

A.   Before you donate your vehicle make sure you do some homework.  Check to make sure that the charity is registered to solicit with the charity registration office.  You can reach the Bureau of Charity Donations at 1-800-736-0999.  Find out what happens to the donated car.  Some programs give your car to a needy family.  Others could sell your car to raise funds for their organization.  When you find a charity that you want to give your car to, make sure you remove your license plate.  Make sure the title is signed and notarized so the vehicle is not in your name.  Keep copies of your documentation showing that the vehicle is no longer yours.  You may never need to pull it out, but is better to be safe than sorry.  Donating your vehicle is very generous, but you may also want to check with your accountant for any tax benefits that may be associated with this donation.  Ask for a copy of the organization’s Internal Revenue Service determination letter that verifies the soliciting group is tax exempt as a charity.  Do not assume that a charitable-sounding organization requesting donations is eligible to receive tax-deductible gifts.  

Q. I received a solicitation in the mail to join a future leader’s who’s who list.  Can you tell me anything about it?  M.B., Doylestown

A. There are dozens of these groups in existence that claim you or your child has been named to an exclusive organization.  They all have a publication deadline which makes you respond with your money in order to be included on the newest publication.  Some of the publications may come in book form others may be a highly ornate certificate.  It is technically not a scam, because the usually deliver the product, but it is certainly a rip off.  Solicitations like these go right after our egos and wallets.  It is all about making money off the consumer.  Our advice is to treat it like any junk mail and toss it in the recycle bin. 

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