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Consumer Protection: Advice from The Bucks County Consumer Advocates

November 2008

Q.  There are so many different scams going around I don’t know how
anyone keeps track of them.  The scams come by mail, through the internet, and by phone.  So when my friend Joe received a call telling him that he won a million dollar trust I figured something was not right.  Supposedly he was chosen as the winner because he used his visa card and that’s how they picked him.  He was given a phone number and was told that he could call the Federal Trade Commission and speak with an agent, which he did.  Joe was thrilled because not only did he speak to an agent and was told that it was legitimate and that he did actually win, but he felt confident because the agent also gave him his badge number.  I’m really afraid he is going to be taken, can you help?  S.F., Richboro

A.  Bucks County Consumer Protection was able to find out that the number your friend Joe called did not go to the Federal Trade Commission.  The phone number when called by Consumer Protection was forwarded to a number in Florida.  The same place where the attorney who also called Joe to tell him he was holding the money for him came from.  Joe is very lucky you contacted us or he may have been out a lot of money.  This was a SCAM.   They made Joe feel comfortable by telling him to call the Federal Trade Commission.  Consumers should always take the time to investigate.  Get the phone number to the agency for yourself and don’t just use the number that they give you.  Joe did call the Federal Trade Commission with the number that Consumer Protection gave him and also found out for himself that he was being taken.   

Q.   I am so tired of getting a long recorded message from a so-called business that I supposedly have a business relationship with.  Under that pretence I could establish a business relationship with my local gas station because I bought gas there.  Is there any chance that the do not call law will fix this giant loophole?  D.C., Warwick

A.   Our office can appreciate your feelings.  The Federal Trade Commission (FTC) and The Federal Communications Commission (FCC) have come together and believe they have closed the loophole.  The Federal Communications Commission had a rule that allowed companies to send recorded sales messages to people on the do not call list if there was a pre-existing business relationship.  That created an exemption under the do not call regulation.  Political and charitable calls are also exempt from the do not call law.  The fact that the consumer actually pays for their phone and the service should guarantee them the right to not have any calls come into the home unless the call was initiated by the consumer.  Under pending new rules, after September 1, 2009 companies will only make recorded sales calls to people who have agreed in writing to receive them.  Digital signatures via email are also acceptable.  Another change would require all recorded calls to have a simple interactive way for the consumer to opt out of future calls.  There will still be some exemptions, such as calls confirming appointments, cancellations recalls, political and charitable groups.  As with all new regulations, companies will try and get around them.  So our advice is to be on guard.  Read the fine print in your emails and if you sign anything make sure you are not giving a company permission to call.

Holiday Shopping Tips
Well it’s that time of year again, and Bucks County Consumer Protection would like to remind you of some tips to make your holiday shopping a good experience.  Whether you are shopping in a store, by catalog, or over the computer remember that stores may have their own return policy.  Some stores could have “all sales are final” others may only give a store credit.  Some stores will give refunds, credits, exchanges, or return deposits.  Consumers should trade with the stores which give the desired privileges.  Also note that stores are not required to post signs regarding their return policy. 

Consumers who like the convenience of shopping by mail should be aware of the Mail or Telephone Order Merchandise Rule, which covers merchandise you order by mail, telephone, computer or fax.  This requires companies to have a reasonable basis for claiming they can ship an order within a certain period of time.  By law, a company should ship your order within the time stated in its ads.  If no time is promised, the company should ship your order within 30 days.  The 30 day “clock” begins when the company receives a completed order and has also received the payment.  So make sure the delivery time will fit in with the timeframe that you need the product. 

Be careful if you are buying gift certificates, especially with the way the economy is right now and all the threats of store closings.  The gift certificate can be a convenient gift, but if the business closes its doors, the gift certificate is no good and you wouldn’t be able to get your money back.    When buying a gift certificate, make sure it is for a business that has a good chance of staying open, like chain stores, malls or bank gift cards.  If you are the one to receive a gift certificate don’t wait too long to enjoy it.

Before you purchase, know who you’re dealing with.  If you have doubts about a company, contact your state or local consumer protection office or the Better Business Bureau where the company is located to check their history.  Ask your friends if they have heard of the business.  Keep a record of the companies you deal with over the phone.  Include names, addresses, telephone numbers, and any payments made, including any credit card information given.  Ask about additional fees for shipping and handling, state sales tax, insurance or re-stocking.  And of course with any shopping that you do, remember to keep the receipts.

Q.  We recently had an electrical fire in our stove.  The stove is probably six years old.  No major damaged occurred and the cause of the fire was determined as failure of an electrical component in the stove.  We have addressed everything except figuring out who besides the manufacturer should be made aware of what may be a potential hazard?  P.N., Dublin

A.  Fortunately no one was hurt and the damage to your home was minimal.  Every year products fail and create a hazard or present a danger to the user.  Calling the manufacturer is important but you need to call the Consumer Product Safety Commission (CPSC).  To report a dangerous product or a product-related injury call the CPSC’s hotline at 1-800-638-2772 or go to their website at www.cpsc.gov.  There is a wealth of information on the website and we recommend everyone visit the site.  The Consumer Product Safety Commission has just been given significantly more regulatory powers with the passing of the Consumer Product Safety Improvement Act of 2008.  The Act was enacted into law on August 14, 2008 and passed both the house and senate with only four no votes.  Some of the highlights are the creation of a publicly accessible database of harms related to the use of consumer products that are reported by consumers, government agencies, health care professionals and other non-governmental sources.  The bill enhances the CPSC’s recall authority (there were 448 recalls in 2007), and requires manufacturers of children’s product to place tracking information on all their products.  It also now mandates third party certified lab testing of children’s toys for meeting standards and safety requirements that manufactures must meet.   The bill also improves monitoring of imported consumer products, strengthens the CPSC inspector general’s power, allows for fines to be increased significantly, sets up ethical standards codes for employees and sets up a whistle blower protection for private sector employees who report violations of product safety rules. 

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