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Consumer Protection: Advice from The Bucks County Consumer Advocates

August 2009

Q.  About three weeks ago I received a text message on my phone.  I did not recognize the sender and deleted it.  When I received my phone bill, there was a $19.99 charge on it.  The charge is from a company called Fly Cell.  Apparently they have something to do with ringtones and music downloads.  I tried contacting them but without any success.  What is the next option I have?  J.D., Warrington

A. Our office contacted your provider, and they stated that if you paid their portion of the bill it would not affect your service.   Fly Cell is a wireless businesses service that does in fact sell music downloads, ringtones and an array of other subscription services.  They stated that you applied for service through their website. The representative we spoke to stated that the text you received is how they make a confirmation.  The problem is that consumers need to open this text and reply back if they do not want the service.  That’s the catch, as most of us who get a text from an unknown source delete it.  They have agreed to cancel your service and refund your money.  This practice is very deceptive in nature and your complaint has been forwarded to the Pennsylvania Attorney General Office’s and the Federal Trade Commission.  The company is a wholly owned subsidiary of the Italian Company Acotel Group.  It has been in business since 2004.  According to their website www.flycell.com they have a toll free number that is 1-800-580-0017 and an email customer service support system.  We advise everyone using the Internet and cell phone Internet service to take time and read the terms and conditions of any company you may use.  This particular company does appear to have similar complaints of unauthorized billing.  Anyone who may receive billings like this should call the company first and if the issue is not resolved, file a formal complaint with the state or the Federal Trade Commission. 

Q.  I have several credit cards with a large balance on all of them.  I never had problems paying until last year.  I lost my job, which paid a lot more than the job that I currently have.  This past year I have been late on my payments.  When I could pay, I could only pay the minimum.  One of my credit cards turned my debt over to a debt collector.  After that, the nightmares began in earnest.  The debt collector is calling ever day pushing for the entire sum that I owe.  I cannot possible pay that full amount if I can barely make the monthly payments.  The debt collector has become impossible.  I’m getting calls at work, at home, and even my mother received a call asking to get in touch with me.  I have been at my job for less than a year and I don’t know how much they will put up with.  What can I do?  D.T., Fairless Hills   

A.  To keep a debt collector from calling your place of employment you need to send a written letter to the debt collector telling them that your place of employment prohibits you from receiving such communication.  Keep a copy and send it certified mail, return receipt requested.  This should stop the calls to your place of employment.  If a debt collector contacts a third party, it can only be to try to locate you.  They may not discuss any of the debt with the third party.  I will send you a copy of the Fair Debt Collection Practices Act so you can read the law more in depth.  Consumers should be very careful when using credit cards.  The cards are so easy to use and you don’t realize how quickly they can add up.  Don’t ignore you debt thinking you won’t be able to make the payment.  Call your credit card company and explain your situation.  Try to get a payment plan that you can make each month and stick with it.  If the company won’t work with you try a credit counselor, who may be able to make arrangements with the holders of you debt.  It is always easier to work out a payment plan before the debt gets turned over to a debt collector.  Consumers who are interested in using a credit counselor should use a non-profit counseling service where you can walk in and talk with a person.   Consumers can call Bucks County Consumer Protection at 1-800-942-2669 for a free brochure of the “Fair Debt Collection Practices Act.”

Alert
Our office is constantly receiving calls from people who have been scammed out of as little as $100 and as much as $20,000.  Many of these scams could have been prevented had folks had a resource to check on the email, letter or phone call that eventually led to the loss of money.  There are also numerous scams that do not catch people because they stopped before they reacted.  They thought about the saying “if it sounds too good to be true then it probably is.”  We would like to encourage people who receive calls, emails or letters to verify the facts before responding to anyone.  Calls to our office, the Bucks County Consumer Protection Office, the Pennsylvania Attorney General’s Office and even the Postal Service can be very helpful in determining a fraud or scam.  Most government websites have helpful news releases about certain scams and even have email alerts that can help keep consumers informed and out of trouble.  There is also a very good website called Consumer Fraud Reporting.  The site contains a large data base of ongoing scams and new scams.  We highly recommend consumers visiting the site at www.consumerfraudreporting.org.

Q. I received a letter from a company stating that they believe they found money that belongs to me.  The catch is that I have to first send $35.00 to them for their services and then they would provide me with further information.  Also, they don’t even guarantee that this “found” money is definitely mine.  I’m afraid that I would pay this money and then find out that the money that supposedly is in my name is not really mine and then I’m out the $35.00.  A friend of mine told me that there is a place I can go on my own to see if I have any unclaimed money.  Can you help out with that information?  C.D., Croydon    

A. There are numerous companies that try and sell information that consumers can obtain for free.  This company looks at the names on the unclaimed property listings that every state maintains.  In the case of Pennsylvania the list and property are maintained and held by the Treasury Department.  The Treasury Department receives abandoned property each year.  It comes from checking and savings accounts, forgotten stocks, dividends, un-cashed checks, certificates of deposit, life insurance policies, etc.  Pennsylvania’s Abandoned and Unclaimed Property Act requires numerous businesses and financial institutions to turn over the property after a certain time frame.  Consumers can call the Treasury toll free at 1-800-222-2046 and speak to someone who can help to look up their information.  Consumers can also go online to www.patreasury.org: click on the “Unclaimed Property” heading on the home page, and after that, click on “Search for Property.  Then just enter your name in the correct boxes.  Either way is quick and free.  If you or someone you know has lived in other states they can also check for unclaimed property for no charge by going online to www.unclaimed.org, which is the National Association of Unclaimed Property Administrators.  They have links to every state agency that administers unclaimed property.

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