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Consumer Protection: Advice from The Bucks County Consumer Advocates

February 2012

Work at Home
Q. I lost my job a while back due to cutbacks.  I have been actively searching for employment without success.  I don’t have a reliable car and was looking close to home for any type of work.  My friend told me about a sign that she saw about working out of my home.  I thought that sounded perfect, but wanted to check it out before I proceed.  It sounds like I can make a lot of money without having to leave the comfort of my home.  Is there anything that I should be looking out for?  C.S., Quakertown     

A. This type of ad can be found everywhere.  The ads are attached to street lights, to telephone poles, in the newspaper and on the internet.  While you may find these ads appealing, proceed with caution.  Not all work-at-home opportunities deliver on their promises.  Many of these ads omit the fact that you may have to work many hours without pay, or they don’t disclose all the costs you will have to pay.  Countless work-at-home schemes require you to spend your own money to place newspaper ads, make photocopies, or buy supplies like envelopes, paper, and stamps.  For the most part a lot of these work-at-home opportunities are nothing more than a scam.  There have been many consumers deceived by these ads and have lost thousands of dollars.  If you are considering work-at-home employment make sure you get some questions answered first.  Get the information in writing.  Legitimate work-at-home program sponsors should tell you in writing what is involved in the program they are selling.  Ask questions about what you will be doing, and make sure they explain every step of the job.  Find out if you will be paid a salary or on commission, and who will be paying you.  Ask when you would receive the first paycheck.  Also, you want to know what the total cost of the work-at-home program will be, including supplies, equipment and membership fees.  The answers to those questions may help you determine whether a work-at-home program is appropriate for your circumstances, and whether it is legitimate.  Above all else remember if it sounds too good to be true, it probably is.

Buying a Dog
Q. I want to buy a puppy for my wife for her birthday.  This is going to be our first dog so I have been researching to figure out which is the best dog for us.  The dog would have to be great with kids and not so big that it takes over our small 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., Southampton

A. The “Dog Purchaser Protection Act” is part of the Unfair Trade Practices and Consumer Protection Law.  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 they purchase one.  For Bucks County Residents who already own a dog this is just a friendly reminder that January 1st was the time to get your dog his/her new 2012 dog license.  Consumers who have just purchased their puppy have until the puppy turns three months old before they require a license.  Be careful, because a dog that is caught without a license can cost their owners a hefty fine.     Consumers can contact Bucks County Consumer Protection at 1-800-942-2669 for a free brochure on Dog Purchaser Protection.

Witholding Rent
Q. I have been living in my apartment for ten years now.  It has been a good arrangement up until about a year ago.  I have asked my landlord so many times to fix things in my apartment that I have lost count.  I’m thinking about not paying him the rent for March until he fixes the problems.  What do you think about withholding rent?  T.W., Levittown 

A. Withholding rent may be appropriate for you only if your repairs would cost more than one month of your rent or your problems are so serious that your home is uninhabitable.  But be careful, because it is not often the wisest choice because many of the courts do not look favorably on withholding rent.  In addition while you are withholding rent you should be looking for another place to live.  Examples of what would not be appropriate problems for withholding rent are torn carpeting, leaky faucets, toilets that won’t stop running, cracked walls, or a normal amount of bugs.  Examples of what might be appropriate are no hot water, no heat in the winter, dangerous conditions in the structure of the home, a seriously malfunctioning sewage system, or an extreme rodent or other type of infestation.  The safest way to withhold rent to try to get the landlord to improve conditions is to put the rent money into a separate bank account from your other funds.  This way, if your landlord tries to evict you or sue you for the money, you can prove to the court that you were not using the money for any other purpose.  The first step in this process would be to write to your landlord via certified mail, telling him about your problems and asking him to fix it.  It must be done in writing even if you’ve already told him before about the problems.  Be detailed about the problems; explain how seriously it affects your family’s home, life, health, safety, cleanliness, etc.  Always keep copies of all of your letters.  Make sure you give your landlord a reasonable amount of time to do the repairs.  If he doesn’t fix the problem, you should write to him again via certified mail.  Tell him that because he has not fixed your problem, your home is uninhabitable, and therefore you intend to withhold your rent.  Tell him that you will begin paying rent again after he fulfills his obligations as a landlord.  Consumers who are interested in viewing the Landlord/Tenant Act can go online at www.buckscounty.org and click on Consumer Protection.

Q. This past weekend a man came to my door claiming to represent PECO and that he could save me money on my electric rates. He said all he needed was my PECO account number and some basic contact information. I was hesitant so I told him I would contact PECO directly.  Is there any way this could be a scam or does PECO offer a promotion like this?  A.C Tullytown         

A. The sales person that came to your door this past weekend was not a PECO representative. He was likely representing one of the alternative energy providers you are able to sign with through the energy deregulation in Pennsylvania.  These sales people work based on commission and there have been reports of some possibly deceptive sales practices being used, which should be reported to the Pennsylvania Public Utility Commission (PUC) complaints hotline at 1-800-782-1110.  Never give your PECO account number unless you would like to switch and sign with that company. Sometimes these deceptive sales people are signing you up with the company they represent and they only need your contact information and PECO account number to make that switch. Always ask what company they represent as there have been reports that some of these sales people will convey that they work with PECO or are affiliated with PECO. There are many companies out there which you are able to switch to as far as generation of your electricity. You may be able to obtain a lower rate through one of these alternative suppliers but should be careful of the terms of the contract and always read the fine print. There are variable rate energy plans as well as fixed rates for a defined term.  Also be leery of early cancellation fees if you are locking yourself into a contract. You also have the option to purchase green energy produced from wind or solar generation. Green energy is good for the environment but may cost slightly more per kilowatt hour.  If you do decide to switch you would still receive your bill from PECO and they would be responsible for maintenance and transmission of the electricity to your home. The only thing that changes is that the company you select will be the electric generation provider and the rates for that will be reflected on your PECO bills. There is a great website through the Pennsylvania Public Utility Commission, www.papowerswitch.com, which can help you search for alternative energy providers and learn more about the terms of their contracts and rates. If you would like more information regarding switching energy providers there is also a toll free hotline, 1-888-PUC-FACT.     

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