Utah State Law Library http://www.utcourts.gov/lawlibrary/blog/ Serving Utahns' legal research needs since 1852* en Copyright 2009 Wed, 14 Oct 2009 08:42:00 -0700 http://www.sixapart.com/movabletype/?v=3.2 http://blogs.law.harvard.edu/tech/rss Stop Medicare Fraud medicare.jpg
The Department of Justice and Health and Human Services have partnered to create the Health Care Fraud Prevention and Enforcement Action Team (HEAT). The Team has created a website called Stop Medicare Fraud, which provides resources to help identify and protect against Medicare fraud and information on how to report it.

To protect against fraud
- Guard your Medicare and Social Security Numbers.
- Be suspicious of anyone who offers you free medical equipment or services and then requests your Medicare number.
- Do not let anyone borrow or pay to use your Medicare ID card or your identity.

Common Medicare fraud schemes include
- People who approach you in parking lots, shopping centers, or other public areas and offer free services, groceries, transportation, or other items in exchange for your Medicare number.
- People who call you claiming to be conducting a health survey and ask for your Medicare number.
- Telephone marketers who pretend to be from Medicare or Social Security and ask for payment over the phone or Internet.

If you suspect you have been the victim of a Medicare fraud scheme, contact the Office of Inspector General at 1-800-447-8477.

]]> http://www.utcourts.gov/lawlibrary/blog/2009/10/stop_medicare_fraud.html http://www.utcourts.gov/lawlibrary/blog/2009/10/stop_medicare_fraud.html Consumer Protection Wed, 14 Oct 2009 08:42:00 -0700 Federal Credit Card Law Updates CREDIT CARD.JPGThe Credit Card Accountability Responsibility and Disclosure Act of 2009, signed and passed into law this May, has several consumer protection provisions that have already gone into effect, according to a recent FDIC Consumer Alert, including:

• Credit card issuers must provide a 45-day advance notice of rate increases and inform a card holder of his or her right to cancel an account before the rate increase begins.

• Monthly credit card statements must be mailed or delivered to customers at least 21 days prior to a payment due date.

While most of the provisions were set to be effective in February and August of 2010, the U.S. House Financial Services Committee recently introduced H.R. 3639, Expedited CARD Reform for Consumers Act of 2009, which would move the effective date for those provisions back to December 1, 2009.

You can keep track of this legislation at THOMAS. Search by bill number H.R. 3639 under Search Bill Status & Summary to follow the bill's latest actions.

]]> http://www.utcourts.gov/lawlibrary/blog/2009/10/federal_credit_card_law_update_1.html http://www.utcourts.gov/lawlibrary/blog/2009/10/federal_credit_card_law_update_1.html Consumer Protection Thu, 01 Oct 2009 16:08:59 -0700 2008 Mortgage Fraud Report: Year in Review The FBI has recently released the 2008 Mortgage Fraud Report--Year in Review, which discusses mortgage fraud issues and threats from a law enforcement perspective. Because this report identifies emerging schemes of mortgage fraud, it may help you identify whether you may have been a victim of mortgage fraud. It also provides graphs and maps with information about top markets for foreclosure.

The report identifies these emerging and continuing areas of mortgage fraud schemes:
* Reverse mortgage fraud
* Credit enhancement
* Builder-bailout schemes
* Foreclosure rescue
* Serial property flipping
* Short-sale schemes

To address these issues and other mortgage fraud cases, the FBI created the National Mortgage Fraud Team. For more information about the Team, you can listen to the FBI's podcast about mortgage fraud or read FBI Deputy Director John S. Pistole's congressional testimony on mortgage fraud.

If you have a mortgage fraud complaint, you can report it to the FBI using this form.

]]> http://www.utcourts.gov/lawlibrary/blog/2009/09/2008_mortgage_fraud_report_yea.html http://www.utcourts.gov/lawlibrary/blog/2009/09/2008_mortgage_fraud_report_yea.html Consumer Protection Thu, 10 Sep 2009 09:46:00 -0700 New Ban on Robo-Calls effective September 1st PHONESCAM.JPG A new ban on robo-calls, or prerecorded messages, went into effect September 1, 2009. Companies can no longer make robo-calls without written consent from the consumer first. Without this consent, a telemarketer can face a penalty of up to $16,000 per call. The ban is one of many amendments that were made to the FTC's Telemarketing Sales Rule, which were announced last year in the Federal Register.

Some companies have already faced litigation for making robo-calls. Transcontinental Warranty, Inc., is now banned from making robo-calls to scam consumers into purchasing vehicle service contracts. The FTC sued Transcontinental Warranty, Inc., earlier this year in response to numerous complaints received about the company's calls.

Not all types of prerecorded calls are banned, such as calls from banks or charities. The rule applies mostly to telemarketing calls from businesses.

Consumers who receive robo-calls without their consent can file a complaint with the FTC either at donotcall.gov or by calling 1-888-382-1222.

]]> http://www.utcourts.gov/lawlibrary/blog/2009/09/new_ban_on_auto_warranty_roboc.html http://www.utcourts.gov/lawlibrary/blog/2009/09/new_ban_on_auto_warranty_roboc.html Consumer Protection Fri, 04 Sep 2009 10:32:01 -0700 Free Upcoming Consumer Information Class small_claims.jpgIf you're in the Salt Lake City area, the AAA Fair Credit Foundation is offering a free seminar on Avoiding Predatory Lending Products on Wednesday, August 19th, from 6:00 to 7:00 p.m. It will be held at the Foundation's office at 230 West 200 South, Suite 3104. The class will teach how to identify and avoid predatory lending products.

Space is limited and registration is required. Visit the event registration page to reserve your spot for this class. The Foundation updates an online calendar of events, so keep your eye on this page for future class dates and times.

]]> http://www.utcourts.gov/lawlibrary/blog/2009/08/free_upcoming_consumer_informa_1.html http://www.utcourts.gov/lawlibrary/blog/2009/08/free_upcoming_consumer_informa_1.html Consumer Protection Thu, 13 Aug 2009 11:56:01 -0700 FTC Consumer Alert: Debts of Deceased Relatives Foreclosure-Invoices.JPGThe Federal Trade Commission recently released a consumer alert to help people who may be concerned about debts of deceased relatives, and whether or not they are responsible for those debts.

Paying the Debts of a Deceased Relative: Who Is Responsible? explains a surviving relative's basic rights under the Fair Debt Collection Practices Act, including what you should do if a debt collector calls about a deceased relative's debts.

For more consumer information about debt collections, visit the FTC's consumer facts page on credit and loans.

]]> http://www.utcourts.gov/lawlibrary/blog/2009/08/ftc_consumer_alert_debts_of_de.html http://www.utcourts.gov/lawlibrary/blog/2009/08/ftc_consumer_alert_debts_of_de.html Consumer Protection Tue, 04 Aug 2009 08:36:16 -0700 Consumer Law Information For information about consumer law issues and advocacy tips, see the National Consumer Law Center.

This site provides useful consumer brochures like What You Should Know About Debt Collection and also has a special section on consumer information for seniors.

]]> http://www.utcourts.gov/lawlibrary/blog/2009/03/consumer_law_information.html http://www.utcourts.gov/lawlibrary/blog/2009/03/consumer_law_information.html Consumer Protection Fri, 06 Mar 2009 09:45:51 -0700 Don't Get Stuck With a Lemon! If you've bought a new car, motorcycle or motor home and are having persistent problems with it that can't be repaired, you may have a lemon on your hands.

Utah's New Motor Vehicle Warranty Act (aka the Lemon Law), Utah Code §13-20-1 et seq. defines when a new vehicle is considered a lemon, and what your remedies are. Used car purchases are not covered under the Lemon Law.

The Division of Consumer Protection has created rules related to this law - New Motor Vehicle Warranty Rules, Utah Administrative Code R152-20

The Utah Division of Consumer Protection's Automobiles page has more information about the Lemon Law, as well as other car-related issues.


]]> http://www.utcourts.gov/lawlibrary/blog/2009/03/draft_dont_get_stuck_with_a_le.html http://www.utcourts.gov/lawlibrary/blog/2009/03/draft_dont_get_stuck_with_a_le.html Consumer Protection Fri, 06 Mar 2009 08:05:02 -0700 National Do Not Call Registry Hate those annoying phone calls from telemarketers just as you're sitting down for dinner?

By now you should know about the National Do Not Call Registry, which allows you to register your phone number telling telemarketers you don't want to hear from them. It used to be that you had to re-register your number after 5 years, but the Do-Not-Call Improvement Act of 2007 (P.L. 100-187) now makes registratration permanent.

You can register up to three telephone numbers at a time, including cell phone numbers. It can take up to 31 days from when you register for telemarketers to remove you from their call lists.

Some Limitations
Registering will not stop all calls. Political organizations, charities, and telephone poll-takers are still allowed to call you. Registration is for personal phone numbers only - not fax numbers or business numbers. Information about stopping unwanted faxes is available on the FCC website

Filing a Complaint
If you registered more than 31 days ago and a telemarketer you think is covered by the National Do Not Call Registry has called, you can file a complaint:

Online: www.donotcall.gov
Toll-free at 1-888-382-1222 (TTY: 1-866-290-4236)

To file a complaint, you must know the name or telephone number of the company that called you, and the date the company called you.

]]> http://www.utcourts.gov/lawlibrary/blog/2009/03/draft_national_do_not_call_reg.html http://www.utcourts.gov/lawlibrary/blog/2009/03/draft_national_do_not_call_reg.html Consumer Protection Thu, 05 Mar 2009 08:00:10 -0700 Junk Mail Be Gone junk.jpg
Since it's Consumer Protection Week, it's time to protect your mail box and e-mail from unwanted solicitations. Unwanted junk mail fills up your mail box and trash bin (or, hopefully your recycle bin) and you waste time deleting e-mail spam messages.

The Direct Marketing Association web site allows you to stop receiving credit card offers, catalogs, magazine offers, and other mail offers by simply entering your mailing address and selecting which offers you no longer want to receive. Over 3,600 organizations belong to DMA, and if you say you don't want to receive a member organization's offer or ad, they will stop sending it to you.

Note that if you're already a customer of a certain company, you have to directly contact the company to stop sending you mail. DMA provides the e-mail address, phone number, and address of customer service offices. But if you're just a prospective customer, signing up with DMA gets you off that company's list.

DMA also allows you to opt-out of receiving unwanted marketing e-mails with their e-mail Preference Service.

OptOutPreScreen.com provides a way for you to opt-out of receiving firm offers for credit and insurance. You can opt out for five years or forever. Opting out of prescreened or preapproved offers doesn't mean you're ineligible to apply for credit cards--it just means you get to contact the credit card company when and how you choose.

And what about junk faxes? While it's not as easy to opt-out of receiving junk faxes, the Federal Communications Commission provides information about how to remove your fax number from company lists and the complaint procedure. You can also file a complaint with the Utah Division of Consumer Protection.

]]> http://www.utcourts.gov/lawlibrary/blog/2009/03/junk_mail_be_gone.html http://www.utcourts.gov/lawlibrary/blog/2009/03/junk_mail_be_gone.html Consumer Protection Wed, 04 Mar 2009 12:30:42 -0700 Free Credit Reports Yesterday Joanne blogged about identity theft. One way to monitor your credit history for suspicious activity is to request a copy of your credit report each year.

The Fair Credit Reporting Act (FCRA) requires that each of the three nationwide credit reporting companies - Equifax, Experian and TransUnion - provide you with a free copy of your credit report upon your request every 12 months. You can request your reports online, via a toll-free phone number or by mail.

http://annualcreditreport.com

Beware of imposter websites! This is the only authorized website to request your credit reports!

1-877-322-8228

Annual Credit Report Request Service
P.O. Box 105281
Atlanta, GA 30348-5281

For more information about getting free credit reports, read the FTC's publication Your Access to Free Credit Reports.


]]> http://www.utcourts.gov/lawlibrary/blog/2009/03/draft_free_credit_reports.html http://www.utcourts.gov/lawlibrary/blog/2009/03/draft_free_credit_reports.html Consumer Protection Tue, 03 Mar 2009 08:00:13 -0700 Identity Theft Awareness If you're a Utah resident and a victim of identity theft, you can use the state's Identity Theft Reporting Information System (IRIS) to report it. You can also check on the status of an existing case.

IRIS also provides step-by-step guidelines for resolving situations related to identity theft, such as unauthorized credit card charges or lost identification cards.

IRIS also has general education resources such as scam and identity theft alerts to keep you posted on data breaches happening locally and nationally, a media center with videos featuring topics such as credit freeze and phishing, as well as an interactive timeline where you can learn about how identity theft laws were created in Utah.

The Federal Trade Commission has additional educational resources for consumers, including tips to minimize your risk for becoming a victim.

]]> http://www.utcourts.gov/lawlibrary/blog/2009/03/working_draft_identity_theft_a_1.html http://www.utcourts.gov/lawlibrary/blog/2009/03/working_draft_identity_theft_a_1.html Consumer Protection Mon, 02 Mar 2009 09:15:25 -0700 National Consumer Protection Week National Consumer Protection Week
March 1 - 7 is National Consumer Protection Week.

In honor of this week, State Law Library staff will blog on a variety of consumer-related topics including identity theft, junk mail, Utah's lemon law, the National Do Not Call Registry and how to request your free credit reports. Stay tuned for these informative posts!

]]> http://www.utcourts.gov/lawlibrary/blog/2009/03/draft_national_consumer_protec.html http://www.utcourts.gov/lawlibrary/blog/2009/03/draft_national_consumer_protec.html Self-Help Mon, 02 Mar 2009 07:15:44 -0700