Utah State Law Library http://www.utcourts.gov/lawlibrary/blog/ Serving Utahns' legal research needs since 1852* en Copyright 2010 Fri, 12 Mar 2010 08:22:08 -0700 http://www.sixapart.com/movabletype/?v=3.2 http://blogs.law.harvard.edu/tech/rss 2009's Top Consumer Complaints The Federal Trade Commission, the nation's largest consumer protection agency, receives hundreds of thousands of complaints every year. They have recently issued a report documenting consumer complaints received in 2009. Identity theft tops the list of the fifteen most common complaints at 21% of all consumer complaints received.

The FTC has created a new video, seen here, on how to file a complaint. There are many options for filing a complaint online. You can use the FTC's form (also available in Spanish). If you're serving any branch of the U.S. military, you can file a complaint through FTC's Consumer Sentinel. If you want to file a complaint against an organization located in another country, file your complaint with EConsumer.Gov.

]]> http://www.utcourts.gov/lawlibrary/blog/2010/03/2009s_top_consumer_complaints.html http://www.utcourts.gov/lawlibrary/blog/2010/03/2009s_top_consumer_complaints.html Consumer Protection Fri, 12 Mar 2010 08:22:08 -0700 Free Credit Reports creditrep.jpgEverybody should check their credit history to make sure the information is correct and to watch for suspicious activity. Identity theft can wreck havoc on your life. Stay on top of things by requesting 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, see the FTC's Your Rights: Credit Reporting page. The FTC website also provides information about Credit Reports & Scoring and Credit Cards & Consumer Loans, among many other consumer protection topics.


]]> http://www.utcourts.gov/lawlibrary/blog/2010/03/free_credit_reports.html http://www.utcourts.gov/lawlibrary/blog/2010/03/free_credit_reports.html Consumer Protection Thu, 11 Mar 2010 07:16:27 -0700 Craiglist Scams IC3.jpg If you've used Craigslist to rent an apartment, sell furniture, find a job or countless other things, you probably know you should look out for various scams. Craigslist has its own list of tips on how to avoid scams when using this service, especially when a transaction involves money. For a local Utah perspective, the Division of Consumer Protection has tips to stay safe when transacting business online based on an example of wire transfer fraud that happened here. In addition, in 2008 Utah Attorney General Mark Shurtleff signed an agreement with Craigslist to try to end illegal erotic ads. Per the agreement, posters who advertise erotic services must provide a real, working phone number and pay a fee that will be donated to charity.

Other Craigslist scams have included the false promise of a Better Business Bureau buyer protection program, marriage fraud after a woman advertised for a spouse, and rental housing scams.

Of course, these tips apply to any transaction made online, whether its through an online advertising site like Craigslist or KSL Classifieds or through an online merchant.

So what should you do if you think you have been victimized by a scam or fraudulent transaction? Contact the Internet Crime Complaint Center, a joint venture between the FBI and the National White Collar Crime Center.

]]> http://www.utcourts.gov/lawlibrary/blog/2010/03/craiglist_scams.html http://www.utcourts.gov/lawlibrary/blog/2010/03/craiglist_scams.html Consumer Protection Wed, 10 Mar 2010 08:07:28 -0700 Avoid Job Scams
In today's tough economy, looking for a job can be difficult and stressful. If a job ad is offering the ability to work at home, be a mystery shopper, or is advertising the opportunity to own your own business, be aware that these advertisements may be job scams. The Federal Trade Commission provides tips on how to avoid job scams, such as avoiding any company that is promising you a job or will charge you money. The FTC has also recently begun Operation Bottom Dollar against several companies that have collectively scammed thousands of job seekers.

If you're a Utah resident, you have a variety of ways to research a company offering work opportunities. Check with Utah's Better Business Bureau to find business ratings. Utah businesses are also registered with the Division of Corporations and Commercial Code--you can search for registered businesses, licensed professionals, and UCC filings.

]]> http://www.utcourts.gov/lawlibrary/blog/2010/03/avoid_job_scams.html http://www.utcourts.gov/lawlibrary/blog/2010/03/avoid_job_scams.html Consumer Protection Tue, 09 Mar 2010 08:00:35 -0700 Utah Consumer Protection Resources Be a smart consumer and educate yourself! Start with Utah's Divison of Consumer Protection website, which provides a wide-range of useful resources including:


]]> http://www.utcourts.gov/lawlibrary/blog/2010/03/utah_consumer_protection_resou_1.html http://www.utcourts.gov/lawlibrary/blog/2010/03/utah_consumer_protection_resou_1.html Consumer Protection Mon, 08 Mar 2010 14:09:43 -0700 National Consumer Protection Week National Consumer Protection Week

March 7 -13 is National Consumer Protection Week.

In honor of this week, State Law Library staff will blog on consumer-related topics including Utah consumer protection resources, scams, free credit reports and consumer complaints. We hope you find these posts useful!

]]> http://www.utcourts.gov/lawlibrary/blog/2010/03/natonal_consumer_protection_we.html http://www.utcourts.gov/lawlibrary/blog/2010/03/natonal_consumer_protection_we.html Consumer Protection Mon, 08 Mar 2010 07:42:09 -0700 New Rules for Credit Card Companies CREDIT CARD.JPG As we've mentioned before, the regulation of credit card companies has been discussed at various branches of the federal government, with the Federal Reserve Board imposing a number of new regulations on these companies.

Effective today, credit card companies must now follow an additional set of rules that will be enforced by the Federal Reserve. The new rules mean your credit card statement might look different than before.

What to expect:

  1. The credit card company must tell you how long it will take to pay off the balance if you only make minimum payments.
  2. If the credit card company raises the interest rate, it can only apply to new charges.
  3. The due date to pay the balance must be the same each month.

The Federal Reserve Board has more information at What You Need to Know: New Credit Card Rules.

]]> http://www.utcourts.gov/lawlibrary/blog/2010/02/new_rules_for_credit_card_comp_1.html http://www.utcourts.gov/lawlibrary/blog/2010/02/new_rules_for_credit_card_comp_1.html Consumer Protection Mon, 22 Feb 2010 11:06:26 -0700 Beware of Haiti Charity Scams haiti relief.jpgYou have most likely heard about the devastating earthquake in Haiti that killed at least tens of thousands of people. Many organizations are soliciting monetary donations to support the relief effort. The Red Cross has already solicited over $3 million through a simple donation method: texting. However, the Utah Division of Consumer Protection has urged Utah residents to beware of unregistered charities that are soliciting donations.

The Division of Consumer Protection reminds Utahns to beware of charity scams by taking the following preventions:

  • Do not reply to unsolicited e‐mail (SPAM) messages and do not click on any links within unknown emails.
  • Be wary of people claiming to be officials who are asking for e‐mail donations.
  • Only open email attachments from people you know. Attachments may contain viruses that can impair your computer.
  • Never give out personal or financial information over the phone or through an email which could result in identity theft.

To ensure you're donating to a registered charity, check out the list of registered and exempt charities available on the Division of Consumer Protection's site.

For continued information on the relief efforts in Haiti, visit the U.S. Department of State or the Center for International Disaster Information.

Photo Credit:

http://www.flickr.com/photos/dvids/ / CC BY 2.0

]]> http://www.utcourts.gov/lawlibrary/blog/2010/01/beware_of_haiti_charity_scams.html http://www.utcourts.gov/lawlibrary/blog/2010/01/beware_of_haiti_charity_scams.html Consumer Protection Thu, 14 Jan 2010 11:26:16 -0700 Product Safety Recalls toy.jpegThis holiday shopping season, you're probably browsing stores for the best bargains. How can you be sure that the gifts you're buying are safe? The U.S. Consumer Product Safety Commission (CPSC) is in charge of protecting the public from injury or death from defective consumer products like kids' clothing, toys, household appliances, and sports equipment. Product recalls are searchable by month and year. You can also report unsafe products, read product safety tips, or sign up for future recall announcements. The agency's regulations can be found in 16 CFR Ch. II.

Not all products are protected by the U.S. Consumer Product Safety Commission. You can find a larger collection of safety recalls, including those released by the CPSC, at Recalls.Gov. You can search recalls or browse them by broader categories, like motor vehicles.

]]> http://www.utcourts.gov/lawlibrary/blog/2009/12/product_safety_recalls_1.html http://www.utcourts.gov/lawlibrary/blog/2009/12/product_safety_recalls_1.html Consumer Protection Wed, 09 Dec 2009 08:34:39 -0700 Buyer Remorse? Black_Friday_shoppers_in_2009.jpg Black Friday and Cyber Monday have come and gone. Do you regret any of your purchases? What are your rights as a consumer to return your purchases for refunds?

Check out the resources available online at the Utah Division of Consumer Protection's website. The Division has compiled a "Buyer Beware List" that provides information about companies that have violated laws and rules and have failed to follow the Division's order to pay a fine or other restitution. From the home page, you can also access a Frequently Asked Questions section, including whether you have a 3-day right of rescission for your purchases.

The Consumer Sales Practices Act, found in the Utah Code at Title 13, Chapter 11 and the Consumer Sales Practices Act Rules, found in the Administrative Code at 152-11 govern the rights and obligations of both the business and consumer. For example, Rule 152-11-10 states that a receipt must be provided to the buyer with these six pieces of information:
1) Description of the consumer commodity
2) The cash selling price
3) Trade-in information, if any
4) The length of time a refund or trade-in is available, if at all
5) Whether the purchase is refundable and under what conditions
6) Any other additional fees

If you made a major purchase over the Thanksgiving holiday weekend, such as a car, house, or boat, other laws might protect you. For example, if you bought a new car on Black Friday and now realize you're driving a lemon, Utah's lemon law might provide some protections. Check out our previous post Don't Get Stuck with a Lemon for information.

]]> http://www.utcourts.gov/lawlibrary/blog/2009/12/buyer_remorse.html http://www.utcourts.gov/lawlibrary/blog/2009/12/buyer_remorse.html Consumer Protection Tue, 08 Dec 2009 11:12:31 -0700 New Proposed Rules for Gift Cards giftcardblog.jpg Planning to buy gift cards for friends or family members this holiday season? The Federal Reserve Board has recently proposed rule changes to the Federal Reserve System's Electronic Funds Transfer regulation (12 CFR Part 205) that would limit the service and inactivity fees that can be placed on gift cards unless cards have been inactive for more than a year, there is no more than one fee per month, or if fees are fully disclosed to the consumer. The rules would also require expiration dates of cards be no less than five years from the date issued or date funds were last added.

You can read the full text of the proposed rules in the November 20th, 2009, issue of the Federal Register.

Want to comment on these proposed rules? Submit your views and read other people's comments through the Federal Reserve's Rulemaking Proposals page. Comments can also be submitted online through Regulations.Gov. You must submit your comments by December 21, 2009.


]]> http://www.utcourts.gov/lawlibrary/blog/2009/11/new_proposed_rules_for_gift_ca.html http://www.utcourts.gov/lawlibrary/blog/2009/11/new_proposed_rules_for_gift_ca.html Federal Government Mon, 23 Nov 2009 08:11:45 -0700 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.html http://www.utcourts.gov/lawlibrary/blog/2009/10/federal_credit_card_law_update.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