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describe purchase name of
product, serial numbers include date and place of purchase
state problem give history
ask for specific action
enclose copies of documents
allow time for action state how you can be reached
Keep copies of your letter and all related documents. |
A number of suggestions are included here to help you become a
smarter consumer. They cover a broad range of topics. If you are
repairing, leasing, or buying a car; buying a home; investing in
commodities or securities; or purchasing any number of products
or services in the marketplace, the tips offer ways to make the
best decisions and to be alert to fraud or scams. Covered also
are the various marketing schemes, such as telemarketing, mail
order, and door-to door sales.
Check with your local consumer protection office and Better
Business Bureau for other consumer information on a variety of
topics. Their addresses and phone numbers are listed on pages 71
and 34, respectively.
Car Repair
- Choose a reliable repair shop recommended to you by family or
friends or an independent consumer rating organization. Check out
the repair shop's complaint record with your state or local
consumer protection office or Better Business Bureau.
- When you take the car to the shop, describe the symptoms. Don't
diagnose the problem.
- Get more than one estimate. Get them in writing.
- Make it clear that work cannot begin until you have authorized
it. Don't authorize work without a written estimate or, if the
problem can't be diagnosed on the spot, insist that the shop
contact you for your authorization once the trouble has been
found.
- Don't sign a blank repair order. Make sure the repair order
reflects what you want done before you sign it.
- Is the repair covered under warranty? Follow the warranty
instructions.
- Ask the shop to keep the old parts for you.
- Get all warranties in writing.
- Some car manufacturers might be willing to repair certain
problems without charge even though the warranty has expired.
Contact the manufacturer's zone representative or the dealer's
service department for assistance.
- Keep copies of all paperwork.
Some states, cities and counties have special laws that deal with
auto repairs. For information on the laws in your state, contact
your state or local consumer protection office.
Buying a Used Car
- Check newspaper ads and used car guides at a local library so
you know what's a fair price for the car you want. Remember,
prices are negotiable. You also can look up repair recalls for
car models you might be considering.
- Call the Auto Safety Hotline at (800) 4249393 to get
recall information on a car. Authorized dealers of that make of
vehicle must do recall work for free no matter how old the car
is.
- Shop during daylight hours so that you can thoroughly inspect
the car and take a test drive. Don't forget to check all the
lights, air conditioner, heater and other parts of the electrical
system.
- Do not agree to buy a car unless you've had it inspected by an
independent mechanic of your choice.
- Ask questions about the previous ownership and mechanical
history of the car. Contact the former owner to find out if the
car was in an accident or had any other problems.
- Check with your local department of motor vehicles to find out
what you need in order to register a car.
- Ask the previous owner or the manufacturer for a copy of the
original manufacturer's warranty. It still might be in effect and
transferable to you.
- Don't sign anything that you don't understand. Read all
documents carefully. Negotiate the changes you want and get them
written into the contract.
- For information on recalls and safety issues, see page 10 under
new car sales.
Buying from a Private Individual
Generally, private sellers have less responsibility than dealers
for defects or other problems.
- Check with your state's motor vehicle department on what you
will need to register a vehicle.
- Make sure the seller isn't a dealer posing as an individual.
That might mean the dealer is trying to evade the law and might
be an indicator of problems with the car. Look at the title and
registration. Make sure the seller is the registered owner of the
vehicle.
- Ask the seller lots of detailed questions about the car.
- Have the car inspected by your mechanic before you agree to buy
it.
Buying from a Dealer
Check the complaint records of car dealers with your state or
local consumer protection agency or Better Business Bureau.
- Read the "Buyers Guide" sticker required to be displayed in the
window of the car. It gives information on warranties, if any are
offered, and provides other information.
- In most states, used cars may be sold "as is." If the "as is"
box is checked off on the "Buyers Guide," you have no warranty.
- If the "warranty" box is checked off on the "Buyers Guide," ask
for a copy of the warranty and review it before you agree to buy
the car.
- Have the car inspected by your mechanic before you agree to buy
it.
- Some states have laws giving extra protection to used car
buyers. Contact your state or local consumer protection office to
find out what rights you might have.
To order a free publication on buying a used car, contact the
Federal Trade Commission, Public Reference Section, 6th and
Pennsylvania Avenue, N.W., Room 130, Washington, DC 20580,
2023262222.
Buying a New Car
- Evaluate your needs and financial situation. Read consumer
magazines and test drive several models before you make a final
choice.
- Find out the dealer's invoice price for the car and options.
This is what the manufacturer charged the dealer for the car. You
can order this information for a small fee from consumer
publications you can find at your local library.
- Find out if the manufacturer is offering rebates that will
lower the cost.
- Get price quotes from several dealers. Find out if the amounts
quoted are the prices before or after the rebates are deducted.
- Keep your trade-in negotiations separate from the main deal.
- Compare financing from different sources, for example, banks,
credit unions and other dealers, before you sign the contract.
- Read and understand every document you are asked to sign. Do
not sign anything until you have made a final decision to buy.
- Think twice about adding expensive extras you probably don't
need to your purchase, for example, credit insurance, service
contracts or rustproofing.
- Inspect and test drive the vehicle you plan to buy, but do not
take possession of the car until the whole deal, including
financing, is finalized.
- Don't buy on impulse or because the salesperson is pressuring
you to make a decision.
- The National Highway Traffic Safety Administration's Auto
Safety Hotline at 8004249393 (toll free) distributes
recall and safety information on used and new cars, trucks,
motorcycles, motor homes, child seats and other motor vehicle
equipment; vehicle crash test information; tire quality grading
reports; child seat registration forms; and other safety
literature. You should report all vehicle and child seat defect
information to the Hotline (see page 29).
- The Center for Auto Safety (see page 31) monitors auto defects.
To see if there is a pattern of repeated complaints on a certain
vehicle model, write the Center for Auto Safety, 2001 S Street,
N.W., Suite 410, Washington, D.C. 20009 and include the vehicle
make, model and year and a self-addressed stamped envelope.
Credit and Sublease Brokers
A new and rapidly growing area of consumer fraud involves con
artists who prey on people who have bad credit and who are having
problems getting loans to buy cars. There are two main schemes:
- The "credit broker" promises to get a loan for you in exchange
for a high fee. In many cases, the "broker" takes the fee and
disappears, or simply refers you to high-interest loan companies.
- The "sublease" broker charges a fee to arrange for you to
"sublease" or "take over" someone else's car lease or loan. Such
deals usually violate the original loan or lease agreement. Your
car can be repossessed even if you've made all of your payments.
You also might have trouble insuring your car.
To protect yourself:
- check with your state or local consumer protection agency to
find out if the broker is required to be licensed;
- do not do business with a company that does not appear to be
complying with state law;
- do not pay for services in advance.
To order a free publication on how to buy a new or used car,
contact the Federal Trade Commission, Public Reference Section,
6th and Pennsylvania Avenue, N.W., Room 130, Washington, DC
20580, 2023262222.
Car Leasing
- Shop around for the best leasing deal. Read lease promotions
carefully. The attractive low monthly payment might be available
only if you make a large down payment (capitalized cost
reduction) or a balloon payment at the end of the lease.
- Beware of open-end leases. They require the consumer to pay the
difference if the vehicle is worth less at the end of the lease
than was estimated originally.
- The Consumer Leasing Act requires leasing companies to give you
important information in writing before you sign a contract. Read
the documents given to you by the leasing company and make sure
you understand them before you sign anything. In particular, look
for:
--up-front costs, for example, security deposits, down payments,
advanced payments and taxes;
--the terms of the payment plan;
--termination costs, for example, excess mileage penalties,
excessive wear and tear charges, and disposition charges; and
--penalties for early termination or default.
When you have paid off a car loan, you own the car. When you have
paid off the lease, you own nothing.
To order a free publication on car leasing, contact the Federal
Trade Commission, Public Reference Section, 6th and Pennsylvania
Avenue, N.W., Room 130, Washington, DC 20580, 2023262222.
Lemon Laws
Almost every state has a new car "lemon law" that allows the
owner a refund or replacement when a new vehicle has a
substantial problem that is not fixed within a reasonable number
of attempts. Many specify a refund or replacement when a
substantial problem is not fixed in four repair attempts or the
car has been out of service for 30 days within the first 12,000
miles/12 months. If you believe that your car is a lemon:
- contact your state or local consumer protection office for
information on the laws in your state and the steps you must take
to resolve the situation;
- give the dealer a list of symptoms every time you bring it in
for repairs; keep copies for your records;
- get copies of the repair orders showing the reported problems,
the repairs performed and the dates that the car was in the shop;
and
- contact the manufacturer, as well as the dealer, to report the
problem. Some state laws require that you do so to give the
manufacturer a chance to fix the problem. Your owner's manual
will list an address for the manufacturer.
If the problem isn't resolved, you might have the option of
participating in an arbitration program offered by the
manufacturer or your state. Contact your state or local consumer
protection office for information.
Lemon Law Summary is available upon request by sending a
self-addressed, stamped (55 cents) envelope to the Center for
Auto Safety, 2001 S Street, N.W., Suite 410, Washington, DC
20009.
Vehicle Repossessions
When you borrow money to buy a car, you should know that:
- The lender can repossess if you miss a payment or for any
default (a violation of the contract).
- The lender can repossess without advance notice.
- After repossession, the lender might be able to accelerate,
meaning the lender can require the borrower to pay off the entire
balance of the loan in order for the borrower to get the vehicle
back.
- The lender can sell the vehicle at auction.
- The lender might be able to sue the borrower for the deficiency
if it sells the car for less than the borrower owes. This is true
even in voluntary repossessions.
- The lender cannot commit a "breach of the peace," for example,
breaking into a home or physically threatening someone, in the
course of a repossession.
If you know you're going to be late with a payment, talk to the
lender to try to work things out. If the lender agrees to a delay
or to modify the contract, be sure you get the agreement in
writing.
Some states have laws which give consumers additional rights.
Contact your state or local consumer protection office for more
information.
To order a free publication on vehicle repossessions, contact the
Federal Trade Commission, Public Reference Section, 6th and
Pennsylvania Avenue, N.W., Room 130, Washington, DC 20580,
2023262222.
Renting a Car
Federal law does not cover short-term car and truck rentals.
However, there are state laws that do. You should contact your
state or local consumer protection office for more information on
laws in your area.
- Shop around for the best rates.
- Compare all fees, in addition to the daily/weekly rate, before
renting.
- Most car rental contracts make the consumer liable for all
damage to the vehicle, no matter who caused it. Before buying a
rental company's collision or loss damage waiver, check with your
own car insurance company and your credit card company to see if
they cover car rentals and to what extent. It pays to do your
homework because these policies can add $3 to $15 per day to your
rental charges! Rental companies also might sell loss of use and
liability insurance. Check with your insurance agent in advance,
so you do not duplicate coverage you already have.
- If you pay by credit card, some rental companies will place a
hold or freeze on your account during the rental period. Others
might start to charge your account before the rental period is
over. Find out the company's policy in advance.
- Carefully inspect the vehicle and its tires before renting and
write down all the dents and scratches you see.
- Check refueling policies. You can refill at a local gas
station, you can let the car rental company refuel the car at its
price, which is usually higher, or you can pay in advance for a
refill which will cost you needlessly if there is any unused gas
upon returning the vehicle.
- Contact your state or local consumer protection agency for
information on state law or to report problems with your car
rental.
- To order a free publication on car rental, contact the Federal
Trade Commission, Public Reference Section, 6th and Pennsylvania
Avenue, N.W., Room 130, Washington, DC 20580,
2023262222.
Federal mail order rules require companies that take consumers'
orders by mail to:
To report violations of the Federal mail order rule, contact the
Federal Trade Commission. For information on your state laws,
contact your state or local consumer protection agency. To report
a problem with mail order, contact the U.S. Postal Inspection
Service or the Postal Crime Hotline at 8006548896.
- Read the offer carefully. Get the advice of another person
whose opinion you trust.
- Deal only with companies or charities whose reputation and
integrity are known.
- Never give your credit card number or personal, financial or
employment information unless you know with whom you are dealing.
- Never send money for any "free" merchandise or services.
- Be careful of making impulse purchases.
- Keep a record of the order, notes of the conversation and
copies of the advertisement, canceled check, receipt, letters and
envelopes.
- Take the time to shop locally to compare mail order products,
services and prices with those in local stores.
- Check out the company with the U.S. Postal Inspection Service,
your state or local consumer protection agency, or the Better
Business Bureau. Mail fraud is a Federal crime.
- Using your credit card or a money order might give you some
recourse if you have a problem, despite your
carefulness.
Be suspicious of "free gifts" that require a "tax payment" or
"registration fee;" sweepstakes requiring an entry fee or
purchase; employment or work-at-home opportunities requiring a
fee; offers requiring your credit card number or bank account
number; loans that require you to pay a fee in advance; mailings
that look like they are from official government agencies when
they are not; and prize notices requiring you to call a 900
number.
While many legitimate businesses use the telephone to make their
sales, it's easy for fraudulent companies to abuse the phone.
Beware of the con artists who promise anything and deliver
nothing, or at least not what customers thought they were
getting.
Tips for Smart Telephone Shopping
- Always keep a record of the name, address and phone number of
the company, goods you ordered, date of your purchase, amount you
paid (including shipping and handling) and method of payment.
- Keep a record of any delivery period that was promised.
- If you are told that the shipment will be delayed, write the
date of that notice in your records and the new shipping date, if
you've agreed to wait longer.
- Don't give your credit card number, checking account number or
other personal information to a telemarketer unless you are
familiar with the company or organization, and the information is
necessary in order to make your purchase.
Telephone Order Rights
Some states have telemarketing laws that require written
contracts, automatic cancellation periods or registration of
telemarketing companies. Contact your state or local consumer
protection agency. Federal telephone order rules require
companies that take consumers' orders by phone, computer or fax
to:
- Ship the merchandise within 30 days of receiving a completed
order or within a different timeframe if it is stated in their
ads;
- Notify consumers if shipment can't be made on time and give
them the choice of waiting longer or receiving refunds; and
- Cancel their orders and return their money (or give them
credits on their charge accounts) if the revised shipping date
can't be met, unless the consumers agree to another delay.
Use Caution and Common Sense
- Don't be pressured into acting immediately or without the full
information you need.
- Shop around and compare costs and services.
- Report all fraudulent activity to your consumer agency. Check
out the company with your consumer protection agency or the
Better Business Bureau.
- If the solicitation came by mail, call the Postal Crime Hotline
at 8006548896 (toll free) for more advice on not
becoming a victim.
- Call the National Fraud Information Center, administered by the
National Consumers League, at 8008767060 (toll free)
for information about telemarketing fraud.
Blocking Telemarketing Calls
You have the right under Federal law:
- to tell a company not to call you by phone or not to contact
you in writing; the company must keep a list of these consumers
and not contact them; keep a record for your file;
- not to get calls before 8 a.m. or after 9 p.m.;
- not to receive unsolicited ads by fax; and
- to be disconnected from a pre-recorded machine-delivered
message within five seconds of hanging up.
Some states do not allow telemarketers to call people who do not
want to receive calls. Contact your state or local consumer
protection agency to check your state's rights.
To reduce telephone calls you do not want, you can sign up with
the free Telephone Preference Service operated by the Direct
Marketing Association, a private trade group. To join, write to
the Telephone Preference Service, P.O. Box 9014, Farmingdale, NY
117359014.
To report violations of the telephone order rule, contact the
Federal Trade Commission. If you made the telephone transaction
in response to a postcard or other mailing, contact the U.S.
Postal Inspection Service or the Postal Crime Hotline at
8006548896 (toll free). For information on the laws
in your state, contact your state or local consumer protection
agency.
Unlike 800/888 numbers which are free, you pay a fee when you
call a 900-type number. The company or organization you're
calling sets the price, not the telephone company. Most states do
not regulate the cost of these calls. Charges can vary from less
than a dollar to more than $50. Federal law requires that:
- consumers be told the cost of calling the number and given a
description of the product and service. This must appear, in
advertisements and for calls costing more than $2 dollars, in the
introductory message or preamble at the beginning of the call;
- the cost of calling must be disclosed by flat rate, by the
minute with any minimum or maximum charge that can be determined,
or by range of rates for calls with different options; all other
fees charged for services and the cost of any other service to
which a caller might be transferred must be disclosed;
- consumers be given time to hang up after the introductory
message without being charged; there must be a signal or tone to
let them know when the preamble ends;
- no charges can be made for calling 800/888 numbers unless the
consumer agrees in advance to be charged (see the next topic on
"What You Need To Know About 800/888 Numbers");
- any pay-per-call services offering sweepstakes, prizes or
awards must disclose the odds of winning or the factors for
determining the odds;
- ads directed to children under age 12 are not allowed unless
they are for legitimate educational services;
- ads directed primarily to people under the age of 18 must state
that parents' consent is needed to call the number; and
- ads for information about Fed-eral programs offered by private
companies must state clearly that they are not en-dorsed,
approved or authorized by government agencies.
Protect yourself from fraud by avoiding:
- ads that don't describe clearly the goods or services or the
cost of the calls;
- offers of "free" gifts or prizes just for calling;
- promises of jobs, loans, credit cards for people with poor
credit, "credit repair" or other services aimed at consumers who
are in financial hardship;
- contests to win money in which little or no skill is required;
- services targeted to children under 12 which don't appear to
serve any legitimate educational purpose; and
- offers of cheap travel or any other deals that seem to be "too
good to be true."
Hang up if you're being switched from an 800/888 number to a 900
number without your prior consent.
What You Need To Know About 800/888 Numbers
Generally, you cannot be charged for 800/888 numbers. New rules
prohibit charging callers to toll-free numbers for conveyance of
information without explicit authorization through either a
written agreement or payment by direct remittance; prepaid
account; or debit, credit or calling card. The rules specify
particular information that must be:
- included in presubscription agreements,
- disclosed orally to callers who wish to pay for an 800/888
information service by direct remittance; prepaid account; or
debit, credit or calling card, and
- displayed on a telephone bill when charges are assessed for
informational services provided for a toll-free number.
Further, all presubscription arrangements must be done in writing
or through direct remittance; prepaid account; or debit, credit,
charge or calling debt card. Charges for resubscribed information
services must be displayed separately from charges for local and
long distance service.
Your Rights and Recourse
- If you question 900-type number charges which appear on your
phone bill, you can dispute the bill. Your local and long
distance telephone service cannot be disconnected for disputed
pay-per-call charges.
- In most cases, the charge for a pay-per-call service is
collected by the local telephone company on behalf of the service
provider. Follow the instructions on your bill immediately to
dispute the charges. Keep a record of whom you talked to and the
date, as well as copies of any letters you send. Pay the
undisputed portion of your phone bill.
- Even if the telephone company removes the charges, the debt
might be turned over to a collection agency by the service
provider. Send the collection agency a letter explaining why you
dispute the debt. (See the section on Credit Access and Use, page
19.)
- To avoid problems with 900-type numbers, you can request
"blocking" from your local phone company. Blocking prevents 900
numbers from being dialed from your phone.
- If you suspect a violation of pay-per-call rules, contact your
state or local consumer protection agency and the Federal Trade
Commission. If the ad for the number came by mail, write to the
U.S. Postal Inspection Service or call the Postal Crime Hotline
at 8006548896 (toll free). If you are not satisfied
with the way the phone company handled your complaint, contact
the Federal Communications Commission. (See page 107 for
information on how to contact Federal agencies.)
- Ask to see the salesperson's personal identification and
license or registration if that is required where you live. Make
note of his/her name, the name and address of the company, and
whether the salesperson carries proper identification.
- Ask for sales literature and then call local stores that might
sell the same merchandise to compare prices. Some door-to-door
products might be overpriced.
- Don't be pressured into buying something. Watch for the warning
signs: an offer of a "free gift" if you buy a product, an offer
that is only good for that day, or you're told that a neighbor
just made a purchase.
- If you feel threatened or intimidated, ask the person to leave.
Don't leave the person unattended in any room of your home. If
you are suspicious, report the incident to the police
immediately.
Cancellation Rights
- The "Door-to-Door Sales Rule" (or "Cooling Off Rule") gives you
the right to cancel certain purchases costing $25 or more. Notify
the company in writing by midnight of the third business day
following the sale. Saturdays are considered business days, but
Sundays and holidays are not.
- The seller must tell you about your cancellation rights and
give you two dated copies of a cancellation form showing the
seller's name and address and explaining your right to cancel.
- These Federal cancellation rights apply to purchases made in
locations outside the seller's normal place of business; for
example, at a house party, a temporarily rented room or in your
home.
- States might have additional cancellation laws that protect
consumers. Check with your state or local consumer protection
agency for your rights.
- To cancel a contract, sign and date one copy of the
cancellation form. Mail it within the 3-day limit, making sure
it's post-marked before midnight of the third business day.
Sending it by certified mail will show proof that it was mailed.
- If you were not given the cancellation form at the time of
sale, your right to cancel continues until 3 days after the
seller finally gives it to you. You can write your own letter
cancelling the sale and send it return receipt requested.
- Once you cancel, you have a right to a refund within 10 days.
The seller must let you know when the product will be picked up
and must return any paperwork and trade-ins within that time.
- Within 20 days, the seller must pick up the item or reimburse
you for any shipping expenses if you send it back yourself. If
you do not return it, you still are responsible under the
contract.
- Extend your rights! If you paid by credit card, canceled the
contract within 3 days, have not yet paid the credit card bill
and still have a problem getting a refund, dispute the charges
with your credit card company under the Fair Credit Billing Act.
(See the section on Credit Access and Use, page 19.)
- Plan ahead. Know what you want or need to have done before
contacting a contractor.
- Get detailed estimates from reputable contractors. Contact your
local or state consumer agency and Better Business Bureau for
information on contractors' licensing or registration
requirements, complaint records and for brochures containing
advice.
- Contact your local building inspection department to check for
permit and inspection requirements.
- Call your insurance company to find out if you are covered for
any injury or damage that might occur and be sure your contractor
has the required insurance for his/her workers and
subcontractors.
- Insist on a complete written contract. Know exactly what work
will be done, the quality of materials that will be used,
timetables, the names of any subcontractors, the total price of
the job and the schedule of payments.
- You have cancellation rights (usually 3 business days) in many
home improvement contracts. Before you sign a contract, check
with your local consumer agency to find out if you have
cancellation rights and how they apply.
- Understand your payment options. You can get your own loan or
the contractor might arrange financing. Be sure you have a
reasonable payment schedule at a fair interest rate.
- Some state laws specify payment schedules, for example, only
allowing a certain percentage of the total cost to be made as a
down payment. Contact your state or local consumer agency to find
out what the law is in your area.
- Lien rights, which might give the contractor or subcontractors
the ability to "attach" your home for unpaid bills, vary from
state to state. Ask your local consumer agency to explain the
situation where you live.
- You need to be especially cautious if the contractor:
--comes door-to-door or seeks you out;
--just happens to have material left over from a recent job;
--tells you your job will be a "demonstration;"
--offers you discounts for finding him/her other customers;
--quotes a price that's too cheap;
--pressures you for an immediate decision;
--has workers or suppliers who tell you they have trouble getting
paid;
--can be reached only by leaving messages with an answering
service; or
--drives an unmarked van or has out-of-state plates on his/her
vehicle.
- Check the real estate or business sections in the newspaper for
information on current interest rates. Call several lenders for
rates and terms based on the type of mortgage you want.
- When buying a newly constructed home, compare the interest rate
and terms offered through the builder's sales office with those
offered by other lending institutions.
- When interest rates go down, you might save money by
refinancing, but you probably should not refinance unless the new
interest rate will be at least two percentage points below the
rate you're paying currently.
- For an adjustable rate mortgage, or "ARM," find out the "cap"
or the maximum interest rate that can be charged during the life
of the loan. Ask how often the rate might change and what
determines the rate change.
- Get a complete list of "closing" or "settlement" costs and find
out which costs will be refunded if your loan is not approved.
- Be wary of financing that is based on "negative amortization."
While the payments might be lower than in other types of loan
agreements, they're not enough to cover the monthly interest
charges. The portion of interest that is left unpaid is added to
the principal, which means that each month, the borrower pays
interest on a higher amount than before. With negative
amortization, the debt actually keeps increasing rather than
decreasing. You could end up owing a lot of money at the end of
the loan or losing your home.
Home Equity Credit Lines
- Although a home equity credit line might allow you to take tax
deductions you could not take with other types of loans, your
home will be at risk if you cannot make the monthly payments.
- Some questions to ask when comparing home equity loan offers:
--How large a credit line can be extended?
--How long is the term of the loan?
--What is the minimum monthly payment? Is there a maximum?
--What is the annual percentage rate?
--If the interest rate "floats," or is adjustable, how much can
it increase at one time? Is there a maximum rate?
--Are there any annual fees or transaction fees?
Reverse Mortgages
- If you own your home, a reverse mortgage loan will pay you in
monthly advances or through a line of credit. It lets you convert
your equity into cash which you can use for any purpose, while
retaining your ownership in your home. Before you sign, be sure
you understand all the terms and conditions.
- Interest rates on this type of loan might be higher and are
charged on a compound basis. Application fees, points and closing
costs also might be higher than other types of loans. Interest
rates are not deductible on your income taxes until you repay the
loan in full. There will be less equity for you and your heirs in
the future.
For more information or to file a complaint, contact:
Department of Housing and Urban Development
Office of Single Family Housing 451 Seventh Street, S.W.,
Room 9272
Washington, DC 20410
2027082700
State and Local Consumer Protection Offices (See list beginning
on page 71.)
Select a financial institution carefully by comparing the terms
and prices of all of the services you need.
- Shop around. Do not do business with the first institution that
seems willing to do business with you.
- Check the front door to see if the institution displays a
government logo indicating that it is insured federally.
Generally, if the institution is insured federally, an individual
is covered for up to $100,000 in deposits if the institution
fails.
If a financial institution is federally insured, you will see one
of the following official signs posted at the entrance of the
institution
For banks: |
|
For savings associations: |
|
For credit unions: | |
Truth in Savings Act
- Requires financial institutions to disclose the "Annual
Percentage Yield," or "APY," on savings accounts. The APY tells
you how much money you would earn if you kept $100 in the account
for one year.
- Requires that the institution credit your entire deposit
instead of crediting a portion of your deposit or using a "low
balance per month" method. This increases your earnings.
- Requires that institutions have available a list of their fees
for bounced checks, stop payment orders, certified checks, wire
transfers or similar items. Ask for the list.
- Prohibits institutions from advertising "free" checking if
there are hidden charges or requirements, for example, having to
maintain a minimum balance to qualify.
Checking Accounts
- Before you open a checking account, find out what the fees will
be for writing checks, for bounced checks, for the checks
themselves and for other services. Ask if the institution will
send you the canceled checks with your monthly statement. If not,
find out the cost for copies of canceled checks. You might need
them for proof of payment in some situations.
- Find out if the financial institution will waive checking fees
if you have direct deposit of your paycheck. Some banking
institutions will lower or even drop fees if your pay is
deposited directly by your employer. Additional advantages of
direct deposit are security, convenience and quicker access to
your money.
Loans
- When shopping for a mortgage, check the real estate section of
your local newspaper to find out the current interest rates.
Check the rates for 30-year mortgages, 15-year mortgages and
adjustable rate mortgages. Ask the lending institution to explain
the differences.
- Most home improvement loans are secured by a mortgage on your
home. It's better not to finance expensive credit life insurance
or to consolidate other debts into this loan. Your home will be
at risk for every extra dollar you borrow. If you don't make your
payments, you could lose your home.
- For car loans, compare the rates offered by the car dealer with
those of local lending institutions. Don't add expensive extras
like credit life insurance to the total amount of the loan. You
do not have to purchase credit insurance in order to get a loan.
Information and Assistance
Agencies responsible for carrying out consumer protection laws
that cover financial services also provide information and
assistance to consumers. For more information or to file a
complaint, contact:
Federal Deposit Insurance Corporation (FDIC)
Office of Consumer Affairs
550 17th Street, N.W.
Washington, DC 20429
2028983536
Toll free: 8009343342
(Regulates state chartered banks that are not members of the
Federal Reserve System.)
Board of Governors of the Federal Reserve System
Division of Consumer and Community Affairs
20th and C Streets, N.W.
Mail Stop 800
Washington, DC 20551
2024523693
TDD: 2024523544
(Regulates state chartered banks and trust companies that are
members of the Federal Reserve System.)
Comptroller of the Currency
Customer Assistance Unit
250 E Street, S.W.
Mail Stop 39
Washington, DC 20219
8006136743
(Regulates banks with national in the name or N.A. after the
name.)
National Credit Union Administration
Office of Public and Congressional Affairs
1775 Duke Street
Alexandria, VA 223143428
7035186300
(Regulates federally chartered credit unions.)
Office of Thrift Supervision
Division of Consumer and Civil Rights
Office of Community Investment
1700 G Street, N.W.
Washington, DC 20552
2029065900
Toll free: 8008426929
(Regulates Federal savings and loans and Federal savings banks.)
State Banking Authorities
(See Consumer Assistance Directory, page 89.)
State and Local Consumer Protection Offices
(See Consumer Assistance Directory, page 71.)
Many consumers are familiar with automated teller machine (ATM)
cards issued by banks and credit unions. These cards can be used
to access cash, make deposits, transfer funds and verify balances
in checking and saving accounts. Now, consumers are learning that
certain types of ATM cards, commonly called debit cards, can be
used to purchase goods and services as well.
- Debit card purchases are deducted directly from your personal
checking account, unlike credit cards which allow you to draw
funds from a line of credit for which you are billed monthly.
- Purchases you make with a debit card are handled in one of two
ways: either you punch in your personal identification number
(PIN), just as you would with an ATM, or you sign for the
purchase, similar to a credit card transaction.
- Consumer protection measures limit cardholder liability. You're
never responsible for charges on cards you haven't accepted. If
you report a lost or stolen debit card within 2 days of
discovering its loss or theft, Federal regulations limit your
liability to $50. State laws may provide additional protections.
If you report the loss after more than 2 days after discovering
the loss or theft of your card, liability is limited to $50 plus
any amount resulting from your failure to notify the issuer
sooner, up to $500. If you fail to report your unauthorized
charges within 60 days of having been sent your monthly
statement, your liability for unauthorized charges is $50 plus
any amount that resulted from your delay in reporting.
- If your card is lost or stolen, you must work directly with the
financial institution that issued the card. It is very important
that you, the cardholder, report a lost or stolen card or
suspected unauthorized use of a card immediately to your
financial institution.
- Returns or disputes for goods and services you purchased with a
debit card are treated the same as cash or checks. You should
resolve the matter directly with the merchant, whose policies on
refunds and returns usually govern these transactions.
- As with credit cards, some financial institutions charge fees
for the use of a debit card. These fees are found in the
disclosure statement that financial institutions send their
customers.
Equal Rights
The Equal Credit Opportunity Act guarantees you equal rights in
dealing with anyone who regularly offers credit, including banks,
finance companies, stores, credit card companies and credit
unions. A creditor is someone to whom you owe money. When you
apply for credit, a creditor may not:
- ask about or consider your sex, race, national origin or
religion;
- ask about your marital status or your spouse, unless you are
applying for a joint account or relying on your spouse's income
or you live in a community property state (Arizona, California,
Idaho, Louisiana, Nevada, New Mexico, Texas and Washington);
- ask about your plans to have or raise children;
- refuse to consider reliable public assistance income or
regularly received alimony or child support; and
- discount or refuse to consider income because of your sex or
marital status or because it is from part-time work or retirement
benefits.
You have the right to:
- have credit in your birth name, your first name and your
spouse's last name, or your first name and a combined last name;
- have a co-signer other than your spouse if one is necessary;
- keep your own accounts after you change your name or marital
status or retire, unless the creditor has evidence you are unable
or unwilling to pay;
- know why a credit application is rejected; the creditor must
give you the specific reasons or tell you of your right to find
out the reasons if you ask within 60 days; and
- have accounts shared with your spouse reported in both your
names.
You also have a right to know how much it will cost to borrow
money. The Truth in Lending Act requires a lender to inform you
of the cost to borrow so that you have the opportunity to compare
the cost and terms of credit offered by various lenders.
Credit Cards
Choosing a Credit Card
Credit card issuers offer a wide variety of terms. Consider and
compare all the terms, including the following, before you select
a card:
- Annual Percentage Rate (APR)--the cost of credit as a yearly
rate.
- Free or Grace Period--allows you to avoid any finance charge by
paying your balance in full before the due date. If there is no
free period, you will pay a finance charge from the date of the
transaction, even if you pay your entire balance when you receive
your bill.
- Fees and Charges--most issuers charge an annual fee; some also
might charge a fee for a cash advance or if you fail to make a
payment on time or go over your credit limit.
Shop around for the terms that are best for you. Before giving
money to a company that promises to help you get a credit card:
- Find out who the card issuer is and get the credit card terms
in writing, including all the fees and whether a deposit is
required;
- Try to apply to a card issuer directly, rather than giving
money to a third party; if you don't get the credit card, you
might not be able to get your money back;
- Beware of "credit cards" that only allow you to buy from
certain overpriced, restricted goods catalogs; and
- Beware of companies that promise "instant credit" or guarantee
you a credit card "even if you have bad credit or no credit
history;" no one can guarantee you credit in advance; and
- Be cautious of offers for "secured" credit cards. These cards
usually require you to set aside money in a separate bank account
in an amount equal to the line of credit on the card to guarantee
that you will pay the credit card debt. Some of these offers
advertise that secured cards can be used to "repair" a bad credit
record, but you should know that no matter how well you handle
this account, your payment history on your past debts still will
be taken into consideration when you apply to other lenders for
credit or for employment or housing.
For a small fee, you can purchase a list of the most competitive
interest rates and credit cards in the country and find out how
to qualify for the lowest rate possible by contacting:
Bankcard Holders of America
524 Branch Drive
Salem, VA 24153
5403895445
Website: www.epn.com/bha
Using a Credit Card
Know your credit card protections. When you have used your card
for a purchase and you don't receive the goods or services as
promised, you might be able to withhold payment for the goods or
services. Card issuers must investigate billing disputes. (See
the section on Credit Billing and Disputes, page 22.)
If your card is lost or stolen, you are not liable for any
charges if you report the loss before the card is used. If the
card is used before you report it missing, the most you will owe
is $50.
Protect your credit record. Pay bills promptly to keep finance
charges low and to protect your credit rating. Keep track of your
charges and don't exceed your credit limit. Report any change of
address prior to moving, so that you receive bills promptly.
If you cannot pay off your full credit card balance each month, a
lower interest rate will save you money. If you do pay off your
balance in full each month, choose a card with no annual fee.
Preventing Credit Card Fraud
- Sign cards when they arrive, so no one can forge your signature
on the cards and use them.
- Keep a record of your card numbers and expiration dates and the
phone number of the card issuer in a safe place. If your card is
stolen or missing, notify the card company immediately.
- Don't give your credit card number over the phone to unfamiliar
companies or to people who say they need it to "verify" your
identity in order to give you a prize.
- Destroy carbons and incorrect charge slips.
- Draw a line through blank spaces on charge slips. Do not sign a
blank charge slip.
- Keep copies of all sales slips. Open credit card bills promptly
and compare the sales slips with the charges on your bill.
- Report billing errors and unauthorized charges to your credit
card company right away.
Credit Reporting
The Fair Credit Reporting Act controls how your credit history is
kept, used and shared among lenders.
The three biggest credit reporting agencies, TRW, Equifax and
Trans Union, have millions of credit files on consumers
nationwide. Their toll-free numbers are:
- TRW--8003921122;
- Equifax--8006851111; and
- Trans Union--8009168800.
You can find other credit bureaus in your area by looking in the
yellow pages under Credit Bureaus or Credit Reporting.
If you apply for credit, insurance, a job or to rent an
apartment, your credit record might be examined. You can make
sure yours is accurate.
- Get a copy once a year or before major purchases. Your report
is generally free if you've been denied credit in the past 60
days. Otherwise, the credit bureau can impose a reasonable
charge.
- Read the report carefully. The credit bureau must provide
trained personnel to explain information in the report.
- Dispute any incorrect information in your credit record. Write
to the credit bureau and be specific about what is wrong with
your report. Send copies of any documents that support your
dispute.
In response to your complaint, the credit bureau:
- must investigate your dispute and respond to you, usually
within 3035 days; information that is inaccurate or cannot
be verified must be corrected or taken off your report; and
- cannot be required to remove accurate, verifiable information
that is less than 7 years old (10 years for bankruptcies).
If you are dissatisfied with the results of the re-investigation,
you can have the credit bureau include a 100-word consumer
statement giving your version of the disputed information. You
also can contact the source of the disputed information and try
to resolve the matter.
If there is an error on a report from one credit bureau, the same
mistake might be on others as well. You might want to contact the
three major bureaus, as well as any local bureau listed in the
yellow pages of your telephone book.
Credit bureaus sometimes sell your name to banks or others who
want to send you offers for credit cards or other forms of
credit. If you don't want your name included on such lists, write
or call the three major credit bureaus and tell them not to
release your name.
Credit Repair
You might see or hear ads from companies that promise to "clean
up" or "erase" your bad credit and give you a fresh start. They
charge high fees, usually hundreds of dollars, but do not deliver
on their promises.
If you are thinking of paying someone to "repair" your credit,
remember this:
- Negative credit information can be reported for 7 years (10 years
for a bankruptcy).
- No one can require a credit bureau to remove accurate negative
information before that period is up.
- There are no "loopholes" or laws that credit repair companies
can use to get correct information off your credit report.
- No credit repair company can do anything you can't do for
yourself. (See the section on Credit Reporting, page 21.)
- A "money-back guarantee" does you no good if the company has
gone out of business or refuses to make good on its refund
promise.
- The only way to "repair" bad credit is by good credit practices
over a period of time.
Some credit repair companies promise not just to clean up your
existing credit record but also to help you establish a whole new
credit identity. Remember, it is illegal to make false statements
on a credit application or to misrepresent your Social Security
number. If you use such methods, you could face fines or even
prison. Beware of any company or method that:
- encourages you to omit or lie about bad credit experience when
you apply for new credit;
- tells you to use a new name or address or a new number, for
example, an Employer Identification Number (EIN), in place of
your Social Security number in applying for credit; or
- says it is legal to establish a new credit identity.
You can rebuild your good credit by handling credit responsibly.
You might want to contact a Consumer Credit Counseling Service
(CCCS) office. This is a non-profit organization that will
provide help at little or no cost to you. For a CCCS office in
your area, call 800388CCCS (toll free).
Credit Billing and Disputes
The Fair Credit Billing Act applies to credit card and charge
accounts and to overdraft checking. It can be used for:
- billing errors;
- unauthorized use of your account;
- goods or services charged to your account but not received or
not provided as promised; and
- charges for which you request an explanation or written proof
of purchase.
Protect Your Rights
- Write to the creditor or card issuer within 60 days after the
first bill containing the disputed charge is mailed to you. (Even
if more than 60 days have passed since you were billed for the
item, you still might be able to dispute the charge if you only
recently found out about the problem.)
- Send your letter to the address provided on the bill; do not
send the letter with your payment.
- In your letter, give your name and account number, the date and
amount of the charge disputed, and a complete explanation of why
you are disputing the charge. Be specific.
- To be sure your letter is received, and so you will have a
record, you might wish to send it by certified mail, with a
return receipt requested.
If you follow these requirements, the creditor or card issuer
must acknowledge your letter in writing within 30 days after it
is received and conduct an investigation within 90 days.
While the bill is being disputed and investigated, you need not
pay the amount in dispute. The creditor or card issuer may not
take action to collect the disputed amount, including reporting
the amount as delinquent, and may not close or restrict your
account.
If there was an error or you do not owe the amount, the creditor
or card issuer must credit your account and remove any finance
charges or late fees relating to the amount not owed. For any
amount still owed, you have the right to an explanation and
copies of documents proving you owe the money.
If the bill is correct, you must be told in writing what you owe
and why. You will owe the amount disputed plus any finance
charges. You may ask for copies of relevant documents.
Debt Collection
The Fair Debt Collection Practices Act applies to those who
collect debts owed to creditors for personal, family and
household debts, including car loans, mortgages, charge accounts
and money owed for medical bills. A debt collector is someone
hired to collect money owed by you. A debt collector may not:
- contact you at unreasonable times or places, for example,
before 8 a.m. or after 9 p.m., unless you agree, or at work if
you tell the debt collector your employer disapproves;
- contact you after you write a letter to the collection agency
telling them to stop, except to notify you if the debt collector
or creditor intends to take some specific action;
- contact your friends, relatives, employer or others, except to
find out where you live and work, or tell such people that you
owe money;
- harass you by, for example, threats of harm to you or your
reputation, use of profane language or repeated telephone calls;
- make any false statement, including that you will be arrested;
and
- threaten to have money deducted from your paycheck or to sue
you, unless the collection agency or creditor actually intends to
do so and it is legal to do so.
If you are contacted by a debt collector, you have a right to a
written notice, sent within 5 days after you are first contacted,
telling you:
- the amount owed;
- the name of the creditor; and
- what action to take if you believe you don't owe the money.
If you believe you do not owe the money or don't owe the amount
claimed, contact the creditor in writing and send a copy to the
debt collection agency with a letter telling them not to contact
you.
If you do owe the money or part of it, contact the creditor to
arrange for payment.
For more information:
Contact the Federal Trade Commission, Public Reference Section,
6th and Pennsylvania Avenue, N.W., Room 130, Washington, DC
20580, 2023262222.
To file a complaint:
Contact your state or local consumer protection agency, your
state attorney general or your Better Business Bureau.
Commodities
Do your detective work before you invest: Call toll free
8006764632.
There are often similarities in sales pitches used to promote
fraudulent commodity investments, and knowing these can help you
protect yourself from being the next victim. Prospective
investors are approached through a variety of methods, such as:
- print, TV and radio (advertising and infomercials);
- advertising on the Internet and commercial online services,
including "chat rooms," where a potential customer may be
approached online about a possible commodity investment vehicle;
- cold calls (unsolicited telephone calls), often from "boiler
room" operations, using lead lists and lists of victims of prior
investment scams; and
- social contacts, often using the common affinity of ethnic and
religious affiliations.
Deceptive or fraudulent sales pitches often use
misrepresentations and material omissions of fact to promote
fantastic profits with little risk, and these sales pitches
involve persistent, high-pressure contacts allowing little or
virtually no time for reflection or investigation by the
investor.
Proceed with caution when a salesperson:
- Tells you to borrow money, for instance, on a credit card, take
out a mortgage on your home, or cash in your IRA to invest in
commodities;
- Tells you to invest immediately, and then sends an overnight
courier service to pick up your check and give you forms to sign;
- Says that you will double or triple your money quickly, profit
is guaranteed (you can't lose your money), or that trading
commodity futures and/or options on futures is risk-free;
- Downplays the risk disclosure documents and statement, which
are required by Federal law, as insignificant or just a formality
that you need not take seriously, or words to that effect; and
- Tells you to write false information on your account form, for
example, to overstate your income.
After you invest, be aware of the following warning signs of
trouble:
- Account statements that appear to be home-made or printed on
home computers (they should be printed on letterhead stationery,
without typographical errors); and
- Delays in receiving your money when you order the broker to
close a trade and send you your balance.
Use the toll-free Consumer Protection Hotline before
considering a commodity investment. Exchange-traded futures
contracts and options on futures can be offered and sold to the
public lawfully only through commodity brokers that are
registered with the U.S. Commodity Futures Trading Commission
(CFTC), the Federal regulatory agency for the futures and options
markets.
To verify information about a register firm or individual, the
National Futures Association (NFA), a CFTC-designated
self-regulatory organization, maintains a toll-free Hotline at
8006764NFA (4632) to check/verify the registration
status and disciplinary history (including customer complaints)
concerning registered futures/options firms and registered
salespersons (from outside the United States, reach the Hotline
on 3127811410).
Check out free consumer protection information on CFTC's website
(www.cftc.gov), including how a customer can file a complaint to
institute reparations proceedings against commodity professionals
registered with the CFTC and how a customer can email
information about a suspect firm or broker to CFTC's Division of
Enforcement.
For additional information, contact CFTC's Office of Public
Affairs at 2024185080; for information on how to file
a customer complaint, call the Office of Proceedings on
2024185506. See page 107 for CFTC's mailing address.
Securities
- Before making a securities investment in stocks, bonds or
mutual funds, you should get written financial information such
as a prospectus or annual report.
- Be wary of promises of quick profits, offers to share "inside"
information and pressure to invest before you have an opportunity
to investigate.
- Never invest in a product that you don't fully understand. ASK
QUESTIONS. The U.S. Securities and Exchange Commission (SEC) has
a publication that lists questions you should ask (see listing at
the end of this section).
- Words like "guarantee," "high return," "limited offer," or "as
safe as a C.D." may be a red flag. No financial investment is
risk-free and a high rate of return means greater risk.
- Select a broker or investment adviser who understands your
financial objectives. Interview two or three to compare
experience, education and professional background.
- Call the National Association of Securities Dealers, Inc.
(NASD) on 8002899999 toll-free to find out about the
disciplinary history of the broker.
- Call your state securities regulator to see if the investment
and the salesperson are registered in your state. Often your
state securities regulator can give you more information about
the disciplinary history of brokers and investment advisors. (A
list of state securities administrators begins on page 93.) You
may also get a state contact by calling the North American
Security Administrators Association (NASAA) at
2027370900 or see the state listing on the SEC
website (see address below).
- Understand how the broker or investment adviser is paid. What
fees will you pay to purchase, sell or maintain the account?
- If you have a problem with your broker or your account, talk
with the firm's manager. If you can't resolve the problem with
the firm, contact the U.S. Securities and Exchange Commission
(see page 113) or your state securities regulator.
- For free publications, including "Ask Questions: Questions You
Should Ask About Your Investment," "Invest Wisely: Advice from
Your Securities Industry Regulators" and "Invest Wisely: An
Introduction to Mutual Funds," call toll-free
800SEC0330. You may visit our website at www.sec.gov
How To Reduce Unwanted Solicitations and Guard Your
Privacy
- Pay for local purchases with cash rather than by check or
credit card.
- Ask manufacturers, catalogue or magazine subscription
companies, charities and others with whom you do business not to
sell your name to others for marketing purposes.
- Don't release your Social Security number except to an
employer, government agency, lender or credit bureau that
requires it to identify you.
- Don't give anyone your credit card or checking account numbers
unless you're making purchases with them, and don't put credit
card numbers on your checks.
- When filling out warranty or other information cards, don't
include optional or unnecessary personal information.
- Federal law gives you the right to ask telemarketers to take
your name off of their lists and not to call you again. Keep
records of their names, addresses and the dates of your requests.
File a complaint with the Federal Communications Commission (see
page 111) if they don't remove your name from their marketing
lists once you have made your request.
- Personal information is easily obtained by companies promoting
sweepstakes, contests and prize offers. These three types of
promotions are in the top ten consumer complaints nationwide. Be
careful to check out the companies before deciding to do business
with them or releasing personal or financial information. Contact
your state or local consumer agency (see page 71) or Better
Business Bureau (see page 34).
Review Files That Contain Information About You
The Medical Information Bureau (MIB) is a data bank used by
insurance companies. You might want to obtain a copy of your file
and make sure the information it contains is correct. Write to
the Medical Information Bureau, P.O. Box 105, Essex Station,
Boston, MA 02112.
Credit bureaus keep records about your credit history. You should
review periodically your credit reports for accuracy. (See the
section on "Credit Report-ing" on page 21.)
To limit mail or telephone calls you do not want, you can sign up
at no cost for a service that tells some of the telephone or mail
marketing companies not to contact you. (See the sections on
Telemarketing and Mail Orders, pages 13 and 12, respectively, for
more information.)
Many states have their own privacy laws concerning telemarketing;
employment; the use of Social Security, credit card or checking
account numbers; medical records; mailing lists; credit reports;
debt collection; computerized communications; insurance records
and public data banks. Check with your state or local consumer
agency about specific privacy rights or a referral to the
appropriate agency.
Be wary of ads promising guaranteed jobs, guaranteed loans,
credit repair, debt consolidation or similar claims. Many of
these offers are only a way to get you to send money in advance
in exchange for little or no service.
- Be cautious when responding to advertisements which use 900
telephone numbers. You can be charged substantial and differing
amounts for calls to 900 numbers.
- Be careful with your personal information, including Social
Security, credit card and bank account numbers, among others.
Fraudulent businesses could use this information to make an
unauthorized charge to your credit card or to withdraw money from
your bank account.
- Before you make any payment, ask the business to send you a
contract and other information stating the terms of the service
and whether you can cancel the service and get a refund.
- Ask how long the firm has been in business and if it is
licensed properly. Request that the company send you copies of
its business or other licenses. Review all contracts carefully.
- Contact your state or local consumer protection agency and the
Better Business Bureau to find out a company's complaint record.
- Some states have enacted laws banning or regulating these types
of businesses. To find out the law in your state or to report a
fraud, contact your state or local consumer protection agency.
- For information on the dangers of these types of scams, call
the non-profit National Fraud Hotline at 8008767060
(toll free).
Health Clubs
When you are considering whether to join a health club, be
cautious of:
- joining clubs that have not opened--they might never open;
- low-cost "bait" ads--many "switch" you to expensive long-term
contracts;
- promises that you can cancel anytime and stop paying--check the
written contract for the terms of membership and any other
promises;
- the fine print--many low-cost ads and contracts severely
restrict hours of use and services;
- signing long-term contracts--consumer protection agencies
report that many consumers quit using the club within a few
months;
- automatic monthly billing to your charge card or debit from a
checking account--these are easier to start than to stop; and
- unbelievably low one-time fees with no monthly dues.
Before you sign, be sure to:
- Check with your doctor before you begin an exercise program;
- Visit the club at the hours you will be using it;
- Check to see that promised equipment/services are actually
available;
- Talk with current members regarding their satisfaction with the
club;
- Check out several clubs before you sign a contract;
- Consider your commitment to a long-term program--good
intentions seem to fade as the reality of the hard work sets in;
- Read the contract carefully before you sign. Is interest
charged for a payment plan? Are all promises in writing?
- Check with your local or state consumer agency or Better
Business Bureau for any laws in your state, cancellation rights
or complaints against the company.
Dating Clubs/Matchmakers
When you choose to deal with a dating service, be sure to check:
- from how far away the referrals might come;
- the economic/professional status of dates;
- that dates are club members;
- your ability to review the video/profile/picture, etc., of a
proposed date before your phone number is given or a meeting is
arranged;
- that the information in your file is clear, e.g., wishes,
interests, requirements, "won't accepts;"
- the length of the contract and the number of dates or
introductions promised;
- the cost of any additional fee to extend/renew/continue the
membership;
- any extra costs associated with club functions (parties,
picnics, trips);
- what the club promises to do for the basic fee--there might be
little relationship between the cost and performance of the club;
beware of very high priced companies;
- that all "guarantees" are in writing;
- for figures on its percentage of success and the average length
of time needed to locate an acceptable spouse if the club
promises to find you a spouse; and
- the cancellation policy; check with your state or local
consumer agency for your legal rights; contact your consumer
agency or the Better Business Bureau to file a complaint.
Timeshares/Campgrounds
- Prizes and awards might be used in promoting timeshares and
campgrounds. They sometimes are overvalued or misrepresented.
Free awards might "bait" you into driving a long distance to the
property, only to attend a long high-pressure sales pitch to
obtain your prize.
- Be realistic. Make your decision based on how much you will use
it and if it provides the recreational and vacation purposes you
want. Don't decide to purchase based on an investment
possibility. It might be difficult or almost impossible to
resell.
- Ask about such additional costs as finance charges, annual fees
and maintenance fees. Maintenance fees can go up yearly.
- Compare your total annual cost with that of hotels or your
normal vacation expenses.
- Ask about availability during your vacation periods. Ask what
other timeshares or campgrounds you may use with your membership.
- Talk with individuals who already purchased from the company
about the services, availability, upkeep and reciprocal rights to
use other facilities.
- Get everything in writing and make sure verbal promises are in
the written contract. Have an attorney review any
contracts/documents and make sure there are no blanks on papers
you sign.
- Do you have cancellation rights? State laws vary. Check with
your local or state consumer agency.
- Check with your consumer agency or the Better Business Bureau
for any complaints against the company, seller, developer and
management company.
To order a free publication on timeshares and health clubs,
contact the Federal Trade Commission, Public Reference Section,
6th & Pennsylvania Avenue, N.W., Room 130, Washington, DC
20580, 2023262222.
- Don't be taken by solicitations by postcard, letter or phone
claiming you've won a free trip or can get discounts on hotels
and airfares. These offers usually don't disclose the hidden fees
involved, for example, deposits, surcharges, excessive handling fees or
taxes.
- Some travel scams require you to purchase a product to get a
trip that's "free" or "two-for-one." You'll end up paying for the
"free" trip or more for the product than the trip is worth, and
the two-for-one deal might be more expensive than if you had
arranged a trip yourself by watching for airfare deals.
- Be wary of travel offers which ask you to redeem vouchers or
certificates from out-of-state companies. Their offers are
usually valid only for a limited time and on a space-available
basis. The hotels are often budget rooms and very uncomfortable.
The company charges you for the trip in advance, but will the
company still be in business when you're ready to take the trip?
- Check the reputation of any travel service you use, especially
travel clubs offering discounts on their services in exchange for
an annual fee. Contact your state or local consumer protection
agency or the Better Business Bureau.
- Request copies of a travel club's or agent's brochures and
contracts before purchasing your ticket. Don't rely on oral
promises. Find out about cancellation policies and never sign
contracts that have blank or incomplete spaces.
- Never give out your credit card number to a club or company
with which you're unfamiliar or which requires you to call 900
numbers for information.
- Don't feel pressured by requests for an immediate decision or a
statement that the offer is only good "if you act now." Don't
deal with companies that request payment in advance or that don't
have escrow accounts where your deposit is held.
- Research cut-rate offers, especially when dealing with travel
consolidators who might not be able to provide your tickets until
close to your departure date.
- You can protect yourself by using a credit card to purchase
travel services. If you don't get what you paid for, contact the
credit card issuer and you might be able to get the charges
reversed. Be aware that you have 60 days to dispute a charge. See
page 22 for further information on billings and disputes.
Although buying in a rent-to-own transaction sounds like a simple
solution when you are short of cash, rent-to-own can be
expensive. The rental charge can be three or four times what it
would cost if you paid cash or financed the purchase at the
highest interest rate typically charged in installment sales.
Before signing a rent-to-own contract, ask yourself the following
questions:
- Is the item something I absolutely have to have right now?
- Can I delay the purchase until I have saved enough money to pay
cash or at least make a down payment on an installment plan?
- Does a retail store offer a layaway plan for the item?
- Have I considered all my credit options, including applying for
retail credit from the merchant or borrowing money from a credit
union, bank or small loan company?
- Would a used item purchased from a garage sale, classified ad
or secondhand store serve the purpose?
If you decide that rent-to-own is the best choice for you, here
are some questions you should ask before you sign on the dotted
line.
- What is the total cost of the item? The total cost can be
determined by multiplying the amount of each payment by the
number of payments required to purchase the item. Make sure to
add in any additional charges, for example, finance, handling or
balloon payments at the end of the contract.
- Am I getting a new or used item?
- Can I purchase the item before the end of the rental term? If
so, how is the price calculated?
- Will I get credit for all of my payments if I decide to
purchase the item?
- Is there a charge for repairs during the rental period? Will I
get a replacement while the rented item is not in my possession?
- What happens if I am late on a payment? Will the item be
repossessed? Will I pay a penalty if I return the item before the
end of the contract period?
Comparison shop among various rent-to-own merchants. Contact your
local or state consumer protection agency or Better Business
Bureau to find out if there are any complaints on record against
the business. Check for any specific state laws. Read the
contract carefully and make sure you understand all the terms and
get all promises in writing.
Remember, know what you are paying. Compare the cash price plus
finance charges in an installment plan with the total cost of a
rent-to-own transaction.
Long-term rent-to-own contracts cost so much more than
installment plans that you could rent an item, make a number of
payments, return the item, buy it on an installment plan and
still come out ahead.
Knowing how to use products correctly, reading instructions and
being alert to hazards will help to ensure a safe environment
around you. You also should pay attention to product recalls in
the news and consumer magazines. Several Federal government
agencies provide recall information on a variety of products,
including toys, cars, child safety seats, food, and health and
beauty aids.
- Read about major appliances, tools and other items before you
buy. There are several consumer magazines at the library which
give detailed information on the prices, features and safety of
various products.
- Learn to use power tools and electrical appliances safely. If
you don't know what a ground fault circuit interrupter (GFCI) is,
find out. Read the instructions carefully before using the
equipment.
- Don't use things for purposes the manufacturer never intended.
Tools aren't kids' toys.
- Poolside safety demands non-climbable fencing, CPR training, a
poolside phone, a GFCI and constant adult supervision to help
ensure the protection of children. Some building codes require
some of these safety features.
- Make sure toys are age appropriate. Your 10-year-old's baseball
bat can be a lethal weapon in the hands of your 3-year-old
slugger.
- Children should always wear bicycle helmets. Some states now
require them. When shopping for helmets, look for the ANSI and/or
SNELL sticker to ensure the safest helmet.
- Small parts can present choking hazards to children who put
things in their mouths. Beware of balloons, balls, marbles and
older children's toys.
- Baby items demand special attention. Cribs, baby walkers and
baby gates have changed dramatically as the result of new safety
requirements. Don't buy used baby items that can't comply with
current standards.
- Garage and tag sales are places where small appliances, power
tools, baby furniture and toys with safety defects, lead paints
or other hazards get passed along to new owners. Make sure these
types of items meet current safety requirements.
- If you spot a product defect, design flaw, allergic reaction or
hidden hazard, contact the U.S. Consumer Product Safety
Commission or your state or local consumer protection agency.
- Read product labels. Some products can turn into deadly poisons
when mixed with other products, stored improperly or used in
poorly vented areas.
- Keep all medicines, cleaning products, wood finishes, toxic art
supplies and paints out of the sight and reach of young children.
Keep leftover products in their original containers. Have the
poison control emergency number near your phone. Get rid of old
and dated products.
- Look for tamper-resistant packaging on foods and medicine.
- Watch out for dinnerware decorated with lead paint or glaze and
lead crystal decanters. If there's no way to ensure the items are
lead-free, don't buy them.
- Contact the Auto Safety Hotline at 8004249393 (toll
free) to report safety problems, and to obtain recall and safety
information on new and used cars, trucks, motorcycles, motor
homes, child seats and other motor vehicle equipment.
For consumer education material or to file a complaint, contact:
(consumer products, other than cars, food or drugs)
U.S. Consumer Product Safety Commission (CPSC)
Washington, DC 20207
Product Safety Hotline:
Toll free: 800638CPSC; 8006382772
TDD toll free: 8006388270
Fax-on-Demand: 3015040051 (dial from handset of fax
machine)
Website: www.cpsc.gov
E-mail: info@cpsc.gov
(For more information about CPSC's Product Safety Hotline and
Fax-on-Demand services, see page 107.)
(vehicles, child safety seats and other motor vehicle equipment)
National Highway Traffic Safety Administration (NHTSA)
Washington, DC 20590
Auto Safety Hotline and Fax-on-Demand:
2023660123
Toll free outside DC: 8004249393
TDD: 2023667899
TDD toll free outside DC: 8004249153
Website: www.nhtsa.dot.gov
(food, drugs, medical devices, such radiological products as
microwave ovens, televisions and sunlamps)
U.S. Food and Drug Administration
Recall and Emergency Coordinator
Refer to the white pages of your local telephone book for your
regional FDA office.
Recalls
Item 595Z
Pueblo, CO 81009
(Write to this address to receive a free publication prepared by
the U.S. Office of Consumer Affairs that explains which Federal
agencies issue consumer product recalls, the kinds of products
each of them covers, how to report product safety problems, and
how to find out about warnings or recalls that have been
announced.)
State and Local Consumer Protection Office (See page 71.)
The new food label format offers more complete, useful and
accurate nutrition information than has been available in the
past. Shoppers are now able to compare the nutritional value of
every packaged food on the grocery shelf.
Nutrition Labeling Panel--Content
The revamped nutrition panel on each food product is called
"Nutrition Facts" and lists the following mandatory dietary
components:
- total calories;
- calories from fat;
- total fat;
- saturated fat;
- cholesterol;
- sodium;
- total carbohydrates;
- dietary fiber;
- sugars;
- protein;
- vitamins A and C;
- calcium; and
- iron.
Voluntary dietary components that can be listed on the label
include calories from saturated fat, polyunsaturated fat,
mono-unsaturated fat, potassium, soluble fiber, insoluble fiber,
sugar alcohol, other carbohydrates, and essential vitamins and
minerals.
Nutrition Labeling--Format
All nutrients must be stated as a percentage of their "Daily
Value" (the daily nutrient intake level recommended by public
health authorities) to show how much of a day's ideal total of a
particular nutrient a consumer is getting. For example, if a
serving of soup contains half the amount of sodium that is
recommended for consumers daily, the food label shows the "Daily
Value" of sodium in that soup as 50%. These percentages are based
on a daily intake of 2,000 calories.
Serving Sizes
Serving sizes have been standardized and reflect more closely the
amount of food usually eaten at one time. The serving size for
similar products from different manufacturers are comparable.
Nutrient Content Descriptors
Food manufacturers are required to use standardized definitions
when making claims concerning the nutrient contents of foods, for
example, "light," "low-fat," "free," "reduced calories" and "high
fiber."
Health Claims
Product claims about the relationship between a nutrient or food
and the risk of a disease are limited to specific types of claims
in seven areas. For example, if a product makes a health claim
related to the link between calcium and osteoporosis, the product
must contain at least 200 milligrams of calcium and must be a
form of calcium that can be absorbed easily by the body.
The claims must be stated so that the consumer can understand the
relationship between the nutrient and the disease.
For more information, contact:
Food and Drug Administration
Consumer Affairs and Information
Department of Health and Human Services
5600 Fishers Lane
Room 1675 (HFE88)
Rockville, MD 20857
3014433170 or
Toll free: 8005324440
Department of Agriculture
Center for Nutrition Policy and Promotion
1120 20th Street, N.W.
Room 200
Washington, DC 20036
2024182312
Website: www.usda.gov/fcs/cnpp.html
Part II.
Consumer Assistance Directory
Handbook
Contents