Consumer Protection

There are a number of services which can help you with your consumer complaint, if you believe you are the victim of deceptive business practices or have not been able to resolve a dispute or misunderstanding with a merchant on your own. Pennsylvania has laws to protect you from a number of unfair business practices, but the best resource you have for your own protection is YOU. It is wise to become educated about your rights as a consumer and to exercise caution in financial and business dealings.

Scams of one kind or another prevalent in our society and many types of scams target senior citizens. Scams come in every conceivable form: visits at the door, free publications, flyers, the telephone (today it’s called telemarketing), through the mail, “infomercials” on TV, out in the shopping center parking lot, and even over the computer. Typical kinds of scams are “home improvement scams,” and “investment scams” dealing with such hot topics as securities and “living trusts.” Many scams deal with scare tactics, such as “Medicare Alert”, or bank scares. Other scams try to get you to donate your hard earned dollars “for a worthy cause.”

Medicare Benefit Scam

The new Medicare Prescription Drug Benefit has brought out scam artists who will call or contact you claiming to represent insurance companies that offer assistance in getting the benefits; in reality they are just trying to get some personal information to get access to your bank account or credit cards. Remember:

  • Never give your Medicare, Social Security Number, bank account, credit card, pension or other personal information in exchange for “free” or “lower cost” prescription drugs, or to someone who has made an unsolicited call to you.

The Social Security Administration does send out applications for “Extra Help” with the new Prescription Drug Benefit program. They may contact you by phone if your application is not complete, but they will NEVER ask your Social Security Number, date of birth or other personal information. They will already have it. If you have been a victim of this scam or know someone who has, call the Social Security Administration at 1-800-447-8477. For more information about the Medicare Prescription Drug Benefit and how to get help choosing your plan, see the section describing this program elsewhere in this Handbook.

Specific Scams Prohibited by Pennsylvania’s Consumer Protection Law

Many scams are specifically defined as “unfair methods of competition” and “unfair or deceptive acts or practices” by the Pennsylvania Consumer Protection Law. Some involve:

  • Passing off goods and services as those of another;
  • Claiming an item is new when in fact it is used;
  • Claiming that products have certain benefits or uses they don’t have, or that a person has a sponsorship, approval or other connection that he/she doesn’t actually have;
  • Claiming that goods or services are of a particular standard, quality or grade or of a particular model or style, when in fact they are not;
  • Bait and switch tactics, where the seller has no intention of satisfying reasonably expected public demand for an advertised item;
  • Pyramid schemes, where only those few who join in the very early stages make money and most people make little or no money;
  • Knowingly misrepresenting that services, replacements or repairs are needed if they are not needed;
  • Making repairs, improvements or replacements of a nature or quality inferior to or below the standard of that agreed to in writing;
  • Making solicitation phone calls without disclosing the seller, that it is a sales call, the nature of the goods or services, or that no purchase is necessary to win a prize in a sweepstakes;
  • Including a “confession of judgment” clause in a consumer contract (Note: confession of judgment would allow the seller to obtain a money judgment against the consumer without giving the consumer a chance to assert a legal defense.);
  • A car dealer failing to tell a buyer of a new car that rust proofing is optional and that the car has already been rust proofed by the manufacturer, and that a warranty may apply to the rust proofing;
  • Engaging in any other fraudulent or deceptive conduct which creates the likelihood of confusion or of misunderstanding (a “catch all” provision).
  • If you suffer damages as a result of one of the deceptive practices listed above, you may sue to recover either your actual damages or $100, whichever is greater, as well as up to three times your actual damages and attorney’s fees.

It’s Probably a Scam If:

  • You have to pay money to claim your prize, such as a “confirmation deposit.”
  • It’s too good to be true.
  • You didn’t initiate the contact.
  • You’ve won! (But you never entered the contest.)
  • It’s a high pressure situation.
  • You have to give out a credit card number or social security number to a stranger over the telephone. (NEVER, NEVER, NEVER GIVE OUT YOUR NUMBERS OVER THE TELEPHONE!!!)
  • You sent “too much money” to someone you don’t remember, and now they need a new check.
  • Thanks for your pledge! (What Pledge?)
  • You have to buy right now, because “it’s a once in a lifetime opportunity” or “it ends at 5 o’clock today.”

Many are variations of the old “get rich quick” schemes, but the only ones who get rich quick are the scam artists – not you.

Suggestions for Resolving Complaints

The Delaware County Office of Consumer Affairs and the Office of the Attorney General publish consumer protection booklets, which include these suggestions for attempting to resolve a complaint:

Decide on the specific complaint you wish to make; Have a clear statement of the specific action you want the person or business to take to remedy your complaint; Proceed without delay;

  • • If you are making the complaint in person, take along the purchase receipt, any guarantee or warranty, and if possible, the product;
  • • Be assertive! If you are told by a salesperson or company representative that they cannot deal with your complaint, ask for higher authority;
  • • If you complain by mail, give the brand name, model number, size, color and other details needed for identifying the product. Include in your letter a specific explanation of the circumstances surrounding your complaint;
  • • Keep copies of your letter and all correspondence you receive. If you return the product, be sure to insure it.

If you are unable to resolve your consumer complaint, you can file a written complaint on a pre-printed form with the Delaware County Office of Consumer Affairs or the Bureau of Consumer Protection:

  • DELAWARE COUNTY OFFICE OF CONSUMER AFFAIRS
  • 201 WEST FRONT STREET
  • MEDIA, PA 19063
  • PHONE: 610-891-4865
  • FAX: 610-566-3947
  • ATTORNEY GENERAL
  • BUREAU OF CONSUMER PROTECTION
  • 21 SOUTH 12TH STREET, 2ND FLOOR
  • PHILADELPHIA, PA 19107
  • PHONE: 215-560-2414
  • FAX: 215-560-2494
  • HOTLINE: 1-800-441-2555.
  • Other Good Names and Numbers to Know
  • The Better Business Bureau of Eastern Pennsylvania,
  • 1608 Walnut Street, Suite 6,
  • Philadelphia, PA 19103-0297.
  • Phone: 215-985-9313.
  • E-mail: Philadelphia@easternpa.bbb.org.

Mail Fraud:

  • U.S. Chief Postal Inspector
  • 877-987-3728
  • or your local Postmaster.

Charitable Organizations

Senior citizens who are solicited by charitable organizations can call the Pennsylvania Department of State’s Bureau of Charitable Organizations toll-free at 800-732-0999 to find out if the organizations are registered to solicit contributions, how much income the organizations received, and how much the organizations spend on programs, services, administration and fundraising. Seniors can also call the toll-free number with any complaints they have about organizations which have solicited funds from them.

Some precautions when you are called for donations:

  • Ask for written information, including the charity’s name, address and telephone number;
  • Ask for identification, and if the solicitor refuses, hang up;
  • Call the charity to check whether they are aware of the solicitation. If they are not responsible, you should report the call to your local police department so they can investigate the potential for fraud;
  • Watch out for organizational names which sound like established charities; some phony groups use titles that closely resemble respected legitimate organizations;
  • Know that “tax-exempt” is not the same as “tax-deductible.” The exemption refers to the organization but your contribution may or may not be deductible and if that is important to you ask for a receipt for the amount of your contribution;
  • Be skeptical if someone thanks you for a pledge you do not remember making; keep records and check them;
  • Refuse high pressure appeals. No legitimate organization should pressure you for your gift.

Telemarketing

Telemarketing is another method commonly used to get your personal information such as credit card numbers, checking account numbers, Social Security number, driver’s license number, etc. DO NOT GIVE OUT THIS INFORMATION unless you placed the call yourself to a well known, reputable company. Also, never allow a caller to pressure you into acting immediately and never agree to any offer until you have seen it in writing.

Pennsylvania law permits telemarketers to make calls only between the hours of 8:00 A.M. and 9:00 P.M. Also, the law prohibits telemarketers from calling consumers who have stated that they do not want to be called.

“DO NOT CALL” Registry

If you want your name removed from telemarketing lists, send your name, telephone number (including area code) and address to the Telephone Preference Service, Direct Marketing Association, P.O. Box 9014, Farmingdale, New York 11735-9014. This action will help reduce the number of unsolicited calls even if it won’t stop all the calls.

Pennsylvania has enacted the “Telemarketer Registration Act” in association with the above referenced Direct Marketing Association. This is the commonly referred to “Do-Not-Call” program and utilizes the Direct Marketing Association to help Pennsylvanians curtail unwanted solicitations via telephone. For detailed information regarding this program you may visit www.nocallsplease.com or contact the hotline at 1-888-777-3406.

In general, the program allows citizens to be on a list for five years. The “Do Not Call” list is updated quarterly and telemarketers have 30 days to remove newly added names from their list. The list alerts telemarketers that those on the list do not want to receive phone calls. There are several exceptions to this list such as if the phone call relates to a pre-existing debt. Violation of the law can carry a $1,000 penalty, or a $3,000 penalty if the person contacted is 60 years or older.

In addition to Pennsylvania’s Do Not Call list, there is a national “Do Not Call” registry, enacted by the Federal Trade Commission. The FTC automatically includes the Pennsylvania Do Not Call list as part of the national list. To be added to the FTC’s Do Not Call list, you can register online at WWW.DONOTCALL.GOV or call toll-free, 1-888-382-1222 (TTY 1-866-290-4236) from the number you wish to register. Registration is free. It is illegal for any third party to contact you offering to add your name to the list for a fee, and the FTC has stated that it will not contact people on the Do Not Call list to verify personal information. If you receive a call from somebody claiming that they can “pre-register” you for the list, or asking to verify personal information in connection to the list, report it to the FTC at www.ftc.gov or 1-877-FTC-HELP, or call the Pennsylvania Attorney general.