If
you're age 60 or older, you may be a special target for people who sell
bogus products and services by phone.
It's
easy enough to fall prey to their sales pitch. Telemarketing fraud is a
multi-billion dollar business in the United States. Every year, thousands of
consumers lose from a few dollars to their life savings to telephone con
artists.
That's
why the Federal Trade Commission (FTC) encourages you to be skeptical when
you hear a phone solicitation and to be aware of the Telemarketing Sales
Rule, a new law that can help you protect yourself from abusive and
deceptive telemarketers.
How
Older People Become Victims of Telemarketing Fraud
Fraudulent telemarketers try to take advantage of older people on the theory
that they may be more trusting and polite toward strangers. Older women
living alone are special targets of these scam artists.
Here
are some reasons older people become victims of telemarketing fraud:
Often
it's hard to know whether a sales call is legitimate. Telephone con
artists are skilled at sounding believable--even when they're really
telling lies.
Sometimes
telephone con artists reach you when you're feeling lonely. They may
call day after day--until you think a friend, not a stranger, is
trying to sell you something.
Some
telephone salespeople have an answer for everything. You may find it
hard to get them off the phone -- even if they’re selling something
you're not interested in. You don't want to be rude.
You
may be promised free gifts, prizes, or vacations--or the
"investment of a lifetime"-- but only if you act "right
away." It may sound like a really good deal. In fact, telephone
con artists are only after your money. Don't give it to them.
Common
Telephone Scams
Con artists never run out of scams. Have you heard any of these?
Prize
offers: You
usually have to do something to get your "free"
prize--attend a sales presentation, buy something, or give out a
credit card number. The prizes generally are worthless or overpriced.
Travel
packages:
"Free" or "low-cost" vacations can end up costing
a bundle in hidden costs. Or, they may never happen. You may pay a
high price for some part of the package -- like hotel or airfare. The
total cost may run two to three times more than what you'd expect to
pay or what you were led to believe.
Vitamins
and other health products:
The sales pitch also may include a prize offer. This is to entice you
to pay hundreds of dollars for products that are worth very little.
Investments:
People lose millions of dollars to "get rich quick" schemes
that promise high returns with little or no risk. These can include
gemstones, rare coins, oil and gas leases, precious metals, art, and
other "investment opportunities." As a rule, these are
worthless.
Charities:
Con artists often label phony charities with names that sound like
better-known, reputable organizations. They won't send you written
information or wait for you to check them out with watchdog groups
<http://www.ftc.gov/bcp/conline/pubs/tmarkg/target.htm>.
Recovery
scams: If you buy
into any of the above scams, you're likely to be called again by
someone promising to get your money back. Be careful not to lose more
money in this common practice. Even law enforcement officials can't
guarantee they'll recover your money.
Tip-Offs
to Phone Fraud
Telephone con artists spend a lot of time polishing their "lines"
to get you to buy. You may hear this:
You
must act "now"--or the offer won't be good.
You've
won a "free" gift, vacation, or prize--but you pay for
"postage and handling" or other charges.
You
must send money, give a credit card or bank account number, or have a
check picked up by courier--before you've had a chance to consider the
offer carefully.
You
don't need to check out the company with anyone--including your
family, lawyer, accountant, local Better Business Bureau, or consumer
protection agency.
You
don't need any written information about their company or their
references.
You
can't afford to miss this "high-profit, no-risk" offer.
If
you hear these--or similar--"lines" from a telephone salesperson,
just say "no thank you," and hang up the phone.
The
Telemarketing Sales Rule
The FTC's Telemarketing Sales Rule requires telemarketers to make certain
disclosures and prohibits certain misrepresentations. It gives you the power
to stop unwanted telemarketing calls and gives state law enforcement
officers the authority to prosecute fraudulent telemarketers who operate
across state lines.
The
Rule covers most types of telemarketing calls to consumers, including calls
to pitch goods, services, "sweepstakes," and prize promotion and
investment opportunities. It also applies to calls consumers make in
response to postcards or other materials received in the mail.
Keep
this information near your telephone. It can help you determine if you're
talking with a scam artist or a legitimate telemarketer.
It's
illegal for a telemarketer to call you if you've asked not to be
called. If they call back, hang up and report them to your state
Attorney General.
Calling
times are restricted to the hours between 8 a.m. and 9 p.m.
Telemarketers
must tell you its a sales call and who's doing the selling before they
make their pitch. If it's a prize promotion, they must tell you that
no purchase or payment is necessary to enter or win. If you're asked
to pay for a prize, hang up. Free is free.
It's
illegal for telemarketers to misrepresent any information, including
facts about their goods or services, earnings potential,
profitability, risk or liquidity of an investment, or the nature of a
prize in a prize-promotion scheme.
Telemarketers
must tell you the total cost of the products or services they're
offering and any restrictions on getting or using them, or that a sale
is final or non-refundable, before you pay. In a prize promotion, they
must tell you the odds of winning, that no purchase or payment is
necessary to win, and any restrictions or conditions of receiving the
prize.
It's
illegal for a telemarketer to withdraw money from your checking
account without your expressed, verifiable authorization.
Telemarketers
cannot lie to get you to pay, no matter what method of payment you
use.
You
do not have to pay for credit repair, recovery room, or advance-fee
loan/credit services until these services have been delivered. (Credit
repair companies claim that, for a fee, they can change or erase
accurate negative information from your credit report. Only time can
erase such information. Recovery room operators contact people who
have lost money to a previous telemarketing scam and promise that, for
a fee or donation to a specified charity, they will recover your lost
money, or the product or prize never received from a telemarketer.
Advance-fee loans are offered by companies who claim they can
guarantee you a loan for a fee, paid in advance. The fee may range
from $100 to several hundred dollars.)
Exceptions
to the Rule
While most types of telemarketing calls are covered by the Rule, there are
exceptions. The Rule does not cover:
Calls
placed by consumers in response to general media advertising, except
calls responding to ads for investment opportunities, credit repair
services, recovery room services, or advance-fee loans.
Calls
placed by consumers in response to direct mail advertising that
discloses all the material information required by the Rule, except
calls responding to ads for investment opportunities, prize
promotions, credit repair services, recovery room services, or
advance-fee loans.
Catalog
sales.
Calls
initiated by the consumer that are not made in response to any
solicitation.
Sales
that are not completed, and payment or authorization for payment is
not required, until there is a face-to-face sales presentation.
Calls
from one business to another unless nondurable office or cleaning
supplies are being offered.
Sales
of pay-per-call services and sales of franchises. These are covered by
other FTC rules.
What
You Can Do To Protect Yourself
It's very difficult to get your money back if you've been cheated over the
phone. Before you buy anything by telephone, remember:
Don't
buy from an unfamiliar company. Legitimate businesses understand that
you want more information about their company and are happy to comply.
Always
ask for and wait until you receive written material about any offer or
charity. If you get brochures about costly investments, ask someone
whose financial advice you trust to review them.
Always
check out unfamiliar companies with your local consumer protection
agency, Better Business Bureau, state Attorney General, the National
Fraud Information Center, or other watchdog groups <http://www.ftc.gov/bcp/conline/pubs/tmarkg/target.htm>.
Unfortunately, not all bad businesses can be identified through these
organizations.
Always
take your time making a decision.
Legitimate
companies won't pressure you to make a snap decision.
It's
never rude to wait and think about an offer. Be sure to talk over big
investments offered by telephone salespeople with a trusted friend,
family member, or financial advisor.
Never
respond to an offer you don't understand thoroughly.
Never
send money or give out your credit card or bank account number to
unfamiliar companies.
Be
aware that any personal or financial information you provide may be
sold to other companies.
For
More Help
Before you buy from an unfamiliar organization, check it out with some of
these groups. Your local phone directory has phone numbers and addresses.
Call
for Action
5272 River Road, Suite 300
Bethesda, MD
1-800-647-1756
State
Attorney General
Better
Business Bureau <http://www.bbb.org>
Local
consumer protection organization
National
Charities Information Bureau
19 Union Square West
New York, NY 10003-3395
212-929-6300
To
stop unwanted telephone sales calls from many national marketers, send your
name, address, and telephone number to:
Direct
Marketing Association
Telephone Preference Service
P.O. Box 9014
Farmingdale, NY 11735-9014
Under
the Telephone Consumer Protection Act of 1991, you can ask that companies
put you on their "do not call" lists. If the company calls you
again, you can bring action in Small Claims Court.
For
More Information
The
FTC works for the consumer to prevent fraudulent, deceptive and unfair
business practices in the marketplace and to provide information to help
consumers spot, stop and avoid them. To file a complaint, or to get free
information on any of 150 consumer topics <http://www.ftc.gov/ftc/consumer.htm>,
call toll-free, 1-877-FTC-HELP (1-877-382-4357), or use the online
complaint form <https://rn.ftc.gov/dod/wsolcq$.startup?Z_ORG_CODE=PU01>.
The FTC enters Internet, telemarketing, and other fraud-related complaints
into Consumer Sentinel, a secure, online database available to hundreds of
civil and criminal law enforcement agencies worldwide .