Telemarketing and Internet Scams

STOP TELEMARKETERS FROM CALLING  YOU


Sick to death of telemarketers calling you at home? Especially those pre-recorded voice messages, or calls with no Caller ID for you to identify who called?

There are  solutions. The federal Telephone Consumer Protection Act, 47 U.S.C. 227,  empowers you to not only stop the calls, but to collect $500 or more for certain violations. Willful or knowing violations are subject to up to triple damages, or $1500 per violation. Jim McMillen is experienced in Telephone  Consumer Protection Act litigation, and can help you regain control over your  phone and help regain privacy in your home. You may get some money damages as well.

We can help call today for an appointment (361) 887-7200

Telemarketing Fraud

Telemarketing fraud is a billion dollar business in the United States. A fraudulent telemarketer will call a consumer with some sort of fictitious product, service, or prize; talk with the consumer for awhile, then get the  consumer to divulge his or her credit card number or a  checking account number. Later, a fraudulent telemarketer may make unauthorized charges or withdrawals against the consumer's account. Senior  citizens are a favorite target of  fraudulent telemarketers. While people over age 65 comprise only 12 percent of  the national population, they make up 30 percent of telemarketing fraud victims.

Once a consumer has lost money to a fraudulent telemarketer, it is difficult to get it back. Telemarketing con artists are quick to close up shop and move to another city  or state to avoid police. The best way for a consumer to protect himself or herself is to be able to identify fraudulent telemarketers before  becoming a victim. A telemarketer may be a con artist if:

    The telemarketer uses high-pressure tactics

    The offer sounds too good to be true

    The consumer must act "now"--or the offer will no longer be good

    The telemarketer is unwilling to provide references or written material to back up his or her claims

    The telemarketer asks for a credit card or checking account number for any reason other than to make a purchase (i.e. for "verification" purposes, to pay shipping and handling, redemption fees, gift taxes, etc, on a purportedly "free" gift or prize)

Consumers should not allow themselves to be pressured and should take the  time to make prudent decisions. A consumer also should request written information about the product or the company; check with the Texas Attorney  General's Consumer Protection office or the local Better Business Bureau to see if any complaints have  been filed against the company; and ask what recourse is available should the product be unsatisfactory. Under Texas law, companies are  required to be registered and  bonded as telemarketers. Consumers may check with  the Texas Secretary of State to determine if a company has met these requirements. A consumer also may contact the local Chamber of Commerce to see if the telemarketer is a member, or may contact the Assumed Names division of  the local county clerk's office to see if the telemarketer has registered its  business name. If necessary, a consumer should simply hang up the phone if he or she suspects the caller of fraud.

Under Texas law a telemarketer may not call consumers at home before 9 a.m.  or after 9 p.m. on a weekday or Saturday, or before noon or after 9 p.m. on Sundays.  The law also requires that a telemarketer provide the consumer with the  name, street address, and phone number of the business for whom the telemarketer  is calling, as well as the name of the person calling and the names and titles  of those in charge of the business. A note of caution, however: fraudulent firms often will change names to  avoid detection. Any contract made as a result of a  telephone sales call is not valid and enforceable against a consumer unless the  contract is put in writing; fully describes the same goods or services discussed on the telephone; contains the name, address, and business telephone number of the seller; and sets out in full the total price, and any  terms and conditions affecting the sale. Texas law further provides that a telemarketer (except a  public charity) must offer a full refund for all undamaged and/or unused goods  returned by the consumer within seven days after the consumer received the goods  or services. The seller must process the refund within 30 days after the  consumer returns the merchandise or cancels an order for undelivered goods.

Consumers can protect themselves from disreputable telemarketers by  requesting full information before completing any transactions. If the telemarketer refuses to comply with these requests, simply hang up.

INTERNET SCAMS

Dot com. Dot gov. Dot net. Dot org. Dot edu. Dot mil.  Dot tv.

The Internet has spawned a whole new lexicon and brought the world to your living room and while the opportunities online for consumers are almost endless, there are some challenges, too. As in dot con.

Dot con? Dot con.

Con artists have gone high-tech, using the Internet to defraud consumers in a  variety of clever ways. Whether they're using the excitement of an Internet auction to entice consumers into parting with their money, applying new technology to peddle traditional business opportunity scams, using email to  reach vast numbers of people with false promises about earnings through day trading, or hijacking consumers' modems and cramming hefty long-distance charges onto their phone bills, scam artists are just a click away.

Fortunately, law enforcement is on the cyber-case. Using complaints to Consumer Sentinel, a consumer fraud database, as their guide, law enforcement  officials have identified the top 10 dot cons facing consumers who surf the Internet, as well as many of the fraudsters behind them. In addition to putting  many online con artists out of business, the Federal Trade Commission, the  nation's chief consumer protection agency, wants consumers to know how not to get caught in their web.

According to the FTC, here's what online consumers are complaining about  most:

Internet Auctions
The  Bait:
Shop in a "virtual marketplace" that offers a huge selection of products at great deals.
The Catch: After sending their  money, consumers say they've received an item that is less valuable than promised, or, worse yet, nothing at all.
The Safety Net: When bidding through an Internet auction, particularly for a valuable item, check out the seller and insist on paying with a credit card or using an escrow service.

Internet Access Services
The  Bait:
Free money, simply for cashing a check.
The  Catch: Consumers say they've been "trapped" into long-term contracts  for Internet access or another web service, with big penalties for cancellation or early termination.
 The Safety Net: If a check arrives at your home or business, read both sides carefully and look inside the envelope to  find the conditions you're agreeing to if you cash the check. Read your phone bill carefully for unexpected or unauthorized charges.

Credit Card Fraud
The Bait:
Surf the Internet and view adult images online for free, just for  sharing your credit card number to prove you're over 18.
The Catch: Consumers say that fraudulent promoters have used their credit card  numbers to run up charges on their cards.
 The Safety Net: Share credit card information only when buying from a company you  trust. Dispute unauthorized charges on your credit card bill by complaining to  the bank  that issued the card. Federal law limits your liability to $50 in  charges if your card is misused.

International Modem  Dialing
The Bait:
Get free access to adult material and  pornography by  downloading a "viewer" or "dialer" computer  program.
The Catch: Consumers complained about exorbitant long-distance charges on their phone bill. Through the program, their modem is disconnected, then reconnected to the Internet through an international  long-distance number.
The Safety Net: Don't download any  program to access a so-called "free" service without reading all the disclosures carefully for cost information. Just as important, read your phone bill carefully and challenge any charges you didn't authorize or don't understand.

Web Cramming
The  Bait:
Get a free custom-designed website for a 30-day trial period, with no obligation to continue.
The Catch: Consumers say they've been charged on their telephone bills or received a separate invoice,  even if they never accepted the offer or agreed to continue the service after the trial period.
The Safety Net: Review your telephone  bills and challenge any charges you don't recognize.

Multilevel Marketing Plans/  Pyramids
The Bait:
Make money through the products and services you sell as well as those sold by the people you recruit into the  program.
The Catch: Consumers say that they've bought into  plans and programs, but their customers are other distributors, not the general  public. Some multi-level marketing programs are actually illegal pyramid  schemes. When products or services are sold only to distributors like yourself, there's no way to make money.
The Safety Net: Avoid plans  that require you to recruit distributors, buy expensive inventory or commit to a minimum sales volume.

Travel and Vacation
The  Bait:
Get a luxurious trip with lots of "extras" at a bargain-basement  price.
The Catch: Consumers say some companies deliver  lower-quality accommodations and services than they've advertised or no trip at  all. Others have been hit with hidden charges or additional requirements after  they've paid.
The Safety Net: Get references on any travel company you're planning to do business with. Then, get details of the trip in  writing, including the cancellation policy, before signing on.

Business Opportunities
The  Bait:
Be your own boss and earn big bucks.
The  Catch: Taken in by promises about potential earnings, many consumers  have invested in a "biz op" that turned out to be a "biz flop." There was no evidence to back up the earnings claims.
The Safety Net: Talk to other people who started businesses through the same company, get all  the promises in writing, and study the proposed contract carefully before  signing. Get an attorney or an accountant to take a look at it, too.

Investments
The  Bait:
Make an initial investment in a day trading system or service and  you'll quickly realize huge returns.
The Catch: Big profits  always mean big risk. Consumers have  lost money to programs that claim to be able to predict the market with 100 percent accuracy.
The Safety Net: Check out the promoter with state and federal securities and  commodities regulators, and talk to other people who invested through the program to find out what level of risk you're assuming.

Health Care  Products/Services
The Bait:
Items not sold through  traditional suppliers are "proven" to cure serious and even fatal health problems.
The Catch: Claims for "miracle" products and treatments convince consumers that their health problems can be cured. But people with serious illnesses who put their hopes in these offers might delay  getting the health care they need.
The Safety Net: Consult a  health care professional before buying any "cure-all" that claims to treat a  wide range of ailments or offers quick cures and  easy solutions to serious  illnesses.

Can you avoid getting caught by a scam artist working the web? Not always.  But prudence pays. The FTC offers these tips to help you avoid getting caught by  an offer that just  may not click:

  • Be wary of extravagant claims about performance or earnings potential. Get all promises in writing and review them carefully before making a payment or signing a contract.
  • Read the fine print and all relevant links. Fraudulent promoters sometimes  bury the disclosures they're not anxious to share by putting them in teeny-tiny type or in a place where you're unlikely see them.
  • Look for a privacy policy. If you don't see one - or if you can't understand it - consider taking your business elsewhere.
  • Be skeptical of any company that doesn't clearly state its name, street address and telephone number. Check it out with the local Better Business  Bureau, consumer protection office or state Attorney General.

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