The story of a “bad” check

CONSUMER FORUM

By Russ Van Arsdale, Executive Director, Northeast CONTACT
Posted April 28, 2013, at 2:08 p.m.

Here’s the story of a local consumer that we’ll call Sue. She wrote a check for a purchase she was making at a Bangor-area supermarket; the clerk scanned the check, which was rejected.

Sue was surprised, since she had more than enough money in her checking account to cover the purchase. The customer service person gave Sue a contact number and asked her to call Certegy Check Services. Before calling, Sue went to her bank and verified that there were sufficient funds to cover her check.

Then she called Certegy, and things got interesting. The instructions on the contact card asked callers to provide a driver’s license number, full name, current address, telephone and check numbers, check amount, checking account number and bank name. Sue was reluctant to provide that information.

After three calls a Certegy official explained the start of the problem.

It seems Sue had written a check six days earlier to the local branch of a major chain store. The check came back as having come from an invalid account. When Sue learned this, she and her husband went back to their bank and inquired further. The bank representative found that the check had never been received by the bank. The representative called Certegy, tracked down Sue’s check and asked for the account number. It turned out the account number did not match Sue’s account.

It appears that the problem originated with Sue’s check at the major chain. A scanner may have misread the account number, or a clerk may have copied it incorrectly. Whatever the case, it was not Sue’s fault. Certegy said the check for the chain store purchase would be re-submitted and that her account would be in good standing again. Originally, Sue had been told her check writing privileges would not be restored for seven days, as a matter of company policy. This concerned her, as she writes checks for prescription medications.

Sue wrote to Northeast CONTACT, and we forwarded her details to David Leach, principal examiner with Maine’s Bureau of Consumer Credit Protection. He explained that Certegy, a licensed credit reporting agency in Maine, has been in business for nearly 30 years and is the largest check approval company in the United States.

Leach talked with an official at Certegy, who said his company had not been aware of Sue’s concerns regarding her prescriptions. Had Certegy been made aware of those concerns, the official said, Sue’s check writing privileges would have been restored immediately.

“As regulators, we hardly ever hear of such situations,” Leach told us. He said the check certification system generally works well and has prevented the passing of a large number of “bad” checks. Leach said the system is “designed to take the merchant out of the equation” and let the customer deal directly with Certegy or another similar firm.

He called Sue’s case an “outlier” situation, one which happens in a small minority of cases. On Friday, Sue said she has had no further problems cashing checks.

Sue is among a minority of vocal consumers who criticize Certegy’s multi-stop phone complaint system (call, explain, get transferred, explain again). Many who rant on blogs say they tire of the treatment and simply give up. Businesses using the service may consider a few customers’ anger worth the avoidance of a rising number of fraudulent checks.

Consumer Forum is a collaboration of the Bangor Daily News and Northeast CONTACT, Maine’s all-volunteer, nonprofit consumer organization. For assistance with consumer-related issues, including consumer fraud and identity theft, or for information, write Consumer Forum, P.O. Box 486, Brewer 04412, visit http://necontact.wordpress.com or email contacexdir@live.com.

Case of spying computers sparks privacy concerns

CONSUMER FORUM

By Russ Van Arsdale, Executive Director, Northeast CONTACT
Posted April 20, 2013, at 4:08 p.m.
 

It was bad enough when criminals were trying to access consumers’ personal information. When some businesses were caught peeking into people’s rented computers, authorities came down hard.

Last week, a settlement was announced between federal investigators and seven rent-to-own, or RTO, companies, plus a software design firm and its two principals. While the settlement allows the companies to avoid admitting they did anything wrong, it requires them to stop doing the things that created all the fuss.

Those things stemmed from the companies’ apparent efforts to cut their losses from theft of their rented computers. According to the Federal Trade Commission, which investigated, the RTOs licensed software from a firm called DesignerWare. That software — installed without the customers’ knowledge — contained a “kill switch” that allowed RTOs to disable a rented computer if, in some cases, even a single payment was missed.

Even more upsetting to consumers may have been the add-on feature in the software called “Detective Mode.” When activated (again without the users’ knowledge) the RTOs could track a computer’s location, log a user’s keystrokes, even turn on a built-in camera to photograph the renter, sometimes in his or her most private moments. It also displayed a fake “registration screen” that tricked consumers into providing their contact information.

The FTC probe determined that the cyberspying gave RTOs access to usernames and passwords for email accounts, financial institutions and social media websites; private emails to doctors; Social Security numbers; bank and credit card statements; data from social media sites; and those photographs that most consumers probably wouldn’t want others to see.

The settlement forbids the companies from using monitoring software and from deceptively gathering personal information. There is to be no geophysical tracking without a consumer’s consent, and the information gathered improperly has to be destroyed (unless it becomes evidence in legal proceedings).

At least one of the companies does business in Maine. You can see the list at http://www.ftc.gov/opa/2013/04/designerware.shtm.

The companies will have to keep good records detailing compliance; the FTC plans to keep tabs on them for the next 20 years. Meanwhile, people who keep an eye on such matters say, since many of us willingly offer up private details, the day is not far off when the law won’t take much notice of privacy violations.

Brian Kabateck and Evan Zucker, attorneys in Los Angeles, wrote an article about the RTO cyberspying. “Everyone must be prepared for a day when these kinds of violations are no longer considered a violation of any right at all because the invitation of so much monitoring technology has completely stripped away any expectation of privacy,” they wrote.

In the Daily Journal, a news service for the legal profession, Kabateck and Zucker urged diligence in protecting consumer information and making sure consumer laws are enforced when breaches occur, “to safeguard these important rights.”

There’s this from the FTC website: “The law balances your right to privacy with a company’s need to provide information for normal business purposes.”

Consumers need to watch carefully, as definitions of terms in the preceding sentence evolve.

Consumer Forum is a collaboration of the Bangor Daily News and Northeast CONTACT, Maine’s all-volunteer, nonprofit consumer organization. For assistance with consumer-related issues, including consumer fraud and identity theft, or for information, write Consumer Forum, P.O. Box 486, Brewer 04412, visit http://necontact.wordpress.com or email contacexdir@live.com.

Helping Victims of the Bombing in Boston — Make Sure Your Donations Count

April 17, 2013

by

Colleen Tressler
Consumer Education Specialist, FTC

After the bombing at the Boston Marathon, many people are looking for ways to help, like donating to a charity or fund.

Doing some research first will help ensure that your donation will go to a reputable organization that will use the money as promised — and as you intend. Urgent appeals for aid that you get in person, by phone or mail, by e-mail, on websites, or on social networking sites may not be on the up-and-up. Unfortunately, legitimate charities face competition from fraudsters who either solicit for bogus charities or aren’t entirely honest about how a so-called charity will use your contribution.

If you’re asked to make a charitable donation to support victims of the bombing in Boston, consider these tips:

  • Donate to charities you know and trust. Be alert for charities that seem to have sprung up overnight in connection with current events, like the bombing.
  • Ask if a caller is a paid fundraiser, who they work for, and what percentage of your donation goes to the charity and to the fundraiser. If you don’t get a clear answer — or if you don’t like the answer you get — consider donating to a different organization.
  • Don’t give out personal or financial information — including your credit card or bank account number — unless you know the charity is reputable.
  • Never send cash: you can’t be sure the organization will receive your donation, and you won’t have a record for tax purposes.
  • Check out the charity with the Better Business Bureau’s (BBB) Wise Giving Alliance, Charity Watch, or GuideStar.
  • Find out if the charity or fundraiser must be registered in your state by contacting the National Association of State Charity Officials.

For more on the questions to ask and for a list of groups that can help you research a charity, go to Charity Scams.

 

Fostering Financial Literacy in Maine Schools Conference – WABI-TV

Russ and Wayne discuss April as Financial Literacy Month. VIDEO

Many people find themselves living beyond their means and one way to stop that from happening and the debt from piling up is to become financially literate.

Russ told us about the website MyMoney.gov It’s a government website that has financial advice for people to become more aware of how to make budgets, where to keep your money, and how to save for when emergencies happen.

There is a conference set to take place on Thursday May, 2nd 2013 in Augusta to help promote financial literacy in Maine schools. The conference is called Fostering Financial Literacy in Maine Schools Conference and is organized by corporate, nonprofit, and government sponsors. The goal of this conference is to give teachers the tools to help students in kindergarten through college prepare for life in the real world. For more information about this conference you can call the Office of Securities at 1-877-624-8551 or email Lindsay.J.Laxon@maine.gov.

 

Financial literacy the key to living within your means

CONSUMER FORUM

By Russ Van Arsdale, Executive Director, Northeast CONTACT
Posted April 14, 2013, at 3:09 p.m.

There’s an old joke explaining why the business failed. The punch line is, “We lose money on every sale, but we make it up in volume.”

That’s the attitude some consumers have about their standard of living. Instead of taking the long view and living a bit below their means, they’d like to live above their means — not just now and then, but all year long.

That kind of thinking has a price, and it can be a hefty one. Just ask consumers who have run up so much on their credit cards that they feel unable to get out from under the weight of their debt.

The answer for many consumers, in the short term, is credit counseling. The long-term solution, for all of us, is to become financially literate. That means knowing what we need to know to make sound financial decisions and living within our means.

Setting aside for the moment any finger pointing over the lack of a new federal budget, we’ll simply note that President Barack Obama has designated April as Financial Literacy Month. The one-stop website for government-issued advice is MyMoney.gov — it includes a link to many state and local government agencies, as well as federal bodies, that offer financial education.

Whatever your source of information, a worthy goal is establishing a workable budget. That may be easier said than done in an economy that continues to give mixed signals about its health. But it is a goal, and there are tangible steps than can be taken toward achieving it.

Step one is creating a budget. By adding all your monthly expenses and comparing that total with your income for the same period, you have a clear reading of your financial health. When totaling expenses, try to include some savings; money that’s set aside can be critical when emergencies happen.

Take a look at where you keep your money. Some banks — especially larger ones — tend to charge higher fees to handle your money. Do some comparison shopping, and you may find an alternative (smaller bank, credit union, etc.) that charges smaller fees or none at all.

The budgeting process forces you to take a hard look at the money that’s coming in and going out every month. Your dollars become more than numbers on a statement. The exercise should help you feel more in control of your monetary situation.

Using that control, see if you can live a little below your means. There are temptations everywhere to live above our means, and that’s how many consumers get into trouble. Careful budgeting coupled with a resolve to keep our “standard of living” within our means can greatly lessen stress over one’s financial health.

A statewide gathering set for May 2 in Augusta may help promote such efforts. It’s the fourth annual Fostering Financial Literacy in Maine Schools Conference, and it’s organized by corporate, nonprofit and government sponsors. The aim is to give educators the tools to help students, kindergarten through college, prepare for life in the real world. For information about the conference, call Maine’s Office of Securities at 877-624-8551 or email Lindsay.J.Laxon@maine.gov.

Consumer Forum is a collaboration of the Bangor Daily News and Northeast CONTACT, Maine’s all-volunteer, nonprofit consumer organization. For assistance with consumer-related issues, including consumer fraud and identity theft, or for information, write Consumer Forum, P.O. Box 486, Brewer 04412, visit http://necontact.wordpress.com or email contacexdir@live.com.

 

 

Corporate Records Service scam targets, dupes small businesses

CONSUMER FORUM

By Russ Van Arsdale, Executive Director, Northeast CONTACT
Posted April 07, 2013, at 11:25 a.m.

 The people in Maine’s division of corporations, a department within the Secretary of State’s office, have been a busy in recent weeks.

Responding to calls of concern, they sent a number of emails to corporations regarding a scam that’s been making the rounds nationwide. The goal, as in most scams, is to get unsuspecting recipients to send money in exchange for, well, nothing.

An outfit calling itself Corporate Records Service (CRS) sent letters to a number of Maine businesses, and those letters were more than a little official-looking. Printed on legal-size paper, the letters told business owners that CRS would “prepare and provide corporate minutes” that allegedly meet requirements of state law.

“As soon as we learned of it, we knew it wasn’t legitimate,” said Barbara Redmond, Maine’s chief deputy secretary of state. As the division of corporations pointed out in a recent news release, “Maine corporations are not required to file corporate minutes with the Secretary of State’s office.”

While corporations do have to file annual reports by June 1, they do not have to file meeting minutes. And they certainly don’t have to pay an unknown party $125 to do so.

The division’s news release and mass emailing to corporations cautioned, “We want to alert all entities [for-profit businesses and nonprofits] of this deceptive solicitation to prevent entities from feeling compelled to complete the form and send payment to a mailing center post office box address by the deadline on the form.”

Northeast CONTACT was alerted to the scam by a Bangor-area business that had complied with the solicitation. On learning it was a scam, the owner canceled his credit card as a precaution (meanwhile, the mailbox service had flagged the unauthorized mail recipient — CRS — and returned the mailing to the owner).

Business owners might be duped by such a scam for several reasons. Forms that appear to be matters of official business carry more weight than “junk mail.” Small businesses by definition have a limited number of employees; they may be doing several jobs and may not be trained to spot scam attempts.

Finally, the sheer volume of mail that many businesses receive makes attention to such details problematic. Businesses are targets of a number of schemes, notably offers to sell office supplies at better-than-believable prices. One offer — to print all government-required employee notices on one laminated sheet — is often outdated nearly as soon as it’s received (get them free at www.maine.gov/labor/posters/index.html).

Cara McCormick of Belfast owns two corporations in Maine. Recalling the fines for missing a previous annual report filing deadline, she had filled out two of the bogus forms, enclosed checks and was ready to mail them. She checked her email and found the warning from the division of corporations. “They deserve to be commended for their timely response,” McCormick said.

All entities on record with the Secretary of State may want to check filing requirements at http://www.maine.gov/sos/cec/corp/helpful.html and call the division of corporations at (207) 624-7752 with questions.

Inspector Michael Desrosiers of the Postal Inspection Service in Portland says the service has not investigated this particular mailing. He advises average citizens and business people alike to be sure they know who they’re sending money to, and that if it’s a scam, “you will never get that money back.” For more, visit the Inspection Service website, www.deliveringtrust.com.

Consumer Forum is a collaboration of the Bangor Daily News and Northeast CONTACT, Maine’s all-volunteer, nonprofit consumer organization. For assistance with consumer-related issues, including consumer fraud and identity theft, or for information, write Consumer Forum, P.O. Box 486, Brewer 04412, visit http://necontact.wordpress.com or email contacexdir@live.com.

Tax Return Fraud – WABI-TV, April 1, 2013

Russ and Joy discuss the possibility of your tax refund going to someone else. Watch Video

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