Archive for the ‘Attorney General’ Category

Send flowers, not other people’s credit card numbers


By Russ Van Arsdale, executive director Northeast CONTACT
Posted May 31, 2015, at 2:26 p.m.

Until a couple of years ago, Florists’ Transworld Delivery Inc. and were affiliated companies. Now they’ve settled charges by the Federal Trade Commission that they engaged in misleading advertising and billing.

Maine is among 22 states that took legal action against the companies. A big part of the investigation focused on accusations that the companies used “negative option marketing” to snag customers who didn’t know what they were buying. Investigators looked at tactics, including subscriptions to Classmates that renewed automatically.

The probe also looked at the companies’ dealings with third-party marketers, including travel rewards programs, insurance plans and discount buying clubs, whose ads would “pop up” during transactions.

The states charged that Classmates and FTD shared consumers’ personal information, including credit card numbers. This practice, known as “data pass,” allowed customers to be charged for third-party offers if they did not opt out.

Congress put an end to data pass in Internet dealings by approving the Restore Online Shoppers’ Confidence Act in 2010.

In reaching the settlement, which will cost the two firms $11 million, FTD and Classmates admit no wrongdoing. FTD officials say they voluntarily stopped a third-party marketing program in early 2010.

Classmates also denied any wrongdoing. Part of the settlement statement deals with the companies’ denial: “The defendants are confident that if any of the alleged misconduct were to be litigated, the defendants would prevail on each and every claim asserted by the plaintiffs. However, to avoid the substantial burden and expense on the defendants that would result from continued investigation into these issues or litigation, the defendants have elected to resolve this matter through a consensual resolution.”

In the future, both companies say they will keep customers’ information from being passed on to third-party marketers without the consent of those customers.

Classmates also said it would work to make it easier for customers to end their subscriptions.

Both firms must be clear whether membership programs they may offer are their own or those of third parties. They also can’t use terms including “free” or “risk free” if a program will switch to a paid subscription.

Part of the settlement includes $3 million set aside by Classmates for refunds to customers who had signed up and later had problems canceling.

FTD will pay $8 million to the 22 states, including Maine, involved in the suit.

Maryland Attorney General Brian Frosh used the announcement of the settlement to caution people. “Consumers should always carefully review service agreements and other add-on offers when making a purchase to ensure there are no strings attached,” Frosh said in a statement.

Consumers are advised that, to be eligible for restitution from Classmates, they must have purchased subscription services from the company between Jan. 1, 2008, and May 26, 2015

The deadline to file claims is Aug. 24. Mainers may file through Classmates or with the Maine Attorney General by writing to 6 State House Station, Augusta, ME, 04333, or by going online at If consumers have questions, they may call the Maine attorney general’s office at 1-800-436-2131.

Businesses and consumers can expect more enforcement actions in the future. FTC Guardian is a Georgia-based company — not affiliated with the Federal Trade Commission — which has suggestions for other entities that do online marketing. You can read this company’s advice at

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, ME 04412, visit or email

Home repair scam artists grow more devious


By Russ Van Arsdale, executive director Northeast CONTACT
Posted April 19, 2015, at 9:08 a.m.

Click image for “legal guide to door-to-door criminals”

Scam artists posing as home-repair experts have been advertising in Yellow Pages and other media for years, trying to make themselves appear legitimate. Some lowlifes don’t even bother to try.

In Falmouth last October, police arrested a man they say hired a subcontractor to do estimates on home repairs. After getting those estimates, the man would visit the homeowners and collect a deposit of several hundred dollars, then they’d never see the man again. The subcontractor, who had no idea what the man was up to, answered an ad on Craigslist.

“People think if these guys advertise, they’ve got to be legitimate. That’s not necessarily true,” John Holmes, manager of the EZ Fix program at Eastern Area Agency on Aging, says.

The program offers low-cost home repairs for seniors. In the seven years he’s managed it, Holmes has seen shady operators try to take advantage of trusting people.

Holmes says many consumers don’t ask enough questions, especially of people who go door to door offering fixes that may or may not be needed.

Many of his clients live alone and may have no one they feel they can turn to for advice. In some cases, Holmes told me, “they would hire the first person off the street who said, ‘something’s wrong with your house.’”

Under Maine law, door-to-door salespeople must be licensed. Always ask to see the license of anyone who knocks on your door offering to fix something.

Be doubly careful, because some disreputable contractors may break something, then try to convince you to pay them to repair it. They also may create a repair job as a way to get into your house and possibly steal from you, as was a case in Falmouth.

Click image for sample home repair contract required if cost exceeds $3000

Other “red flags” to watch for include the following:

— Special deals, offered “today only”

— Pressure to sign a contract or begin work right away. A three-day “cooling off” period is mandated under Maine law.

— A demand of full payment up front, especially in cash. Jobs estimated at more than $3,000 must be done under contract, and no more than one-third of the total may be required as a deposit.

— A lack of personal identification, such as a permit.

— No business name on work vehicles and no indication of roots in a community.

Holmes advises people who need home repairs to ask for three references; call the people who have had work done and ask if they’re satisfied. Also, insist on seeing the contractor’s proof of insurance. Ask to see a sample contract, including clauses that deal with resolving disputes.

“Any reputable contractor is going to hand over all of this,” Holmes says, adding that all consumers should expect no less.

Sticking a magnetic sign on a vehicle doesn’t create a business; that takes a good reputation built on a solid work ethic and real results. If you notice suspicious people hawking cut-rate home “improvements,” notify your local police agency.

Maine’s Consumer Law Guide is available on the Maine Attorney General’s website, at Chapter 17 deals with your rights when building or repairing your home. Chapter 13 covers your rights when a salesperson contacts you at home.

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, ME 04412, visit or email

Attorney General Announces Consumer Settlement against “Bath Fitter”

March 26, 2015

(AUGUSTA) Attorney General Janet T. Mills announced today that the Maine Office of the Attorney General has settled a case against National Bath Systems, LLC, d/b/a Bath Fitter (“Bath Fitter”), of Portland, Maine. The complaint alleged violations of the Maine Unfair Trade Practices Act.

Attorney General Mills alleged that Bath Fitter engaged in unlicensed plumbing activities, used non-conforming construction contracts, installed plumbing before a plumbing permit issued, misrepresented employees’ license status, and engaged in plumbing installations that may violate the Maine State Internal Plumbing Code. As part of the settlement, Bath Fitter will comply with Maine law. The consumer complaint initiating this case was made through the Maine Office of Professional and Occupational Regulation.

The settlement was reached by consent judgment, which prohibits certain activities and requires a penalty of up to $750,000 with a portion of that sum suspended for the duration of the probationary period.

Upon timely request by any homeowner with a Bath Fitter plumbing installation, Bath Fitter will provide a free inspection of the installation by an independent licensed plumber to determine compliance with the plumbing code. If the plumbing does not comply with the code, permits and corrections will be made at no cost to the consumer. Consumers have until September 1, 2015 to request an inspection.

If you have a Bath Fitter installation in your home and wish a free inspection for compliance, please call Bath Fitter at 1-855-798-4646.

Attorney General Mills stated “We are pleased that this company agreed to comply with our laws, provide work by licensed plumbers when appropriate, and ensure their installations are in full compliance.”

Your phone company is not your friend when it comes to blocking telemarketers


Posted Nov. 30, 2014, at 9:15 a.m.

Primus Technologies seems to be a hit with consumers in Canada. Since 2007, the company has offered free blocking of unwanted telemarketing calls.

In a survey, two-thirds of Primus customers say they like Telemarketing Guard, as the program is called. A whopping 87 percent of those surveyed say the big drop in unwanted calls is the main reason they stay with the company.

A lot of U.S. consumers likely would be happy if companies on this side of the border offered a similar service. We have all had our fill of robocalls. Despite tougher rules on such automated calling by the Federal Trade Commission, the pre-recorded automatons still harangue us about better credit, “free” cruises and dangerous falls at home.

Indeed, robocalls lead all categories of consumer gripes. The FTC racks up 150,000-200,000 complaints every month — so many that the agency awarded prize money to computer wizards who came up with the best ways of “Zapping Rachel.” One prize winner is offering a service he calls Nomorobo. It detects when numbers are called in sequence or seconds apart and answers with a robotic voice. If the caller can answer a question, the call goes through; if not, it’s disconnected.

We might think phone carriers would jump at the chance to keep Rachel and her ilk out of our phone lines. The chilling truth is that those carriers see federal rules as standing in the way.

At a recent U.S. Senate hearing, Sen. Claire McCaskill, D-Missouri, said the technology for screening such calls is available. She urged “more pressure on the phone carriers to participate in solving this problem.”

An executive with the U.S. Telecom Association, however, testified his members are bound by law to complete all calls. He said they may not be able to employ call screening or filtering software.

A spokesman for the mobile phone industry said wireless carriers are concerned about “overreaching” and blocking legitimate calls.

The attorneys general of 38 states, including Maine, recently chimed in. They’re urging the FTC to update its Telemarketing Sales Rule in several key ways:

— Ban pre-acquired account information, meaning consumer consent is needed for any transaction.

— Clarify the “negative option” in telemarketing. The attorneys general argue a consumer’s silence or failure to take action and opt out of a certain deal does not necessarily mean a customer agrees with that deal.

— Require telemarketers to keep call records. These could help the attorneys general with enforcement actions.

— Ban or restrict several ways of paying, including money transfers.

In a news release, the attorneys general say they support the intent of the TSR but argue it needs updating to reflect current market practices and lessen the chance for harming consumers. You can read a copy of their letter here.

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, ME 04412, visit or email

Phony phone cops bullied US consumers out of millions in bogus debt


Posted Nov. 24, 2014, at 9:21 a.m.

Click image to learn more about phantom debt collectors

They make harassing phone calls, claiming that they are law enforcement agents. They threaten to revoke your driver’s license, prosecute you and lock you up. All for debts that aren’t yours.

The National Consumers League says on its website ( that thousands of consumers are being bullied into paying debts they don’t owe.

There are many variations, but all scams boil down to one harsh message: wire us money or be in big trouble.

The perpetrator of one such scam received a harsh message last week. A complaint filed by a U.S. attorney in New York charged Williams Scott and Associates of Georgia with scamming $4 million from 6,000 consumers in all 50 states. The complaint charges that over a five-year period, the company had employees pose as police officers, Justice Department officials or FBI agents.

An affidavit filed by a real FBI agent says callers claimed falsely that people owed money for payday loans or had committed fraud.

The affidavit says the scheme involved up to 87 different phone numbers, changing when the scammers realized there were too many complaints. One script seized in an FBI raid includes this exchange between a caller and a frightened woman.

“You think an eight months pregnant woman wants to go to jail?”

“I don’t care if you’re nine months pregnant. I have a job to do.”

When I called Maine’s Bureau of Consumer Credit Protection, principal examiner David Leach was helping a woman whom scammers had tried to dupe.

The scammer had claimed to be from the “Kennebec County Private Locating Service” and said there was legal action pending. When the consumer called the Kennebec County court clerk’s office, she found nothing pending and no record of the “locating service.”

“Scam collectors will do anything to collect money,” Leach told me. He said the fake phone calls “started in Maine sometime in the summer of 2014 and may have peaked somewhere in October.”

However, Leach said this is the most frequent consumer complaint his office deals with.

In some cases, people have taken out payday loans from illegal, unlicensed lenders and repaid the money. The lenders sell their names and other personal information to illegal, unlicensed collectors who then put their defrauding machinery to work.

Consumers may believe these calls are real because the scammers have some personal details about them. If you get such a call, ask for the caller’s name and address, company name and original creditor, if you do have an outstanding loan.

If the caller demands a lot more than you owe, it’s likely a scam. If you have questions about the status of a real loan, hang up and call the number on your loan paperwork.

If you get a call and are uncertain, ask the caller to send a written notice of the debt; then say you don’t want to be called again. That request must be honored, according to the Fair Debt Collection Practices Act.

You can find sample letters drafted by the Consumer Financial Protection Bureau at the “self-help/action letters” tab on our blog (

Some consumers hire an attorney. Giving callers the attorney’s name and number usually stop such calls, when scammers realize the person isn’t an easy target. Report suspicious calls to the Maine Attorney General’s Consumer Protection Division, 1-800-436-2131 or email

Advise the Federal Trade Commission at

The federal prosecutor says it’s likely that more cases will be brought in the future. He says payday lenders may be among those prosecuted.

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, ME 04412, visit or email


WABI Interview w/ Wayne Harvey

Lock the door against “work at home” scams that promise big bucks but deliver grief

Posted Nov. 02, 2014, at 10:15 a.m.

Click for FTC Consumer Information

Maybe you’ve been laid off, or maybe you just decided you would rather work from home than commute to a job.

You went to to find the perfect job you could land while staying at home. The only problem is, all that’s available is a job helping people troubleshoot problems with their handheld computing gizmos. You’ve ruled yourself out, since your technical ability stops at turning the computer on.

So now for the answer, you turn to the source of all knowledge: the Internet. Your search for “work at home jobs” returns 29.2 million possibilities. A lot of them promise weekly earnings of “hundreds or thousands of dollars.” For every website warning you of possible scams, 10 more promise “easy earnings” with “minimal” outlay of time and effort.

A federal judge last month threw the book at one of these outfits, Zaken Corp. The company and its principal officer, Tiran Zaken, were ordered to pay more than $25 million to consumers who had been promised “substantial income” by working from home. The Federal Trade Commission had opened an investigation in 2012 and found that more than 99 percent of the 110,000 consumers who invested in the “Quicksell” program got no income at all in return.

The Justice Department probe was labeled “Operation Lost Opportunity.” Investigators found that consumers had been promised that they could earn $4,000 or more in their first 30 days, or an average of $4,280 per deal. After signing up for an average fee of $148, they were typically bombarded with ads to buy more “business tools” for hundreds or thousands of dollars.

The FTC doesn’t have much of a sense of humor about such things. When companies advertise business opportunities, the agency says the ads should be clear about what markets exist and what an investor’s potential income truly is.

There are some legitimate careers that allow you to work from home. Do some serious research before investing:

— Know who you’re dealing with; find out if the offer is a job or just a way to sell overpriced supplies.

— Get all details before you pay; a real company will give you all the information you need to make an informed decision.

— Don’t believe claims of big rewards for little work (wouldn’t they do it themselves?).

— Be sure there’s a market first. There must be a real market, not a perpetuation of the scam in which you hoodwink others into investing.

— Know the refund policy.

— Talk with people who have been successful — real people, not those a scammer might refer to you.

Once you’ve responded to an offer, you’re likely to be targeted by other scammers. Several years ago, a client of Northeast CONTACT complained that her husband — whose disabilities prompted him to seek home-based work — complained that he was receiving shady-sounding offers virtually every day. Our caseworker suggested (only half kiddingly) that she keep a blowtorch with her while she checked their mailbox.

The FTC warns consumers not to believe any ad about stuffing envelopes; they’re virtually always ripoffs. Read the FTC’s advice at

The Maine attorney general’s Consumer Law Guide also offers tips on work-at-home offers online at (chapter 12, section 14).

You can also call the AG’s Consumer Mediation Service at 800-436-2131.

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, ME 04412, visit or email

My Maine Ride owner agrees to 7-year license suspension, reimburse consumers up to $30,000

Posted July 30, 2014, at 12:46 p.m.
Last modified July 30, 2014, at 8:54 p.m.

BANGOR, Maine — The used car dealer sued by the Maine attorney general’s office earlier this year for unfair and deceptive trade practices has agreed to the suspension of his license to own a used car business for seven years and to reimburse consumers up to $30,000 for repairs to cars purchased from Bumper2Bumper Inc. and My Maine Ride.

Glenn A. Geiser Jr., 48, of Brewer signed the consent agreement July 11 along with Assistant Attorney General Carolyn A. Silsby, whose office filed a lawsuit against the longtime used car dealer on Jan. 31 in Penobscot County Superior Court.

“There is separate litigation continuing against Bangor Car Care, Inc., which is owned by Geiser’s mother,” according to a statement issued by the Maine attorney general’s office.

The provisions of the agreement — a copy of which was obtained by the Bangor Daily News — allow Geiser to work for someone else who is licensed to sell used cars, as long as that individual is not a member of his household. It also prevents him from seeking payment for money owed his firms after the repossession of a vehicle and filing an adverse report on a consumer’s credit report concerning funds owed for a repossessed car or truck.

Geiser will not be ordered to pay any fines, according to the agreement. If he violates any of its provisions, he would be found in contempt of court and fined up to $10,000 per violation under Maine law.

The agreement will not go into effect until it is signed by a judge. Superior Court Justice Ann Murray is handling the case.

“I am greatly humbled by the experience,” Geiser said in statement issued by his attorney, Joseph Baldacci of Bangor. “I tried the best that I could, and though I made mistakes, we sold almost 19,000 cars and employed 40 people at any given time.

“We all worked very hard to help, and although we as well as I made mistakes, we tried very hard to provide affordable transportation,” he continued. “Despite the publicity, I have been contacted by many customers who have thanked the business for providing the services and choices to them.

“My family and I look forward to continuing to be productive, caring, positive, and helpful citizens in our community,” Geiser concluded. “We love the State of Maine, the school system our children attend, and the community we live in.”

Under the terms of the proposed consent judgment, Geiser and his used car dealerships, My Maine Ride and Bumper2Bumper Inc., will be out of business until 2021, Attorney General Janet Mills said in a statement issued Wednesday afternoon. Additionally, several consumers will be eligible for partial restitution for repair costs and may be eligible for forgiveness of loan balances on repossessed cars.

“The companies Mr. Geiser relied on to exploit consumers will not do business with him in the future,” she said. “This should stand as a warning to any business that thinks it can cut corners and abuse Maine consumers.”

The companies that provided financing for Geiser’s customers, Persian Acceptance Corp., Westlake Services, LLC, Mid-Atlantic Finance Co., Source One Financial Corp., Consumer Portfolio Services Inc., United Auto Credit Corp. and Credit Acceptance Corp., have cooperated with her office, Mills said.

“We appreciate the willingness of these companies to provide relief to consumers who are stuck with loan payments for cars that were essentially worthless,” she said.

The finance companies have agreed to stop collection actions for consumers whose vehicles were repossessed and to remove all negative information relating to these loans from consumers’ credit reports, according to Mills. In addition, all have agreed that they will not provide financing for any future business owned or operated by Geiser.

The date by which consumers must file claims that is stated in the agreement is expected to be changed from Nov. 15 to a date later in the year, Baldacci said.

In a separate court action, Geiser paid a $7,000 fine in February after pleading no contest to 28 of 83 counts of using fake inspection stickers. At that time, Geiser also owed $9,000 in unpaid fines to the Occupational Safety & Health Administration for workplace safety violations in 2012 and 2013. Information about whether Geiser has paid the OSHA fines was not available Wednesday afternoon.

The lawsuit filed by the attorney general’s office alleged that Geiser and his dealerships targeted consumers with poor credit who needed financing, pressured them to buy cars that were not roadworthy and did not respond to customer complaints, according to a previously published report.

The Consumer Protection Division of the AG’s office received 86 complaints in the previous 13 months about My Maine Ride, 159 complaints about Bumper2Bumper since 2011, and 539 complaints about Bangor Car Care since 2003, the complaint said.

The state initially sought civil penalties, which could have run as high as $10,000 for each violation; a permanent injunction to bar Geiser and any entity in which he has an ownership interest from promoting, selling and/or financing used cars; and reimbursement for the cost of the litigation, including attorney and expert witness fees.

The agreements with the finance companies are available online at, Mills said Wednesday. Consumers who purchased a vehicle from a Geiser dealership and have a loan with any of the seven finance companies can call 800-436-2131 or email to obtain information on how the settlements may affect them.

State of Maine v Glenn A. Geiser, Jr., Bangor Car Care, Bumper2Bumper, and My Maine Ride: First Amended Complaint :: Assurances of Discontinuance with Finance Companies


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