Archive for the ‘Department of Professional and Financial Regulation’ Category

Hitting a deer may affect car insurance payments


Posted Oct. 12, 2015, at 6:39 a.m.

Click image for current Maine DOT deer and moose crash info

“Got your deer yet?”

Hunters who have had success in the annual hunt welcome that question. For people who have hit a deer with their vehicles, the result can be expensive and injuries severe.

Car-deer collisions are all too common. In Maine, such accidents happen hundreds, even thousands of times each year.

Hitting a deer or other animal can result in major vehicle damage. Your insurance may pay for all or part of the repairs, depending on your coverage. Maine requires all drivers to have liability insurance; if you’re in an accident with someone, liability covers the damage to that person’s vehicle. Insuring your vehicle against damage can be a bit trickier.

There are two basic types of such insurance: collision and comprehensive. Collision insurance pays for damage to your car as a result of a collision with an object, such as another car or a tree. This is relatively expensive coverage, and it’s not required by law. Comprehensive coverage pays for damage to your vehicle from most other causes: fire, severe weather, including floods, and theft.

Allstate Insurance Co.’s website,, offers succinct guidance on the differences between collision and comprehensive insurance coverage. The site notes that some states let you choose whether you want a damage claim paid under collision or comprehensive coverage. It goes on to say that, “since this is not at ‘fault’ type of loss, your insurer is likely to process this through your comprehensive insurance coverage.”

The follow-up question is, what happens to your rates after you file a claim? Because the insurer does not consider a motorist “at fault,” it’s unlikely your rates will go up. We would, however, never say “never.”

We posed the question to Doug Dunbar, spokesman for Maine’s Department of Professional and Financial Responsibility, which includes the Bureau of Insurance.

“Some companies will increase the premium at renewal when an accident with an animal has occurred. Some companies won’t increase the premium,” he said. In Maine, one size does not fit all.

The Allstate website offers another key piece of information. To claim a loss under comprehensive coverage, “there must be physical contact with the deer — otherwise it will likely be processed as a collision loss.”

Car-deer accidents increase in autumn. To reduce your chances of hitting a deer, stay alert. Remember that deer often move together; if you see one, another is likely nearby. Use your high beams at night for better visibility, especially along roadsides where deer graze.

If a collision seems unavoidable, don’t swerve; tugging the wheel could head you into oncoming traffic or cause a rollover crash. A slight steer into the hind quarters could lessen chances the animal will crash through the windshield.

Learn more about staying safe around wildlife at the Maine Department of Transportation website,


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

Children’s Leukemia Foundation folds amid fraud claims


Posted Aug. 02, 2015, at 2:24 p.m.

In August 2009, Neal Rubin wrote a scathing piece for The Detroit News about the National Children’s Leukemia Foundation, or NCLF.

It wasn’t the first time the writer took on the organization based in Brooklyn, New York. It raised money for years nationwide as a “charity,” though Rubin’s research turned up little in the way of charitable activity.

It did turn up complaints by the president of the Children’s Leukemia Foundation of Michigan, William Seklar. His group has been spending at least 80 percent of the money it raises on getting information, financial aid and emotional support to families facing life-threatening blood disorders.

NCLF consistently has done much less, according to Rubin and more recently to investigators with the attorney general for New York state. Last month, New York’s attorney general filed a petition in State Supreme Court in Brooklyn to shut down the group and recover money the AG’s office said had been raised through fraud.

The petition cited what it called exorbitant fees for telemarketing and direct mail campaigns, more than 80 percent of the $9.7 million NCLF raked in from mid-2009 to mid-2013. Those court documents found a total of $57,451 in “direct cash assistance to leukemia patients” over the four-year period.

The petition said the foundation really was a one-man operation run by Zvi Shor, who started NCLF in 1991 after he lost a child to leukemia. Court papers showed Shor paid himself $595,000 in salary and $600,000 in deferred compensation from 2009 to 2013, plus a promised lifetime pension of more than $100,000 per year.

The foundation’s phone number is disconnected and its website has disappeared. Shor’s attorney, Douglas Gross, told the New York Times he thinks the AG’s claims are baseless.

“Mr. Shor began this charity and ran it with the best of intentions,” Gross said.

While the New York attorney general’s office includes a charities bureau, the state does not have a law that makes charities fraud a crime. Criminal prosecutions there usually involve tax fraud, embezzlement or larceny.

Records on file with Maine’s Department of Professional and Financial Responsibility show NCLF was registered as a charity and thereby able to solicit funds in Maine in 2004. The records indicate the organization did not renew its license after that.

It’s important to remember that charitable giving works best when your donations do the good work you intended to have done. Giving to “sound-alike” charities may benefit the organizers and professional fundraisers most.

Keep in mind that very few legitimate charities “cold call” people. The good ones are happy to mail you information about their services and to explain what percentage of money raised goes to programs. The good ones won’t pressure you for a credit card number now; they’ll gladly take your check when you are ready.

Guidestar, Charity Navigator and the Better Business Bureau’s Wise Giving Alliance, are probably the most often used resources to check out charities. The Tampa Bay Times published results of a lengthy investigation of bad charities, which can be found at

The Center for Investigative Reporting published similar findings at

Check charities licensed to solicit funds in Maine at and see “licensee search and status” under Consumer Tools. Consider supporting charities that operate close to your home. There’s nothing like a personal visit to see how things run and to have your questions answered.

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

State Electricians’ Board Issues Warning about Former Master Electrician and Offers Free Inspections

Press Release
April 8, 2015
Professional and Financial Regulation

The Electricians’ Examining Board within the Maine Department of Professional and Financial Regulation announced that it has found former master electrician Craig Shores of Waterville in violation of statutes prohibiting unlicensed practice. He was also found to have committed permit violations and National Electric Code violations. Mr. Shores is required to pay $8,250 in penalties in the Decision and Order finalized March 20, 2015. Additionally, from a 2009 disciplinary order, he is required to pay a $6,500 penalty and $1,405 in hearing costs.

As outlined in the attached March 20, 2015 Decision and Order, the Board found that Mr. Shores, with a previously expired and suspended license, has continued to engage in dangerous wiring practices that present a threat to public safety and property. After notice and in Mr. Shore’s absence, the Board suspended his right to renew his expired master electrician license indefinitely.

The Board is concerned about potential ongoing, dangerous electrical installations being performed by Mr. Shores and encourages anyone who has had a recent electrical installation performed by Mr. Shores to contact the Board by calling (207) 624-8519. The Board is offering an inspection by a State of Maine Electrical Inspector to any home or business owner who has utilized the services of Mr. Shores.


State Says Consumer Laws Protect Against Risks Posed by Anthem Data Breach

Contact: Doug Dunbar, 207-624-8525

GARDINER — Governor Paul LePage joined officials at Maine’s Department of Professional and Financial Regulation to reassure consumers that state and federal laws will help protect them from losses due to file breaches containing personal identifying information, such as the one disclosed this week by Anthem.

The Anthem breach exposed the personal identifying information of an estimated 80 million current and former members nationally.  According to the company, information accessed included names, dates of birth, medical IDs, Social Security numbers, employment information including income data, street addresses and e-mail addresses.

“Although it’s unknown whether Maine consumers will be impacted by the Anthem data breach, I encourage people to closely monitor medical and financial records for evidence of identity theft,” Governor LePage said. “State and federal laws protect consumers from the effects of identity theft. The staff at Maine’s Department of Professional and Financial Regulation is available to provide specific information.”

The Department’s Bureau of Insurance has been in communication with Anthem’s South Portland office.  Anthem will directly contact affected individuals by mail and offer free credit monitoring and identity theft protection.  The services are expected to be available in two weeks, for a period of one year, and will be retroactive to January 27, 2015.

Anthem established a dedicated website ( and toll-free number (877-263-7995) to answer current and former members’ questions about the breach.

The Department’s Bureau of Consumer Credit Protection and Bureau of Financial Institutions provided the following information and suggestions:

— State law requires notification to affected consumers.  Those consumers should receive a letter from Anthem within two weeks.

— The letter will offer free credit monitoring services for a year, with instructions on how to activate those services.

— Consumers can also check their own credit reports without charge once each year at the website  If consumers notice any evidence that their identity has been stolen, they can obtain additional reports at no charge.

— Consumers can place a fraud alert on their credit reports, or for a small fee they can “freeze” access to their reports, blocking the opening of any new accounts.  If a consumer experiences identity theft, the credit reporting agencies must freeze and unfreeze their accounts at no charge.

— Consumers are not responsible for paying charges incurred by an identity thief.  Likewise, consumers are not responsible for charges or debits made by someone else on their credit or debit card.  Upon first noticing evidence of unauthorized charges or withdrawals, consumers should immediately call, then write, the financial institution that issued their card.

— State officials recommend that if a consumer discovers evidence of identity theft, the consumer should file a police report with their local law enforcement agency, and retain a copy of the report.  Maine law (10 MRS sec. 1350-B) requires that a law enforcement agency near a consumer’s home or work place must accept information about a crime of identity theft, and produce a report.  The report is helpful if a consumer must later demonstrate that proper steps have been taken to establish the crime.

— Consumers should be vigilant in order to notice any evidence of identity theft or unauthorized charges.  This includes careful reviews of online or paper credit card and bank statements, unexplained statements of accounts not opened by the consumer, and collection calls or letters on debts not owed by the consumer.

Individuals with questions or concerns regarding consumer financial protection issues can call the Bureau of Consumer Credit Protection at 1-800-332-8529 or the Bureau of Financial Institutions at 1-800-965-5235.  Those with questions or concerns about health insurance matters can call the Bureau of Insurance at 1-800-300-5000.


Who keeps track of whether financial advisers give good advice?


By Russ Van Arsdale, executive director Northeast CONTACT
Posted Jan. 25, 2015, at 12:18 p.m.

We’ve all heard stories about people who lose money through bad investments.

Some put money into schemes advanced by friends or family members. Other people might get “tips” from a variety of sources that promise their advice will lead to a “sure thing.” Still others might overhear investment advice from a professional but misunderstand and invest unwisely.

Smart investing is critical when planning for retirement; that’s why many people turn to professionals for investment advice. However, not all advisers are created equal, just as not all investments are right for everyone who has money to invest.

Stockbrokers and some financial advisers are held to a “suitability” standard. They recommend investment products considered “suitable” for a given client. Another standard is termed “fiduciary,” meaning the adviser must act in what’s believed to be the client’s best financial interest.

A range of investment products might meet the suitability standard, with some returning more in fees to the adviser than others. It’s in the adviser’s interest to recommend a product that will earn the pro a higher fee; even if it’s not the best fit for the client, it’s still “suitable.”

Maine’s Department of Professional and Financial Regulation cautions investors that “brokers may recommend investments that appear suitable but may not be optimal for investors’ objectives.” The PFR website goes on to say, “Because of the manner in which they are compensated, it is possible for brokers to have incentives to sell financial products that may not entirely align with clients’ goals.”

With that bit of background, we come to a proposal by the U.S. Department of Labor to update rules governing financial advising. Current rules were written during the Ford administration. Since then, total investments in IRAs, 401(k) plans and other defined distribution plans have swelled and will reach $7.3 trillion by 2016. That’s an estimate by the Securities Industries and Financial Markets Association, or SIMFA, a trade group representing securities firms, banks and asset managers.

The Labor Department has for several years proposed changing the definition of fiduciary regulation; the department said recently it will withdraw its current proposal and issue a new one shortly. A coalition of consumer and labor groups is calling for rules requiring all financial advisers to put clients’ interests first when giving retirement advice. On its website, the coalition charges that the financial advising industry “wants to continue slicing off large pieces of that pie by selling retirement investments with hefty costs, poor returns, and high risks.”

SIMFA calls the last proposed rule “overbroad” and said it would “limit investment choices and drive up costs for the individuals it is intended to protect.”

SIMFA says 149 U.S. representatives and 34 senators have written to the Department of Labor and the Office of Management and Budget in opposition to the proposed regulation and the expected new proposal.

Meanwhile, the Financial Planning Association, Certified Financial Planner Board of Standard Inc. and National Association of Personal Financial Advisers are calling for certification of financial planners who operate “with fiduciary accountability and transparency.”

This coalition argues that the “title ‘financial planner’ should be recognized as distinct from sales persons – and held to corresponding competence and ethical standards similar to those required of a CPA, doctor or lawyer.”

When choosing a financial planner, ask “How will you be compensated? What are your qualifications? What is your general philosophy on investing? What kind of client turnover have you had in recent years?”

When asking for advice on investing your money, you want to feel comfortable with answers to those and related questions.

The state of Maine licenses broker-dealers and prosecutes violations of securities laws. Learn more 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


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


Get every new post delivered to your Inbox.

Join 84 other followers

%d bloggers like this: