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Money and Privacy

New Federal Law Mandates 90-day Eviction Notice to Tenants Affected by Residential Foreclosures

A new federal law provides a minimum 90 days' eviction notice to most tenants affected by residential foreclosures. This is 30 days more than the current California law which provides 60 days' notice.

This allows month-to-month tenants about three months to find a new place or work out a rental agreement with the new owner.

More information can be found at http://www.tenantstogether.org/article.php?id=723

Filed Under

Foreclosure consultants, foreclosure rescue, loan modifications -- are they all scams?

"Foreclosure" by Flickr user etgeek CC-BY-NCForeclosure consultants advertise they can Stop Foreclosure now! and We will save your home guaranteed! plus Free Consultation. These offers sound promising but most of them are scams where you are charged up-front fees, but they do nothing to help. They have you sign over your property to them and kick you out when it is convenient to them (they might charge you rent for awhile first), or they file bankruptcy in your name, which is one of the things you went to them to avoid.

So what can you do, how do you avoid these scammers? After all, they take out ads in the paper, have very professional-looking Websites, and claim affiliation with the government and the Making Homes Affordable initiative.

The first step is to say NO to fees. If someone wants to charge you money or have you sign legal documents that mention your property, walk away. The only organization whom you should deal with regarding your property is your lender.

You can get help for free! That's right I said FREE. You can receive free foreclosure avoidance counseling from a HUD-Approved Counseling Agency. The list of California agents is available on the HUD Website. Just type the address in your address bar or follow the link.

Second, foreclosure consultants have to start registering with the California Attorney General on July 1, 2009. You can contact the Attorney General's Office to find out if the consultant you want to work with is registered. You can also file a complaint with the Attorney General's office if you have been the victim of one of these frauds.

Third, if you have been deceived by one of these organizations there may be remedies available to you under California's Foreclosure Consultant Law. (CA Civ. Code 2945).

Most importantly though is getting the word out. Let us know if you have you interacted with any of these less-than- reputable organizations. Have you seen a Website for one one day only to have it disappear the next, and how have you handled the situation?

"Foreclosure" by Flickr user etgeek used under Creative Commons Attribution-Noncommerical 2.0 license.

Filed Under
Money & Privacy Consumer Scam -

Calling the credit card industry's bluff

If you thought credit card companies were bad before, you ain't seen nothing compared to the abuses to come as a result of the new Credit Card Reform Act. According to industry representatives, the new regime will force credit card companies to come after prime borrowers, restrict access for the young and non-prime, do away with rewards programs, and up annual fees. In short, they're going have to raise hell until lawmakers repent.

Following the passage of the new legislation, commentators of all stripes weighed in on the topic. Consumer groups and some on the left praised the law as a definitive win in the on-going struggle between ‘Wall Street and main street'. The plastic card industry and some on the right decried the measure as ‘anti-competitive' and an affront to the concept of personal responsibility.

Although the competing parties agree on little, the commotion surrounding the new legislation suggests that one point is not a matter of contention: the consumer credit industry is about to undergo dramatic changes.

Unfortunately, this, the one point of agreement, is where the real debate should occur. I'm here to tell you that this is a bluff both legislators and individuals should call.

Think about it: the changes proposed by the credit card industry are a model for self-destruction. On the one hand, they say they are going to stop issuing cards to the poor and the young (and especially the poor and young). These are the people least likely to pay off the full balance in time, and thus, the people most likely to generate profit margins.

To make up the lost revenue, credit card lenders are also proposing to squeeze the prime borrowers who, in the words of one industry watcher quoted in the New York Times, have been "making out like bandits". Unfortunately, these are the very people that don't need credit cards. Start raising rates and charging annual fees and these people will be cutting plastic faster than an environmentalist at the six-pack ring factory. Rich people will go from three cards to one, or none, faster than you can say Djibouti.

Give it six months to a year, and we'll end up with a credit card market completely oversaturated by lenders. I don't think it will even get that far, but if it does, it won't stay like that for long. Eventually, the credit card lenders are going to have to make some money, even if it's in a less usurious fashion than before. To the extent competition exists at all anymore, one card will undercut the rest, and eventually everybody will have to follow suit. How do you think things like rewards programs developed in the first place?

In the end, we'll be back to where we started, albeit with slightly less sneaky tactics. So I guess the whole point of this blog was to say that all the fuss over the Credit Card Reform Act was about nothing. (Ironic? Yes.)

Filed Under

There's only one, UCAN, the Utility Consumers' Action Network, so search the Web carefully

A gentleman who lives in Florida sent us an e-mail about a Web site he visited that is for an organization that has a name similar to ours. He wanted to know if it was ours.

What makes this interesting is that the Web site he is inquiring about for UCan Services has earned itself an F RATING from the Better Business Bureau (BBB).

Here's the BBB's explanation for its F rating:

"We strongly question the company’s reliability for reasons such as that they have failed to respond to complaints, their advertising is grossly misleading, they are not in compliance with the law’s licensing or registration requirements, their complaints contain especially serious allegations, or the company’s industry is known for its fraudulent business practices.

As described on the BBB's Web site:  This company's business is offering a work at home opportunity collecting monies from local payphones and depositing them into a bank account, for an advance fee of $289.00. 

So the lesson here is be careful when doing an Internet search as there are Web sites with similar names. It's like when you used to look up a name in the telephone book. Let's say you have a toothache and want to contact, a dentist. You would open the phone book to look for Dr. John Jones but there might be several listings--one for a dentist one for a doctor and one for a veterinarian by that name. You need to be careful which one you call to get the proper treatment.

If you are reading this post, you have already successfully reached the correct Web site for the Utility Consumers' Action Network (UCAN). Come visit us often at www.ucan.org as we are always updating the consumer information on our site and reporting the latest on issues such as Sunrise PowerLink, telephone scams, water and gasoline issues. 


 

Filed Under
Money & Privacy Consumer Scam -

Credit Card Legislation 2009: Consumer's friend or enemy?

On Friday May 22, 2009 President Obama approved new credit card legislation which makes it tougher for credit card companies to raise fees and interest rates on consumers. The legislation seeks to address what many Democrats and consumer groups believe are abusive practices by credit card companies. "With this bill we are putting in place some common sense reforms designed to protect consumers," Obama said at a signing ceremony at the White House. "We're not going to be giving people a free pass and we expect consumers to live within their means and pay what they owe. But we also expect financial institutions to act with the same sense of responsibility that the American people aspire to in their own lives," he said. While many are calling the legislation a victory for the average consumer, others are worried that the new provisions will punish consumers with good credit who pay their bills on time. Banks and credit issuers argue the law will inevitably force them to drop at risk holders and raise interest rates overall.

Here are some of the key provisions of the bill provided by the Associated Press:

•Bans double-cycle billing, which is a method of calculating finance charges that takes into account the previous month's balance in addition to your current credit card balance.

•Prohibits retroactive rate increases unless the cardholder is at least 60 days behind in paying the bill. If a person does fall behind and the rate on past buys is increased, lenders must restore the lower rate after six months if the cardholder has paid monthly bills on time.

•Requires lenders to post their credit card agreements on the Internet.

•Requires that customers receive 45 days notice before rates are increased.

•Requires anyone under 21 to prove that they can repay the money before being given a card, or have a parent or guardian promise to pay off their debt if they default.

•Prohibits over-the-limit fees unless a cardholder elects to be allowed to go over a limit.

•Requires lenders to say how much time it would take and how much money in interest would be paid if only the minimum monthly payments are made.

•Requires that gift cards remain valid for five years.

*Additionally, an unrelated amendment allowing visitors to carry licensed guns in national parks and wildlife refugees was also included and approved. The provision permits guns if allowed under state law. There is essentially no relationship between the gun amendment and the credit card legislation.

Some of these provisions were already put in place by the Federal Reserve last December, but they weren't scheduled to kick in until July 2010. Instead, the 45-day notice will now go into effect in mid-August of this year, with the rest of the changes being implemented next February.

John Mattes of San Diego 6 recently interviewed UCAN attorney Art Neill regarding new Credit Card Legislation.

 

Filed Under

MAKE IT STOP!!! When Phishing Becomes Vishing and The Phone Is No Longer Your Friend

I've received those stupid "Last Chance! Your Car Warranty Has Expired" mailings. And I've received the Car Warranty Renewal telemarketing calls. I once asked them why they were calling me since I was on the National Do No Call list and they said: "Well, you pressed 2 when we called so you must have wanted our call"! I've reported them, each time, to Do Not Call and have listed them on one of the many telemarketer-number posting sites like  whocallsme.com and 800notes.com. Finally, it looks like justice is happening.

According to  the San Francisco Chronicle. one or more of these firms has been busted by the Federal Trade Commission (FTC).  Here's another look at the consumer aspect by (fellow Syracuse University alumnus) Herb Weisbaum at MSNBC.

Phaking Phone Numbers
This ability to "spoof" the Caller ID text (just like spammers "spoof" the FROM: text in their emails), as displayed on your phone and mine, is not something new to Voice Over IP calling. Caller ID text editing has been a feature for digital business trunk line (known in-the-biz as PRI lines) users for some time and this ability is useful because a business using one of these trunks might have several sub-entities each requiring its own CallerID text; some phone systems can even display the private DID number for each employee when that employee makes a call. And very strong laws need to be made to punish abuse of this capability.

The reason that The Nefarious prefer VoIP accounts is that the editing is easier to do and, like a Hotmail email account, these accounts are much cheaper, more
disposable, and harder to trace. Folks like you and me, with landlines
and cellphones, cannot edit what shows up when we call someone - we can
tell the phone company how we want it to appear and, if they think it's
legit, they will comply. They also now have a RECORD OF IT.

One argument for allowing the unsupervised editing of CallerID text, as mentioned in the SF Chronicle article, is for people who NEED to obfuscate their numbers. The example provided (by a company who provides software to allow this!) is a doctor who calls patients from her cell phone but doesn't want the patient to know the cell phone number. My surgeon had no problem giving me his cell phone number, so I guess it's an individual issue, but it can be handled easily by a smart entrepreneur who offers a service allowing doctors (e.g.) to call in, then dial out again - the CallerID will be that of the service. The doctor's own office can easily install a modern phone system allowing him to call in and then back out again; his office CallerID will be displayed - which is ideal - and not his cell phone number. Seems to me that the outbound phone can have CallerID blocking turned on. CallerID can be blocked per-call or globally on your landline (see this article by the Privacy Rights Clearinghouse), As for cell phones, the PRC says (see item 12 in the article) that, in most cases, you cannot block your CallerID. I called Verizon Wireless today and they said they CAN do this so it's possible for a doctor (e.g.) to get a cell phone that shows RESTRICTED on the called party's display.

The Bottom Line
is to not do business with telemarketers, to not assume that a caller ID is who/what it says it is (unless it's somone you already know - it's highly unlikely that a telesleaze firm will randomly happen to pick your mother's phone number to display), and to generally look at any phone call from someone you don't know with skepticism until you're SURE they're legit. And, as Herb Weisbaum says, if the seller pushes you to "buy now because the offer expires today!" and/or won't send you a proposal/contract/prospectus first, hang up on them. And no matter how legit they are, if they called you and you were registed with DoNotCall.gov (and they aren't an excepted non-profit, political, or polling organization), they broke the law. Log the call at DoNotCall.

Keywords: caller ID, telemarketing, callerID, Voice Over IP, VoIP, vishing, phishing, CallerID faking, Caller ID editing, spoofing, callerID spoofing, caller ID spoofing, PRI

Filed Under
Communications: Communications Technology - VoIP -
Money & Privacy Consumer Scam -

Clever scams target seniors' stimulus payments

 Federal stimulus checks in the amount of $250 are on the way to senior citizens and others who receive Social Security and other federal benefits, but to no one's surprise, the scam artists are slithering out from under their rocks with schemes to grab the cash -- and worse.

The one-time payments, authorized by Congress, will be delivered the same way those who receive benefits normally get their checks -- by regular mail or Direct Deposit.

Con artists have devised a number of ways to extract the money from seniors -- some with even more ominous motives than just stealing the money.

They're sending mail stating that bank account information is needed in order for the person to receive their check.  NOT TRUE!

They're working the phones telling seniors they need to give out sensitive information like bank account numbers and Social Security numbers in order to get their payments. NOT TRUE!

They're sending e-mails with links for people to find out if they qualify. NOT NECESSARY!

The facts are that people who are eligible for the payments, do not have to do anything to receive them. No one should be contacting them about the payments.

UCAN advises everyone -- NEVER give out sensitive personal or financial information unless first checking on the source that is asking for it.

If you think you are eligible for this one-time payment, and haven't received it by June 4, contact Social Security at 1-800-772-1213.

If you get something suspicious in the mail, online or receive a suspect phone call, get in touch with Social Security's fraud hotline at 1-800-269-0271 or go online to www.socialsecurity.gov/oig/hotline/. 

These payments were designed to give seniors -- not crooks -- a boost during these tough economic times.

Filed Under

Clever scams target seniors' stimulus payments

 Federal stimulus checks in the amount of $250 are on the way to senior citizens and others who receive Social Security and other federal benefits, but to no one's surprise, the scam artists are slithering out from under their rocks with schemes to grab the cash -- and worse.

The one-time payments, authorized by Congress, will be delivered the same way those who receive benefits normally get their checks -- by regular mail or Direct Deposit.

Con artists have devised a number of ways to extract the money from seniors -- some with even more ominous motives than just stealing the money.

They're sending mail stating that bank account information is needed in order for the person to receive their check.  NOT TRUE!

They're working the phones telling seniors they need to give out sensitive information like bank account numbers and Social Security numbers in order to get their payments. NOT TRUE!

They're sending e-mails with links for people to find out if they qualify. NOT NECESSARY!

The facts are that people who are eligible for the payments, do not have to do anything to receive them. No one should be contacting them about the payments.

UCAN advises everyone -- NEVER give out sensitive personal or financial information unless first checking on the source that is asking for it.

If you think you are eligible for this one-time payment, and haven't received it by June 4, contact Social Security at 1-800-772-1213.

If you get something suspicious in the mail, online or receive a suspect phone call, get in touch with Social Security's fraud hotline at 1-800-269-0271 or go online to www.socialsecurity.gov/oig/hotline/. 

These payments were designed to give seniors -- not crooks -- a boost during these tough economic times.

Filed Under

Tax Reassessment Letter Scam Instructions



UCAN has some information to pass on to you about how to complain about the property tax reassessment letters many residents have been receiving recently.  If your letter came from a PO Box in Los Angeles, the L. A. Department of Consumer Affairs provided us with the letter they are sending to all applicable consumers.  This letter provides you with specific information, instrucitons and a contact phone number.  By filing complaints with our city and state agencies, we provide the documentation they need to investigate and prosecute, as needed:

 

Dear Homeowner:

 

PROPERTY TAX REASSESSMENT SERVICES

Thank you for contacting us about the solicitation you received from a property tax reassessment service. With the recent decline in property values, many companies are sending these kinds of solicitations to take advantage of unsuspecting consumers.

 

Be aware that you do not need to pay a company for these services. The Los Angeles County Assessor's office has reviewed over a half-million Los Angeles County properties bought between July 2003 and June 2008 to determine if they need to reduce the assessed value due to falling home prices. This was done free of charge.

 

The Assessor's office will send letters by the end of June to all 500,000 owners whose homes were reviewed to notify them of the results. If the home qualified for a reduction, the Assessor will reduce the value of the home and notify you by mail. Check the Assessor's website at assessor.lacounty.gov to see if your home was part of the review.

 

If your home was not part of the review, you can submit a Decline-In-Value Reassessment application to the Assessor's office free of charge. Contact the Assessor at (888) 807-2111 or assessor.lacounty.gov for the application and more information.

 

California law requires that mailings like the one you received must clearly state they are NOT from a government agency. These letters often look official and are written with deadline warnings that consumers mistake for a real government form. The Los Angeles County Department of Consumer Affairs is investigating these solicitations and will take appropriate action.

 

If you have already paid these fraudulent companies, call the Department of Consumer Affairs' Real Estate Fraud Program at (800) 973-3370 to file a complaint.

 

Thank you for bringing this matter to our attention.

 

Sincerely,

 

Filed Under
Money & Privacy Consumer Scam -

The law says you have to PAY to keep your phone number private.

Under current California law, if you don't pay AT&T a hefty monthly fee to keep your phone number private, they will publish your phone number and either make it available, or sell it to every telemarketer and con artists who is willing to pay for it. UCAN and the Privacy Rights Clearinghouse are fighting the practice. On April 22, the groups co-authored a Letter of Support for SB437, which will prevent the practice.

Background:

In May 2007, AT&T started charging a $1.25 a month "protection" fee to keep your phone number unlisted -- an increase of 346% over the original monthly fee of 28 cents.

AT&T claims this covers the costs associated with not printing your number in the phone book, not making your number available to online searchers, and for not selling your phone number to telemarketers. AT&T has been able to get away with this because of slacker regulators at the California Public Utilities Commission who have a history of ignoring abuses by AT&T.

It sounds a little like an old-school protection racket doesn't it?  How much would you pay AT&T to not do other things?  What happens if they start charging you monthly fees for NOT burning down your house or NOT stealing your credit numbers? 

SB437 will forbid AT&T from charging you "protection" money to keep your private information private.  Article 1 of the California Constitution guarantees a right to privacy. Unfortunately, Governor Schwarzenegger failed to honor his oath of office to defend your constitutional right to privacy when he vetoed SB437 after it passed in the Assembly and Senate. 

UCAN supports SB437

In April, the Privacy Rights Clearinghouse (a project of UCAN), and UCAN wrote the Senate Energy, Utilities & Communications Committee with a letter of support for Sb 437. Let's hope the Governor doesn't veto it again.  But don't hold your breath ... AT&T has been a very generous donor to Mr. Schwarzenegger.

Our suggestion? Why not send AT&T a bill for not using their phone service. 

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SB437-Pavley-UnlistedNumber-NoChg-090422[1].pdf91.82 KB
Filed Under
Communications: Landline -
Money & Privacy Financial Privacy & ID Theft -


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