Consumer Protection in Johnson County
By Otto Handwerk, Volunteer Crime Victim Advocate
Johnson County District Attorney’s Office
In writing this column, making presentations to elder groups, and talking with consumer victims over the past three years, I am asked many questions concerning various scams. When discussing Identity Theft, I am often asked about what a retailer requires from you when given a personal check to pay for a purchase. This article hopefully will answer some of your questions. The Kansas Consumer Protection Act (KCPA) states that a retailer accepting a personal check shall not note a credit card number or expiration date on the check unless that business had issued the credit card. The retailer may ask to see a major credit card, but cannot record the information. They may ask for a photo ID, such as a driver’s license, and may note the information that is on the license. Most often, the retailer wants to see a credit card, drivers license, and many times a social security number (SSN).
Your SSN is unique to you and can be used by others in posing as you. We urge people not to provide their Social Security number (SSN) unless they are applying for credit. Every credit record for you will have your SSN as your unique identifier. Therefore, retailers need your SSN to check your credit rating.
Another frequent question is regarding the person who received a $1500 check in the mail, along with a letter explaining the money will be yours by signing the check. In the fine print, the letter will inform that you have obtained a loan, will have to make monthly payments and pay interest, usually 22% or more. This practice is typically not a scam, but could pose several problems. First read the letter carefully. You may be signing up for something you do not fully understand. If you discard it and someone finds the check , signs your name, and gets the cash, it causes the loan to be in your name, forcing the lender to try and collect from you, which may affect your credit rating if you contest it. To prevent this from happening to you, shred the check and letter. Otherwise, you may become a identity theft victim.
I have also received questions about unauthorized charges on a person’s credit card. The most common problem is when your credit card is Cloned. This is when someone has your card to record a purchase, and when not in your presence, can use a small illicit device known as a “skimmer” to capture the information on the card. The skimmer is then given to a counterfeiter, who downloads the information onto a computer to make a fake or cloned card. To avoid becoming a “clone” victim one must not allow the credit or debit card to be out of their sight. You must watch it being used to obtain credit, so that a skimmer cannot clone the card. When I allow a restaurant server to take my credit card out of my sight, I realize I must rigorously check my monthly bank credit card statement and to contact my bank immediately if there is a questionable transaction. I urge everyone to keep all credit or debit invoices to check against the monthly bank statement.
Another frequent question is about buying a used car. You should carefully inspect the car for prior damage and consider having a trusted mechanic inspect the car. If the dealer has a problem with you doing this, it should raise a red flag. Warranties on a used car are optional and unless you have it in writing, there is no warranty. Some callers want to use the Kansas “Lemon” law, but this law only applies to a new vehicle (lease or purchase), not used or pre-owned. Certain criteria on a new vehicle must be met before being designated a “lemon.” Consumers may learn more about the “lemon” law by calling the Kansas Attorney General’s Consumer Protection Hotline (800) 432-2310.
Another scam is when you may have had someone pass away and then you receive a “notice” from a company saying they are attempting to collect a delinquent account belonging to the deceased. Typically, the family has no information the bill belonged to the family member that passed away. There are groups that organize these scams, who send fake collection notices to deceased persons hoping the next-of-kin will pay the bill without questioning it. Oftentimes, the return address is merely a post office box number, and is part of an elaborate mail forwarding system to disguise the identity of the sender. Be cautious of a collector that doesn’t list a name and phone number. It is very unfortunate that there are those who will attempt to take advantage of families during their time of grief. Should you receive a fraudulent collection notice, be sure to save the envelope and contents. You have the right to request a validation of the debt. If it is a scam, notify the US Postal Inspector and the Johnson County District Attorney’s Office, Consumer Protection Hotline (913) 715-3003
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