VIRGINIA CONSUMER GUIDE Virginia Attorney General Robert F McDonnell Office

VIRGINIA CONSUMER GUIDE Virginia Attorney General Robert F. McDonnell Office of the Attorney General 900 East Main Street Richmond, Virginia 23219 mail@oag.state.va.us www.vaag.com TOP 10 TIPS TO AVOID CONSUMER FRAUD • • If it sounds too good to be true, it probably is. Never give your credit card number, checking and savings account number, social security number or other personal information over the telephone or Internet unless you initiated the contact and are familiar with the company. Be suspicious of any e-mail or call asking for personal, financial information or notifying you that you have won a sweepstakes or lottery. It is very likely a scam aimed at separating you from your money or an attempt at identity theft. Check out a business or charity before doing business with them or making a contribution. Take your time - avoid high-pressure sales and offers that are good “today only.” Ask about the seller’s refund policy and return policy before you make your purchase. Get all guarantees and promises in writing and read warranties. Carefully review all contract terms before signing. Never sign a contract you don’t understand. Be sure the contract accurately describes the goods and/or services and includes precise dates for delivery, installation and completion. Ask if you can take a copy of the contract home to review. Make sure there are no blank spaces in the contract. If there are, do not sign it. Immediately report any suspicious call, letter or e-mail to your local consumer protection authorities. (Contact information begins on page 25.) Be suspicious of an Internet company or mail-order company that provides only a toll free phone number or uses only a post office box as its address. The post office box might be just a mail drop. If you have a complaint later, you may have trouble locating the company. • • • • • • • • C OMMONWEALTH of V IRGINIA Office of the Attorney General Richmond 23219 Dear Fellow Virginians: As Attorney General of Virginia, one of my duties is to serve as Consumer Counsel for the citizens of the Commonwealth. My Office works every day to fight consumer fraud and to protect Virginians from those who prey on unsuspecting victims. Through our enforcement efforts, we have successfully stopped illegal conduct and obtained redress for many victims of consumer fraud. In addition, we are working constantly to increase consumer awareness of fraudulent conduct and the protections state and federal law provide to consumers. We believe the best way to prevent consumer fraud is to educate consumers about the dangers the uninformed may face in the marketplace. To that end, we have published this Virginia Consumer Guide. This Guide provides information about the many ways consumers can be defrauded, offers assistance for consumers who find themselves involved in a potentially fraudulent transaction, presents tips for spotting consumer fraud and taking advantage of available privacy protections, and includes references to the governmental agencies that are available to address consumer complaints and a sample consumer complaint letter. The Virginia Consumer Guide was designed to help you find the best help for your consumer complaint. You also may contact this Office directly if you would like more information or if you have specific questions about resolving a particular consumer complaint. Consumer fraud will not be tolerated in the Commonwealth. Working together, we can reduce consumer fraud for all Virginians. Sincerely, Bob McDonnell Attorney General TABLE OF CONTENTS BE A SMART CONSUMER SAMPLE COMPLAINT LETTER CONSUMER TRANSACTIONS AUTOMOBILE REPAIR BUSINESS/WORK-AT-HOME OPPORTUNITIES CHARITIES COUNTERFEIT CHECKS FOREIGN LOTTERIES HOME IMPROVEMENT IDENTITY THEFT INTERNET SAFETY INVESTING YOUR MONEY LEMON LAW NIGERIAN AND SIMILAR SCAMS PAYDAY LENDERS PYRAMID PROMOTIONAL SCHEMES PRIZES AND GIFTS/SWEEPSTAKES TELEMARKETING CONTACTS FOR STATE & FEDERAL AGENCIES 1 4 4 6 7 8 10 10 11 13 14 17 18 19 19 20 21 24 25 BE A SMART CONSUMER BEFORE YOU MAKE ANY PURCHASE, ALWAYS: Check out the company and the product before buying – know where the company is located before doing business with them. Check with the Attorney General’s Office, Virginia Office of Consumer Affairs and the Better Business Bureau (contact information at end of this Guide). Be wary of high-pressure sales tactics and offers that are “good today only.” If you feel uncomfortable, hang up the phone or walk away from the sale. Look at the total price before deciding on your purchase. Take your time and compare prices and services – avoid impulse buying. Ask about the seller’s refund policy. Carefully consider exactly what you want, what options interest you, and what features will best suit your needs and wants. Compare features on different brands and do some research online or in consumer publications. Check your contract for your cancellation rights and always keep sales receipts, warranties, service contracts and instructions. When buying an appliance, look for energy guide labels. Federal law requires them on many home appliances. The more energy- efficient appliances may cost more initially, but can save operational money over the years. WARRANTIES: For most appliances, the warranty that comes with the appliance will provide ample protection. Before buying an extended service contract, determine whether it provides anything more than the original warranty, and decide whether any additional warranty coverage is cost-effective. Carefully read all terms in the warranty so you can determine exactly how much responsibility the manufacturer will assume if there is a problem. Note the time period of the warranty, the parts that are covered and whether labor costs are included. Read and follow product and service instructions. Misuse of a product may affect your warranty rights. 1 Consider if the warranty will still be in effect when the product is most likely to break down. If all parts are not covered, determine what it will cost if you have to replace a part. And remember, if labor costs are not included, you might be stuck with a large bill for even a minor repair. WHAT TO DO IF SOMETHING GOES WRONG First, contact the seller to discuss your problem and make sure you’re prepared - have copies of all relevant documents at hand and make notes beforehand so you will not leave out something important. Many companies and manufacturers print their tollfree telephone numbers on the packaging. You may also find contact information on their website. Have a reasonable attitude, explain the problem and state exactly what you want: a refund, a credit, replacement or repair. Keep a log, documenting your efforts to resolve the problem. Note the names of everyone with whom you speak, date, time of day and outcome of the conversations. Record the date the seller promised to get back to you so you can take additional action if you have not heard from them by that date. As long as someone in authority is willing to speak with you, it is not necessary to send a letter. Many complaints are resolved in this manner; however, you should put your complaint in writing if you paid by credit card. You must follow strict time limitations when requesting a chargeback from a credit card company. The procedures to follow are on the back of your credit card statement. Send a copy of your credit card company letter to the merchant. WRITING A COMPLAINT LETTER If you cannot resolve your complaint by speaking with the company, write a letter directly to the business (see sample letter on page 4). Find out to whose attention your letter should be addressed, since writing to the owner or president may only mean further delay if the business has complaint procedures in place. Your letter or e-mail should be brief and should accurately and in chronological order describe the problem and state what you want: refund, credit, replacement or repair. Identify the item, model number, date of transaction, etc. Type the letter if possible. Always provide the company with your name, address and telephone number. Send copies (never originals) of all pertinent receipts and other documents. Describe what you’ve already done to resolve the problem. 2 Keep an accurate record of your efforts to resolve the problem and keep a copy of your correspondence for your files. If the seller fails to satisfactorily resolve your complaint, contact the state or federal government agency that has jurisdiction over the business. (see listing at the end of this Guide.) If you suspect that you have been the victim of criminal activity, contact your local Commonwealth’s Attorney (listed in your local telephone directory). If you believe your problem may require the services of an attorney, the Virginia Lawyer Referral Service is available to help you find an attorney in your community who is skilled in handling your type of problem. If you are referred to an attorney, you will be entitled to an initial consultation of up to 30 minutes for a small fee. For more information, contact the Virginia Lawyer Referral Service at their Richmond number: (804) 775-0808 or by calling their statewide toll free number: (800) 552-7977. Their web site is: http://www.vsb.org/vlrs.html. In some instances, depending on your income level, the size of your family and the type of legal issue you are facing, you may qualify for legal aid. For more information, contact your local Legal Aid office (listed in your local telephone directory). 3 SAMPLE COMPLAINT LETTER [Your Name] [Your Address] [Your City, State, Zip Code] [Your Daytime and Evening Phone Numbers] [Date] [Contact Person (if available)] [Title (if available)] [Company Name] [Company Address] [Company City, State, Zip Code] Dear [Contact Person]: On [date], I [bought/leased/rented] a [product and model number] at [location]. Unfortunately, I have not been satisfied with your product because [state problem]. To resolve this problem, I would like your company to [state specific action you want taken]. Enclosed are copies of my records. I look forward to your prompt reply and a resolution to my problem. You may contact me at the address listed above, by telephone or by e-mail at [home and/or work number with area code(s) and/or e-mail address]. Thank you for your assistance and cooperation in this matter. Sincerely, [Your Signature] [Your Name] Enclosure(s) [Include copies of all related records; do not send originals] CONSUMER TRANSACTIONS The Virginia Consumer Protection Act, Va. Code Ann. §§ 59.1-196 through 59.1-207, prohibits misrepresentation, deception and fraudulent acts or practices by businesses. The law applies generally to the “advertisement, sale, lease, license or offering for sale, lease or license of goods or services to be used primarily for personal, family or household purposes.” Two state agencies have primary authority for the investigation and prosecution of violations of the Virginia Consumer Protection Act: the Virginia Office of Consumer Affairs and the Office of the Attorney General. 4 Virginia Office of Consumer Affairs The Virginia Office of Consumer Affairs (OCA) provides protection to consumers against fraudulent, deceptive and illegal practices. By investigating violations of the Virginia Consumer Protection Act and other consumer laws, the OCA strives to reduce the incidence of economic crime while assisting in the resolution of consumer complaints. And, following the philosophy that “the best protection is an informed consumer,” the OCA works to help improve the ability of consumers to make informed decisions. The OCA is comprised of three units: Regulatory Programs - handles all registrations and related surety management for health spas, charitable solicitations, credit repair facilities, extended service contract providers, membership campgrounds, travel clubs and legal services plans. Investigations - handles the investigation of suspected violations of the Virginia Consumer Protection Act and other related consumer laws. This unit works closely with the Office of the Attorney General and local Commonwealth’s Attorneys to stop illegal activities, and to pursue civil and criminal prosecutions. Counseling, Intake and Dispute Resolution - handles complaints related to the advertisement, sale, lease or license of goods and services that are intended for personal, family or home use. The OCA does not handle complaints resulting from private transactions between individuals where no business is involved, or from transactions involving products or services intended for business or commercial use (i.e., business v. business complaints). Call (804) 786-2042 or (800) 552-9963 (toll free within VA) or visit their website at www.vdacs.virginia.gov. Office of the Attorney General The Antitrust and Consumer Litigation Section of the Office of the Attorney General has the responsibility of enforcing statutes that protect Virginia consumers from fraud, deception and misrepresentation. Moreover, the Antitrust and Consumer Litigation Section enforces antitrust laws that protect businesses and consumers from behavior that defeats healthy competition. These laws are based on the concept that fair and vigorous competition ultimately results in the greatest efficiency, lowest prices and finest goods and services for all Virginians. Call (804) 7862116 or 1-800- 451-1525, or visit our website at www.vaag.com/consumer. 5 AUTOMOBILE REPAIR The Virginia Consumer Protection Act, Va. Code Ann. §§ 59.1-196 through 59.1-207, and the Automobile Repair Facilities Act, Va. Code Ann. §§ 59.1-207.1 through 59.1-207.6, prohibit deceptive practices in automobile repair. The best way to avoid automobile repair rip-offs is to be prepared. Select a reputable automobile repair facility, ask questions and know your consumer rights. If you have a problem, contact the automobile repair facility where you had the work done. Most disputes can be settled quickly. However, if the facility refuses to correct the problem or answer your questions about the bill, contact the Virginia Office of Consumer Affairs at (800) 552-9963 or (804) 786-2042, your local Better Business Bureau (in your telephone directory) and/or a private attorney. TIPS TO AVOID AUTOMOBILE REPAIR CONSUMER FRAUD • Be specific in describing what’s wrong and tell the mechanic about any previous repairs for similar trouble. Although you might not fully understand the technical terms, listen to the diagnosis carefully. Don’t be afraid to ask questions if there is something you do not understand. When choosing a repair facility or mechanic, ask for recommendations from people you trust. Look for a facility before you need one to avoid being rushed into a last-minute decision. Before you have any work done, ask how the facility prices its work. Some charge a flat rate for labor on repairs; others charge on the basis of the actual time the mechanic worked on the repair. Make them confirm any specific work and/or estimates before proceeding with repairs. If you need expensive or complicated repairs, believe the mechanic has recommended unnecessary work, have unanswered questions about recommended work, or are dissatisfied with the estimate provided, consider getting a second opinion. Find out if there will be a diagnostic charge if you decide to have the work performed elsewhere. Many automobile repair facilities charge for diagnostic time. Request a written estimate. Under Virginia law, no repair facility is permitted to charge the customer more than 10% above the written estimate without first obtaining his or her consent. Also, the repair facility must offer to return to you the old parts that were replaced (unless those parts are required to be returned to the manufacturer or distributor). If the old parts are required to be returned to the manufacturer, the consumer still has the right to inspect them. • • • • • • 6 BUSINESS/WORK-AT-HOME OPPORTUNITIES We’ve all seen Internet ads, infomercials or television ads promising “big money” business opportunities or work-at-home schemes. An infomercial may resemble a real television program and may imitate the format of genuine talk show or investigative consumer news programs. Some infomercials or ads invite you to attend a seminar where you can learn more about how to start a home-based business. More than likely, the seminar is a sales pitch. Lured by the promises of easy success, it is tempting to invest in programs, materials or services without giving them enough thought. Later you may find that the program or business opportunity was essentially worthless and that all you have are empty promises. While some work-at-home plans are legitimate, many are not. Many ads do not say you may have to work many hours without pay, or that there may be hidden costs. Countless work-athome schemes require you to spend your own money to place newspaper ads, make photocopies, or buy the envelopes, paper, stamps and other supplies or equipment you need to do the job. The companies behind the ads also may demand that you pay for instructions or materials. Typical work-at-home opportunities include envelope-stuffing and craft work. Envelope-stuffing opportunities usually advertise that, for a “small fee,” you can earn money stuffing envelopes at home. For your fee you are likely to receive a letter advising you to place the same “envelopestuffing” advertisement in newspapers or magazines, or to send the advertisement to friends and relatives. The only way you will earn money is if people respond to your work-at-home advertisement. Craft work opportunities often require you to invest hundreds of dollars in equipment or supplies. You also may be required to spend many hours producing goods for a company that has promised to buy them. 7 TIPS TO AVOID BUSINESS OPPORTUNITY CONSUMER FRAUD • • Be skeptical of “get-rich-quick” advertising claims. Ask companies for written substantiation of their claims, especially those about success rates. Be suspicious of any company that refuses to show you in writing how it computed its earnings claims. Be aware that “experts” who endorse a product often are paid by the advertiser. Be wary of purchasing a program if company representatives give you evasive answers or are not willing to answer your questions. Before you buy, decide whether the price reflects a fair market value. You may wish to consult with a lawyer, accountant or business advisor to evaluate the business. The money you spend on professional advice could save you from making a bad business decision. Be wary of promises of free money or low-interest government loans. As a general rule, these are available only in limited circumstances. Do not be pressured to purchase immediately. Good opportunities are not sold through highpressure tactics. Before you buy, ask about the company’s qualifying requirements and refund policies. Listen carefully to the sales presentation. Be sure all of the seller’s promises are in the contract or sales documents. • • • • • • • CHARITIES The Virginia Solicitation of Contributions law, Va. Code Ann. §§ 57-48 through 57-69, requires any organization soliciting in Virginia to file with the Virginia Office of Consumer Affairs (OCA). However, churches, certain political parties, political campaign committees and anyone who solicits on behalf of a registered or exempt charitable organization do not have to register with OCA. Registration does not imply endorsement of a public solicitation for contributions. Before contributing, it is always advisable to determine if the group has filed with OCA and to review financial information on the organization to determine how they intend to spend your contribution. 8 TIPS FOR AVOIDING CHARITABLE SOLICITATION FRAUD • • Avoid letting door-to-door solicitors into your home. Always ask to see identification. Also, contact the charity and verify that the solicitor is authorized to collect on their behalf. Don’t judge a charity by its name. Watch out for names that closely resemble names of other groups. Be particularly cautious of appeals that tug at your heart strings, especially pleas involving patriotism and current events. If you are unfamiliar with the charitable organization, research it first. You may contact the OCA to verify their registration. Remember that just because a “charity” has a tax identification number does not mean that it is a charitable organization or that your contribution is taxdeductible. Avoid cash donations. Also, be sure you make checks payable to the charitable organization itself and not the individual collecting a donation. For charitable solicitations that are mailed to you, read the information carefully—especially the fine print. If the solicitation is for a “charitable organization sweepstakes,” be aware that “winners” in some sweepstakes may receive only a few cents and that the charitable organization cannot require you to contribute before responding to a sweepstakes offer. Be particularly wary of guaranteed sweepstakes winnings in exchange for a donation. By law, you never have to donate something to be eligible to win. Refuse to commit yourself over the telephone. Request a copy of the organization’s annual report. Legitimate charitable organizations will gladly send you written information when requested. Financial statement information also is available from the OCA. Just because you are contacted by an organization with “police,” “sheriff” or “firefighter” in the name, the organization may not officially be connected with any public safety agency. Most police and fire departments are funded by your tax dollars. However, you may be asked to contribute to their professional associations or labor unions. While there are many legitimate organizations that provide relief to disaster victims, there also are many that collect funds for non-existent charities and pocket the money. Only give to those disaster relief funds that you know are reliable. • • • • • • • 9 COUNTERFEIT CHECKS The types of consumer scams now using counterfeit cashier’s checks or other supposedly authentic instruments are growing as fast as is the number of potential victims. Today’s sophisticated home computers and printers have the ability to produce genuine-looking cashiers’ and certified checks. Under federal law, banks must make funds available to customers from cashier’s checks and certified checks at the opening of the business day after you have deposited the check. However, just because the funds appear in your account doesn’t mean the check is good. It may take several days for the bank to discover that a check is fraudulent. Often, by the time the bank notifies the customer, he or she has sent much or all of the funds to the con artist who forged the check. Most scams begin with an offer that seems too good to be true, such as: • You list an automobile on the Internet for $5,000 and immediately receive an offer for $8,000 because the potential buyer has been “looking for that exact vehicle.” You soon receive a cashier’s check in the mail in the amount of $10,000. A story is attached explaining why they have sent such a large amount and the “buyer” instructs you to deposit the check in your bank account and wire him the $2,000. The check will prove to be bogus. The “buyer” has no interest in your vehicle and you’re out $2,000. You’re asked to help gauge the effectiveness of a money transfer service and will be paid big bucks for your trouble. You receive a certified check for $5,000 and are asked to deposit it in your bank account, and then withdraw the amount in cash. Your instructions ask you to then wire the money to an address in a foreign country to “see if the transfer works.” Again, by the time your bank discovers the check is fraudulent, the money is gone and you’re left holding the bag. • In each case, you’re promised “big money” if you will only deposit the check and send some amount to an unknown person, usually in a foreign country such as Canaca. While these offers may be tempting and appear legitimate on the surface, look for clues that the transaction may be bogus. The con artist will usually insist on immediate action and request that you keep the deal secret, even from your spouse. The best way to avoid becoming a victim of a bogus check is to arm yourself with the latest information on frauds and scams involving counterfeit instruments. FOREIGN LOTTERIES The first thing to know about foreign lotteries is that United States law prohibits the crossborder sale or purchase of lottery tickets by phone or mail. However, if you’ve ever bought a foreign lottery ticket, you will receive more solicitations for lotteries or foreign investments in your mail. Why? Because fraudulent marketers buy and sell lists of people who have already 10 fallen for scams. You may also receive solicitations that refer to secret systems to make you a winner. You should toss them first, then, ask yourself two key questions: If there were a secret system, why would a stranger want to share it with you?Why are you hearing about it for the first time through the mail?If you have a complaint about Canadian sweepstakes and lotteries, contact your local police or sheriff’s office and ask them to make a request for assistance from the appropriate Canadian law enforcement agency. If the sweepstakes or lottery offer was initiated through a telemarketing call, your complaint can be filed with PhoneBusters: Box 686 North Bay, Ontario P1B 8J8, (888) 495-8501, info@phonebusters.com, www.phonebusters.com/ english/index.html. PhoneBusters is operated by the Ontario Provincial Police. They educate the public about specific fraudulent telemarketing pitches as well as collect and disseminate evidence for outside investigations. HOME IMPROVEMENT For many Virginians, their home is their most valuable financial asset. Home improvement scams ensnare many unwary consumers, especially during tough economic times. Bogus and substandard services and products for the home are among the leading causes of consumer complaints nationwide. Seniors are especially vulnerable to this form of consumer fraud. Because they often are particular targets for high-pressure sales techniques, seniors are more likely to be conned into making unneeded and expensive repairs to their homes. Whether you are planning an addition or simply getting new storm windows, finding a competent and reliable contractor is the first step to a successful and satisfying home improvement project. How to Select a Contractor: • Ask for a written breakdown of the total price for materials and total price for labor. When comparing contractors’ labor charges, it is important to know how many workers (including subcontractors) will be on the job. Make sure all workers are bonded and/or insured. Make certain you understand exactly what the contractor will be doing and what he/she will not be doing. Do not assume anything. Ask about the quality of the materials to be used. Find out if substitutions can be made to suit your budget and long-term needs. Find out how long the job will take. Make sure that this information is included in the contract. Find out if you will be charged by the job, by the hour or day, or by cost of the materials plus a certain percentage. A contractor bases the estimate on the amount of time it usually takes to do the job. If you are paying by the job, you pay a fixed cost, no matter how long the job takes. If a contractor charges by the hour or day, you should be given an estimate of how long the work will take. You pay only for the number of hours or days it takes to complete the work. If the contractor happens to be working on a “per-day” or hourly basis, the contract should specify a cap on the total cost of the labor (e.g., “not to exceed” a predetermined amount). 11 • • • • TIPS TO AVOID HOME IMPROVEMENT CONSUMER FRAUD • Be suspicious of contractors who seek you out. Don’t believe a contractor who tells you he/ she has materials “left over from a job down the street” and he/she can pave your driveway or replace your roof for a “really low price.” Find out what work the project requires. Knowing this will help you speak knowledgeably with other contractors you are considering for the job and allow you to compare them on an equal basis. Determine what repairs or improvements you would like to have done and how much money you can spend. If you know in advance exactly what you want, need and can afford, you will be less likely to fall victim to high-pressure sales tactics. Ask for recommendations from friends and relatives who have had work done on their homes. Don’t depend solely on radio and television claims or advertisements in the newspaper or telephone book. Shop around. Get at least three estimates, especially on big jobs. Make sure you give all of the contractors who bid on the job the same specifications. Otherwise, you will not be able to compare their price quotes. For smaller, basic jobs, some contractors quote prices over the telephone. For larger, more complex jobs, the contractor needs to come to your home to determine exactly what the job involves. Ask the contractor to explain variations in price, and do not automatically choose the lowest bidder. Ask for an itemized written bid that details what will be done, the total price, including materials, any warranties and a starting and finishing date. Do not do business without a written contract. Be sure that all promises, guarantees and details are in writing. Do not pay large sums in advance. Pay by check or credit card (never in cash). A deposit of one-third of the total price is standard procedure. Never make final payment until all work is completed to your satisfaction. Remember that reliability and quality are as important as price, so ask your contractor for the names of customers in the area for whom he/she has done similar work and give them a call. Since some con artists give fake references, ask the reference as many questions as possible. Deal only with licensed home improvement contractors. Ask the contractor for her/his license number and verify that information with the Virginia Board for Contractors (804) 367-2785. Verify a contractor’s licensing and complaint history with the Board for Contractors, the Office of Consumer Affairs (OCA) and your local Better Business Bureau. • • • • • • • • • • 12 IDENTITY THEFT Identity theft occurs when a con artist falsely obtains your personal information and uses it for fraudulent purposes. Armed with only a little information about a person, a con artist can often obtain a surprising amount of additional data. Identity theft can cause financial harm and destroy a consumer’s credit reputation. You can protect yourself by limiting who has access to your personal information Advances in computer technology have made it possible for detailed personal information to be compiled and shared more easily and cheaply. It is easier for law enforcement to track down criminals, for banks to prevent fraud and for consumers to learn about new products and services, allowing them to make better-informed purchasing decisions. However, as personal information becomes more accessible, it is imperative that consumers take precautions to protect themselves against the misuse of that information. Never disclose to a stranger, especially over the telephone or Internet: • Your credit card number and/or expiration date, unless you initiate the transaction with a company you know is reputable. Otherwise, someone can use your credit card number to charge your account for unwanted purchases. Your checking account number and other numbers printed on your checks, which could be used to withdraw money from your checking account without your authorization. Your telephone calling card number, which could be used by others to charge calls to your account. Your social security number, which could be used to track down information about you from other sources or to establish a false identity. While a company can ask for it and even refuse you service if you do not provide it, it is still wise not to give your number unless it is legally required. Your driver’s license number, which could allow someone to obtain identifying information about you, including physical description. Health information, such as your insurance (including membership or medical assistance number), medical and mental health history and doctor’s name, which could be used to obtain health care and health services fraudulently. • • • • • 13 WHAT TO DO IF YOU BELIEVE YOU ARE A VICTIM OF IDENTITY THEFT First, contact your local police or sheriff’s office and file a criminal complaint. Next, you should contact the three credit bureaus to notify them that you believe you are a victim of an identity crime and to request that a fraud alert be placed on your credit report: Equifax - (888) 766-0008 Experian – (888) 397-3742 Trans Union – (800) 680-7289 Please feel free to contact the Attorney General’s Office (804) 786-2071 or your local Commonwealth’s Attorney (number listed in your telephone directory) for assistance in prosecuting Identity Theft cases. If you fall victim to identity theft while using the Internet, you should file a report with the Internet Crime Complaint Center (www.ic3.gov/complaint). This is a partnership between the FBI and the National White Collar Crime Center. Its mission is to receive, develop and refer criminal complaints regarding the rapidly expanding area of cybercrime. The Attorney General’s Office is dedicated to assisting all Virginians to avoid becoming victims of an identity crime and providing them with the necessary knowledge should they become a victim of identity theft. In that effort, we have published a booklet, “How To Avoid Identity Theft – A Guide for Victims of Identity Theft” that includes helpful advice to avoid falling victim to identity theft as well as providing victims with information on the specific steps they can take when they become a victim of identity theft. You may read and download it at www.vaag.com/ FAQs/IDTheftBook02.pdf, or you may order a copy by calling (804) 786-2071. The Identity Theft Affidavit is available to you if you are involved in a dispute regarding fraudulent debts and accounts opened by an identity thief. Rather than completing several different forms, you can use the Identity Theft Affidavit to alert businesses to the fraudulent accounts opened in your name. The company can then investigate the fraud and decide the outcome of your claim. The Identity Theft Affidavit is located at the back of the booklet, “How to Avoid Identity Theft – A Guide for Victims of Identity Theft”. The Federal Trade Commission (FTC) is also actively involved in fighting identity theft. You may find it helpful to visit the U.S. Government’s I.D. Theft web site (www.ftc.gov/bcp/edu/ microsites/idtheft) for more information. INTERNET SAFETY While the Internet has made it easier for consumers to access all kinds of information, it also has made it much easier for others to access personal information about consumers. As a result, many consumers have begun to worry about protecting their privacy. 14 You should know that: Every time you sign on to the Internet using your screen name, a record of your computer usage is created somewhere in cyberspace. Each web site that a consumer visits records information about that consumer, including the consumer’s screen name and other information about his/her computer, computer usage and Internet service provider and more. Web sites that ask you to provide even a little information can learn even more about you by tying the data to your browsing habits. If you sign a web site “guest book,” the information can be sold to other companies. Your Internet service provider can gather consumer information by keeping track of email addresses and where consumers go when they surf the Internet. Company policies on use and sale of that information vary. E-mail is an easy, fast way of communicating with family, friends and business acquaintances. But e-mail is not always private. There are many points along the electronic path your e-mail takes at which it can be intercepted, either intentionally or unintentionally. When you send e-mail or provide information about yourself online, your communications can be sent through normal means (i.e., left open for others to read) or can be encrypted (i.e., encoded so that only the intended party can readily translate the information). One of the keys to keeping your information private is making sure that it is secure. As a general rule, you should not give sensitive information about yourself (such as financial or medical information) to a web site that is not secure, or send personal information by e-mail unless it is encrypted. Internet Auction Fraud typically occurs in one of two ways: the seller receives the agreed upon funds for the item that was advertised and promised but fails to deliver the item, or the buyer fails to pay for the item once it has been received. “Phishing” occurs when an e-mail is sent from a scammer posing as a bank or some other official entity. The e-mail may request personal information, may warn you of a problem with your account, or ask you to click on a website link that will take you to a site that will ask for personal information. Don’t fall for it. Call the entity who supposedly sent the e-mail to report it and confirm that it’s fraudulent. Banks do not contact their customers by e-mail to report problems with their accounts. 15 TIPS TO AVOID INTERNET FRAUD Never give personal information (e.g., your social security number, credit card number, bank account numbers or address) to unknown companies or email contacts. Remember that you do not know who is really at the other end. If you are going to do business on the Internet, deal with companies you know. Many major companies and online service providers offer safer means of doing business (e.g., encryption of your credit card number). Only purchase merchandise from a reputable source. Obtain a phone number and physical address rather than merely a post office box. Examine the feedback about the seller. Many online auction sites offer “feedback profiles” made up of comments from other users - an official “reputation.” Be sure to understand the contractual obligations for both the seller and buyer before you bid. Consider insuring the transaction and shipment. Find out what actions the web site or company takes if a problem occurs. Tell companies with which you do business not to sell information about you. Ask your Internet access provider if the company can screen bulk, unsolicited e-mail (“spam”). Some of the major online services offer their customers the option of screening out spam that is sent to their customers. While they cannot keep them all out, they can cut down on the amount you receive. If you have doubts about the authenticity of the sender and/or the content, do not respond. Get a free e-mail account specifically for newsgroups and registering on web sites. Do not post your actual e-mail address on your website; spammers have programs that can scan web pages for an e-mail address. Consider using a free web-based account such as Hotmail, Yahoo or G-mail. Use spam mail filters. They are not always completely accurate but they can cut back on the number of junk e-mails you receive. Watch what your children are doing. Keep your family’s computer in a public place in the house, rather than in your child’s bedroom. Many companies that market to children are targeting youngsters on the Internet. Make sure your children know they should not give out personal information about themselves or other family members. Several software packages now allow you to control your children’s Internet access. Instruct your children to never give out information about themselves or your family on the Internet without your permission, and to never agree to meet anyone they meet on the Internet without your knowledge. 16 INVESTING YOUR MONEY Investing is risky business. Anyone who tells you an investment is likely to turn a profit quickly should be able to back up the claim. Demand written proof of profit projections from independent sources. Sales representatives should tell you the risk of particular investments. Be especially wary if someone tells you profits will be big enough to offset the risk of investing. In general, any potentially high-profit investment is high risk. Believe the risk disclosures that say you could lose your whole investment. TIPS TO AVOID INVESTMENT FRAUD Don’t let appearances fool you. For a few dollars, anyone can incorporate an entity. Personal computers and desktop publishing software help scam artists produce slick promotional materials. Phone service providers can put toll-free telephone numbers in homes. Fraud promoters create the illusion of authenticity and success by incorporating, renting office space and issuing partnership units or stock certificates. Scam artists may try to convince you that you will miss out on a big opportunity if you do not send them more by overnight courier or wire transfer. Once you give your money to a scam artist, it may be too late to get it back. Claiming that their “opportunity” is similar to those of “hot” entrepreneurs, scam artists often use news stories about the success of legitimate companies as bait. However, success stories of other companies in the field are irrelevant for your purposes. Get the track record of the company you are considering investing in and the background of the individuals promoting it. There are no “guarantees,” and materials have to inform you that “past performance does not guarantee the f uture results.” Legitimate companies account for investors’ money at all times. Ask for written proof of how much of your money is going to the actual purchase or development of the opportunity and how much is going to commissions, promoters’ profits and marketing costs. If most of your financial investment is slated to cover expenses and costs, there will be much less available to earn a return. Get an independent appraisal of the specific asset, business or venture you are considering. An appraisal offered by the party selling the investment opportunity can be bogus. Discuss all investment ideas or plans with an accountant or a financial advisor you know and trust. Several government agencies and business organizations register, regulate, investigate or monitor companies and individuals that offer investment opportunities. If you have questions about a company or an individual, or you wish to make a complaint, contact one or more of these offices: 17 Commodity Futures Trading Commission 1155 Twenty-First Street, N.W. Washington D.C. 20581 (202) 418-5000 www.cftc.gov/ask.htm Federal Trade Commission Consumer Response Center 600 Pennsylvania Avenue, N.W. Washington, D.C. 20580 (202) 382-4357 or (877) 382-4357 www.ftc.gov National Futures Association 200 West Madison Street Chicago, IL 60606 (312) 781-1410 or (800) 621-3570 www.nfa.futures.org Securities and Exchange Commission 450 Fifth Street, N.W. Washington, D.C. 20549 (202) 942-7040 www.sec.gov National Association of Securities Dealers 1735 K Street, N.W. Washington, D.C. 20006-1500 (202) 728-8000 or (800) 289-9999 www.nasdr.com North American Securities Administrators Association 10 G Street, N.E., Suite 710 Washington, D.C. 20002 (202) 737-0900 www.nasaa.org LEMON LAW The Motor Vehicle Warranty Enforcement Act, Va. Code Ann. §§ 59.1-207.9 through 59.1207-16:1, more commonly known as the Virginia Lemon Law, protects buyers of motor vehicles by enforcing all of the manufacturer’s warranties. All newly purchased vehicles, demonstrators or lease-purchase vehicles with which a manufacturer’s warranty was issued, and certain used vehicles to which a manufacturer’s warranty still applies, are covered by the Lemon Law. Commercial and off-road vehicles and the non-chassis portion of recreational vehicles, however, are not covered. The law applies during the period ending 18 months after the date of the original delivery of the motor vehicle to the consumer who purchased the new vehicle. A motor vehicle may be a “lemon” if it has been subject to repair three or more times for the same significant problem, one or more times for a serious safety defect or has been in the repair shop for a total of 30 or more days within 18 months of purchase and delivery of the vehicle. It is generally the owner’s responsibility to report problems or defects in writing to the manufacturer. The manufacturer must be permitted a “reasonable number” of attempts to correct the problem. If the problem cannot be fixed in a “reasonable number of repair attempts,” the manufacturer can replace the vehicle with a comparable vehicle acceptable to the consumer, or allow the consumer to obtain a refund of the full purchase price. By law, manufacturers can deduct a “reasonable allowance for the consumer’s use of the vehicle” from the refund or replacement value. If, after repairs are made to your vehicle, you still believe the vehicle does not conform to the warranty but the manufacturer or dealer has indicated it does not believe you are due a refund, you have two options if you want to seek redress under the Lemon Law: 18 (1) you may file a lawsuit, or (2) submit a complaint according to the manufacturer’s informal dispute settlement procedure. The address and telephone number for the manufacturer’s consumer appeals or arbitration center should be listed in your owner’s manual. If you elect to go to court, the Lemon Law provides for a private cause of action. If you need an attorney, the Virginia Lawyer Referral Service may be able to assist you. For more information, contact the Virginia Lawyer Referral Service at (804) 775-0808, (800) 552-7977 or www.vsb.org./vlrs.html. NIGERIAN AND SIMILAR SCAMS Many of the fraudulent letters and e-mails we all receive are often referred to as “Nigerian Scam” letters or “419” letters after the Nigerian statute that makes them illegal. In recent years American consumers have been defrauded out of $100 million annually by international con artists who send the communications primarily from Nigeria and other West African countries. This is how the typical scheme works: The e-mail or envelope arrives unexpectedly in your mailbox. It contains a confidential business proposal from a mysterious Nigerian or other foreign country government official who offers the reader a unique business opportunity to earn millions of dollars. The proposal offers a commission for assistance in transferring surplus funds of millions of dollars from Nigeria and other countries to the United States. The solicitations request the reader to provide a bank account number to complete the transaction. “Investors” who respond to the offer will be required to pay a never-ending assortment of legal fees, personal expenses and government bribes until the victim is drained of all assets. Please do not respond to these fraudulent business proposals whatsoever. If you have other questions or concerns, please do not hesitate to contact our Office by calling (804) 786-2071 and asking for our Computer Crimes Unit. There also is a very helpful web site called the Nigeria 419 Coalition that deals with the topic of Nigerian scam letters. On this site there are instructions about sending the e-mail you received to the US Secret Service Task Force. To visit, go to: http://home.rica.net/alphae/419coal/ PAYDAY LENDERS The law that allows payday lenders to transact business in Virginia became effective on July 1, 2002. Payday lenders are licensed by the State Corporation Commission (SCC). The Bureau of Financial Institutions is a regulatory division of the SCC. This division administers state laws regarding banks and savings institutions, credit unions, mortgage brokers and lenders, and other lenders, including payday lenders. 19 From the Va. Bureau of Financial Institutions Consumer Guide to Payday Lending: PAYDAY LOANS Payday loans can offer quick and easy access to money for consumers having temporary cash flow problems or are facing a financial emergency and need to borrow funds for a short length of time. Although these loans are convenient to obtain, consumers are strongly advised to carefully review the contract before they sign it to ensure that they fully understand their obligations as well as the fees charged for these short-term loans. Once a loan agreement is signed, the borrower becomes legally responsible to fulfill the obligations stated in the contract. It is also important that consumers are aware of the significant additional costs they can incur if they are unable to repay these loans when they are due. PAYDAY LOAN EXAMPLE The typical payday loan works as follows: A lender signs a contract with a borrower, agreeing to take the borrower’s personal check as collateral for a cash advance. The lender agrees to not deposit the check for a specified period of time, yet pays cash immediately to the borrower. Let’s say you want to borrow $200 until you get your next paycheck in two weeks. You write a check to a payday lender for $230 (15% of $200 = $30 lender’s fee + $200 loan amount = $230) and you get $200 cash in return. The $30 interest you pay on the loan calculates to an Annual Percentage Rate (APR) of 391%. ALTERNATIVES TO A HIGH-RATE PAYDAY LOAN • • • • Ask your employer for an advance on your paycheck Ask to borrow money from a friend or relative Find out if you have, or can get, overdraft protection on your checking account Find out if you can delay paying a non-interest bill such as a utility bill and make payment arrangements with the utility company Ask your creditors for more time to pay your bills. Find out what they will charge for this service - such as a late charge Consider a short-term loan from another financial institution, or a loan repayable over several months Consider a cash advance on a credit card. • • • PYRAMID PROMOTIONAL SCHEMES Multilevel marketing plans are a way of selling goods or services through distributors. These plans typically promise that if you sign up as a distributor, you will receive commissions—for both your sales of the plan’s goods or services and those of other persons you recruit to join as distributors. Multilevel marketing plans usually promise to pay commissions through two or more levels of recruits, known as the distributor’s “downline.” 20 A multilevel marketing plan should only pay commissions for retail sales of goods or services, not for recruiting new distributors. If a plan offers to pay commissions solely for recruiting new distributors—as opposed to offering to pay commissions for retail sales of goods or services by those new distributors—watch out. Under Virginia law, any multilevel marketing plan that “utilize[s] a pyramid or chain process by which a participant gives a valuable consideration for the opportunity to receive compensation or things of value in return for inducing other persons to become participants in the program” is illegal. Va. Code Ann. § 18.2-239. Plans that pay commissions for recruiting new distributors are illegal, and inevitably collapse when no new distributors can be recruited. TIPS TO AVOID PYRAMID PROMOTIONAL SCHEMES • • • Avoid any plan that includes commissions for recruiting additional distributors. It may be an illegal pyramid. Beware of plans that ask new distributors to purchase expensive inventory. These plans can collapse quickly. Be cautious of plans that claim you will make money through continued growth of your “downline” (the commissions on product sales made by new distributors you recruit) rather than through sales of products you make yourself. Beware of plans that claim to sell miracle products or promise enormous earnings. Just because a promoter of a plan makes a claim does not mean it is true. Ask the promoter of the plan to substantiate claims with hard evidence. Beware of “shills” (decoy references paid by a plan’s promoter to describe their fictitious success in earning money through the plan). Do not pay or sign any contracts in an “opportunity meeting” or any other high-pressure situation. Insist on taking your time to think over a decision to join. Talk it over with your family, friends, attorney, accountant or financial advisor. Do your homework! Check with the Office of Consumer Affairs and/or your local Better Business Bureau for complaint information about any plan you are considering—especially when the claims about the product or your potential earnings seem too good to be true. • • • • PRIZES AND GIFTS/SWEEPSTAKES Under the Virginia Prizes and Gifts Act, Va. Code Ann. §§ 59.1-415 through 59.1-423, if you are told that you have won a prize or gift, you do not have to submit to a sales pitch or pay any money in order to receive your prize or gift. The only aim of fraudulent sweepstakes mailings and telephone calls is to get you to order products or, in the case of fraudulent prize promotions, pay a “processing fee” or make a call to a (900) or other toll number. Too often consumers buy products they do not need or pay excessive fees to 21 sweepstakes. Some consumers even lose their life savings because they become addicted to entering sweepstakes and ordering merchandise in the mistaken belief that it will increase their chances of winning. They cannot stop because they do not want to lose what they have “invested.” They continue to receive mailings and telephone calls that suggest they are close to winning. In reality, their chances of winning a legitimate sweepstakes are very small, and there are many fraudulent sweepstakes that either do not award any prizes or award prizes that turn out to be almost worthless. Remember these important points: You must be given your prize or gift within 10 days, without any obligation. If you receive a notice that you are eligible to win a prize, Virginia law requires that you be informed of the prize’s actual retail value. Your prize notification also is required to clearly and conspicuously state the odds of winning each prize, the exact number of prizes to be awarded and what conditions must be met for you to receive the prize. Shipping charges for the gift or prize cannot exceed the cost of postage or delivery service, and the handling charges cannot exceed the lesser of the cost of handling or $5. A company offering or awarding a gift or prize may not say that a person has been specially selected unless the selection process is designed to reach a particular type of person. The mailing of promotional material which resembles a check or an invoice (unless its true purpose or value is clearly disclosed) is prohibited. Every solicitation that seeks to induce its recipient to call a pay-per call service telephone number to receive any information about a prize, gift, or item of value must disclose the total cost of the pay-per-call service immediately adjacent to the pay-per-call telephone number. Don’t let the offer of a prize determine your purchasing decisions. Many consumers are lured in by promises of a prize and then persuaded to make an impulsive purchase. The only way to get a good deal is to do some smart comparative shopping for the product you need, not the product that catches your eye because it comes with a “free gift.” Consumers who respond to these gimmicks may end up spending a lot of money only to find out there is no prize, or the “prize” is of little (or no) value. Once you pay money in an attempt to get one prize, your name becomes part of a mailing list that is sold to other prize operations that also will try to get some of your money for an illusory chance to win something of value. Keep in mind that the purpose of the “prize” is to lure you into spending money. These operations are not interested in giving you anything without getting something in return. 22 EXAMPLE OF A FRAUDULENT SWEEPSTAKES LETTER AND CHECK: XXX Sweepstakes & Lotteries ATTENTION: CLASS : XXX SWEEPSTAKES AWARD REF: 000-0000 Re: AWARD FINAL NOTICE Congratulations! XXX Sweepstakes & Lotteries is pleased to inform you that you are our First Prize Winner! Your name was drawn in the prize sweepstakes lottery program, which was held on January 1, 2007 in Reno, Nevada. Our head office is located in North America. Your name was attached to ticket 0-010-446-5598X with the reference number 123-4567. Being the First Prize Winner, you have won a total amount of $500,000 dollars. XXX Sweepstakes & Lotteries tried to contact you by telephone but was unable to reach you. The purpose of this letter is to explain how you can claim your cash prize. Enclosed is a check for $8,750. XXX Sweepstakes & Lotteries sent this check so that you may be able to pay the necessary insurance fees. An amount of 10% will be deducted from your cash prize to repay the fees. Before cashing the check, you must call to confirm that you have received the letter and the enclosed check. If we do not hear from you within two weeks of receiving this letter, your file will be closed. Congratulations again. For more information, please contact our office at: (123) 456-7890. Sincerely, John Doe Accounting Manager XXX Sweepstakes & Lotteries Main Street Anytown, ME 11111 Fax/Tel: 123-456-7890 0123 XXX Sweepstakes & Lotteries Main Street Anytown, MI 11111 XXX Bank Headquarters Office Sacramento, CA 22222 PAY TO THE ORDER OF: 01/01/2007 John Doe $ 500,000.00 DOLLARS Five Hundred Thousand and no/100-----------------00:01:234:567:89:0123 __________________________________________ Authorized Signature 23 TELEMARKETING Every day, Virginians receive telemarketing calls selling a variety of goods and services. While some consumers find such calls are a convenient way to make a purchase, other consumers do not want to receive such calls. You have the right to choose not to receive such calls from most telemarketers and the right to ask individual businesses not to call you. One of the most important developments in telephone privacy law is the National Do Not Call Registry, which is maintained by the Federal Trade Commission (FTC). The National Do Not Call Registry serves as the Do Not Call Registry for the Commonwealth of Virginia. The Virginia Telephone Privacy Protection Act (VTPPA), Va Code Ann. §§ 59.1-510 to 59.1518, prohibits telemarketers that are subject to the law (e.g., businesses offering to sell goods or services) from calling a telephone number on the National Do Not Call Registry. To comply with this law, telemarketers are required to compare their call lists to the Registry and remove registered telephone numbers at least once every 31 days. Signing up for the Do Not Call Registry is free and can be accomplished by either: Calling the FTC’s toll free number: (888) 382-1222 from the number you wish to register Filling out a form on the FTC’s Do Not Call Registry website at www.donotcall.gov. Your number will remain on the Registry for five years unless you choose to take it off or your number is disconnected. To keep your number on the Registry, you will need to re-register at least once every five years. Other protections provided by the VTPPA: It prohibits sales calls to telephone numbers when someone at that number has stated that he or she does not wish to receive solicitation calls by or on behalf of the business for which the call is being made. If you make such a request, the business is prohibited from calling you for at least 10 years. It prohibits sales calls to telephone numbers when someone at that number has stated that he or she does not wish to receive solicitation calls by or on behalf of the business for which the call is being made. If you make such a request, the business is prohibited from calling you for at least 10 years. It prohibits sales calls from being made before 8:00 a.m. and after 9:00 p.m. Telemarketers are required to identify themselves by first and last name and the name of the business on whose behalf they are calling. 24 Businesses also are required to transmit to caller ID units their telephone number and, if possible, the name of the business or telephone solicitor that is making the sales pitch. Solicitors are expressly prohibited from intentionally blocking their information from consumers’ caller ID units. If you decide that you wish to receive telemarketing calls, you still should exercise caution in making purchasing decisions over the telephone. Although most telephone sales pitches are made on behalf of legitimate organizations offering bona fide products and services, there are many unscrupulous companies involved in telemarketing fraud. Fraudulent telemarketers use phony prizes, cheap products and high-pressure sales tactics to defraud consumers. Alarmingly, seniors are much more likely to become victims of telemarketing fraud. Fraudulent telemarketers try to take advantage of seniors on the theory that they may be more trusting and polite toward strangers. Older women living alone are particularly targeted. State laws that help combat these types of fraudulent transactions include the Virginia Consumer Protection Act. CONTACTS FOR FILING COMPLAINTS (Listed in order of complaint category) Advertising Office of Consumer Affairs P.O. Box 1163 Richmond, VA 23218 (804) 786-2042 or (800) 552-9963 www.vdacs.virginia.gov/consumers/ index.shtml Attorneys, Complaints Against Virginia State Bar 707 East Main Street, Suite 1500 Richmond, VA 23219-2800 (804) 775-0570 or 1-866-548-0873 www.vsb.org/inquiry Attorneys, Referral to Virginia Lawyer Referral Service (804) 775-0808 (800) 552-7977 www.vsb.org/vlrs.html Automobile Inspection Virginia State Police 7700 Midlothian Turnpike Richmond, VA 23235 (804) 674-6774 www.vsp.state.va.us/Safety.shtm Automobile Leasing/Purchasing/ Repairs Office of Consumer Affairs P.O. Box 1163 Richmond, VA 23218 (804) 786-2042 or (800) 552-9963 www.vdacs.virginia.gov Banks, Federally-Chartered Office of the Comptroller of the Currency Customer Assistance Group 1301 McKinney Street, Suite 3450 Houston, TX 77010 (800) 613-6743 www.occ.treas.gov/customer.htm 25 Banks, State-Chartered State Corporation Commission Bureau of Financial Institutions P.O. Box 640 Richmond, VA 23218-0640 (804) 371-9657 or (800) 552-7945 www.scc.virginia.gov/division/banking Business versus Business Complaints Council of Better Business Bureaus 4200 Wilson Blvd, Suite 800 Arlington, VA 22203-1838 www.bbb.org Cable Television Rates & Service Complaints Contact your local government agency Campgrounds See Membership Campgrounds Cemeteries Department of Professional and Occupational Regulation Cemetery Board 9960 Mayland Drive, Suite 400 Richmond, VA 23233 (804) 367-8504 www.dpor.virginia.gov/dporweb/ cem_main.cfm Charitable Contributions/ Organizations/ Solicitations Office of Consumer Affairs P.O. Box 1163 Richmond, VA 23218 (804) 786-2042 or (800) 552-9963 www.vdacs.virginia.gov Collection Agencies Federal Trade Commission Consumer Response Center CRC-240 Washington, DC 20580 (877) 382-4357 www.ftc.gov Companies (Doing Business in Virginia) Office of Consumer Affairs P.O. Box 1163 Richmond, VA 23218 (804) 786-2042 or (800) 552-9963 www.vdacs.virginia.gov Contractors Department of Professional and Occupational Regulation Board for Contractors 9960 Mayland Drive, Suite 400 Richmond, VA 23233 (804) 367-8504 www.dpor.virginia.gov/dporweb/ con_main.cfm Cramming State Corporation Commission Division of Communications P.O. Box 1197 Richmond, VA 23218 (804) 371-9420 or (800) 552-7945 www.scc.virginia.gov/division/puc Federal Communications Commission Common Carrier Bureau Consumer Complaints Mail Stop 1600-A2 Washington, DC 20554 www.fcc.gov/ccb 26 Credit Cards/Credit Card Fraud/ Credit Services Office of Consumer Affairs P.O. Box 1163 Richmond, VA 23218 (804) 786-2042 or (800) 552-9963 www.vdacs.virginia.gov Credit Union, Federally-Chartered Funeral Directors and Embalmers State Board of Funeral Directors and Embalmers 6603 West Broad Street Richmond, VA 23230-1712 (804) 662-9956 www.dhp.virginia.gov/Enforcement/ complaints.htm Health Professionals National Credit Union Administration 1775 Duke Street, Suite 4206 Alexandria, VA 22314-3428 1-800-755-1030 www.ncua.gov/ConsumerInformation/ index.htm Criminal Matters Local Commonwealth’s Attorney Discrimination Human Rights Council 900 East Main Street Pocahontas Building, 4th Floor Richmond, VA 23219 (804) 225-2292 or (800) 633-5510 www.chr.virginia.gov Extended Service Contracts Office of Consumer Affairs P.O. Box 1163 Richmond, VA 23218 (804) 786-2042 or (800) 552-9963 www.vdacs.virginia.gov Franchises State Corporation Commission Division of Securities and Retail Franchising P.O. Box 1197 Richmond, VA 23218 (804) 371-9051 or (800) 552-7945 www.scc.virginia.gov/division/srf/ Department of Health Professions 6603 West Broad Street Richmond, VA 23230-1712 (804) 662-9934 www.dhp.virginia.gov/Enforcement/ complaints.htm Department of Health P.O. Box 2248 Richmond, VA 23218-2248 (800) 955-1819 www.vdh.virginia.gov/OLC/Complaint Health Spas Office of Consumer Affairs P.O. Box 1163 Richmond, VA 23218 (804) 786-2042 or (800) 552-9963 www.vdacs.virginia.gov Hearing Aids Office of Consumer Affairs P.O. Box 1163 Richmond, VA 23218 (804) 786-2042 or (800) 552-9963 www.vdacs.virginia.gov Home Equity Loans Federal Trade Commission Consumer Response Center Washington, DC 20580 (877) 382-4357 www.ftc.gov 27 Home Solicitation Sales Office of Consumer Affairs P.O. Box 1163 Richmond, VA 23218 (804) 786-2042 or (800) 552-9963 www.vdacs.virginia.gov Identity Theft Federal Trade Commission Consumer Response Center CRC-240 Washington, DC 20580 (877) 382-4357 www.ftc.gov Insurance Investments State Corporation Commission Division of Securities and Retail Franchising P.O. Box 1197 Richmond, VA 23218 (804) 371-9051 or (800) 552-7945 www.scc.virginia.gov/division/srf Landlord/Tenant Office of Consumer Affairs P.O. Box 1163 Richmond, VA 23218 (804) 786-2042 or (800) 552-9963 www.vdacs.virginia.gov Lease-Purchase Agreements State Corporation Commission Bureau of Insurance P.O. Box 1157 Richmond, VA 23218 (804) 371-9741 or (800) 552-7945 www.scc.virginia.gov/division/boi Insurance Fraud Virginia Department of State Police Insurance Fraud Program P.O. Box 27472 Richmond, VA 23261-2771 (877) 623-7283 www.stampoutfraud.com Internet Office of the Attorney General Computer Crime Unit 900 East Main Street Richmond, VA 23219 (804) 786-2071 www.vaag.com/consumer/spam/ index.html Office of Consumer Affairs P.O. Box 1163 Richmond, VA 23218 (804) 786-2042 or (800) 552-9963 www.vdacs.virginia.gov Lemon Law Office of Consumer Affairs P.O. Box 1163 Richmond, VA 23218 (804) 786-2042 or (800) 552-9963 www.vdacs.virginia.gov Magazine Subscriptions Office of Consumer Affairs P.O. Box 1163 Richmond, VA 23218 (804) 786-2042 or (800) 552-9963 www.vdacs.virginia.gov 28 Medicaid/Medicare Virginia Department for the Aging 1610 Forest Avenue, Suite 100 Richmond, VA 23229 (804) 662-9333 or (800) 552-3402 www.vda.virginia.gov Membership Campgrounds Office of Consumer Affairs P.O. Box 1163 Richmond, VA 23218 (804) 786-2042 or (800) 552-9963 www.vdacs.virginia.gov Motor Vehicle Dealers Motor Vehicle Dealer Board 2201 West Broad Street, Suite 104 Richmond, VA 23220 (804) 367-1100 or (877) 270-0203 Moving Services, Interstate Federal Highway Administration Department of Transportation 400 Seventh Street, S.W. Washington, DC 20590 (202) 366-2238 www.fhwa.dot.gov Moving Services Department of Motor Vehicles Motor Carrier Services P.O. Box 27412 Richmond, VA 23269 (866) 878-2582 www.dmv.virginia.gov/webdoc/ commercial/mcs/index.asp Multilevel Marketing Local Commonwealth’s Attorney (Listed in your local telephone directory) Obscenity, Indecency on Radio or TV Federal Communications Commission Enforcement Bureau Investigations & Hearings Division 445 Twelfth Street, S.W. Washington, DC 20554 (202) 418-7096 www.fcc.gov/ccb Odometer Tampering Virginia Department of Motor Vehicles DMV Law Enforcement Special Agents P.O. Box 27412 Richmond, VA 23269 (866) DMVLINE (368-5463) www.dmv.virginia.gov Pay-Per-Call Services Office of Consumer Affairs P.O. Box 1163 Richmond, VA 23218 (804) 786-2042 or (800) 552-9963 www.vdacs.virginia.gov Federal Trade Commission Consumer Response Center CRC-240 Washington, DC 20580 (877) 382-4357 Toll Free www.ftc.gov Federal Communications Commission Common Carrier Bureau Consumer Complaints Mail Stop 1600-A2 Washington, DC 20554 www.fcc.gov/ccb Pre-Need Burial/Perpetual Care Office of Consumer Affairs P.O. Box 1163 Richmond, VA 23218 (804) 786-2042 or (800) 552-9963 www.vdacs.virginia.gov 29 Prizes and Gifts Office of Consumer Affairs P.O. Box 1163 Richmond, VA 23218 (804) 786-2042 or (800) 552-9963 www.vdacs.virginia.gov Pyramid Schemes Local Commonwealth’s Attorney (Listed in your local telephone directory) Real Estate Agents Slamming State Corporation Commission Division of Communications P.O. Box 1197 Richmond, VA 23218 (804) 371-9420 or (800) 552-7945 www.scc.virginia.gov/division/puc Federal Communications Commission Common Carrier Bureau Washington, DC 20554 (888) 225-5322 www.fcc.gov/ccb Spam Department of Professional and Occupational Regulation Real Estate Board 9960 Mayland Drive, Suite 400 Richmond, VA 23233 (804) 367-8504 www.dpor.virginia.gov/dporweb/ reb_main.cfm Savings Associations, FederallyChartered Office of Thrift Supervision 1700 G Street, N.W. Washington, DC 20552 (202) 906-6000 or (800) 842-6929 www.ots.treas.gov Savings Institutions, State-Chartered State Corporation Commission Bureau of Financial Institutions P.O. Box 640 Richmond, VA 23218-0640 (804) 371-9657 or (800) 552-7945 www.scc.virginia.gov/division/banking Office of the Attorney General Computer Crime Unit 900 East Main Street Richmond, VA 23219 (804) 786-2071 www.vaag.com/consumer/spam/ index.html Office of Consumer Affairs P.O. Box 1163 Richmond, VA 23218 (804) 786-2042 or (800) 552-9963 www.vdacs.virginia.gov Sweepstakes Office of Consumer Affairs P.O. Box 1163 Richmond, VA 23218 (804) 786-2042 or (800) 552-9963 www.vdacs.virginia.gov Telecommunications/Telephone Services State Corporation Commission Division of Communications P.O. Box 1197 Richmond, VA 23218 (804) 371-9420 or (800) 552-7945 www.scc.virginia.gov/division/puc 30 Federal Trade Commission Consumer Response Center CRC-240 Washington, DC 20580 (877) 382-4357 Toll Free www.ftc.gov Federal Communications Commission Common Carrier Bureau Enforcement Division Washington, DC 20554 (888) 225-5322 www.fcc.gov/ccb Telemarketing/Do Not Call Office of Consumer Affairs P.O. Box 1163 Richmond, VA 23218 (804) 786-2042 or (800) 552-9963 www.vdacs.virginia.gov Federal Trade Commission Consumer Response Center CRC-240 Washington, DC 20580 (877) 382-4357 Toll Free www.ftc.gov Federal Communications Commission Common Carrier Bureau Consumer Complaints Mail Stop 1600-A2 Washington, DC 20554 www.fcc.gov/ccb Timeshares Department of Professional and Occupational Regulation Timeshare Administration 9960 Mayland Drive, Suite 400 Richmond, VA 23233 (804) 367-8504 www.dpor.virginia.gov/dporweb/ reb_main.cfm Travel Clubs Office of Consumer Affairs P.O. Box 1163 Richmond, VA 23218 (804) 786-2042 or (800) 552-9963 www.vdacs.virginia.gov Unsolicited Faxes Office of Consumer Affairs P.O. Box 1163 Richmond, VA 23218 (804) 786-2042 or (800) 552-9963 Federal Communications Commission Consumer & Governmental Affairs Bureau Consumer Complaints 445 12th Street, SW Washington, D.C. 20554 www.fcc.gov Unsolicited Goods Office of Consumer Affairs P.O. Box 1163 Richmond, VA 23218 (804) 786-2042 or (800) 552-9963 www.vdacs.virginia.gov Utilities* State Corporation Commission Division of Energy Regulation P.O. Box 1197 Richmond, VA 23218 (804) 371-9611 or (800) 552-7945 www.scc.virginia.gov/division/pue * If the utility complaint relates to a municipal utility, contact the appropriate authoritiy in your locality. 31 For more information, please contact: Office of the Attorney General Antitrust and Consumer Litigation 900 East Main Street Richmond, VA 23219 (800) 451-1525 www.vaag.com/consumer consumer@oag.state.va.us 32