Unfair Sales Practices and Consumer Fraud Article
Directives and Ways to Avoid Financial Exploitation
Financial Exploitation
Financial exploitation can take on many different forms. It is defined in the Arizona Revised Statutes (A.R.S. § 46-451(A)(4)) as being “the illegal or improper use of an incapacitated or vulnerable adult or his resources for another’s profit or advantage.” Samples of abuse can include:
· Forgeries
· stolen cash or assets
· abuse of joint accounts
· abuse of power of attorney
Financial exploitation and trickery can arise in different ways including through e-mail, phone, or letter scams.
Signs of Financial Exploitation
Identifying financial exploitation and/or scams can be difficult. Some noticeable signs of financial exploitation include:
· Showing a difference between income and assets
· unexplained or sudden inability to pay bills
· inaccurate or lack of knowledge about one’s finances
· fear or anxiety when discussing finances
· unusual transfer of assets to others.
But, there are also less noticeable signs of financial exploitation, which can be:
· an individual’s change in appearance and grooming
· confusion
· change in mood
· change in eye contact with bank personal
· cringing or withdrawing
Since the signs of financial exploitation can be confused as the signs of many different physical, mental and/or emotional changes in a vulnerable adults life, it can be very difficult to identify.
Methods Used to Communicate Scams
It is important to pay close attention to information received and the manner in which the information is communicated. If an email, phone call, letter, prize or lottery notification has any of the following elements, it is probably a scam, seek additional help to determine whether it is actually a scam.
· If the organization has no website and cannot be located in an online search-engine or other online resource it is possibly a scam.
· Be cautious if an e-mail communication or requestor asks for bank account information, credit card numbers, driver's license numbers, passport numbers, your mother's maiden name or other personal information. Often companies do not request the personal and confidential information from their clients in this manner. Rather than responding to the e-mail, check with your local bank to ask whether the e-mail is valid.
· Be cautious if the e-mail, mail or phone caller advises that you have won a prize - but you did not enter any competition run by the prize promoters. E-mail claims indicating that you won a lottery are scams because a legal lottery never notifies it’s winners by e-mail.
Another clue that the communication received is a possible scam is when the return e-mail address is a free email account. While not always the case, most legitimate companies can afford the roughly $100 per year that it costs to acquire and maintain a domain and related company email account.
Resources for Victims of Financial Exploitation
If you or someone you know of is a victim of financial exploitation, you can contact any of the following services:
· Adult Protective Services (APS) Hotline at (877) SOS-ADULT (767-2385) TDD: (877) 815-8390. (A.R.S. §§ 46-451 et seq.).
· If you suspect that the abuse is occurring in a licensed long-term care facility, such as a nursing home, contact your local long-term care Ombudsman. To locate the Ombudsman, call (800) 872-2879. Your report will be confidential, and you can remain anonymous. (A.R.S. §§ 46-452.01, 452.02).
· You can also order the Senior Citizen’s Protection Manual, produced by the Arizona Attorney General’s Office. For a free copy of this guide, call (602) 542-2123 or (866) 358-6661 (outside Maricopa County) or visit the Attorney General's Office on-line. (Go to Publications and Seniors).
· You may also phone your local police department if you feel that you or someone you know may be a victim of financial exploitation.
Potential Obstacles When Reporting the Financial Exploitation of another person
If you report possible elder abuse against another person, try to be specific in your description. Also, try to understand the position of the person you are attempting to help. The alleged victim may refuse to admit that he or she is being taken advantage of because of embarrassment, mental capacity, or fear of retaliation. The best thing that one can do to stop scammers is to report incidences of exploitation and abuses.
Ways to Protect Oneself From Financial Exploitation
There are ways a person can be proactive and protect him or herself from financial exploitation. The following list has some examples:
· Make sure that all financial and legal affairs are in order. If they aren’t, enlist professional help to get them in order, with the assistance of a trusted friend or relative if necessary.
· Keep in touch with family and friends and avoid becoming isolated; which increases your vulnerability to elder abuse.
· If you are unhappy with the care you’re receiving, whether it’s in your own home or in a care facility, speak up.
· Tell someone you trust and ask that person to report abuse, neglect, or substandard care to your state’s elder abuse helpline or long term care ombudsman, or make the call yourself.
Can Money Resulting From Financial Exploitation Be Regained
Generally, it is extremely difficult to get one’s money back after a person has been scammed. However, federal and state laws prohibit unfair or deceptive trade acts or practices. If you think you've been cheated, immediately let the appropriate government agencies know. The more agencies you notify, the more likely someone will take notice of your complaint and act on it.
· To find the consumer protection office in your state, county or city, visit the federal consumer action website (of the Federal Citizen Information Center) at http://consumeraction.gov/ (click on "Where to File a Complaint" and "State Offices").
· Another way to get relief is to bring a lawsuit against the person in small claims court and/or file charges against the individual.
By taking the actions above we can prevent financial exploitation from becoming simply a matter of fact and protect one of our more valuable assets, the elderly members of our society.
http://www.azag.gov/seniors/FinancialExploitationoftheElderly.pdf
http://www.consumerfraudreporting.org/identify.php
http://www.azag.gov/seniors/elder_abuse.html
http://www.lawforseniors.org/articles_info.cfm?articleid=125&mc=8&sc=85
Comments:
QUESTIONS
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Is it legal for stores without a membership agreements to require customers to show receipts when leaving? What AZ law(s) cites retailer/consumer rights on the this topic? If not legal, how should customers 'decline' such a request from retailers?
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We hired a landscaper and gave $2750 deposit for work to begin on August 24th. After several canceled appointments and no shows landscaper agreed to refund deposit. We waited 10 days for refund check and received a post dated check for 30 days into the future. What is our best course of action to get back our money. The company will not return calls or emails and we are worried they will stop payment or close account before we can cash the check
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My friend purchased a car from a private seller and had a contract drawn up and signed by both parties, the car was paid off in full but the other party never released the lien, she was elderly and did not release. Now he took the car back with police and put his name on a clean title...all receipts are in order for paid in full on time..can he do that? What statute can you point us to for court case to get the car back
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We test drove a used truck for sale (private seller). We gave the man $500 deposit. The next day, we discovered we couldn't obtain the rest of the money ($2700 total selling price) but he had already cashed the $500 check and said he has no legal obligation to give any of it back. Is he right?
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I bought a home in Jan and on the MLS it said the house was 1819 sq. ft. When I contacted the city to find out about permits to do inprovements on the home I was told that the sq. ft is only 550 sq ft. I did not notices this on the deed as I was i first time home buyer and had ask that everyone involed walk me through the prosscess. Now I am told I can be fined and made to bring the additions up to code. I have sunk everything I have in this home
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A company called to offer me leads and services and I paid them with my card. They never sent any leads or services and my card is still delaying my refund. They stole $4650.00 I'm a senior citizen 73 years old and my husband is 81, he still works because we are broke. I lost my job and have health problems.What can do to get my money back? Thank you.
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I bought 2 porcelain figurines in 1/09 . They arrived broken. I agreed to accept insurance for restoration. Today is June 2. I still have not received money for figurines. Whom do I contact? The seller is from AZ. Her latest e-mail informed me she is keeping insurance money.
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what is my recourse if i suffered internet scam in az and utah?
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I took my car into a shop, they charged me for a rebuilt engine plus alot more and what I got was a new timing belt and a painted engine Ive had it checked out by a certified mechanic I want my money back ($3000) and he needs to be shut down. What are my resources in getting my $$$ back?
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Is it true that a used car dealership is required by law to disclose to a prospective buyer that a vehicle being considered for purchase has been in a prior accident if the dealer is aware that it has been?
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