Buying and Selling on Online Listing Sites

Most Vermonters love a good deal.  So, we know how appealing it can be to search for discounted products through online listing sites.  And, when the deal of the century is finally located, we know how easy it is to want to act quickly, rather than question if the deal is too good to be true. But sometimes the most important thing you can do is stop and verify an online offer before you pay.

At CAP, we typically hear about the times people get scammed online, rather than the times they found a great deal.  Vermonters report scams to our office so we can assist them if there is a way to recoup their money and so that other consumers are made aware that there are scammers lurking online, looking to take your money without earning it.  A couple of weeks ago, we heard from a gentleman hoping to close a deal on purchasing an excavator.  He fulfilled his end of the deal by wiring more than $16,000.  After receiving the funds, the scammer went dark.  This Vermonter was lured into the scam through a blatant lie; from a Craigslist post, he was connected to a realistic-looking eBay site to fulfill his order.  The site however, was not eBay.  The money that was wired was gone within a few moments.

Last year (2016) 122 Vermont consumers reported online listing scams to our office. And, fourteen people reported monetary loss due to wire transferring funds in response to an online listing. The year before (2015) nineteen people reported loss by wire transfer.

Listing scams take on many forms.  Sometimes the scammer responds to a seller post, overpays with a check, and asks for the remainder to be wired back.  Sometimes the post is for a fictitious rental property and the scammer is looking for the deposit and first month’s rent to be sent.  Sometimes the item being sold is a used car, riding lawnmower, or construction equipment.

Scams even happen when you are looking for that perfect puppy or pet to expand your family, but the transport of the animal is held up at the airport or elsewhere.  People have reported trying to buy wedding dresses, only to be bilked of their wedding budget due to scam activity.  The point here is, listing scams can happen with any kind of product or service when you least expect it.  The key to prevention is knowing the signs, taking an extra moment to verify an online offer before you pay, and if you are the victim of a scam report it to our office.

The Attorney General will continue to alert Vermonters about new and ongoing scams.  In the meantime, here are some helpful tips to help you avoid online scams:

Tips to prevent Online Listing scams

Contributing Writer:  Crystal Baldwin

VT Scam Alert System is Live

Last week our office sent out the first scam alert through the VT Alert System to warn Vermonters about an active utility disconnection phone scam (listen to the alert here).

This exciting program started three weeks ago when the Attorney General’s Office partnered with Vermont Emergency Management to use their existing “VT Alert” emergency notification system. The system lets you get instant alerts by email, text message, or a phone message. We’ll be using this system to alert Vermonters about scams going around the state. You must sign up to get these alerts.  So far, 677 people have signed up through our website and over 3100 signed up through the VT Alert portal!

We don’t want to send out too many alerts, so we’ll only use the system to let you know about scams that are new, have changed, or are happening most often. We also might send you alerts about scams that are happening in your town or county specifically.

Signing up is free and easy. Call us at 802-656-3183 or 1-800-649-2424 (toll-free from a VT phone). You can also visit our website consumer.vermont.gov and click on “Sign Up for Scam Alerts!”  You can choose to get alerts by text message, email, or a prerecorded telephone message from Attorney General Donovan.

We want to help you stay informed and stay ahead of scammers trying to defraud Vermonters.  Once you sign up for the Scam Alert System, we encourage you to spread the word by sharing the alert message with your friends, family, neighbors, and communities.  Together we can get informed, spread the word, and stop the scams.

Example of an email alert:

VT Alert Scam Alert Example

Our office would like to extend a special thank you to our partner at the Vermont Department of Pubic Safety, Emergency Management System–and in particular Director Erica Bornemann, Public Information Officer Mark Bosma, and Administrator Randy Bronson.

VT Alert Logo

 

 

 

Contributing Writer: Crystal Baldwin

Welcome to CAP Connection

Welcome to CAP Connection, the new blog for the Consumer Assistance Program of the Vermont Attorney General’s Office.  The Consumer Assistance Program has been connecting with local Vermont communities for more than 35 years.  Our hope in producing this blog is to make the information and experiences that we gain by connecting with Vermonters available to everyone.  When it comes to scams, the best form of prevention is awareness.  When problems arise, it’s helpful for consumers to know they have a place to go for help.  When it’s difficult to locate appropriate resources, we may be of assistance too.  Ultimately, through this blog we hope to connect Vermonters to resources and information that will be helpful and useful.

This blog replaces the previously produced Pure Vermont Newsletter, which was issued for four years.  This new communication format is intended to provide the public with up-to-date access to consumer and business news and information.  Check back often for scam alerts, general consumer and business information, business compliance assistance, and reports on consumer and business experiences in the marketplace.  Connect with the Vermont Attorney General’s Office on Facebook and/or Twitter to get the latest updates.  Links to this blog will also be posted on social networks when a new blog is updated.  Don’t hesitate to continue to contact our office to report your concerns.

Pregnant employees (effective 1/1/18)

What if an employee becomes pregnant?
Pregnancy or childbirth may limit a woman’s ability to perform a job. Under Act 21, employers must provide reasonable accommodations to such women, unless those accommodations would be an undue hardship on the employer.

What if the job involves heavy lifting?
The employer must provide reasonable accommodations, such as providing lifting equipment. 

What is an “undue hardship”?
An “undue hardship” is an accommodation that would be significantly difficult or expensive to put into place. 

What if the woman can no longer perform the essential functions of the job?
The employer must engage in an ongoing discussion with the employee to explore different options that may accommodate the employee so that she can perform the essential functions of the job.  At the end of the day the employee must be able to perform the essential job functions, with or without accommodations.

When does this law take effect?
January 1, 2018.

Beware: existing disability law has the same requirements.  As an employer, you should provide reasonable accommodations to women with limitations caused by pregnancy, childbirth and related issues.

What are the penalties for failure to provide accommodations?
All the sanctions of the Fair Employment Practices Act, including damages and attorney’s fees. 

Nursing moms in the workplace

Does a nursing parent have rights to pump breast milk in the workplace?
Yes.  The Legislature granted parents and babies such rights in 2013. This right exists for the first three years after birth of the child. The usual term for pumping breast milk is “to express” breast milk.

Why does the Legislature care about breast-feeding?
Research has shown that breast-feeding:

  • promotes improved health outcomes,
  • provides the best nutrition for the baby,
  • keeps a close emotional bond between mother and child,
  • saves money,
  • avoids health risks of baby formula,
  • results in greater ability for the nursing parent to work, since breastfed babies are sick less often.

Vermont law supports nursing mothers.

What are the employer’s obligations to employees who are nursing parents?

  • Time–The employer must provide reasonable time throughout the day for the employee to express breast milk. 
  • Place–The employer must provide an appropriate private space that is not a bathroom.

Does the parent get paid while expressing breast milk?
Only at the employer’s discretion. A collective bargaining agreement could provide for compensation.

Are there any exemptions?
There is no explicit exemption based on the size of the business. An employer is exempt only if the employer can prove that providing time or appropriate private space would substantially disrupt the employer’s operations. 


What can an employer do to help nursing parents?

  • Understand the law
  • Inform employees of the new policy
  • Provide a clean, private place with access to electric outlets and a chair
  • Offer flexible breaks to nursing mothers
  • Apply for Breastfeeding Friendly Employer recognition

What are the penalties for violation?
The law can be enforced by the parent or by the State under the Vermont Fair Employment Practices Act.  21 V.S.A. § 495b. Violators are assessed damages and attorney’s fees.

Do I have to allow time on-the-job for a parent to express milk?
Yes, unless you can demonstrate that doing so would substantially disrupt the employer’s operations.  In most cases, employers can work out a schedule and suitable space.

What kind of space?
The space must be shielded from view.  The space must be sanitary and private—free from intrusion by coworkers or the public. The space cannot be a bathroom.

Do we need to have a permanent, dedicated space?
No. The employer can create or convert a temporary space. If the space is not dedicated to nursing parents’ use, the space must be available when needed. 

Do we need to provide a space even if they don’t have employees who are nursing parents?
No.

But I’ve heard that there is a small business exemption from federal law for small businesses. 
Federal law provides a theoretical exemption for a small business with less than 50 employees where the business can show an undue hardship, but there is no such exemption under Vermont law.  Here is a description of federal law on breastfeeding in the workplace. Since there is no small business exemption under Vermont law, Vermont law dictates. 

Are there other Vermont laws that assist nursing parents?
Yes. Vermont law gives parents a right to breastfeed their child in any place where they have a legal right to be present — see 4502(j).