Attorney General T.J. Donovan with George Fraser at Dan and Whit’s in Norwich, VT
Businesses can be consumers too! Vermont is unique in that our Consumer Protection Act defines “consumer” to include businesses that are the consumer in a transaction, such as when purchasing goods or services that are not for resale (9 V.S.A. § 2451a(a)). If your business needs help, contact our Small Business Advocate by emailing AGO.SmallBusiness@vermont.gov or calling 800-649-2424.
Here are some recent
examples of how the Small Business Advocate has helped Vermont business
consumers:
Small business paid a listing service for over 5
years of online advertising when it realized that advertiser had published the
wrong phone number for the small business. The listing service offered to
refund the small business $450 to resolve the issue, but this was significantly
less than what the small business had paid for the service. Our Small Business
Advocate reached out to the listing service on the small business’ behalf and
was able to secure a refund of more than $4,000 to recapture the costs paid for the service.
Small business attempted to cancel their lease for credit card processing equipment (the lease was entered before new protections took effect on July 1, 2018), but the leasing company claimed that the small business owner was unable to cancel the lease agreement and needed to pay the remainder of the lease term. Our Small Business Advocate reviewed the lease contract and found that it did not conform to Vermont’s Home Solicitation Sales Act (9 V.S.A. § 2454). The leasing company agreed to cancel the contract, saving the business owner more than $600 over the course of the lease.
Small business signed up for a lead generator
service but was dissatisfied with the quality of the referrals they received.
Small business requested a refund but did not receive a response from the lead
generator. Frustrated by the lack of response, they contacted our Small
Business Advocate who brought the complaint to the lead generator’s attention
and facilitated a refund to the small business of nearly $300.
Does your business need help? Review our office’s webpage for small businesses and contact our Small Business Advocate today.
Debt can be a major source of stress and financial strain. In fact, the average Vermonter has nearly $10,000 in credit card debt, according to the Burlington Free Press. For National Consumer Protection Week, we’re sharing important information about debt settlement programs.
Helpful services
There are free services that can help you settle your debt. You can find some resources at VTLawHelp.org.
Additionally, you can work directly with your creditors to negotiate a debt settlement without using a third party. The CFPB has great step-by-step information about how to do this here. There are also nonprofit debt settlement services you use instead of using private, for-profit companies that can come with risks. Local Community Action Agencies are a great resource for free advice too.
Be careful in dealing with for-profit debt adjusters
If you choose to use a for-profit debt settlement option, it’s important that you use caution. These private, for-profit businesses may offer to settle your debts for less than what you owe by working directly with creditors.
“You should be aware that “creditors have no obligation to agree to negotiate a settlement of the amount you owe. There is a chance that your debt settlement company will not be able to settle some of your debts — even if you set aside the monthly amounts the program requires.
“Debt settlement companies also often try to negotiate smaller debts first, leaving interest and fees on large debts to grow.”
Because “debt settlement programs often ask — or encourage — you to stop sending payments directly to your creditors, they may have a negative impact on your credit report and other consequences.”
Avoiding scams
There are many debt settlement scams out there. Any company offering debt settlement or debt adjustment services in our state must be licensed with the Vermont Department of Financial Regulation. You can check a license online by searching the business name on nmlsconsumeraccess.org.
If you have any questions about next steps, you can always contact the Consumer Assistance Program at 1-800-649-2424.
You can take action to tackle your debt, but be cautious of organizations that may try to take advantage. You have the power to protect yourself and your finances.
When you gather for Town Meeting day to tackle issues in your community, take a moment to spread the message about scams. By having a conversation with our neighbors, together we can work to stop scams.
Earlier this year, we released the top scams reported to our office in 2018. This information is still up on our blog, which you can review here. Knowing the common scam categories can be useful in identifying scams, but this shouldn’t be the only information you share. Scams come in all different forms and adapt over time. During National Consumer Protection Week, you can commit to being scam savvy and sharing what you know with others.
Know the Signs to Spot Scams:
Remember: If it’s
too good to be true, it probably is!
Suspect:
Unsolicited Communications: If you didn’t ask for a contact, question why you are receiving it, even if you get something in the mail. Verify the info shared against information you know and trust. Classic unsolicited communications are computer tech support pop ups messages and phone calls.
Demands for Urgent Response: Scammers will demand a fast response from you to take advantage of the fact that you are busy. Anytime an immediate response is requested, slow down and take your time. It is in the urgency of the moment that people respond to scams. Imagine how a busy restaurant might respond to a sudden claim of electricity disconnection during the busy lunch hour. The scam recipient may be more likely to respond for fear of losing lunch profits.
Requests for Personal Information: Shut down requests for such information by contacting a source you know and trust instead. For a bank account, the phone numbers referenced in your statement may be a good resource; for a credit card the number on the back of your card is a good option. Never respond to requests to reset your password by clicking on link in your email. Never provide your information in response to unsolicited communications.
Requests for Payment: Scammers have success in requiring odd forms of payment that are difficult to be tracked down, like gift cards, wire transfers, and peer to peer transaction services.
Gift Card Scams
How to Spot: You are asked to pay outside of a vendor store/website by reading off the numbers on the back of the card or by taking a picture of the back of the card and sending it.
Common gift cards requested include:
Apple iTunes
Google Play
Walmart
Target
Remember: Unless you are using the card for the actual relevant company, do not pay with gift cards! Watch out for copycat websites too!
Wire Transfer Scams
How to Spot: You are asked to pay by wire transfer.
Common wire companies used:
Your bank!
Western Union
Money Gram
RIA Financial
Remember: Sending a wire transfer is like sending cash! Never send a wire transfer to someone you don’t know!
Peer to Peer Payment Scams
How to Spot: You are asked to pay using a P2P service. You may even already use this service to make other payments.
Common P2P companies used:
Paypal Friends and Family (No Paypal buyer purchase protection)
Facebook P2P in Messenger
Apple Pay
Venmo
Zelle
Cash App
Remember: Sending through P2P is typically instantaneous, leaving little room to make fraud disputes. Never use a P2P to send money to someone you don’t know!
Scammers want your money. They’ll adapt these methods, or resort to old methods of payment, like cash, check or money order. If you think you’ve encountered a scam, but aren’t sure, call our office at 800-649-2424. Find out more from the FTC.
By sharing this information and your general awareness about scams with others, you can help stop scams! To become more informed, you can sign up for Scam Alerts on our website, connect with our office on social media, and invite others to follow us. Always hang up on scammers. For even more information about scams, visit our website.
It’s National Consumer Protection Week! Check in all week for consumer information you should know.
Today, we’re
informing consumers about buying a car. Buying a car is often one of the
largest purchases made in a consumer’s life. Its vital consumers take the time
to review and research their options prior to purchasing a car. These online
guides can help:
It’s important to thoroughly check out any vehicle you
intend to buy, including its warranty! On dealer sold used cars, the Buyer’s
Guide informs about warranty coverage. There are many types of warranties and they
vary in the amount of coverage they provide. A car may be sold without a
warranty, so it’s important to check this out.
In an effort to encourage you to know before you go car
shopping, you can call the Consumer Assistance Program at 800-649-2424.
Finally, if you have concerns about a car purchase, you may
also contact the Consumer Assistance Program to discuss complaint options. CAP
may provide complaint mediation, refer to agencies and organizations that may
help, or provide an attorney referral, such as to the Vermont BAR Association’s
Referral Service (800-639-7036) or to Vermont Legal Aid (800-889-2047).
Attorney General T.J. Donovan with Anne Conway, Lamoille County Chamber of Commerce Volunteer of the Year
This is a monthly series in which the
Attorney General will feature a Vermonter doing exemplary work in their
community. Have someone you think should be featured? Email AGO.CAP@vermont.gov.
We are honoring, as our February Vermonters of the Month, the
271 volunteers who generously give their time to Vermont’s Court Diversion
programs. This year, Vermont Court Diversion programs celebrate their 40th
anniversary.
Court Diversionis
a restorative alternative to the traditional criminal justice system for
individuals charged with a crime.
After police issue a citation for violating the law, the state’s attorney
decides whether to refer the person out of the court system to the
community-based Court Diversion program. Volunteers are a critical component of
this program’s success. They meet as a restorative panel to hear the needs of
victims, learn the underlying factors in the individual’s life that contributed
to the crime, and create an opportunity for the individual to take
responsibility for their actions, repair harm to victims, and rebuild connections
to their community.
We had the pleasure of speaking with
two amazing volunteers, Anne Conway of Lamoille Restorative Center and Linda
Brown of Windsor County Court Diversion, about
their experiences with Court Diversion and to learn about what drives their passion
for volunteerism.
Anne Conway
Born in Hardwick, raised in Morrisville, transplanted to
Boston—Anne Conway returned to Morrisville after 28 years away from her home
state of Vermont. Anne has been actively volunteering in different capacities
for nine years and was honored in February as Lamoille County Chamber of
Commerce’s Volunteer of the Year.
Court Diversion
follows a restorative justice model: what does restorative justice mean to you?
I’ve seen people who’ve made unwise decisions and hurt others,
as well as themselves, take responsibility for what they did and then repair
that harm. To me, that is restorative justice.
How has court
diversion/restorative justice impacted your community?
Ultimately, it helps to make our community safer. I have personally
witnessed individuals who have valued this second chance provided by Diversion
and moved forward in their life on a positive path.
Can you share a story
of a memorable panel meeting or related-experience that has had a lasting
impact on you?
I remember one participant who had allowed alcohol to become
foremost in their life – this led to an arrest, an unpleasant divorce, divided
custody of children, and the destruction of their career. One part of the person’s agreement was to
write a letter of ‘apology’ to their family. When the participant returned for
the second visit, they read a very sincere and touching letter of apology,
regret and resolve. In addition, the person had found a part-time job and was
in recovery. As a panel member, I valued seeing the positive results of our
program.
Reflecting on your
experience as a volunteer, have you observed a change in the program over the
course of your experience?
I have seen more creative ways for an offender to
correct the harm they did and improve their view of themselves and the
community in which they live.
What impact, if any,
has being a Court Diversion volunteer had on your life?
The most satisfying aspect of my panel participation is that
I am reminded that we are all in ‘this’ together and that we can make a
difference in the lives of others.
Linda
Brown
Like Anne, Linda Brown was born and raised in Vermont but
left the state as a young adult to pursue a career in New York City. Linda
returned to her hometown of Springfield after 30+ years away to care for her
mother. Since then, she has been volunteering with the Court Diversion program
for more than 15 years.
Can you share a story
of a memorable panel meeting or related-experience that has had a lasting
impact on you?
Panel meetings are all very interesting, but the thing that
had the most lasting impact on me was a dynamic class given to us volunteers
called “Bridges Out of Poverty.” It helped me to understand many of
the people who come to Diversion and increased my level of compassion for them.
I truly believe we must have compassion to work well with people.
Court Diversion
follows a restorative justice model: what does restorative justice mean to you?
Restorative justice means to me that a client admits his or
her mistake and does something, such as repaying victims or writing an apology
letter, to make things right as best they can. I believe all these actions can
imprint in a person’s brain and reduce recidivism. And, it certainly helps
reduce the backlog of cases in the State of Vermont’s court systems.
Reflecting on your
experience as a volunteer, have you observed a change in the program over the
course of your experience?
The most notable change in Court Diversion for me was when
participants started to stay in the room while we discussed the restorative
agreement. When I first started to volunteer, after we had met with the person,
they would step out while we developed a preliminary plan. At first, I did not
like this new way. However, I now feel that the participant is more apt to
complete the contract that he or she was involved in making.
What impact, if any,
has being a Court Diversion volunteer had on your life?
My advice to others looking to make an impact in their
community is to volunteer!
Are you interested in
becoming a Court Diversion program volunteer? Contact your nearest
program to learn more.
