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March 1996 Fraudulent telemarketers have
found yet another way to steal your money. This time from your checking
account.
Consumers across the country are complaining about unauthorized debits
(withdrawals) from their checking accounts.
Automatic debiting of your checking account can be a legitimate payment
method; many people pay mortgages or
make
car payments this way. But the system is being abused by fraudulent
telemarketers.
Therefore, if a caller asks for your checking account number or other
information printed on your check. You should follow the same warning that
applies to your credit card number. Do not give out
checking account information over the phone unless you are familiar with
the company and agree to pay for something.
Remember, if you give your checking account number over the phone to a
stranger for "verification" or "computer purposes," that person could use
it to improperly take money from your checking account.
How the Scam Works:
You either get a postcard or telephone call saying you have won a free
prize or can qualify for a major credit card, regardless of past credit
problems. If you respond to the offer, the telemarketer often asks you
right away, "Do you have a checking account?" If you say "yes," the
telemarketer then goes on to explain the offer. Often it sounds to good to
pass up.
Near the end of the sales pitch, the telemarketer may ask you to get
one of your checks and to read off all of the numbers at the bottom. Some
deceptive telemarketers may not tell you why this information is needed.
Other deceptive telemarketers will honestly explain that this information
will allow them to debit your checking account.
Once a telemarketer has your checking account information, it is put on
a "demand draft," which is processed much like a check. The draft has your
name, account number, and states an amount. Unlike a check, however, the
draft does not require your signature. When your bank receives the draft,
it takes the amount on the draft from your checking account and pays the
telemarketers' bank. You may not know that your bank has paid the draft
until you receive your bank statement.
What You Can Do To Protect Yourself.
It can be difficult to detect an automatic debit scam before you
suffer financial losses. If you do not know who you
are talking to, follow these suggestions to help you avoid becoming a
victim:
•Don't give out your checking account number
over the phone unless you know the company and understand why the
information is necessary.
• If someone says they are taping your call, ask why.
Don't be afraid to ask questions.
• Companies do not ask for your bank account information unless you
have expressly agreed to this payment method.
IT'S THE LAW:
Since December 31, 1995, a seller or telemarketer is required by law to
obtain your verifiable authorization to obtain payment from your bank
account. That means whoever takes your bank account information
over the phone must have your express permission to debit your account,
and must use one of three ways to get it.
The
person must tell you that money will be taken from your bank account.
If you authorize payment of money from your bank account, they must then
get your written authorization, tape record your authorization, or send
you a written confirmation before debiting authorization. They must
disclose, and you must receive, the following information:
• The date of the demand draft;
• The amount of the draft(s);
• The payors' (who will receive your money) name;
• The number of draft payments (if more than one);
• A telephone number that you can call during normal business hours;
and
• The date that you are giving your oral authorization.
If a seller or telemarketer uses written confirmation to verify your
authorization, they must give you all the information required for a tape
recorded authorization and tell you in the confirmation notice the refund
procedure you can use to dispute the accuracy of the confirmation and
receive a refund.
What To Do If You Are a Victim?
• If telemarketers cause money to be taken from your bank account
without your knowledge or authorization, they have violated the law.
• If you receive a written confirmation notice that does not
accurately represent your understanding of the sale, follow the refund
procedure that should have been provided and request a refund of your
money.
• If you do not receive a refund, it's against the law.
If you believe you have been a victim of fraud, contact your bank
immediately. Tell the bank that you did not okay the debit and that you
want to prevent further debiting. You also should contact your state
Attorney General. Depending on the timing and the circumstances, you may
be able to get your money back.
For More Information
The FTC works for the consumer to prevent fraudulent,
deceptive and unfair business practices in the market place and to provide
information to help consumers spot, stop and avoid them. To file a
complaint, call toll-free, 1-877-FTC-HELP
(1-877-382-4357), or use the online complaint form. The FTC enters
Internet, telemarketing, identity theft and other fraud-related complaints
into Consumer Sentinel, a secure, online database available to hundreds of
civil and criminal law enforcement agencies U.S. and abroad.
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©AllAboutCreditRepair.com 2001-2005
The above Consumer Credit Information is provided by the Federal Trade Commission, Washington D.C. |