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 a 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 too 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 may tell you the account information will help
ensure that you qualify for the offer. And, in some cases, the legitimate
telemarketer 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
telemarketer's 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're talking to, follow these
suggestions to help you avoid becoming a victim:
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 your bank account. If they tape record your authorization, they
must disclose, and you must receive, the following information:
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 procedures 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 marketplace and to provide information to help consumers spot,
stop and avoid them. To file a
complaint or to get
free information on consumer issues, visit
www.ftc.gov or call toll-free,
1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. 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 in the U.S. and abroad.
Source: The FTC.
http://www.ftc.gov/bcp/conline/pubs/tmarkg/debit.htm |