What To Do If You Got Scammed?

by Rudolf Faix Friday, November 6, 2015 12:41 AM

Mouse Trap - scammedAuthorities may not always be able to take action against scams, even if it seems like a scammer might have broken the law. Although it may be hard to recover any money that you have lost to a scam, there are steps you can take to reduce the damage and avoid becoming a target for a follow-up scam. The more quickly you act, as larger is your chance of reducing your losses. Report a scam. By reporting the scam to authorities, they may be able to warn other people about the scam and minimize the chances of the scam spreading further. You should also warn your friends and family of any scams that you come across.

If you have been tricked into signing a contract or buying a product or service

Contact your provincial or territorial consumer affairs office and consider getting independent advice to examine your options: there may be a cooling-off period or you may be able to negotiate a refund.

If you think someone has gained access to your online account, telephone banking account or credit card details

Call your financial institution immediately so they can suspend your account and limit the amount of money you lose. Credit card companies may also be able to perform a "charge back" (reverse the transaction) if they believe that your credit card was billed fraudulently. Do not use contact details that appear in emails or on websites that you are suspicious of - they will probably be fake and lead you to a scammer. You can find legitimate contact details in the phone book, an account statement or on the back of your ATM card. 

If the scam relates to your health

Stop taking any pills or substances that you are not sure about. See a doctor or other qualified medical professional as soon as you can. Be sure to tell them about the treatment that the scammer sold (take along any substances, including their packaging). Also tell them if you have stopped any treatment that you were taking before the scam.

If you have sent money to someone that you think may be a scammer

If you sent your credit card details, follow the instructions in the section opposite.

If you sent money through an electronic funds transfer (over the Internet), contact your financial institution immediately. If they have not already processed the transfer, they may be able to cancel it.

If you sent a cheque, contact your financial institution immediately. If the scammer hasn’t already cashed your cheque, they may be able to cancel it.

If you sent money through a wire service (such as Western Union or Money Gram), contact the wire service immediately.

If you are very quick, they may be able to stop the transfer.

If you have been tricked by a door-to-door seller

You may be protected by laws that provide you with a "cooling-off" period, during which you can cancel an agreement or contract that you signed. Contact your provincial or territorial consumer affairs office for advice about door-to-door sales laws.

If you have been scammed using your computer

If you were using your computer when you got scammed, it is possible that a virus or other malicious software is still on your computer. Run a full system check using reliable security software.

If you do not have security software (such as virus scanners and a firewall) installed on your computer, a computer professional can help you choose what you need.

Scammers may have also gained access to your online passwords. Change these using a secure computer.

If the scam involves your mobile phone

Call your telephone provider and let them know what has happened.

 

Cooling-off Period

by Rudolf Faix Thursday, November 5, 2015 11:32 PM

JudgeIn consumer rights legislation and practice, a cooling-off period is a period of time following a purchase when the purchaser may choose to cancel a purchase and return goods which have been supplied for any reason and obtain a full refund.

In addition, legislation exists in various parts of the world enforcing this right, to varying degrees. For example, in the European Union, the Consumer Rights Directive of 2011 obliges member states to give purchasers the right to return goods or cancel services purchased from a business away from a normal commercial premises, such as online, mail order, or door-to-door, with limited exceptions, within two weeks from the receipt of the goods, for a full refund

Each country has its own rules for the cooling-off period. Here are only listed the most important rules. Please visit the provided link to read all the rules.

 

Australia

Source: Australian Competition and Consumer Commission

Telemarketers are not allowed to call consumers:

  • on Sundays or public holidays
  • before 9am or after 8pm on weekdays
  • before 9am or after 5pm on Saturdays

 

Cancellation rights (cooling-off):

  • The salesperson must tell to the consumer about his cooling off rights. The consumer can change his mind and cancel the contract for any reason without penalty within 10 business days

  • If the consumer bought goods that cost $500 or less, the salesperson can supply these goods immediately during the cooling-off period but the consumer still have the right to cancel the contract

  • The salesperson cannot take payment during the cooling-off period for any goods or services and cannot supply any services.

  • The consumer has 10 business days to cool-off or cancel the agreement, starting the first business day after receiving the agreement document.

  • The consumer can terminate the agreement verbally or in writing any time during the cooling-off period. Written termination can be delivered personally, sent via post, emailed or sent via fax. The agreement will be cancelled from the day you give notice

  • The trader must promptly return or refund any money paid under the agreement or a related contract

  • Even if the consumer has partially or completely used the goods supplied by the salesperson under the agreement he still has cooling-off rights during the specified period

  • The salesperson must not try to convince the consumer to waive your rights to cool off.

Canada

Source: Office of Consumer Affairs (OCA)

In some provinces and territories, there is an automatic cancellation (or cooling-off) period for certain types of contracts. Examples include contracts for services such as credit, dating clubs, health clubs, funeral and cemetery services, time-shares, condominiums, natural gas, electricity and door-to-doorsales. The cooling-off period is valid whether the company tells you about it or not.

To find out more about the cooling-off period in your area contact Your Provincial or Territorial Consumer Affairs Office.

 

New Zealand

Source: Consumer. now you know

Every agreement for an uninvited direct sale must be in writing and expressed in plain language. You must be given a copy of the agreement either at the time you sign, or if the agreement is made over the phone within 5 working days.

The agreement must:
  • clearly describe the goods or services being supplied

  • show the total price payable and any other consideration to be given (or how this is calculated if it’s uncertain at the time you sign)

  • inform you of your right to cancel

  • list the trader’s name, street address, phone number and email, and your name and street address

  • show the date it was signed.

If the trader fails to give you this information, the agreement can’t be enforced (except if the failure is minor and has not materially disadvantaged you).

 

United Kingdom

Source: Which? Consumer Rights

At a distance or face-to-face off-premises the following key information has to be given:
  • a description of the goods or service, including how long any commitment will last on the part of the consumer 

  • the total price of the goods or service, or the manner in which the price will be calculated if this can’t be determined

  • cost of delivery and details of who pays for the cost of returning items if you have a right to cancel and change your mind

  • details of any right to cancel - the trader also needs to provide, or make available, a standard cancellation form to make cancelling easy (although you aren’t under any obligation to use it)

  • information about the seller, including their geographical address and phone number

  • information on the compatibility of digital content with hardware and other software is also part of the information traders are obliged to provide  

  • Your right to cancel an order starts the moment you place your order and ends 14 days from the day you receive it

  • Your right to cancel a service starts the moment you enter into the contract and lasts 14 days

  • If you want to download digital content within the 14 day cancellation period you must agree to waive your cancellation rights 

  • Companies are not allowed to charge you for items they put in your online shopping basket or that you have bought as a result of a pre-ticked box

 

United States of America

Source: Federal Trade Commission

FTC Approves Changes to Cooling-Off Rule:

The FTC has approved a final amendment to its Cooling-Off Rule, increasing the exclusionary limit for certain “door-to-door” sales. The Cooling-Off Rule previously provided that it is unfair and deceptive for sellers engaged in “door-to-door” sales valued at more than $25 to fail to provide consumers with disclosures regarding their right to cancel the sales contract within three business days of the transaction. Under the amended rule, the definition of “door-to-door sales” distinguishes between sales at a buyer’s residence and those at other locations. The revised definition retains coverage for sales made at a buyer’s residence at a purchase price of $25 or more, and it increases the purchase price to $130 or more for all other covered sales at temporary locations. The revised definition recognizes that concern regarding high-pressure sales tactics and deception during in-home solicitations is greater than when sales are made away from consumers’ homes. Therefore, the Commission concluded that raising the value to $130 for non-home sales would reduce compliance burdens for sellers while still protecting consumers.

Full telemarketing rules: https://www.ftc.gov/tips-advice/business-center/guidance/complying-telemarketing-sales-rule#refund

 

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I'm since more then 35 years in the computer business (programming and technical support) and using the Internet since it has started. Since 2002 I'm programming solutions for Asterisk and since 2004 I'm in the call center industry.

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