We get quite a few calls here at 10 On Your Side regarding unwanted robocalls.  You know those annoying calls right in the middle of dinner.  Those telemarkers will now have to get written permission from you before calling.

Kelly Welsh

kelly.welsh@wavy.com

Check out the latest release from the FTC.

For Release: 08/27/2009
New Rule Prohibiting Unwanted “Robocalls” to Take Effect on September 1
Telemarketers Must Obtain Prior Written Approval from Consumers Who Want to Receive Such Calls
Beginning September 1, 2009, prerecorded commercial telemarketing calls to consumers – commonly known as robocalls – will be prohibited, unless the telemarketer has obtained permission in writing from consumers who want to receive such calls, the Federal Trade Commission announced today.

“American consumers have made it crystal clear that few things annoy them more than the billions of commercial telemarketing robocalls they receive every year,” said Jon Leibowitz, Chairman of the FTC. “Starting September 1, this bombardment of prerecorded pitches, senseless solicitations, and malicious marketing will be illegal. If consumers think they’re being harassed by robocallers, they need to let us know, and we will go after them.”

The new requirement is part of amendments to the agency’s Telemarketing Sales Rule (TSR) that were announced a year ago. After September 1, sellers and telemarketers who transmit prerecorded messages to consumers who have not agreed in writing to accept such messages will face penalties of up to $16,000 per call.

The rule amendments going into effect on September 1 do not prohibit calls that deliver purely “informational” recorded messages – those that notify recipients, for example, that their flight has been cancelled, an appliance they ordered will be delivered at a certain time, or that their child’s school opening is delayed. Such calls are not covered by the TSR, as long as they do not attempt to interest consumers in the sale of any goods or services. For the same reason, the rule amendments also do not apply to calls concerning collection of debts where the calls do not seek to promote the sale of any goods or services.

In addition, calls not covered by the TSR – including those from politicians, banks, telephone carriers, and most charitable organizations – are not covered by the new prohibition. The new prohibition on prerecorded messages does not apply to certain healthcare messages. The new rule prohibits telemarketing robocalls to consumers whether or not they previously have done business with the seller.

Under a previous rule that took effect on December 1, 2008, telemarketing robocall messages by businesses covered by the TSR must tell consumers how to opt-out of further calls at the start of the message, and provide an automated opt-out mechanism that is voice or keypress-activated. Prerecorded messages left on answering machines must also provide a toll-free number that connects to the automated opt-out mechanism.

After September 1, consumers who receive prerecorded telemarketing calls but have not agreed to get them should file a complaint with the Commission, either on the donotcall.gov Web site or by calling 1-888-382-1222.

The Commission’s 2008 press release announcing the changes to the TSR’s prerecorded telemarketing provisions and a link to the related Federal Register notice can be found on the FTC’s Web site at:http://www2.ftc.gov/opa/2008/08/tsr.shtm.

The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 1,500 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s Web site provides free information on a variety of consumer topics.

Check out my latest story titled Breaking into Show Business Warning.

If you have a story idea please email me at kelly.welsh@wavy.com

Over the years, 10 On Your Side has received numerous phone calls from renter’s and most of them didn’t have Renter’s Insurance mainly because they didn’t know they needed it or thought they couldn’t afford it.

I interviewed Ralph Rios with Allstate according to him….”I think it’s just somehting that you just can’t afford not to have.”

The cost averages out to be about 120 dollars a year or about 65 cents a day or the cost of a soda. 

Click below and check out my latest story on what you need to know about Renter’s Insurance and Flood Insurance.

http://www.wavy.com/dpp/mobile/local_wavy_virginiabeach_rentersinsurance_20090528

If you have a story idea, please email me.

kelly.welsh@wavy.com

Thanks,

We spoke to Lynn Underwood who is a code official for Norfolk.  He told me that people may not have used their decks in months and if your deck has not been properly maintained, your deck may be unsafe.

According to the Virginia Building and Code Officials Association Hundreds of people are injured each year due to failures in their deck.  These are injuries that could have been prevented.

From the wood, the bolts, support beams all the way to the stair railings.  all need to be inspected to insure a safe deck.  Underwood says one of the most important things inspectors look for is how the deck is actually connected to the house. Also, if you notice cracks  in wood planks or if you notice your deck flooring is spongy when you walk on it, it could mean that you have an unsafe deck. 

  If you have a concern about your deck contact your local inspections office to see what type of inspections they offer.

Please check out my latest Web report.  While you are on our website just click the 10 On Your Side tab and you will see this story.  Let me know how you liked it.

If you have a story idea please email me.

kelly.welsh@wavy.com

Thanks,

Kelly

Mrs. Dilley sent us some pictures and sent us an email to say thanks.

Memorial Day is right around the corner and that means the Oceanfront and area beaches will start to get packed.  Before you head out to have a little fun in the sun, check out my video report on Beach Safety.  Have a plan before you head out.  Everyone needs sunscreen, sunglasses, lots of water, a picture ID, and a cell phone.  I have set up a link on WAVY.COM for more information and a checklist. 

10 On Your Side wants you and your family to be safe this summer season.  I interviewed Bruce Nedelka with Virginia Beach EMS who says enjoy the beach but take a few moments to make a plan and think about what you’re doing. 

Basically, think about your safety first so you and your family can have a lot of fun in the sun at the beach.

Please let me know what you think about this story or if you have any story ideas email me at kelly.welsh@wavy.com

Kelly Welsh

According to the Virginia Assocation of Limousines:  

Con-artists are in full swing promising the world, but will take your money without blinking an eye.

I have received several phone calls lately from viewers who have received a check in the mail with claims that they have won a foreign lottery.  The check is to be cashed to pay taxes on the award money.  If you deposit the check, which looks very legit, it will bounce, but not before you have wired the money to pay for the supposed taxes.  

Whatever you do, don’t cash that check!

Below is more information from the Virginia Office of Consumer Affairs.   

Cash from a Con Man
By Bob McDonnell

The latest scam hitting Virginia puts a new twist on the original foreign lottery scam, and has heads spinning in Southside.

Meet Cindy Dean in Danville. She’d previously been told she had “won the Spanish Lottery,” and didn’t fall for it. She’d also “won $1 million in the Canadian lottery,” and didn’t fall for it… at first. Then she called the number on the letter, and spoke to a live person. “They made it sound real legit,” she said.

After talking with a guy calling himself “Internal Revenue Officer Michael Garcia,” Cindy was still wary about a scam to (1) tell her she has to pay taxes on the prize first, (2) send her a bogus check, (3) she cashes it and mails back a cashier’s check, (4) the check bounces at the bank, (5) she’s left in debt, and (6) the con artist gets rich.

But this was different. Building trust with Cindy, the con man sent her a magazine with $100 bills taped on the inside pages – totaling $2,900. She took the 29 bills to Wal-Mart to make sure they weren’t fake, and everything checked out.

At that point, Cindy says, she should’ve just kept the money. “I could’ve really used that.”

Instead of taking the money, Cindy unfortunately took the bait. She sent the money back to a supposed tax department, and before it was all said and done, she sent them $23,000, borrowed from her boyfriend. Despite being initially wary and taking precautions, Cindy had been scammed. We’ve investigated her situation, and worked with authorities to help Cindy out.

Cindy says she wishes she could scream to all Virginians: “Look out! You cannot win the ‘Canadian Lottery’ whatsoever!”

No matter how good your “award notification” might look, take time to investigate. They are not legitimate, and foreign lotteries and sweepstakes are violations of federal law.

If you’ve been victimized by the “Canadian Lottery,” call PhoneBusters immediately at 888-495-8501. Then please notify our office by completing our contact formor calling our Consumer Hotline, 800-451-1525.

We take consumer protection seriously in our office, and have people who can help with prevention and victimization. In an age of increased scams by mail, phone and the Internet, Virginians must be educated and vigilant.

I came across some information that might be useful and wanted to pass it along. On the Virginia Beach Consumer Affairs web page, they have a frequently asked questions page.  They are similar questions that we receive here at 10 On Your Side. We receive dozens of calls, letters and emails addressing all kinds of issues.  

I hope that you find the below information helpful.  Please feel free to contact me about this blog or any other story ideas.

Kelly Welsh

10 On Your Side

 kelly.welsh@wavy.com

Frequently Asked Questions
A friend told me I had 3 days to cancel a contract. Is that true?
Only in certain types of transactions such as home solicitation sales over $25, health spa contracts, and a few others does the consumer have the right to cancel a contract. That’s why it is so important to make sure you understand the contract and can afford the purchase before signing. Most of the calls we receive are from consumers who have signed a purchase agreement to buy a vehicle and later decide they can’t afford it or they find something they like better. In those cases, unless the dealer will voluntarily void the contract or there have been changes to the financial agreement, the consumer is obligated to the terms of the contract.

If I make a purchase at a retail store and decide I want to return the item, is the store required to give me a refund?
It all depends on the store policy. Just as consumers have the right to choose the store in which they shop, merchants have the right to choose their policies for refunds and exchanges. If their policy is anything other than a refund within 21 days, the store must post a sign in a readily readable area which informs the consumers of all conditions. If the policy is merchandise credit only or if no returns are allowed, that information must also be disclosed on a sign. Consumers must consider the policies prior to making the purchase.

I’m going to be buying a car in the near future. Do I have the same protection whether I buy a new or used car?
No. When purchasing a used vehicle, the only warranty protection you have is what the dealer gives you. If you buy it “as is”, any necessary repairs after the purchase is your responsibility. That is why it is so important to shop around to compare price and financing, have the vehicle inspected by a reputable mechanic prior to purchase, and to understand the warranty. New vehicles are protected by the manufacturer’s warranty and by the Motor Vehicle Warranty Enforcement Act, also known as the “lemon law”

What is the lemon law?
The lemon law provides relief if a new vehicle, within the first 18 months of ownership, has been subject to repair 3 or more times for the same defect, one or more times for a serious safety defect, or is out of service due to repair for a cumulative total of 30 days and the defect still exists. If any of those situations exist, the consumer must notify the manufacturer in writing, giving them an additional opportunity, not to exceed 15 days, to correct or repair the nonconformity. If the defect is still not corrected, the consumer has the right to arbitrate or file suit in court for a refund or replacement vehicle.

I called a repair shop and got a verbal estimate for repairs to my car. When I went to pick it up, the cost was higher than what I was quoted. How could I have prevented this unpleasant surprise?
Sometimes the mechanic cannot give an accurate estimate without doing some preliminary inspection. The only way to prevent those kinds of surprises is to request a written estimate. The Automobile Repair Facilities Act requires written estimates only when requested by a customer. When a written estimate is given, the bill cannot exceed more than 10% unless the customer has authorized additional work. The repair shop can charge for written estimates, but any fees or conditions must be disclosed prior to service.

I noticed on my repair bill that I was charged more for spark plugs than what I can buy them for in the auto parts store. Is that legal?
Yes. There are only a few instances (i.e. utilities) of price control. Prices vary in all types of sales and services, so it is important to comparison shop before making a purchase.

I am renting an apartment and the landlord has not corrected some discrepancies that have existed for some time. What can I do?
Depending on the type of discrepancies, you may be able to request an inspection by the Code Enforcement Division at (757) 385-4421, or if you have given written notice to the landlord and kept a copy, you may be able to put your rent money in an escrow account with General District Court.

When should I expect the return of my security deposit after I vacate?
The landlord has 45 days to refund a security deposit along with a list specifying any deductions, if applicable. Landlord/tenant issues comprise a majority of the calls we receive. Many of the problems could be prevented or resolved if landlords and tenants knew their rights and responsibilities. The Landlord/Tenant Handbook can be downloaded at Virginia DHCD (Department of Housing and Community Development) forms and publications webpage.

I own a business in Virginia Beach and want to have a going out of business sale. What do I need to do?

You should call the Virginia Beach Consumer Affairs Program at (757) 385-5836. State and City Codes require that anyone who advertises or conducts a sale for the purpose of discontinuing a retail business have a valid permit issued by the Consumer Affairs Program. Applications for a permit must be accompanied by an inventory and a fee. Violations of the codes are punishable as a Class 1 misdemeanor.

If you have additional questions or would like information on other consumer issues, call the Virginia Beach Consumer Affairs Program at (757) 385-5836 or use the information request form.