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Contract alert: Read fine print - on both sides

Bill Brooks Special to | Hagadone News Network | UPDATED 7 years AGO
by Bill Brooks Special to
| January 18, 2018 12:00 AM

In past columns I have stressed how important it is that consumers thoroughly read any contract they sign. This last week I had a consumer come to me with a problem they were having with a vacuum cleaner company that sells its wares door-to-door and by referrals.

It seems the consumer bought the complete system and financed it through a finance company that is separate from the vacuum manufacturer, but provides 100 percent of the financing the company offers consumers. As a result, the consumer actually signs two different contracts: one for the vacuum, and one for the financing.

The vacuum didn’t live up to the consumer’s expectations. The contract with the manufacturer provided that under very specific and time-sensitive conditions, the consumer could return the vacuum for a full refund. After reviewing the contract the consumer sent me, it seemed I hadn’t received the complete contract. Upon checking with the consumer, they found a second page to the contract — on the reverse of the first page of the contract. There were 20 different terms and conditions to the contract — all of which the consumer was bound by, none of which they were aware. There was some small writing, just above where the consumer signed on the front page, indicating the consumer had read and understood ALL the terms of the contract, including the terms and conditions on the reverse of the first page.

Fortunately, once I contacted the company, I was able to have the contract canceled. The consumer did have to pay all charges to have the merchandise returned and pay ALL financing charges on the finance contract. Even so, it was a cheap lesson for the consumer.

Was this a scam? No, it was not, but the contract was certainly not “consumer-friendly.” Contracts can be a complex legal agreement written by the legal department of the company and that favors the company. LESSON: Read and understand the entire contract — both front and back. If you don’t understand ALL the terms and conditions — don’t sign it.

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VENUE: Another important term in contract law. Many contracts will specify a “venue.” In the area of law, a venue means the county or district within which a criminal or civil case MUST be heard. What does that mean for the consumer? It means if you need to sue a merchant or company, that by signing a contract listing a specific venue, that physical location is the ONLY place you can sue the company or merchant.

Specifying a venue is not necessarily a bad thing, but it can make life difficult and expensive for a consumer. If you have a particular appliance in your home, sold to you with a contract, or a warranty, it may specify that you can only sue the company in a specific jurisdiction. For example, a contract might say something like, “any lawsuits must be filed and tried in Broward County, Florida” — not exactly convenient for a consumer in our area. Not only is it not convenient, it will probably be very expensive. You will be required to be represented by an attorney licensed to practice law in that state.

Venue is just another key term everyone needs to understand and be aware of when signing contracts.

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IT AIN’T YOUR PACKAGE: In this case, curiosity won’t kill the cat, but it could make it very expensive for any curious kitty.

An out-and-out scam that hurt a consumer last week started with an innocent-looking email from a well-known international package delivery service. It looked like a legitimate email notification regarding a package to be delivered.

The email contained a “clickable” link. The recipient of the email was instructed to click on the link and follow the instructions to facilitate delivery of the parcel. The link immediately takes you to a website that looks just like the legitimate parcel delivery company’s website — but it’s not. You are then requested to enter your name, address, phone number, email and, oh yes, your credit card info to cover the small $4.95 “special delivery fee.”

Most people, as soon as they see the request for credit card or bank information, close the link and realize that they just barely avoided a major scam. Unfortunately, as I said, most people. Remember, with the right software and an email list of hundreds of thousands, a scammer can send a “personalized” message to everyone on the email list with the press of a button. If only one half of one half of one percent of those provide their bank or credit card information, it will be a very profitable day for the scammers.

If you get a parcel notification and you aren’t expecting a delivery, don’t click on the link. Find a telephone number, not in the questionable email, and call the delivery company for verification of an impending delivery. Delete the questionable email.

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REDUCE YOUR CREDIT CARD INTEREST RATE: This is a very attractive offer, if it’s true. Unfortunately, this is a scam that works on the consumer’s desire to save some money.

I got a robo call last week that offered to reduce the interest rate I pay on my credit card. (In my work as a “consumer advocate,” I consider receiving scam calls and robo calls a gift from above — unlike most of my readers.) When I get a call like this I always play along until I find out what the scam is.

When the robo call came in, I did press “2” to speak to a “specialist.” I asked what card he was calling about. His response was, “the one sent to you each month.” I asked which card specifically. He named off, in quick succession, six or seven of the major cards. I picked one. All he wanted then was to “verify” my credit card information, so he could provide me with a lower interest rate. He asked me for the expiration date of my card and then almost incidentally, the actual credit card number. As soon as I told him I was recording the conversation, and that he was a crook and a scammer, the line went dead.

Oh well. I guess he didn’t really want to help me. LESSON: NEVER GIVE THIS KIND OF INFORMATION OUT OVER THE PHONE — HANG UP.

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EMV CREDIT CARDS — NO SIGNATURE REQUIRED: EMV stands for Europay, MasterCard and Visa. EMV is the name for the technology that credit card companies are using on all credit and debit cards with chips in them. Soon, sometime in 2018, very few cards will require that you “sign” for a purchase. (Despite my best efforts, my signature on the signature pad always resembles the scrawlings of a 5-year-old trying to write hieroglyphics in the dark.) They say it’s more secure. We’ll see.

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REMEMBER BILL BROOKS: “He’s On Your Side”

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I have many more tips and interesting cases that I’m working on. Call me at 208-699-0506, or email me at BillBrooksAdvocate@gmail.com or fax me at 866-362-9266. You can follow me at www.billbrooksconsumeradvocate.com. I am available to speak about consumerism to schools, and local and civic groups. Bill Brooks is a consumer advocate and the broker and owner of Bill Brooks Real Estate in Coeur d’Alene.

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