Top Frauds Included Internet, Housing Issues, Retail, Automobile, and Consumer Services
AG James Offers Tips to Avoid Scams, Urges New Yorkers to Report Fraud to Her Office
New York Attorney General Letitia James kicked off National Consumer Protection Week by releasing a list of the top 10 consumer fraud complaints received by the Office of the Attorney General (OAG) in 2021. Attorney General James also provides a variety of tips on how consumers can avoid common scams.
“Let this list serve as a warning to all New Yorkers to keep their guard up against scam artists,” said Attorney General James. “From inaccurate turnaround times for COVID-19 test results to deceitful debt collectors, scammers took advantage of these difficult times to mislead and deceive New Yorkers. My office is committed to rooting out fraudsters and protecting all New Yorkers, young and old, from harm. Consumers have been valuable in helping my office identify and eradicate fraud, and I urge them to remain vigilant and follow these tips.”
The following are the top 10 consumer complaints received by OAG in 2021 by category:
1. Internet | Internet-Related (internet services and service providers, data privacy and security, digital media, data breaches, frauds through internet manipulation). | 8346 |
2. Landlord / Tenant | Landlord/Tenant Disputes (security deposit releases, tenant-harassment). | 3144 |
3. Retail Sales | Retail related (price gouging, defective merchandise, poor customer service, pet stores, and animal breeders). | 2678 |
4. Services | Consumer related services (COVID-19 testing facilities, alarm companies, dry cleaners, restaurants, movers, services for personal household use). | 2610 |
5. Automobile | Automobile (sales, service, financing, repairs) | 2283 |
6. Credit | Credit (debt collection, credit card billing, debt settlement and debt relief, payday loans, credit repair, credit reporting agencies, identity theft) | 1539 |
7. Utilities | Utilities (wireless and residential phones, energy servicers and suppliers, cable, and satellite) | 1145 |
8. Home Repair/Improvement | Home Repair/Improvement (repair issues, deceitful contractors) | 1034 |
9. Health Clubs | Health Clubs (inability to cancel memberships, inability to access facilities, refunds not provided, no response from clubs) | 778 |
10. Furniture/Appliances | Furniture/Appliances (defective merchandise, delivery problems, and service and repair issues). | 611 |
Attorney General James offers various tips to protect New Yorkers from future scams:
o Do not use the same password for multiple accounts. Cybercriminals use passwords stolen from one company for other online accounts. Earlier this year, Attorney General James announced that a sweeping investigation by her office had identified more than 1.1 million online accounts compromised in credential stuffing cyberattacks on just 17 well-known companies. New Yorkers can protect themselves with the following safeguards:
o Never reuse passwords. While reusing login information may be convenient, it also puts consumers at risk. A password manager on a phone or computer can keep track of passwords, automatically filling them in when they log in to a website or an app.
o Enable two-factor authentication (2FA): 2FA can provide an extra layer of security by requiring anyone logging in to an account to provide another credential, such as a one-time code sent by SMS or email.
o Check your online accounts regularly for unauthorized transactions and immediately contact your online service (or credit card company, if appropriate) if you see something suspicious.
o Register with a breach notification service, like Have I Been Pwned, that will send a notification if an account associated with your email or phone number has been compromised.
o Your landlord must return your security deposit within 14 days of you moving out. If your landlord takes any money out of the security deposit for damages, they must provide an itemized receipt describing the damage and its cost. If your landlord doesn’t give you this receipt within 14 days of moving out, then they must return your entire security deposit, whether there is damage or not. If your landlord fails to comply, you may be entitled to up to twice the amount of the security deposit.
o If you are having trouble paying your rent, please contact your local Department of Social Services. To find offices across the state, check https://otda.ny.gov/workingfamilies/dss.asp. NYC residents can call 311 and ask about rental assistance programs. More resources are available here: https://ag.ny.gov/coronavirus/tenants-rights#pay-rent
Retail Sales:o If you see unconscionably excessive prices for at-home COVID-19 testing kits or other goods vital and necessary for health, safety, and welfare, you are encouraged to report it to my office immediately.
o Free COVID-19 testing kits are available from the U.S. Government at www.covidtests.gov.
Consumer related services:o COVID-19 testing facilities that advertise test-result turnaround times are required to accurately convey how long it will take for consumers to receive their test results.
o Any consumer who believes a lab or other testing facility is making misleading statements about their turnaround time for COVID-19 test results should report it to my office immediately.
Automobile:o Beware of deceptive sales tactics when purchasing or leasing a car. New and used automobile prices keep climbing, due to factors such as high demand and a global semiconductor shortage, which are a critical component of new automobiles. Never sign any documents or leave the dealership with a car until you have reviewed all of your paperwork carefully. Do not sign a blank document that does not have numbers or terms filled in.
o Make sure that what you are signing is consistent with what the salesperson told you and that you are not being charged for any extra accessories or products that you did not ask for, such as warranties, tire and wheel protection, and vin etching. Ask the salesperson or finance manager about any fees or charges you do not understand and whether they are required by law.
Credit:o If you have debt in collection, debt collectors are required to provide you with key information about the origin and history of your debt within five days of their first communication with you. You also have a right to dispute the debt, and once you do, the collector must stop all attempts to collect from you until they provide information supporting their claim to the debt.
o Debt collectors cannot harass you, and must follow limits on how, and how often, they contact you. For example, they cannot call you more than seven times in any seven-day period and cannot call you between 8 PM and 9 AM. You have the right to tell debt collectors not to contact you by email or text message or any other means of communication, and you may tell them not to contact you at all.
o Starting on April 7, 2022, creditors cannot sue you, or threaten to sue you, on debts that are older than three years. Prior to April 7, creditors cannot sue you, or threaten to sue you, on debts that are older than six years, or even less, depending where the original company or person you owed the debt to is located.
Utilities:o Thousands of New Yorkers recently saw considerable and sudden increases in their gas and electric bills. Attorney General James has demanded reforms from Con Edison that include a commitment to providing consumers advance notice of such increases. Any consumer who believes they received a high utility bill as a result of a billing error should report it to OAG immediately.
o If you have trouble paying your energy bill, contact the utility company. Resources are available for consumers who may need help paying their utility bill. Utilities companies offer programs and payment plans to help.
o In addition, the Home Energy Assistance Program (HEAP) helps low-income individuals pay the cost of heating their homes. Information on how to apply is available at otda.ny.gov/programs/heap/.
Home Repair/Improvement:o Many of our homes have suffered wear and tear due to the pandemic. Before entering into a contract, shop around for estimates, check in with the Better Business Bureau, suppliers and neighbors for references.
o Know your rights: You have three days after signing a home improvement contract to cancel it.
Health Clubs:o New York’s Health Club Law authorizes gym members to cancel their membership under certain circumstances, including “after the services are no longer available or substantially available as provided in the contract because of the [gym’s] permanent discontinuance of operation or substantial change in operation,” and requires gym owners to provide prorated monetary refunds (NOT credits) for such cancellations within 15 days. In 2021, Attorney General James resolved a lawsuit against the parent company of New York Sports Club and Lucille Roberts for unlawfully charging monthly dues to members and for partaking in a variety of illegal and fraudulent practices involving consumers’ cancellation rights during the COVID-19 pandemic. Attorney General James obtained the proceeds of a $250,000 bond for restitution to affected consumers.
o Additionally, the law further prohibits misrepresentations about consumers’ cancellation rights.
Furniture/Appliances:o Always find out what a furniture or an appliance retailer’s return policy is before making a purchase. Some online retailers require customers to pay for return shipping which can make it cost-prohibitive for people to return bulky furniture or appliances.
Consumers can learn more about COVID-19 resources and consumer scams on the OAG website. Attorney General James reminds consumers that in addition to being vigilant, they should report instances of fraud to her office. Consumers are encouraged to file complaints by completing and submitting a Consumer Frauds and Protection Bureau online complaint form or by calling (800) 771-7755 if they are unable to submit a form online.
During National Consumer Protection Week, Governor Highlights DMV Success Pursuing Customer Refunds, Recovering Titles, and Ensuring Completed Repair Work
National Consumer Protection Week Runs March 6 Through 12
Governor Kathy Hochul today announced that more than $1.65 million in goods and services have been recovered for New Yorkers who received faulty or fraudulent service from auto dealers and repair shops. The New York State Department of Motor Vehicles helped customers recover titles when dealerships closed abruptly, assisted people to get repairs or refunds, and in some cases, dealerships bought back vehicles to settle disputes.
“When bad actors try to take advantage of consumers, New York will fight back,” Governor Hochul said. “My administration is dedicated to protecting consumers from fraud, working closely with motorists who file complaints to make sure they get what they pay for. This money recouped by the DMV on behalf of consumers is a testament to our ongoing efforts to make our state a better, fairer place for all New Yorkers.”
The Department of Motor Vehicles’ Office of Vehicle Safety investigates complaints from consumers who believe they were misled or wronged by a DMV-regulated business. In 2021, the agency was able to recoup refunds for 540 customers totaling more than $385,000. In other instances, DMV investigated complaints about the quality of the repair work done on customer’s vehicles. DMV enabled those consumers to get a total of $78,000 of additional repair work completed at no additional charge to the customer.
In addition, some customers were sold cars by auto dealers who went out of business before issuing the vehicle titles, meaning the consumer was left with no proof of ownership but in many cases still on the hook for the car payments. DMV’s offices of Vehicle Safety and Title Services worked together to recover vehicle titles worth more than $682,000 for those customers.
Since 2017, when the DMV began to track data on those recoveries, the Department has helped 279 consumers gain clear title to their vehicles worth more than $4.5 million.
A certificate of title for a vehicle is what establishes a person or business as the legal owner. It includes important information about the vehicle’s history and the vehicle itself, including year, make, and model. Without a title, a vehicle owner is unable to transfer ownership, remove a lien, or provide proof of ownership necessary to take out a loan on the vehicle or file an insurance claim.
In some cases where the customer filed a complaint about a vehicle purchase, dealers offered to buy the vehicle back during the course of the DMV investigation. The value of such repurchases in 2021 was more than $503,000.
Department of Motor Vehicles Commissioner Mark J.F. Schroeder said, “We at DMV are very proud of the work our Vehicle Safety unit does on behalf of consumers. Anyone who believes they have been taken advantage of during a sales or repair experience should know they have an advocate to stand up for them to make sure they get what they pay for.”
When customers make a complaint, DMV first discusses it with the customer and the business to try to resolve it amicably. About half of all complaints are settled directly. If the problem is not resolved, a DMV inspector investigates the complaint. If it is found that a dealer or shop violated laws and/or regulations, DMV can impose fines and suspend or revoke business registrations.
To learn more about filing a complaint, see DMV's Guide to Consumers. DMV also helps businesses and offers information on their rights if faced with a complaint in our Guide for Facilities.
Consumers can also verify that a repair shop, auto dealer or motor vehicle inspection station is properly registered on the Find a DMV-Regulated Business web page. For consumers as they prepare to buy, trade or sell a vehicle, the DMV also offers useful advice on its Let the Buyer Be Aware page.
Gennaro, Holden Team Up with Queens Delegation, the Associazione Culturale Italiana Di New York & Local Orgs to Host Borough-wide Donation Drive for Ukrainian Refugees
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Representatives of Con Edison were at last week's Morris Park Community Association meeting to answer questions from people who complained that their Con Ed bills were much higher in January this year than before. The answer provided by Rolando Infante Governmental Relations Manager of Metro New York for Con Edison was that there was a sharp hike in oil at the plants that produce electricity, and the upgrading of Con Edison's grid. With Mr. Infante were Kristina Y. Le Gallo of Customer Outreach and Education, and Belkys Mateo a Customer Operation Supervisor who gave a presentation on energy efficiency, and other ways of lowering your electric bill by unplugging coffee machines, phone chargers and like appliances which use electricity when not in use.
Afterwards the Con Ed Reps took questions from those in attendance. One question was, can I get my electricity from someone else, to which the answer was yes. They are called Energy Savings Companies, but that is the raw electricity that still has to travel over the Con Edison electric grid to get to you. Another question was about low voltage during heat waves that ruins appliances, and why can't Con Ed supply enough electricity. The answer to that was that during heat waves more power is demanded because more air conditioning and other cooling devices are used. Con Ed cuts the voltage to avoid widespread blackouts, and that the power comes first to the Bronx, and then to the rest of the city. There was also a program called level billing that averages out the bill year round so there are no larger bills in the summer when more power is used.
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In addition, due to current staffing challenges, this summer’s camp program offerings have changed. Camp Rushford and Pack Forest will open for a seven-week season. DEC may open registrations for Camp DeBruce if additional staff become available this spring. Camp Colby will remain closed until 2023 to complete major renovations to the camp.
Updates and changes can be found on the DEC Summer Camps webpage https://www.dec.ny.gov/
DEC’s Summer Residential Camps are now hiring counselors, lifeguards, and cooks for the 2022 season. These are great opportunities to be involved in the education and enrichment of New York’s youth at locations designed to create a life-long passion for nature and a dedication to environmental stewardship. Employment at camp begins in mid-June and ends mid-August, and all positions include room and board. Visit https://www.dec.ny.gov/
Additional information, including plans to limit the spread of COVID-19 and other updates about DEC summer camps, will be provided as it becomes available.
