Attorney General Alerts
Don’t Let a Lemon Leave a Sour TasteFri, Apr 10, 2015
Arkansas’s Lemon Law provides a safety net for some purchasers whose vehicles have recurring problems. Any vehicle less than two years old or which has less than 24,000 miles is covered under the State's Lemon Law. Any recurring problem, including defects that impair the use, value or safety of the vehicle, could trigger this protection.
Many problems with newer cars can be repaired by the dealer at no cost to the purchaser. Occasionally however, a vehicle may experience the same issue or defect several times. When this occurs, Arkansas consumers have the right to request a refund or replacement of the vehicle through the Lemon Law dispute resolution process.
Arkansas Attorney General Leslie Rutledge issued today’s consumer alert to educate Arkansans on how they can protect themselves with the Arkansas New Motor Vehicle Quality Assurance Act, or Lemon Law. State Lemon Laws outline consumer rights and procedures if a vehicle develops a significant problem that cannot be repaired after a certain number of attempts.
“Lemon Law claims can be filed by following a few easy steps and without consumers hiring an attorney,” said Attorney General Rutledge. “My office has issued ‘A Consumer’s Guide to the Arkansas Lemon Law’ to help Arkansans who believe they may have purchased a lemon.”
Any consumer who buys, leases or licenses a new motor vehicle in the State of Arkansas is covered by the Lemon Law during the term of the manufacturer’s warranty for up to two years after the original delivery date of the vehicle, or for the first 24,000 miles, whichever is longer. If the vehicle is transferred to someone else during this period, that owner or person leasing the vehicle is also covered under the Lemon Law.
The Attorney General offered the following tips to consumers who notice nonconformities after purchasing a new vehicle:
- Read the Lemon Law Handbook that the car dealer provides at the time of purchase. If you need a second copy, you can obtain one from the Attorney General’s Office or by clicking here.
- Report problems to the dealer or manufacturer immediately and take your vehicle to the dealer for evaluation.
- Keep repair receipts and a complete record of contacts with the dealer and manufacturer and visits to repair shops.
- Use the form letters in the Lemon Law Handbook to send a “demand letter” to the manufacturer, along with a copy to the Independent Dispute Settlement Program.
Arkansas’s Lemon Law does not cover mopeds, motorcycles, the living quarters of motor homes or most vehicles weighing more than 13,000 pounds. The law also does not cover vehicles that have been substantially altered after its initial sale from the dealer.
For more information on consumer-related topics, call the Attorney General’s Consumer Protection Hotline at (800) 482-8982 or ArkansasAG.gov.
Hail Storm Could Come TwiceThu, Apr 2, 2015
Spring is officially here, but with the milder temperatures comes the increased possibility of severe weather. Arkansans know all too well the damage that can occur from tornados, sudden downpours, lightning and hail.
Just this week, several storm systems passed through the Natural State, dropping hail as large as baseballs in some areas. These storms may be quick, but can cause lasting and severe damage to vehicles, sometimes even breaking windshields.
Arkansas Attorney General Leslie Rutledge issued today’s alert to urge consumers to be cautious as they look for vehicle repair services, and to be aware of con artists who offer these services unsolicited following severe weather. Rutledge also wants consumers to be aware of their rights and beware of the risks when buying damaged cars post-storm in ‘hail sales.’
“After severe weather, scammers pose as ethical contractors offering to repair the dings and dents caused by hail,” said Attorney General Rutledge. “Repairs can already be costly and time consuming without the threat of these con artists victimizing Arkansans. Further, some car dealerships will attempt to sell damaged cars to unsuspecting consumers at full price without disclosing the damage upfront.”
Oftentimes, repair con artists will charge higher than normal prices and demand up-front payment for services, but ultimately leave jobs incomplete or fail to begin the work at all.
The Attorney General offered the following tips to consumers who experience hail damage and need to repair their vehicles:
- Select a reputable repairer. Seek advice from family and friends about servicemen they trust, and never be afraid to ask the person or body shop for references.
- Get more than one estimate. This allows consumers to compare prices and avoid overpaying.
- Get everything in writing. A contract should contain details about the price of the work and any agreement on financing. It should indicate the exact work to be done, the type, and quality of materials to be used and the expected completion date.
- Never pay in advance. Consumers should always inspect the work before making the final payment to make sure the repairs meet their expectations.
Dents and dings caused by hail damage seldom affect the mechanics of a vehicle, but if consumers are planning to participate in a ‘hail sale’ they should be prepared. Buyers should obtain a disclosure of the damage in writing from the seller and also check with their own insurance carriers to see how the hail damage may impact coverage of future repairs.
For information on this and other consumer related topics, please call the Attorney General’s Consumer Protection Hotline is (800) 482-8982, or visit the Attorney General’s website at www.ArkansasAG.gov.
It is the Attorney General Calling…or is it?Thu, Mar 26, 2015
Unsolicited telephone calls can be annoying to Arkansas consumers, especially if the calls are from a business or marketing company trying to sell products or services that consumers do not want or need.
But what about when the telephone rings and it appears to be someone calling from a state agency, or even the Attorney General’s Office. Often times, consumers will listen and seek to comply with whatever the state agency needs from them.
Recently, the Attorney General’s Office has learned that scamming debt collectors are posing as the very state agencies that go after them, including the Attorney General’s Office.
Arkansas Attorney General Leslie Rutledge issued today’s consumer alert to warn Arkansans about this new scam and to offer tips on how best to avoid falling victim.
“As the State’s chief consumer advocate, this scam which claims my office is after consumers is extremely disturbing,” said Attorney General Rutledge. “If an Arkansan receives one of these types of calls and they are suspicious of what they are being asked to do, then hang up and make a call directly to the Attorney General’s Office at (800) 482-8982 or state agency to verify the validity of the request. The Attorney General’s Office would never make such a call.”
Consumers should not be fooled into sending money to these threatening con artists or providing them with any personal or financial information such as Social Security numbers, credit card numbers or bank account information. Receiving an uninitiated phone call that demands any of this information should immediately raise red flags.
Consumers should keep the following tips in mind to avoid this scam:
- The Attorney General, the congressional delegation, law enforcement or any federal or state agency do not work on behalf of third-party collectors or threaten arrest for unpaid debts.
- None of the abovementioned agencies seek or accept a prepaid debit card or wire transfer.
- If a consumer owes money, legitimate collectors must send a written validation notice.
- Do not confirm or provide personal or financial information over the phone or Internet.
Keep in mind that con artists do not follow the law anyway, so they disregard the do not call registry regularly. Technological advances allow for Caller ID spoofing, so that scammers can disguise the source of the call to evade prosecution.
When answering a suspicious, unwanted call, consumers should write down as much information as they can about the caller, including the name of the person calling, where they purport to be calling from and the phone number. Then, consumers should notify the Attorney General’s Office if they believe themselves to be victims of a scam.
The Attorney General’s Consumer Protection Hotline is (800) 482-8982, or consumers may visit the Attorney General’s website at www.ArkansasAG.gov.
To report violations to the Federal Trade Commission visit www.ftccomplaintassistant.gov or call (888) 225-5322.
What does the FOIA mean for you?Thu, Mar 19, 2015
As taxpayers who support governmental entities, Arkansans have a right to review an array of records at every level of government – state and local – and to attend the meetings of policy makers and private organizations that receive public funds and are intertwined with government.
That right is provided by the Arkansas Freedom of Information Act (FOIA), a law enacted by the General Assembly in 1967 after a strong push from a coalition of citizens and journalists and with the support of then-Gov. Winthrop Rockefeller. The bill passed the House and Senate without a dissenting vote. Governor Rockefeller later reflected that passage of the FOIA was one of the most significant achievements of his time in office.
Months later, in a landmark decision, the Arkansas Supreme Court was faced with interpreting the FOIA after a court challenge. In its opinion, the Court said: “We have no hesitation in asserting our conviction that the Freedom of Information Act was passed wholly in the public interest and is to be liberally interpreted to the end that its praiseworthy purposes may be achieved.”
The FOIA allows for access to most public records and meetings. The state’s FOIA, a law that is highly regarded across the United States as one of the strongest and most comprehensive, gains greater attention during National Sunshine Week. The annual week in mid-March works to highlight the importance of open and transparent government.
Arkansas Attorney General Leslie Rutledge issued today’s consumer alert in recognition of National Sunshine Week and to give consumers a greater understanding of the Arkansas FOIA.
“In Arkansas and across the country, the people must be armed with the power of knowledge and encouraged to be active, informed citizens,” said Attorney General Rutledge. “Arkansas has a strong FOIA that helps hold the government accountable and inform citizens about the issues that affect them. As the people’s lawyer, the Attorney General’s Office is committed to protecting the democratic ideal of an open and public government through the FOIA.”
For consumers seeking to gain a greater understanding of the Arkansas FOIA, the Attorney General’s Office joins with a number of other organizations to produce and distribute the Arkansas Freedom of Information Handbook. Print copies of the handbook are available upon request from the Attorney General’s Office and electronic copies of the handbook are available on the Attorney General’s website by visiting http://arkansasag.gov/media-center/foia/.
The FOIA gives the public access to public meetings and public records with some exceptions. The Act defines a public record as essentially any writing, sound or video that is kept and reflects the performance or lack of performance of an official function. Some public records are exempt from disclosure, such as personnel records whose disclosure would constitute a clearly unwarranted invasion of person privacy, or those records that are kept as part of an ongoing criminal investigation.
Requests for records may be made in person or by phone, but most requests are submitted in writing to the custodian of the records. Since most documents fall into the category of being in “active use” or in “storage,” most entities have up to three business days to produce the information requested.
Arkansans also have the right under the FOIA to attend most meetings of governing bodies. Notice of public meetings must be provided to anyone who has asked to be notified, and notice of special meetings must be provided to members of the news media who have requested notice of such meetings. Governing bodies may only enter into closed sessions for a limited number of reasons, one of which is for the purpose of considering employment, appointment, promotion, demotion, disciplining or resignation of an individual officer or employee.
Consumers who want to learn more about the FOIA can contact the Arkansas Attorney General’s Office at (800) 482-8982 or visit http://arkansasag.gov/media-center/foia/.
Avoid Getting Swept Away in Fake SweepstakesWed, Mar 11, 2015
Consumer answers their phone and a stranger immediately says, “Congratulations, you are a winner.” Over the past several weeks, reports of these types of calls have increased. Arkansans are being targeted by con artists posing as representatives of sweepstakes companies promising cash prizes.
Every year, thousands of Arkansans are notified by mail, e-mail, or phone, that they are winners in a sweepstakes or lottery. These million dollar prize packages or new cars can be tempting, but Arkansans should resist. These scammers usually ask for a “processing fee” related to the prize but it is a ruse to pocket the “fee” and steal financial information.
Arkansas Attorney General Leslie Rutledge issued today’s consumer alert on this common scam to caution Arkansans not to fall victim to these sweepstakes con artists.
“Con artists are looking for quick and easy ways to steal consumers’ money,” said Attorney General Rutledge. “What better way to do that than to convince consumers that they have won a big sweepstakes prize and need to pay a small fee to receive it? Arkansans should always remember that if they have not entered a sweepstakes competition or lottery it is highly unlikely that they are indeed a legitimate winner.”
Callers to the Attorney General’s Office are reporting receiving unsolicited phone calls from an individual claiming to be with Publishers Clearinghouse, a well-known sweepstakes company to most Americans. These callers are promising that consumers are winners and that if they pay a one-time fee, a representative of Publishers Clearinghouse will be on the way to present the consumer with their “winnings.” Most of the time these “winnings” are described as cash, but sometimes are a car or vacation package. Almost all of these calls request the consumer to wire money to a location outside the United States or provide the scammer with the number of a prepaid debit card.
By indicating that the “winnings” are ready to be delivered, these con artists can sound legitimate, but it is highly unlikely that the scammer knows the consumer’s location.
Legitimate sweepstakes or lottery winners are hardly ever notified through an unsolicited call, and legitimate businesses, such as Publishers Clearinghouse, would never require winners to wire money to receive a prize.
Regardless of how the consumer is notified, once the consumer turns over bank account information or wires the funds, there is a good chance the consumer will lose more money when their personal financial information is compromised. When money is wired to a foreign country, it is very difficult, if not almost impossible, to get it returned.
Attorney General Rutledge offers the following tips to consumers to avoid falling victim to sweepstakes scams:
- Consumers should not try to collect winnings from a sweepstakes they don’t remember entering.
- Never give out personal financial information.
- Do not pay any money up front in an attempt to claim a prize.
- Always remember, if it looks or seems too good to be true, it most likely is.
Consumers should ignore the bogus sweepstakes prizes and immediately call the Attorney General’s Consumer Protection Division to report the call and the number from which it originated. Consumers can contact the office via the Consumer Protection hotline at (800) 482-8982 or by visiting www.ArkansasAG.gov.
The Top 10 ListWed, Mar 4, 2015
National Consumer Protection Week, March 1 – 7, is a great time each year to remind consumers that con artists are seeking new ways to target consumers and steal their money. Sometimes these scams can lead to a monetary loss of a few hundred dollars or in some cases even more.
Thousands of Arkansans contact the Consumer Protection Division of the Arkansas Attorney General’s Office every year to ask for assistance with legitimate business disputes and sometimes to report scams or suspected fraud. The dedicated investigators in this division work diligently to aid each consumer who files a complaint.
In conjunction with National Consumer Protection Week, Arkansas Attorney General Leslie Rutledge issued today’s Consumer Alert to announce the 10 most common types of complaints fielded by the Attorney General’s Office during 2014. The Office handled and closed 8,120 consumer complaints in 2014, recovering more than $1.9 million via informal mediation efforts.
“The hardworking lawyers, investigators and staff of the Consumer Protection Division work every day to provide information and reach positive outcomes on behalf of Arkansas consumers,” said Attorney General Rutledge. “By providing information on the most common types of scams, consumers can be better prepared to avoid these con artists.”
The 10 most common complaint categories from 2014 were:
1. Automobile sales, service, financing and repair
2. Credit services, credit repair, and other financial services
3. Health care
4. Wireless and landline telephone services
5. Debt collection
6. Home improvement, repair and construction
9. Mortgages, foreclosures and home financing
10. Payday lending and other predatory lending practices
For three straight years, automobile-related transactions have been the most common type of complaint reported to the Consumer Protection Division. Purchasing a vehicle can be one of the most significant purchases a consumer makes. Sometimes consumers quickly notice when things are not exactly as they should be, but because the purchase of a vehicle is complicated, the consumer may not even be aware that a problem exists.
These automobile-related complaints often involve consumers reporting financing errors, high-pressure tactics to buy add-on services at the time of purchase, such as gap insurance, credit life or extended warranties, and sales misrepresentations. The division also receives complaints in which a dealer has failed to disclose the condition of the automobile, such as salvage history and odometer problems.
Consumers also report falling victim to illegal “yo-yo sales,” a term used to describe when a car buyer drives a vehicle off the lot with an agreement that financing will be finalized at a later date, and then returns to find the terms of the agreement have changed.
The credit and financial services category is the second most common complaint for the second year in a row. This category includes credit repair complaints, issues with credit reporting, and complaints about credit cards and banking and financial services in general. For instance, credit repair companies may promise to “erase” bad credit, but many times the consumer turns over large amounts of money only to see it disappear and little to nothing occurs to improve the score.
The third most common complaint in 2014 was health care related disputes. Consumers report problems with medical equipment sales, medical billing from doctors, hospitals, and clinics, unauthorized Medicare enrollment and prescription drug costs.
The Arkansas Attorney General’s website, www.ArkansasAG.gov, contains information about every common complaint category, as well as other general tips. Consumers can also contact the office via the Consumer Protection hotline at (800) 482-8982.