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Sacramento,#2Consumer Comment
Sun, November 28, 2004
The following is taken from a Press Release from the Federal Trade Commission: FTC, States and Canadian Provinces Launch Crackdown on Outfits Falsely Promising Credit Cards and Loans for an Advance Fee In another aggressive sweep targeting corporations and individuals that promise loans and credit cards for an advance fee, but never deliver them, the Federal Trade Commission, state Attorneys General and other state agencies today announced the results of the latest crackdown on telemarketing companies and individuals allegedly engaging in advance fee loan scams. Since September 1999, over 4200 consumer complaints against these scams were entered into Consumer Sentinel, a multi-agency law enforcement investigative cyber tool. During this period, advance fee loan scams ranked fourth based on the total number of Sentinel complaints, and caused over $1 million in consumer injury. "Operation Advance Fee Loan 2000" -- a multi-agency law enforcement sweep against fraudulent advance fee credit schemes -- is a follow-up to three previous sweeps announced in 1996, 1997 and 1999. "Operation AFL 2000" involves five cases filed by the Commission, thirteen actions taken by state Attorneys General and/or other state officials, and three cases filed by Canadian law enforcement authorities who have taken criminal actions against Canadian advance fee loan scam operators that prey on Canadian and American citizens. "Advance fee credit scams are especially outrageous because they prey on the most vulnerable consumers who are in need of credit or a loan," said Jodie Bernstein, Director of the Federal Trade Commission's Bureau of Consumer Protection. "Working with the states and our Canadian partners, we are stopping lenders who illegally charge consumers a fee for the promise of a loan or credit card. Our warning to these disreputable lenders is, we will track you down and stop your illegal practices. Our message to consumers is, don't pay for a promise -- it's illegal for lenders to ask you to pay for credit before you get it." According to the FTC, fraudulent advance fee loan schemes prey on particularly susceptible consumers -- students, the elderly, the unemployed, the working poor, those who have bad credit ratings, or those in immediate need of money for emergencies. Most advance fee loan scam artists snare consumers through cold calls, or in response to advertisements in various local newspapers, on cable television, on the Internet and through direct mail. Ads promising "money to loan ... regardless of credit history" lure consumers into paying fees that range from $45 to $149 or more, in advance of receiving "guaranteed" loans or credit cards. In many instances, consumers never receive the promised credit, and either never hear from the lenders again or are merely sent credit card or loan applications. Under the FTC's Telemarketing Sales Rule (TSR), a telemarketer who guarantees consumers a loan or other form of credit, or who claims he or she can arrange such credit for a consumer, is prohibited from asking consumers to pay any money before they receive the loan or credit. The Rule empowers each of the state Attorneys General to file actions in federal court and seek an order that applies nationwide against Rule violators. Some of the cases announced today (see list below) allege Rule violations; others allege violations of the FTC Act or state laws that prohibit unfair or deceptive practices. These latest actions show a continuing, coordinated effort among domestic and international law enforcement agencies to combat such fraud. ---Click on the link to view the Press Release in it's entirety. http://www.ftc.gov/opa/2000/06/afl2000.htm