Caregivers Can Take Advantage of Free Credit Freeze Law

Published in the Woonsocket Call on October 14, 2018

Attorney General Peter F. Kilmartin touts a new federal consumer protection law, signed into law by President Donald Trump on May 24, 2018, that protects seniors from becoming victims of financial exploitation. Rhode Island’s Attorney General says that this law enhances Rhode Island’s law prohibiting credit reporting agencies from charging fees for credit freezes,(also referred to as a security freeze).

With enactment of the Economic Growth, Regulatory Relief, and Consumer Protection Act, all consumers can now freeze and unfreeze their credit file for free for one year. Before this new law, fees were assessed, usually costing from $3 to $10 (though some states were free) to restrict access to your credit file, making it harder for others to open new accounts in another person’s name.

The new law lets people with certain legal authority to act on someone else’s behalf to freeze and unfreeze their credit file. It defines a “protected consumer” as an incapacitated person, someone with an appointed guardian or conservator, or a child under the age of 16. In addition, it extends the duration of a fraud alert on a consumer’s credit report from 90 days to one year. A fraud alert requires businesses that check a consumer’s credit to get the consumer’s approval before opening a new account.

“Many instances of financial exploitation include a person opening up credit cards or using the credit file of another for personal gain and identity theft. This added layer of protection will allow a guardian or financial caregiver the ability better safeguard the older person from being taken advantage of by a stranger or even someone they know and thought they could trust,”says Kilmartin.

To place a credit freeze on their accounts, consumers will need to contact all three nationwide credit bureaus: Equifax, Experian, and TransUnion. If you’re acting on behalf of a protected consumer, you must give the credit reporting agencies proof of authority before you can freeze and unfreeze the protected consumer’s credit. Proof of authority includes: a court order (such as an order naming you guardian or conservator; a valid power of attorney, and proof of your identity, which can be a Social Security card, birth certificate, driver’s license or other government issued identification.

Whether consumers ask for a freeze online or by phone, the credit bureau must put the freeze in place within one business day. When consumers request to lift the freeze by phone or online, the credit bureaus must take that action within one hour. (If consumers make these requests by mail, the agency must place or lift the freeze within three business days).
To place a fraud alert, consumers need only contact one of the three credit bureaus, which will notify the other two bureaus.

Rhode Island’s Credit Freeze Law

Filed at the request of Kilmartin and enacted earlier this year, the Rhode Island law eliminates a provision of existing state law that allows reporting agencies to charge up to $10 to consumers who ask for a credit freeze.

The legislation, which the sponsors introduced on behalf of Rhode Island Attorney General Kilmartin, stems from the Equifax security breach last year during which the credit information of 143 million Americans was exposed. Initially, Equifax was charging consumers who asked for a credit freeze to protect themselves from its own security breach, although it stopped after intense public outcry and pressure from numerous attorneys general.

At the time the law was enacted, Kilmartin said, “This is a big victory for Rhode Island consumers, giving them greater control over who can access their personal and financial information. Credit bureaus make money from selling our personal information to third parties. They should not be able to profit off consumers who decide to take control over who has access to their personal data.”

Protecting Rhode Island’s Seniors

“AARP applauds all efforts to protect older Rhode Islanders from phone and online credit scams that lead to identity theft,” says AARP Rhode Island State Director Kathleen Connell. “Clearly, many consumers, and especially many of Rhode Island’s 134,000 caregivers, will consider taking advantage of this new option. It certainly complements the work we are doing as part of AARP Fraud Watch to thwart con artists who prey relentlessly on people of all ages.

“In the case of older Rhode Islanders, life savings can be at risk. “The new federal law allows caregivers to acquire legal authority to freeze a loved one’s credit reports, and that’s a good thing. But it is important to note that there are many things a caregiver should consider. Basically, caregivers need to have conversations about the threat and what everyone should be doing to protect against credit theft,” she added.

AARP’s John Martin said when he presents the Fraud Watch program to community groups he urges people to think about fraud prevention in the same way training and professional development is part of their work experience. “In the workplace, your job includes being up to speed on the latest policies, regulations and best practices,” Martin tells audiences. “Lawyers read law reviews, doctors read medical journals, tugboat captains read The Shipping News. Failure to do so could lead to a missed opportunity or a big mistake. Given the enormous threats out there, we all should consider keeping up on the latest scams and implementing precautions something like a part-time job that requires similar diligence. To do otherwise increases your risk and the stakes are frighteningly high.”

Connell warns not to forget the basics. “AARP provides common-sense advice, awareness and precautions as well as alerts when new scams are exposed or an old one reappears,” she says. “Don’t be passive and please do encourage older family members to be on guard. We are all in this together.”

Anyone can sign up for the free Fraud Watch Network service at http://www.aarp.org/RIFraudwatch to receive alerts and report scams or other suspicious activity.

Reporting Financial Exploitation

The Rhode Island Office of the Attorney General recommends that if you believe you or an older relative are victims of financial exploitation, contact your local police department, the Rhode Island Division of Elderly Affairs, or the Elder Abuse Unit at the Rhode Island Office of the Attorney General.

If you would like an investigator at the Elder Abuse Unit or an investigator with the Consumer Protection Unit to speak with your organization on the signs of elder abuse or how to protect from being a victim of a scam, please contact Mickaela Driscoll, Elder Abuse Investigator, at mdriscoll@riag.ri.gov or Martha Crippen, Director of the Consumer Protection Unit, at mcrippen@riag.ri.gov or by calling 401-274-4400.

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Tis’ the Season to Get Ripped Off, if Your’re Not Careful

 

Published in Pawtucket Times on November 23, 2015 

             With just a little over 30 days left to Christmas, a newly released AARP Fraud Watch Network telephone poll finds that 70 percent of American consumers failed a quiz about how to protect themselves from common holiday scams.  Many of the survey’s respondents, age 18 and over, say they are regularly engaging in risky behaviors which could put them at risk of being victimized by con artists during the approaching holidays..

The 26-page report, “Beware the Grinch: Consumers at Risk of Being Scammed During the Holidays,” details AARP’s random polling results of consumers about their knowledge of the most common scams occurring before holidays, including those related to charitable giving, gift cards, package deliveries, and use of public Wi-Fi.  Seventy percent of the respondents were only able to answer correctly four or fewer questions out of a total of seven questions

“While most of us focus on family and friends during the holidays, fraudsters are zeroing in on our wallets and bank accounts,” warns Nancy LeaMond, Chief Advocacy & Engagement Officer, AARP.  “We’re encouraging consumers to elevate their awareness of some emerging and popular scams, and to also share the information with their families to help keep them safe this holiday season,” she says.

Prompted by the dismal survey results, AARP’s Fraud Watch Network has launched an education campaign, including a new web page, www.aarp.org/money/scams-fraud/fraud-watch-network, specifically designed to educate the public about the top five holiday scams:

Charitable Giving

According to the National Philanthropic Trust, in 2015 Americans gave $358 billion dollars to charity.  Government officials who regulate nonprofit charities and fundraisers say that while most charities are legitimate, there are many fundraisers, especially telemarketers, who keep 85-90% of the money they raise.

AARP’s survey finds that 70 percent of the respondents who donated to a charity or fundraiser in the past 12 months did so without even asking any questions about how that donation would be spent, and 60 percent made donations without verifying that the charity groups were legally authorized to raise money in their state. .

The pollsters say that about a third of the respondents admitted that they don’t know (15%) or aren’t sure (18%) that, in most states, professional fundraisers must be registered with the government and report how much funds they raise and how much goes to the charitable purpose.  Less than one in ten (8%) could correctly name the government agency they should contact to verify the legitimacy of the charity or fundraiser (the correct answer: Office of the State Secretary).

Gift Cards

Fraud experts warn that scammers sometimes hit store gift card racks, secretly write down or electronically scan the numbers off the cards, then check online or call the toll-free number to see if someone has bought the cards and activated them. As soon as a card is active, the scammers drain the funds.

Fifty-eight percent of AARP’s survey respondents say they plan to buy gift cards from a rack at a big box store, pharmacy or grocery store this holiday season for gifts.  Only 54 percent knew that the gift cards purchased from a gift card rack at retail stores are “not safe” from hackers or thieves than gift cards purchased online.

Pull Out that Credit Card

The AARP survey findings note that almost two-thirds of the holiday shoppers surveyed (64%) say they will buy holiday gifts this year using a debit card.  Consumer protection experts advise using credit cards rather than debit cards for most purchases, to better protect the buyer from fraud and theft.  With credit cards, you are financially liable for only up to $50 of fraudulent use.  But with a lost or stolen debit card, the scam can be more costly and hit you hard in your pocketbook

Surf Safely on Public Wi-Fi

The survey findings found that holiday shoppers incorrectly believe that it is safe to access “sensitive” financial information via a free Wi-Fi network.   About 52 percent of internet users in this survey say they will use free public Wi-Fi in making purchases or to do their banking.  Many of them, while using public Wi-Fi, will make purchases (42%), access their bank accounts (28%), and check their credit card accounts (16%).

Package Signoffs Reduce Scams

The AARP survey findings indicate that over 40 percent of holiday shoppers are unaware that package delivery companies are not responsible for stolen packages that are left at your front door without requiring a delivery signature.  Seventy nine percent of the respondents claim that they ship packages to friends without requiring a signature at least some of the time. Seventy-three percent indicate that they have received home deliveries without having to provide a signature “some” or “all of the time.”

AARP Fraud Watch Protects Consumers

In Rhode Island, AARP has deployed a corps of volunteers who travel around the Ocean State, with a presentation introducing the Fraud Watch Network and offering attendees free copies of “The Con Artist’s Playbook, a brochure written by former con artists, revealing their techniques they use to steal identities. Fraud Watch was AARP’s central theme at last summer’s tournament week at the Newport-based International Tennis Hall of Fame and volunteers were enrolling people as recently as last week at a Providence Bruins game. To date, more than 1,200 Rhode Islanders have signed up for the free fraud alert this year.

“Con artists think they can bully people into forking over their hard-earned money,” AARP Rhode Island State Director Kathleen Connell said. “That’s why today, we’re turning the tables on them and arming Rhode Islanders with the information they need. This require constant vigilance, and the upcoming holiday season is a time when con artists up their game,” she says.

Connell notes that groups of a dozen or more can request a Fraud Watch presentation by calling the AARP state office at 401-248-2671. In 2016, AARP wants to train more volunteers to present Fraud Watch in their communities and to point people to AARP resources designed to combat fraud.

People are more aware of telephone and online scams than ever before,” Connell said. “But the con artists manage to keep one step ahead, inventing new and disarming ways to punch people’s emotional buttons and lead them to a place where they make bad and sometime terribly costly decisions.”

Attorney General Peter F. Kilmartin whose office works to alerts and educate consumers about the latest scams making their way through Rhode Island noted that despite the news of increased scams during the holidays, a little perspective is important, “the true meaning of Christmas is about celebrating family and friends and being thankful for what we have.”