Fraud Losses By Consumers More Than $5.8 Billion In 2021

Feb 22, 2022 | Blog, Consumer Protection

FTC Received 2.8 Million Fraud Reports From Consumers In 2021

Federal Trade Commission data shows that consumers reported losing more than $5.8 billion to fraud in 2021, an increase of more than 70 percent over the previous year.

The FTC received fraud reports from more than 2.8 million consumers last year, with the most commonly reported category once again being imposter scams, followed by online shopping scams.

Prizes, sweepstakes, and lotteries; internet services; and business and job opportunities rounded out the top five fraud categories.

Of the losses reported by consumers, more than $2.3 billion of losses reported last year were due to imposter scams (up from $1.2 billion in 2020), while online shopping accounted for about $392 million in reported losses from consumers, up from $246 million in 2020.

Consumer Sentinel Network 2021 Data Book

In 2021, the Consumer Sentinel Network took in over 5.7 million reports, an increase from 2020. – Fraud: 2.8 million (49% of all reports) – Identity theft: 1.4 million (25%) – Other: 1.5 million (27%)

In 2021, people filed more reports about Identity Theft (25.0% of all reports), in all its various forms, than any other type of complaint. Imposter Scams, a subset of Fraud reports, followed with 984,756 reports from consumers in 2021 (17.2% of all reports). Credit Bureaus, Information Furnishers and Report Users (10.3% of all reports) rounded out the top three reports to Sentinel.

Fraud

There were over 984,000 imposter scam reports to Sentinel. Seventeen percent of those reported a dollar loss, totaling over $2.3 billion lost to imposter scams in 2021. These scams include, for example, romance scams, people falsely claiming to be the government, a relative in distress, a well-known business, or a technical support expert, to get a consumer’s money.

Of the nearly 2.8 million fraud reports, 25% indicated money was lost. In 2021, people reported losing more than $5.8 billion to fraud – an increase of $2.4 billion over 2020.

The median loss for all fraud reports in 2021 is $500. Among the top 10 frauds reported, the median individual losses were highest in these categories: – Investment Related ($3,000) – Foreign Money Offers and Counterfeit Check Scams ($2,000) – Business and Job Opportunities ($1,991)

Telephone was the method of contact for 36% of fraud reports with a contact method identified. Nine percent of those reports indicated a money loss – but that 9% reported an aggregate loss of nearly $692 million, and a $1,200 median loss.

Bank transfers and payments accounted for the highest aggregate losses reported in 2021 ($756 million), followed closely by Cryptocurrency ($750 million), while credit cards were most frequently identified as the payment method in fraud reports.

Of people who reported their age, those aged 20-29 reported losing money to fraud in 41% of reports filed with the FTC, while people aged 70 – 79 reported losing money in 18% of their reports and people 80 and over reported it in 17% of their reports. But when they did experience a loss, people aged 70 and older reported much higher median losses than any other age group.

Identity Theft

Government Documents or Benefits Fraud tops the list of identity theft types reported in 2021. The FTC received 395,948 reports from people who said their information was misused to apply for a government document or benefit, such as unemployment insurance.

Military

Military consumers reported over 110,000 fraud complaints, including 44,039 imposter scams that reportedly cost them over $103 million in 2021.

Top States

The states with the highest per capita rates of reported fraud in 2021 were Georgia, Maryland, Delaware, Nevada, and Florida. For reported identity theft, the top states in 2021 were Rhode Island, Kansas, Illinois, Louisiana, and Georgia.

Source: FTC.gov

Consumer Product Safety Recall Alerts – Has your product been recalled?

Feb 17, 2022 | Blog, Consumer Protection

Product Recall & Safety Information For Consumers To Ensure They Are Aware Of Dangerous Or Potentially Unsafe, Hazardous Or Defective Products

To see if a product is unsafe before you buy it, please click: Unsafe Products Report Search. 

To search for the latest recall information, to report a dangerous product or to learn about important safety tips, please click: Online Resource for Recalls.

FDA Orders Philips Respironics to Notify Patients Regarding the Recall of Certain Breathing Assistance Machines – The FDA has determined that this order is necessary to eliminate the unreasonable risk of harm posed by the recalled products, because the company’s notification efforts to date have been inadequate. For more information, please CLICK HERE.

Fitbit Recalls Ionic Smartwatches; One Million Sold in the U.S. Hazard: The lithium-ion battery in the Ionic smartwatch can overheat, posing a burn hazard. For more information, please click Recall 22-089. 

Lovevery Recalls Drinking Cup With Handle in The Inspector Play Kits Due to Choking Hazard – Hazard: The handle can detach from the steel cup, posing a choking hazard to young children. For more information, please click Recall 22-730. 

Yamaha Recalls Golf Cars and Personal Transportation Vehicles Due to Risk of Injury or Death – Hazard: The recalled vehicles can have brake failure, posing a crash hazard that could result in injury or death to the user or bystander. For more information, please click Recall 22-726. 

Zeno Recalls Infant Walkers Due to Fall and Entrapment Hazards – Hazard: The infant walkers fail to meet the federal safety standard. They can fit through a standard doorway and are not designed to stop at the edge of a step as required by the federal safety standard. The walkers also have leg openings that allow the child to slip down until the child’s head can become entrapped at the neck. Babies using these walkers can be seriously injured or killed. For more information, please click Recall 22-724. 

BrushX Hot Air Brushes Recalled Due to Electrocution or Shock Hazard – Hazard: The recalled hot air brushes do not have an immersion protection device, posing an electrocution or shock hazard to the user if it falls into water when plugged in. For more information, please click: Recall 22-725. 

Valco Baby Recalls Snap Duo Trend Strollers Due to Fall Hazard – Hazard: The stroller’s front wheels can break off while in use, causing the strollers to fall unexpectedly, posing a fall hazard to children in the stroller. For more information, please click: Recall 22-083. 

Viking Range Recalls Freestanding Gas Ranges Due to Risk of Gas Leak and Fire Hazard – Hazard: The rigid gas tubing can separate at the joint to the bake, broil and griddle burners, posing a risk of a gas leak and fire hazard when these burners are in operation. For more information, please click Recall 22-082. 

Voluntary Nationwide Recall of Sure and Brut Aerosol Sprays Due to the Presence of Benzene – Hazard: Benzene is classified as a human carcinogen. Exposure to benzene can occur by inhalation, orally, and through the skin and it can result in cancers including leukemia and blood cancer of the bone marrow and blood disorders which can be life-threatening. Benzene is prevalent in the environment. Humans around the world have daily exposures to it indoors and outdoors from multiple sources. To date, no reports of adverse events related to this recall have been reported. This voluntary recall is being conducted out of an abundance of caution. For more information, please click: Sure, Brut.

Do you own a Beretta firearm with a synthetic stock or pistol grip?

Feb 1, 2022 | Blog, Consumer Protection

Investigation On Behalf of Owners Of Beretta Firearms, Including Beretta Shotguns, Beretta Rifles, and Beretta Pistols, Assembled With a Synthetic Stock or Pistol Grip

Kehoe Law Firm, P.C. is investigating potential consumer class action claims on behalf of individuals in the United States who purchased a Beretta firearm with a synthetic stock or pistol grip anytime from 1999 through January 31, 2022.

The investigation concerns whether, after several years of normal and expected use, the rubberized inserts on the synthetic stocks degrade to become extremely sticky or tacky to the touch, thereby impeding and diminishing the ability of Beretta owners to use their Beretta firearms in a manner reasonably expected. Beretta owners of these degraded stocks and fore-ends generally refer to this degradation as “Beretta sticky stock.” 

U.S. Purchasers Of Beretta Firearms, Including Beretta Shotguns, Beretta Rifles, and Beretta Pistols

If you purchased a Beretta firearm with a synthetic stock or pistol grip anytime from 1999 through January 31, 2022, you are encouraged to contact Kehoe Law Firm, P.C. for a no-obligation evaluation of potential legal claims by completing the form above on the right or via e-mail to [email protected]. 

Kehoe Law Firm, P.C.

Can I get a free credit report? What information is in my credit file?

Feb 1, 2022 | Blog, Consumer Protection

A Summary Of Major Consumer Rights Under The Fair Credit Reporting Act*

The federal Fair Credit Reporting Act (“FCRA”) promotes the accuracy, fairness, and privacy of information in the files of consumer reporting agencies.  There are many types of consumer reporting agencies, including credit bureaus and specialty agencies, such as agencies that sell information about check writing histories, medical records, and rental history records.

You must be told if information in your file has been used against you.  Anyone who uses a credit report or another type of consumer report to deny your application for credit, insurance, or employment – or to take another adverse action against you – must tell you, and must give you the name, address, and phone number of the agency that provided the information.

You have the right to know what is in your file.  You may request and obtain all the information about you in the files of a consumer reporting agency (your “file disclosure”).  You will be required to provide proper identification, which may include your Social Security number.  In many cases, the disclosure will be free.

You are entitled to a free file disclosure if:

• a person has taken adverse action against you because of information in your credit report;
• you are the victim of identity theft and place a fraud alert in your file;
• your file contains inaccurate information as a result of fraud;
• you are on public assistance;
• you are unemployed but expect to apply for employment within 60 days.

All consumers are entitled to one free disclosure every 12 months upon request from each nationwide credit bureau and from nationwide specialty consumer reporting agencies.

You have the right to ask for a credit score.  Credit scores are numerical summaries of your credit-worthiness based on information from credit bureaus.  You may request a credit score from consumer reporting agencies that create scores or distribute scores used in residential real property loans, but you will have to pay for it.  In some mortgage transactions, you will receive credit score information for free from the mortgage lender.

You have the right to dispute incomplete or inaccurate information.  If you identify information in your file that is incomplete or inaccurate, and report it to the consumer reporting agency, the agency must investigate unless your dispute is frivolous.

Consumer reporting agencies must correct or delete inaccurate, incomplete, or unverifiable information.  Inaccurate, incomplete, or unverifiable information must be removed or corrected, usually within 30 days.  A consumer reporting agency, however, may continue to report information it has verified as accurate.

Consumer reporting agencies may not report outdated negative information.  In most cases, a consumer reporting agency may not report negative information that is more than seven years old, or bankruptcies that are more than 10 years old.

Access to your file is limited.  A consumer reporting agency may provide information about you only to people with a valid need – usually to consider an application with a creditor, insurer, employer, landlord, or other business.

You must give your consent for reports to be provided to employers.  A consumer reporting agency may not give out information about you to your employer, or a potential employer, without your written consent given to the employer.  Written consent generally is not required in the trucking industry.

You may limit “prescreened” offers of credit and insurance you get based on information in your credit report.  Unsolicited “prescreened” offers for credit and insurance must include a toll-free phone number you can call if you choose to remove your name and address form the lists these offers are based on.  You may opt out with the nationwide credit bureaus at 1-888-5-OPTOUT (1-888-567-8688).

An FCRA Right With Respect To Nationwide Consumer Reporting Agencies – Consumers Have The Right To Obtain A Security Freeze

You have a right to place a “security freeze” on your credit report, which will prohibit a consumer reporting agency from releasing information in your credit report without your express authorization.

The security freeze is designed to prevent credit, loans, and services from being approved in your name without your consent.  You, however, should be aware that using a security freeze to take control over who gets access to the personal and financial information in your credit report may delay, interfere with, or prohibit the timely approval of any subsequent request or application you make regarding a new loan, credit, mortgage, or any other account involving the extension of credit.

As an alternative to a security freeze, you have the right to place an initial or extended fraud alert on your credit file at no cost.  An initial fraud alert is a one-year alert that is placed on a consumer’s credit file.  Upon seeing a fraud alert display on a consumer’s credit file, a business is required to take steps to verify the consumer’s identity before extending new credit.  If you are a victim of identity theft, you are entitled to an extended fraud alert, which is a fraud alert lasting 7 years.

A security freeze does not apply to a person or entity, or its affiliates, or collection agencies acting on behalf of the person or entity, with which you have an existing account that requests information in your credit report for the purposes of reviewing or collecting the account.  Reviewing the account includes activities related to account maintenance, monitoring, credit line increases, and account upgrades and enhancements.

Common Errors You Should Look For On Your Credit Report

Identity Errors

• Errors made to your identity information (e.g., wrong name, phone number, address)
• Accounts belonging to another person with the same or a similar name as yours (known as a “mixed file”)
• Incorrect accounts resulting from identity theft

Incorrect Reporting Of Account Status

• Closed accounts reported as open
• You are reported as the owner of the account, when you are actually just an authorized user
• Accounts that are incorrectly reported as late or delinquent
• Incorrect date of last payment, date opened, or date of first delinquency
• Same debt listed more than once (possibly with different names)

Data Management Errors

• Reinsertion of incorrect information after it was corrected
• Accounts that appear multiple times with different creditors listed, especially in the case of delinquent accounts or accounts in collections

Balance Errors

• Accounts with an incorrect current balance
• Accounts with an incorrect credit limit

For more information about disputing credit report errors, please click Can I fix errors on my credit report?

Can I Take Legal Action If I Have Been Harmed By Violations Of The Fair Credit Reporting Act?

Yes, you may seek damages from violators.  If a consumer reporting agency, or, in some cases, a user of consumer reports or a furnisher of information to a consumer reporting agency violates the FCRA, you may be able to sue in state or federal court. States also may enforce the FCRA, and many states have their own consumer reporting laws.  In some cases, you may have more rights under state law.  

Have You Been The Victim Of Fair Credit Reporting Act Violations?

Individuals who believe they have been harmed by violations of the Fair Credit Reporting Act are encouraged to contact Kehoe Law Firm, P.C. for a free, no-obligation evaluation of potential legal claims by completing the form above on the right or via e-mail to [email protected] 

Kehoe Law Firm, P.C.

*Source: Consumer Financial Protection Bureau, Consumerfinance.gov (Accessed 01.31.2022)

Can I fix errors on my credit report? How To Dispute Credit Report Errors

Jan 31, 2022 | Blog, Consumer Protection

Guidance From The Consumer Financial Protection Bureau For Consumers Who Want To Dispute Errors On Their Credit Report

What is a credit report?

A credit report is a statement that has information about your credit activity and current credit situation, such as loan paying history and the status of your credit accounts.

Most people have more than one credit report. Credit reporting companies, also known as credit bureaus or consumer reporting agencies, collect and store financial data about you that is submitted to them by creditors, such as lenders, credit card companies, and other financial companies. Creditors are not required to report to every credit reporting company.

Lenders use these reports to help them decide if they will loan you money or what interest rates they will offer you.

Lenders also use your credit report to determine whether you continue to meet the terms of an existing credit account.

Other businesses might use your credit reports to determine whether to offer you insurance; rent a house or apartment to you; provide you with cable TV, internet, utility, or cell phone service. If you agree to let an employer look at your credit report, it may also be used to make employment decisions about you.

Credit reports often contain the following information:

Personal information (e.g., Your name and any name you may have used in the past in connection with a credit account, including nicknames; current and former addresses; birth date; Social Security Account Number; telephone numbers)

Credit accounts (e.g., Current and historical credit accounts, including the type of account – mortgage, installment, revolving, etc.; credit limit or amount; account balance; account payment history; date the account was opened and closed; name of the creditor)

Public records (e.g., Liens; Foreclosures; Bankruptcies; Civil suits and judgments)

A credit report may include information on overdue child support provided by a state or local child support agency or verified by any local, state, or federal government agency.

Inquiries – Companies that have accessed your credit report.

When reviewing your credit report, check that it contains only items about you. Make sure you look for information that is inaccurate or incomplete.

What are common credit report errors that I should look for on my credit report?

Identity errors (e.g., Errors made to your identity information, such as wrong name, phone number, address; accounts belonging to another person with the same or a similar name as yours; incorrect accounts resulting from identity theft)

Incorrect reporting of account status (e.g.,Closed accounts reported as open; you are reported as the owner of the account, when you are actually just an authorized user; accounts that are incorrectly reported as late or delinquent; incorrect date of last payment, date opened, or date of first delinquency; same debt listed more than once, possibly with different names)

Data management errors (e.g., Reinsertion of incorrect information after it was corrected; accounts that appear multiple times with different creditors listed, especially in the case of delinquent accounts or accounts in collections)

Balance Errors (e.g., Accounts with an incorrect current balance; accounts with an incorrect credit limit)

If you find errors, you should contact the credit reporting company who sent you the report, and the creditor or company that provided the information (known as the “furnisher” of the information).

How do I dispute an error on my credit report?

To dispute an error on your credit report, contact the credit reporting company AND the company that provided the information.

Dispute the information with the credit reporting company

If you identify an error on your credit report, you should start by disputing that information with the credit reporting company (Experian, Equifax, and/or Transunion). You should explain in writing what you think is wrong, why, and include copies of documents that support your dispute. You can also use the CFPB’s instructions  and template letter  as a guide.

If you mail a dispute, your dispute letter should include:

1. • Contact information for you including complete name, address, and telephone number
   • Report confirmation number, if available
   • Clearly identify each mistake, such as an account number for any account you may be disputing
   • Explain why you are disputing the information
   • Request that the information be removed or corrected
   • Enclose a copy of the portion of your credit report that contains the disputed items and circle or highlight the disputed items. You should include copies (not originals) of documents that support your position.

You may choose to send your letter of dispute to credit reporting companies by certified mail and ask for a return receipt, so that you will have a record that your letter was received.

Contact the nationwide credit reporting companies online, by mail, or by phone

Equifax: Online at www.equifax.com/personal/credit-report-services/credit-dispute/; mail the dispute form with your letter to Equifax Information Services LLC, P.O. Box 740256, Atlanta, GA 30348; or contact the telephone number provided on the credit report or (866) 349-5191.

Experian: Online at www.experian.com/disputes/main.html; mail to the address provided on your credit report or mail your letter to Experian, P.O. Box 4500, Allen, TX 75013; or contact the phone number provided on the credit report or (888) 397-3742.

TransUnion: Online at https://dispute.transunion.com; mail the dispute form with your letter to TransUnion LLC, Consumer Dispute Center, P.O. Box 2000, Chester, PA 19016; or contact telephone (800) 916-8800.

Be sure to keep copies of your dispute letter and enclosures.

Dispute the information with the company who provided the information (also known as the furnisher)

If you would like to submit a dispute regarding the information a company provided to the credit reporting company, use our instructions, along with a template letter as a guide (examples of information furnishers are your bank, your apartment landlord, or your credit card company).

What happens after you dispute information on your credit report?

Credit reporting companies must investigate your dispute, forward all documents to the furnisher, and report the results back to you unless they determine your claim is frivolous. If the consumer reporting company or furnisher determines that your dispute is frivolous, it can choose not to investigate the dispute so long as it sends you a notice within five days saying that it has made such a determination.

If the furnisher corrects your information after your dispute, it must notify all of the credit reporting companies it sent the inaccurate information to, so they can update their reports with the correct information.

If the furnisher determines that the information is accurate and does not update or remove the information, you can request the credit reporting company to include a statement explaining the dispute in your credit file. This statement will be included in future reports and provided to whoever requests your credit report.

What if my dispute is ignored or I disagree with the results of a credit report dispute?

Consumers sometimes file multiple disputes, and even bring lawsuits, to get inaccurate information corrected in their credit reports. When consumers make a dispute, they often fail to get an adequate answer, or any answer at all, from the credit reporting company. You have rights under federal law if this happens to you.

The Fair Credit Reporting Act (“FCRA”) is the federal law that, among other rights, gives you the right to dispute incomplete or inaccurate information. The credit reporting company must take certain steps when you notify them of an error. Once notified of an error, FCRA requires the credit reporting companies to do a reinvestigation after you dispute the accuracy or completeness of the information, unless your dispute is “frivolous.”

If a credit reporting company does not respond to your dispute or does not respond adequately, you have certain rights. 

You have the right to add a statement to your credit file. If an investigation does not resolve your dispute with the credit reporting company, you can ask that a brief statement of the dispute be included in your file and included or summarized in future credit reports. Your right to include a statement in your file only applies to disputes you have submitted to a credit reporting company, not to disputes that you have submitted directly to companies that provided the wrong information to the credit reporting company.

You have the right to bring a lawsuit. If the credit reporting company violates the FCRA, they can be held liable for actual damages and attorney fees. In the case of a willful failure to comply with FCRA requirements, the company can be liable for actual or statutory damages and punitive damages. There are time limits on when you would have to bring a lawsuit, so make sure you are aware of any deadlines by discussing your circumstances with a licensed attorney. 

You can also submit a complaint with the CFPB online or by calling (855) 411-CFPB (2372). A complaint can also be submitted to your state attorney general . Your state may have additional protections for consumers beyond the FCRA.

Many companies promise to “repair” or “fix” your credit for an upfront fee. Importantly, however, no one can remove negative information, such as late payments, from a credit report if it is accurate. You can only get your credit report fixed if it contains errors, and you can do that on your own at no cost.

How do I get a copy of my credit reports?

You are entitled to a free credit report every 12 months from each of the three major consumer reporting companies (Equifax, Experian and TransUnion).

You can request and review your free report through one of the following ways:

Online: AnnualCreditReport.com 

Phone: Call (877) 322-8228

Mail: Download and complete the Annual Credit Report Request form . Mail the completed form to Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281

You can request all three reports at once or you can order one report at a time. By requesting the reports separately (for example, one every four months) you can monitor your credit report throughout the year. Once you have received your annual free credit report, you can still request additional reports. By law, a credit reporting company can charge no more than $13.50 for a credit report.

You are also eligible for reports from specialty consumer reporting companies. We put together a list of several of these companies, so you can see which ones might be important to you. You have to request the reports individually from each of these companies. Many of the companies in this list will provide a report for free every 12 months. Other companies may charge you a fee for your report.

You can get additional free reports, if any of the following apply to you:

• You received a notice that you were denied credit, insurance, or employment or experienced another “adverse action” based on a credit report, you have a right to a free report from the credit reporting company identified in the notice. To get the free report you must request it within 60 days after you receive the notice. Other types of “adverse action” notices you might receive include notice of an unfavorable change in the terms or amount of your credit or insurance coverage, or unfavorable changes in the terms of your employment or of a license or other government benefit.
• You believe your file is inaccurate due to fraud.
• You have requested a credit report from a nationwide credit reporting company in connection with the placing of an initial fraud alert (you may request two free copies for an extended fraud alert).
• You are unemployed and intend to apply for employment within 60 days from the date of your request.
• You are a recipient of public welfare assistance.
• Your state law provides for a free credit report.

Be cautious of websites that claim to offer free credit reports. Some of these websites will only give you a free report if you buy other products or services. Other websites give you a free report and then bill you for services you have to cancel. To get the free credit report authorized by law, go to AnnualCreditReport.com  or call (877) 322-8228.

Will requesting my credit report hurt my credit score?

No, requesting your credit report will not hurt your credit score.

Checking your own credit report is not an inquiry about new credit, so it has no effect on your score. In fact, reviewing your credit report regularly can help you to ensure that the information the credit reporting companies share with lenders is accurate and up-to-date.

How long does negative information remain on my credit report?

A credit reporting company generally can report most negative information for seven years.

Information about a lawsuit or a judgment against you can be reported for seven years or until the statute of limitations runs out, whichever is longer. Bankruptcies can stay on your report for up to ten years.

Even though the credit reporting companies usually won’t report this negative information after the seven year limit, they still may keep your information on file.

There are certain instances where they will report it. These time limits on reporting negative information do not apply if the credit report will be used in connection with:

• Your application for a job that pays more than $75,000 a year
• Your application for more than $150,000 worth of credit or life insurance

Source: Consumer Financial Protection Bureau, Consumerfinance.gov (Accessed 01.31.2022)

Have You Been A Victim Of Fair Credit Reporting Act Violations?

Individuals who believe they have been harmed by violations of the Fair Credit Reporting Act are encouraged to contact Kehoe Law Firm, P.C. for a free, no-obligation evaluation of potential legal claims by completing the form above on the right or via e-mail to [email protected] 

Kehoe Law Firm, P.C.