Reproduced with permission from the Publications section of the Kansas Department on Aging web site, http://www.agingkansas.org/kdoa.

Even though consumer protection legislation and court decisions in favor of consumer rights are increasing, the best protection is to be a well-informed, careful buyer. You should be knowledgeable about your legal rights, cautious of product exaggerations and unafraid to demand satisfaction for the price of the purchase.

The Kansas Consumer Protection Act makes it illegal for businesses to engage in any deceptive act or practice in the sale or rental of goods or services. For example, the seller cannot state that a product is new when it has been used. It is illegal to falsely state that a product will never need repair or service.

It is also illegal for a seller to engage in an unconscionable act or practice. An unconscionable act is not necessarily deceptive, but is an unfair advantage taken by the seller. For example:

If you believe a deceptive or unconscionable practice is occurring, notify the Attorney General at (800) 432-2310, the Better Business Bureau, your attorney or your Area Agency on Aging.

Where to Turn For Consumer Protection Assistance

In Kansas, the Attorney General is charged with the general responsibility of enforcing the laws that grant protection to consumers. A special division has been created for consumer complaints:

Office of the Attorney General
Consumer Protection Division
120 SW 10th
Topeka, KS 66612-1597
(785) 296-3751 or (800) 432-2310

If you have a complaint about a business, you may contact the Attorney General`s Consumer Protection Division, the Better Business Bureau, the Senior Citizens Law Project in your area, or your local Area Agency on Aging.

Identity Theft

Identity theft occurs when an individual uses another individual`s personal information to take on that person`s identity.

How can I avoid becoming a victim of Identity Theft?

What can I do if I am a victim of Identify Theft?

Checking Account: Ownership Options

What should I know about banking?

Individual: An account owned by one person. When the owner is deceased the funds in the account go to the owner`s estate and is usually probated.

Joint Tenants in Common: An account owned jointly by two or more persons. Each owner owns a certain portion of the account (usually a proportionate share). If one owner dies, his/her share of the funds passes to his/her estate. The surviving owner(s) is left only with their remaining portion of the account.

Joint Tenancy with Right of Survivorship and Not as Tenants in Common: An account owned jointly by two or more persons. Each owner has an undivided interest in the funds in the account (each owner owns 100% of the funds). If one owner dies the surviving owner(s) remains the owner of the entire account. None of the funds pass to the decedent`s estate.

Payable-on-Death (POD) Account:

This is a simple account in which the account owner lists someone as beneficiary. The owner retains full ownership and control of the funds, and can change the beneficiary as necessary. There can be more than one beneficiary named. The beneficiary(s) has no claim to funds as long as the owner is alive. Upon the death of the owner the funds pass to all living beneficiaries, usually in equal amounts. The funds in this type of account will not pass through probate. (An eligible beneficiary must be one of the following: an individual, an individual or corporate fiduciary (trustee), a nonprofit religious or charitable organization.)

Safe Deposit Box

Store new and cancelled checks in a secure area. Never pre-sign blank checks.

What you need to know about buying on time

Most major purchases and even routine purchases involve making a contract between the buyer and the seller. Contracts most often come into the picture when credit is extended for purchase of an item or service, and payment is delayed over a period of time.

In effect, the company you are buying from extends you a loan in the amount needed to make the purchase. You, in turn, agree to pay back the money plus a finance charge of some kind.

Basic Tips:

Whenever you buy on time, make sure that you know how much your total cost will be. Know how long you will have to make payments and be sure you can make them. The Federal Truth-In-Lending Act requires businesses that extend credit to tell you what that credit will cost in the long run. When you buy on credit, you must be told the Finance Charge and the Annual Percentage Rate.

Terms You Should Know

Finance Charge - the price you pay for the privilege of paying in installments over a period of time.
Annual Percentage Rate (APR) - the rate of interest you pay for the privilege of buying on credit.
Cash Price - what an item or service would cost if you paid for it completely at the time you bought it.
Deferred Payment Price - the total amount you will pay for the item or service over the term of the installment period.
Cash Price + Finance Charge = Deferred Payment Price.

Telephone Terms

Prepaid Calling Cards - Things to watch for: surcharges for each call placed, billing calculations, monthly service fees, expiration dates. The per-minute rate is often based on the total minutes of the card placed from somewhere other than a pay phone.

Slamming - Kansas law prohibits local or long distance companies from; switching a consumer`s telephone service without authorization, using a prize drop box for collecting authorizations to switch service.

Cramming - Adding charges or services to a consumer`s phone bill without authorization.

Telemarketing Fraud

Senior citizens often become targets of unscrupulous telemarketers. While many firms that sell by telephone and through the mail are reputable, some are not and it is sometimes difficult to know the difference. To protect yourself, you should live by the motto, "If it sounds too good to be true, it probably is."

Generally, "scam" telemarketers follow a similar pattern. Consumers are called and pressured into listening to a sales presentation. The telemarketer will promise that the consumer will receive a prize, award, or special bonus. In order to claim the prize, however, you must make a purchase, and send money or call a 900 telephone number. The free gifts invariably turn out to be worthless vacation packages or trinket jewelry, rather than the cars or large cash awards promised.

To protect yourself, you should always be prepared to hang up. Give out your credit card number only when you are certain you are dealing with a reputable company. Be cautious about making quick decisions. Ask lots of questions. Get the name and street address of the person calling. Ask them to send you written sales information, including product prices. Be cautious about revealing personal information. Don`t make the telemarketer your friend - they`re not.

Unscrupulous mail solicitations can be very similar to telephone solicitations. Again, consumers are lured by promises of riches. Read your mail very carefully. Read everything on the front and, even more importantly, read the back. If you can`t see or read the print, seek some assistance. Be aware that many companies intentionally select names that make them sound as if they are associated with the government when, in fact, they are not.

Consumers are also solicited for charitable contributions. As with other organizations, you have the right to request further information from the person making the call or sending the letter. Find out whether or not you are dealing with a professional fundraiser. Ask how much of your donation goes to pay the fundraisers and how much is given to the charity. Some fundraising organizations keep more money than they give away. The Better Business Bureau has a philanthropic service which can give you further information about charitable organizations.

Puzzle and game contests have gained popularity nationwide. They all operate in a similar fashion. The consumer is mailed a solicitation announcing a contest in which the consumer may win a large amount of money. In order to be eligible for the money, the consumer must complete the puzzle and return it along with the entry fee. The puzzles are very simple in the early rounds. This type of contest may have as many as five regular rounds and several tie-breakers and playoff rounds.

Mail solicitors will occasionally send unordered merchandise to consumers. Whenever any person or company voluntarily sends you goods you did not order, the law considers the item to be a gift to you. You don`t have to pay for or return the merchandise.

Mail Order Problems

Check with the Better Business Bureau, Chamber of Commerce or state or local consumer protection agency, before ordering merchandise from a business you are not familiar with. If you suspect you are a victim of fraud or experience difficulty with the company, contact your local postmaster, or write to one of the following:

Chief Postal Inspector
U. S. Postal Service
475 L`Enfant Plaza SW RM 301
Washington, DC 20260-2200

Consumer Advocate
U.S. Postal Service
465 L`Enfant Plaza SW RM 5821
Washington, DC 20260-2200

To report postal crimes such as drugs in the mail, mail fraud or mail theft, contact your local postmaster or the Postal Crime Hotline (800) 654-8896.

Pornographic Mail

Complete Postal Service Form 1500 (available at your local Post Office) if you do not want to receive unsolicited sexually oriented advertisements through the mail. Thirty days after your name has been placed on the Postal Service reference list, any mailer who sends you a sexually oriented advertisement may be subject to civil and criminal sanctions.

Your name will remain on the list for five years unless you ask to have it removed. At the end of five years, you must complete another form.

Removing Your Name From Advertising Mail Lists

To substantially reduce the amount of national advertising mail you receive simply state your request and send your name, address, city, state and zip code to one or all of the following companies:

Director of List Maintenance
ADVO Systems, Inc.
239 W Service Road
Hartford, CT 06120-1280

Equifax Inc.
Equifax Options Division
Name Removal Dept.
P.O. Box 4081
Atlanta, GA 30302-4081

Mail Preference Service
Direct Marketing Assn.
P.O. Box 9008
Farmingdale, NY 11735-9008

Trans Union Corp.
National Service Division
111 W Jackson Blvd.
Chicago, IL 60604-1201

Experian
Name Removal Dept.
Target Marketing
600 City Parkway West
Orange, CA 92668-2972

After a few months the amount of advertising mail you receive from national marketers, like catalogs, credit card offers, discount coupon offers, and magazine subscription offers will be reduced. Some local organizations and charities may not participate in the program. Names remain in the file for five years.

If you continue to receive unwanted mail after this period, we suggest that you write directly to the mailer to request name removal.

CAUTION: You must remember that if you continue to order, your name will be listed again and you will continue to receive solicitations!

Charitable Contributions

Consumers are often solicited for charitable contributions. You may contact the Office of the Secretary of State (785) 296-4564 or visit the Kansas Charity Check web site at www.KsCharityCheck.org for information on the following:

Be Cautious of Door-To-Door Sales

Door-to-door sales are of particular concern because sales people can be very persuasive. You may find yourself buying a product you really do not want or need. If you do change your mind, you may be able to cancel the contract and get back any money you have spent. But you have to act promptly.

Kansas law allows you a three-day "cooling off" period from the time you complete a door-to-door sale. If you decide you do not want the product, you must notify the company in writing before midnight of the third business day after you agreed to purchase. You can mail this notice, and it is effective from the time it is mailed, but you must be able to show that it was properly mailed. It is a good idea to send the notice by certified mail with a return receipt requested.

The law also requires that the agreement or offer to purchase contain the date that it was signed by you and a statement notifying you of the right to cancel. In addition, the salesperson should give you a Notice of Cancellation form. If you decide to cancel, simply date and sign one copy of the Notice and mail or deliver it to the company within the three-day period.

Once the notice is received, the seller has ten (10) days to refund any money you have paid, return any documents you have signed, return any goods or property you have traded in, and inform you whether any items left with you will be picked up or whether you may keep them. Any product left with you must be available to the seller in the same condition it was in when you received it. It is not your responsibility to ship the item back to the seller or pay any postage for shipping. Only sales, leases, or rentals of goods or services with a purchase price of $25 or more are covered by this law. In some situations, however, this law may not apply.

If you have been harassed by salespersons coming to your home or contacting you on the telephone, it would be a good idea to report them to the County or District Attorney, the Attorney General, Better Business Bureau, or telephone company.

Home Repair Companies

Whenever it is necessary to hire someone to do work on your home, be cautious and shop around. Get two or three estimates to see who is offering the best bargain. Also, check references before you hire. Watch out for fly-by-night operators.

After you decide upon a contractor, ask that your agreement be written down. Include items such as price and the guarantees of work to be done. Do not pay the contractor in advance, and do not pay the full amount until the job is finished.

If a considerable amount of construction materials have gone into the job, you may want to request proof from your contractor that the bills for these items have been paid. If the bills go unpaid, the supplier of the materials could place a lien on your home and force you to pay the contractor`s debt. You would then have to sue the contractor to recover your added expenses.

Warranty Laws Offer Important Consumer Protection

A warranty is a representation that a product has certain characteristics and that the seller or manufacturer will support its product and its claims in a certain way. When shopping, be sure to compare the different warranties that are given on products.

Basically there are four types of warranty:

Warranty of Title - the seller guarantees to give you a valid title to the product or property. No one else has any legal interest in the property.

Express Warranty - the seller makes an oral or written statement about the goods it is advertising, packaging, or at the time of sale. This does not include the seller`s opinion of the product or its value.

Implied Warranty of Merchantability - the goods are fit for the ordinary purpose for which the goods are to be used. The manufacturer, seller, etc. need not make any written or oral statement.

Warranty of Fitness for a Particular Purpose - the seller knows you are looking for a product for a special purpose and states that the item being sold to you will fit that purpose. You are relying on the seller`s judgment in selecting an appropriate product.

Under the Kansas Consumer Protection Act, the implied and fitness types of warranties can never be disclaimed - which means the seller, manufacturer, etc. cannot exclude these guarantees from part of the conditions of the sale. Nor can the seller enforce any agreement in which you agree to a limit on the types of remedies you may seek if the goods do not meet the standards. If you believe that you purchased an item that is not fit for a particular purpose you expressed, or of merchantable quality, or consistent with the express warranty, you may generally demand that the goods be repaired or replaced. Return the goods and request a refund, refuse to pay for the goods, or keep the goods and deduct any repair costs.

If you have been physically injured by goods purchased, then you may have a right to sue the seller or manufacturer. You should consult with an attorney as soon as possible, since there are time limits imposed on bringing such actions.

Funeral Buying: It`s Best To Compare Prices

By making funeral plans in advance, you can choose the kind of arrangements you want and be prepared for costs. You can save money and spare your family the pain and expense of making decisions in crisis. When plans are made according to your wishes, you will have added peace of mind. The first step is to think about your preferences and make some basic decisions. There are two major considerations:

Burial is the most common choice and can be economical or expensive depending on the casket, services, and cemetery charges. Cremation is becoming more popular and is usually less expensive than burial.

Bequeathal of your body to a medical school is an important service to humanity. It is economical because the school pays for almost all arrangements. You do need an agreement with a medical school and alternate plans in case the circumstances at death make bequeathal impossible.

When you are clear about your wishes, you need to find out who can provide the necessary arrangements and what they will charge.

Consumers may contact the Kansas State Board of Mortuary Arts (KSBMA), 700 SW Jackson, Suite 904, Topeka, KS 66603-3733, (785) 296-3980, to file a complaint against a Kansas funeral home. KSBMA does not license or regulate cemeteries.

Funeral Buying Tips

Contact the Kansas State Board of Mortuary Arts, 700 S.W. Jackson, Suite #904, Topeka, Kansas 66603-3733, phone (785) 296-3980, to request free copies of informational brochures, "Facts About Funerals" and "Preparing/Planning Your Funeral Arrangements."

Although this agency does not regulate the cost of merchandise or services, they will answer questions regarding funeral homes. While the Mortuary Arts Board regulates how prices are displayed and provided to consumers, the cost amounts are based on what the market will bear. Visit the web site http://www.accesskansas.org/ksbma/ or e-mail address: ksbma@cjnetworks.com.

Know Your Rights as a Utility Customer

In today`s society, we rely heavily on the availability of electricity and natural gas. By law, consumers of publicly owned utilities under the rule of the Kansas Corporation Commission are given a number of rights and protections. You should know about the following standards for billing, late payment charges, security deposits and discontinuance of service.

How long do I have to pay my bill?

You have 28 to 30 days to pay a utility bill. The time for payment should be clearly identified on the bill, along with the late charges you will incur if payment is not made by that date.

How much can I be charged as a late penalty?

Any charge for late payment cannot exceed 2% of the current bill.

What are the rules about security deposits?

What is the level payment plan?

Customers have the right to enter into a level payment plan under which each bill is calculated as being one-twelfth of the estimated annual usage. If you want to set up a plan, you will need to contact the utility and work with a customer service representative.

What if I fall behind in utility payments?

What about when the landlord is responsible for paying the bills?

If you rent your home and the landlord is responsible for paying the utility, the utility company must notify both the landlord and you of plans to disconnect service if the billing address is different from your address.

Can I list a relative to receive my disconnect notice?

You may make arrangements with the utility to have a relative or close friend receive your disconnect notice. This may help you avoid an inadvertent disconnection if you forget to pay your bills.

What rights do I have to prevent disconnection?

Utility service may not be disconnected when it would be especially dangerous to the health of the customer or other resident. Once you show this to the utility, and inform them that you are able to pay for service only in installments, the utility company must postpone discontinuing service for at least 21 days in order to make arrangement for payment. Factors the utility company will consider are:

Kansas utilities are also subject to the Cold Weather Rule (see description below). During the time the rule is in effect, from November 1 through March 31, electric or natural gas service may not be cut off, even if a customer cannot pay the bill in full, if satisfactory arrangements can be made.

What are satisfactory arrangements?

The customer must make an initial payment of 1/12th of the outstanding balance, apply for federal, state or local utility assistance funds for which the customer may be eligible and enter into a payment agreement for the remainder.

Where can I turn for help in resolving a complaint?

If you have a dispute with the utility company, try contacting the utility first. Then, you may contact the following agencies:

Contact your utility provider if you can`t fully pay your winter gas bill. The Cold Weather Rule will be in effect every year between November 1 and March 31. This means that service disconnections will not be made when the local National Weather Service forecasts the temperature to drop below 35 degrees or to be in the mid-30s or colder within the following 48-hour period.

In order to avoid being disconnected when the weather is forecast to be above those temperatures, or to reconnect your service regardless of temperature, customers must meet the following provisions of the Good Faith Test: