Scams: Fake Debt Collection

The Fake Debt Collection Scam is an easy one to fall for. If you owe money to someone it's easy to assume that the person on the other end of the line may be a legitimate collector. Con artists trick you out of your money by taking advantage of any weaknesses they can exploit when they are talking to you on the phone. Information about you can be obtained in many ways and may be brought up during the call to establish that the caller is “legitimate”. Do not be fooled by this.

It is important to be aware of some of the more common scams. When swindlers find something that works they stick with it. The best thing is to not allow a conversation to continue if you suspect it is not legitimate. DO NOT be afraid to hang up on these people. Remember, If you have only exempt retirement income such as Social Security, VA Benefits, and/or most pensions, these callers cannot do anything to you – by law, they cannot take your income!

You might be dealing with a scammer or con artist if...

• You don't recognize the debt or loan (always check the account number).
• The caller won't give you their name, a mailing address, a company name, or a court case number.
• The caller asks for personal financial information.
• The caller uses high pressure tactics, often demanding payment TODAY, threatening arrest, or swearing. Remember, con artists know they get more suspicious over time and will try to force you to act without careful consideration.
• They offer limited payment options, be especially wary of ones requiring you to wire money or load a rechargeable money card since there is no way to prove that you made a payment.
• The caller claims to be with law enforcement (police and/or the courts will never call you regarding a debt).
• The caller (or letter) accuses you of some type of fraud and/or says that they are from a State Attorney General's office.
• You may always make a free call to HELPS Nonprofit Law Firm before paying someone who calls you on the phone.

If you suspect you are being targeted by a fake debt collector you should ask for the individuals name, company, street address (not a PO Box), and a validation notice for the debt. It may be a good idea to tell the caller that you are recording the conversation (even if you are not), often the caller will hang up immediately.

Remember - Never give or confirm personal information of any kind, particularly Social Security numbers or bank account information.

For HELPS clients: You may simply treat these calls like any other collector and tell them you are represented by a law firm, give them our name and number, then politely hang up. If you receive a letter, simply forward it to our office and forget about it. 

Fair Debt Collection Practices & Ending Unwanted Collector Contact

If you are being harassed by collectors you will be happy to know that there is protection provided for you under the federal Fair Debt Collection Act, and many states provide additional protections for their residents (not discussed here). If your debt is for household, family or personal spending this act protects you from harassment by third party collectors.

Collectors are allowed to contact you between the hours of 8am and 9pm (your time). Also, if you inform them that they are calling at a time that is not convenient for you they must stop calling at that time. If a collector contacts you at work you may inform them that you are not allowed to take calls at work. They must stop contacting you. If they call you on your cell phone, you may inform them that they are calling on a cell phone, it is costing you money to receive these calls and they must stop calling that number.

When trying to locate you, your collectors can contact friends, family members or neighbors to inquire about your location. They cannot, unless expressly asked, disclose that they are from a collection agency, additionally, they can't call the same person twice without that individuals permission or reasonable probability that the individual has more necessary information. Without your permission the collector cannot try to collect through anybody but you, your spouse or your co-debtors.

When a collector calls, they cannot misrepresent themselves as being affiliated with a different agency or the government. They must inform you if the call is being recorded or monitored (it almost always is). They cannot exaggerate the debt or its legal status. They cannot threaten legal action they have no intention of taking or mislead you about the legal nature of any forms. They cannot threaten to sell the debt to induce payment. They cannot threaten violence or other criminal action against you (this includes harm to your reputation or property), nor can they use abusive language or call repetitiously.

In most cases it is necessary to request that a collector cease communication with you in writing (we will soon have a link to a sample letter). Alternatively, you can hire an attorney. After contact has been made with the collector you will likely continue to receive a statement of account and or updates as to the legal status of your account. These are for information only and are permitted under the law; they cannot send further collection letters. The debt will most likely be sold to a new collector at some point who will send new collection letters, making it necessary to repeat the procedure.

In our experience at HELPS Nonprofit Law Firm, letters sent by individuals are often ignored. Letters from an attorney are usually taken more seriously and calls stop after they receive our letter.

HELPS provides a service: sending out cease and desist letters and dealing with the probing calls from collectors. As long as we are kept up to date with information about any new collectors who contact you, we will continue to send letters to your creditors for you. This is a multiple year process that quickly becomes tiresome for most people. For those who find it confusing, exhausting, or overwhelming; we are happy to help restore peace to their lives, stopping collector harassment and seniors well informed about their rights are in regards to their creditors.

Elder Abuse Awareness

Studies have shown that seniors who are isolated are at a greater risk for elder abuse. Additional studies have shown that struggling with debt can isolate seniors. These compounding risk factors make it especially important for HELPS, a nonprofit law firm, to discuss elder abuse as we approach World Elder Abuse Day 2014 on June 15, 2014. 

So what is elder abuse?

It's knowing, intentional or negligent act or acts that causes harm to a vulnerable adult. Like many forms of abuse it utilizes an expectation of trust towards the abuser.

Prevalence of Elder Abuse

Approximately 1 in 10 Americans over sixty have experienced some type of elder abuse.

Who's “At Risk”

• Socially isolated individuals
• Mentally impaired individuals
• Members of a household with a history of domestic violence
• Elders with a tendency towards verbal/ physical aggression
• Individuals aged 80+
• Women
• Individuals in poor physical health

Although elder abuse can happen to anyone, affecting all socioeconomic groups, cultures, races, genders, etc.

Types

Physical: causing pain, impairment or injury of senior (including restraining by physical or chemical means)

• Signs:
• Bruises/ welts/ grip marks around arms or neck
• Pressure marks
• Broken bones/ sprains/ dislocations
• Abrasions/ scars
• Burns
• Drug overdose
• Apparent failure to take medication regularly  (too much or too little)
• Broken glasses
• Rope marks
• Dismissive attitude towards injuries
• Refusal to go to the same clinic for repeated injuries
• Inconsistent explanations for injuries

Sexual: non-consensual sexual contact, or display of sexually explicit material

• Signs:
• Bruising in erogenous zones
• Unexplained venereal disease or genital infection
• Unexplained vaginal or anal bleeding
• Torn/ stained/ bloody underclothing

Emotional: causing emotional harm (mental anguish, emotional pain, or fear) to an individual either through verbal communication, or silence

• Signs
• Withdrawal from normal activities
• Change in alertness
• Unusual depression
• Unusually/ unreasonably fearful/ suspicious
• Evasive, isolating behavior
• Tense relationships (especially with a potential abuser)
• Frequent arguments (again especially with a potential abuser)
• Overhearing threats or other assertions of power or control over the individual from a potential abuser
• Habitual blaming or scapegoating of the senior from a potential abuser
• Humiliating or ridiculing the senior by a potential abuser
• Uncommunicative or unresponsive
• Behaviors that mimic dementia: rocking, sucking or mumbling to themselves
• Removal of door from seniors room

Neglect: Refusal or failure to care for the obligations or needs (physical, emotional, or social) to a senior

• Signs
• Bedsores
• Unattended medical needs
• Poor hygiene
• Unusual weight loss/ malnutrition/ dehydration (sunken eyes)
• Unsanitary living conditions (dirt, bugs, soiled bedding or clothing)
• Unsuitable clothing for the weather
• Unsafe living conditions (no heat/ running water, faulty electrical wiring, fire hazards)
• Leaving a person with dementia unsupervised

Financial: Illegally taking, misusing  or concealing funds, property or assets of a senior for the benefit of someone else 

• Signs: 
• Sudden changes in financial situation
• Items missing from their home
• Suspicious changes in wills, power of attorney, titles and policies
• Addition of names to a credit card
• Unpaid bills, or lack of medical care despite the senior having funds
• Account activity the individual couldn’t have done
• Unnecessary services, goods, or subscriptions
• Giving uncharacteristically large gifts or financial reimbursement for needed care/companionship
• Signatures on check that don't match the seniors

Healthcare fraud: 

• Not providing but charging for healthcare
• Overcharging or double-billing for healthcare
• Getting kickbacks for prescriptions
• Over or under medicating
• Fraudulent remedies
• Medicaid fraud 

At HELPS we frequently see another sort of elder abuse that's not typically considered: collector harassment. This form of abuse can be emotional and financial, and can result in self-neglect. Often people who are dealing with severe debt are also coping with additional significant issues such as the death of a spouse. Most seniors receive exempt income such as Social Security or pensions, meaning that legally, collectors cannot take their income. Unfortunately, seniors don't often understand their rights and they will pay  old debt when they should be using their money for medication, heat, or food. Many of our clients have reported that they have done without food, medication, or heating; some were having panic attacks due to harassing collections calls. We believe that nobody deserves to suffer through collector harassment. If you or a loved one is experiencing this sort of elder abuse please call HELPS to see what we can do for you.

If you notice a change in behavior in an elder,  pay attention!  The effects of abuse on the elderly can mimic dementia. Emotionally, they may be more depressed, ambivalent, hypervigilant or anxious. 

Also pay attention if the caregiver won't allow you to see the senior alone.

Reporting

Contact an Adult Protective Services Office (Find yours by clicking on your state and looking to the right of the map: http://www.napsa-now.org/get-help/help-in-your-area/) or the National Center on Elder Abuse ((855) 500-3537). To find your local Area Agency on Aging look here:  http://www.n4a.org/about-n4a/?fa=aaa-title-VI they provide support through advocacy, information, and services. There is also an Eldercare Locater help line (1-800-677-1116 which is open 9am-8pm EST) that can help confidentially refer you to a local agency. 

If the family member lives in a nursing home you can contact your state ombudsman program (Find here: http://www.ltcombudsman.org/ombudsman) their job is to advocate for residents of nursing homes, residential care homes and assisted living facilities.

For Medicaid fraud every state is required to have a Medicaid Fraud Control Unit to help prosecute Medicaid fraud, and patient abuse where the service participates in Medicaid. Individual state information available here: http://www.namfcu.net/states.

Remember that it's not your job to investigate. You should alert authorities of your suspicions and if you think someone is in immediate danger call 911.

For more information on HELPS Nonprofit Law Firm, you can visit our website at http://helpsishere.org or call us at 855-435-7787.

Scams and Technology

Crooks love to target seniors. It maybe that those who are older are perceived as having their finances more in line, and less mental aptitude for detecting scams. These scammers often disguise themselves as legitimate business people. Typically they pressure victims to make impulsive and expensive decisions. While some will show up on your front porch it's far more likely that they will target you through technology since it is much more cost effective. Generally, they do not engage in legitimate businesses practices which is fortunate because it makes it easier to spot a scam. Always exercise caution and remember the old but true saying; if something seems too good to be true, it is.

How do scammers operate?

Robocalls

Automated sales calls (excluding calls for charity or politics), when you have not given explicit permission to the business to call, are illegal, increasing the likelihood that any call of this nature is a scam. If you push buttons on these automated calls the swindler will know it's a live line and you're likely to receive more calls. Be aware that blocking these numbers is generally ineffective as they change numbers often. It is best just to hang up.

Email and the Internet

Emails

Emails are a great way for con-men (and women) to get your personal information either by tricking you into giving it to them or by inserting something called malware onto your computer through downloaded images or attached documents. When viewing emails from sources you don't know- or unusual emails from an account you do - you should never allow images, download documents, or click links. Additionally you shouldn't call any phone numbers given in the email.

Phishing emails are a common scam. These emails try to get you to enter your personal information by acting like a legitimate company. They can imitate your bank, a charity, a law firm or government agencies (they may falsify a logo or make one up). They may try to steer you to websites that look legitimate in order to get your account information. It is best never to go to business sites through links in an email, instead Google the website. Legitimate companies will generally not ask you to send private information via email as it is not secure.

Wi-Fi

Simply connecting to public Wi-Fi can be risky; anyone can set up a Wi-Fi hotspot so it's hard to ensure your safety. Malicious individuals will often set up hotspots with common names (e.g. linksys or Free Public WiFi) to take advantage of unaware individuals.

If you do use a public Wi-Fi, you should not enter any personal information such as passwords, or your credit card number. Be aware that this alone doesn't make you safe on public networks - if your computer has file-sharing turned on you could be given malware or have your sensitive documents accessed by other people on the network.

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In general, when it comes to your personal information you can't be too careful! It's always wise to insist on doing more research before giving someone your personal information or establishing yourself with a new company. Look into reviews online, see what credentials they possess and the legitimacy of those credentials. Be very wary of companies that ask you to wire money, or use a re-loadable debit or gift card to pay them. Most legitimate companies won't ask you to do that.

You can read about some common scams here: Common Scams Targeted at Seniors

Emergency Preparedness for Seniors

Nobody needs to be convinced that emergency preparedness is important; we walk our children through the steps, but what about everyone else? Given common restrictions in mobility or disabilities in older adults it can be especially important to consider what is necessary to do in the event of a disaster. We will be giving basic advice in this article, but remember the type of emergency you are likely to face depends on your area and you should plan accordingly.

First you should take normal disaster preparedness steps such as:

• Plan with housemates/ family on where you would meet both directly outside of your house, and if you get evacuated.
• Ensure you know how to turn of the gas and electricity to your home.
• Store important medical records, and documents in a waterproof container, and put these with a grab-and-go bag (containing the suggested supplies listed bellow).
• Learn about the emergency plans in locations where you spend a lot of time (volunteering, working, etc.).
• Identify an out-of-town contact who you can call, or message with your location, and well-being (it's important that they're far enough away not to be involved in the disaster which ensures that they will be easier to contact).
• Fill out an Emergency Contact Card and keeping in in your wallet.
• Contact your Local Emergency Information Management Office to find out what sorts of emergency alerts go out (will you have access to one?), and what other resources they may offer (evacuation assistance, etc.).
  • If you will have trouble hearing about an emergency consider working within your county to set up an emergency phone tree.

Now consider your individual needs, this plan should account for your lowest level of functioning. We recommend that you track everything you use to live independently for a week then plan for having a weeks worth of as many of those supplies as possible in your kit.

Some questions to consider:

• Do you need help grooming or dressing yourself?
• How would water/ electricity being down effect your functioning? How will this effect any medical treatments you may be receiving (dialysis, etc.)?
• Do you need special equipment to eat?
• How can you cope with debris in your home/ along your exit route? If you can't what steps can you take so you don't have to (bolting bookcases to walls, etc.)?
• Do you need special transportation?
• Do you have a caregiver? How much do you need them? Would they be able to reach you? Would they come with you if you evacuated to a shelter?
• Can you escape from your common buildings? Without auditory cues? Without an elevator? What if a ramp is knocked loose?
• If you need to call for help how will you do it?
• Will your hearing aids work if they're wet?
• What does your service animal need?
• What special needs would you have in a community shelter? Is there anywhere else you could go?
• What steps can you take to mitigate these potential set backs?

Talk to your health care provider about plans, especially if your receiving regular treatments, cannot keep a weeks worth of medication on hand or your at home treatments require electricity.

If you are liable to panic or have important information to communicate to rescuers memorize phrases ahead of time.

If you have mobility issues be aware that there are devices (lightweight chairs or stretchers typically) that are designed to allow you to be more easily assisted down stairs. Consider how you can ensure something of the sort would be available to you (talk to manager, carry one, etc.).

If you have sensory impairments ensure you will be able to escape without typical cues, and that you will be alerted to the emergency (flashing lights on fire alarms, vibrating alerts, etc.).

In an emergency it's important to have a support network to check on you to ensure your safety in a timely manner. Ideally three individuals near each location where you spend your time (coworkers, roommates, friends, family, neighbors, personal attendants, church members). These individuals should be given keys, copies of emergency documents, and be shown where emergency supplies are. Make these relationships reciprocal, be a part of their support network and learn what you could do to provide life-saving aid to them too. You can try to make the creation and maintenance of this group fun by making going over plans and needs a social event. You could even consider organizing a preparedness event to make connections and form these relationships. You all should agree on a means of communication that does not rely on phones; this includes cell phones! In times of emergency areas can have cell service shut down. Instead think about means of communication like whistling, shouting, knocking or hanging a sheet in a window. And don't forget to tell your contacts when you go out of town, just in case. You should check in with all members of your emergency plan at least every 6 months to ensure that everybody remembers the plan and will be taken care of.

Pet Preparedness

If you have a pet you should plan for it as well, Red Cross does not allow pets (service animals are allowed) in disaster shelters so make sure you have a plan for your furry buddy (call hotels, and ask about no pet policies in the event of an emergency; check with friends; ask animal shelters/ veterinarians if they can shelter animals in an emergency). Don't forget to include a photo of the animal and its medical records in your waterproof document container.

Suggested emergency supplies

• 3 days of food and water per person/ animal (manual can opener may be needed)
• Medical equipment
• Medications and information about them (dosage, frequency, doctor)
• Emergency contact information
• Important documents (including information on operating life saving devices)
• Flashlight, radio, and first aid kit (extra batteries)
• White cloth, whistle, or glow sticks
• Dust mask or other filter
• Plastic sheltering
• Moist towelettes, hand sanitizer and garbage bags for sanitation
• Money
• Matches in a waterproof container
• Blankets
• Heavy gloves
• Duct tape
• Comfortable shoes
• Extra supplies based on climate (more blankets, water, etc.)

Remember the best thing you can do for an emergency is to prepare ahead of time.

Visit www.ready.gov, www.emergency.cdc.gov, www.redcross.org/prepare/location/home-family for more information and resources.

Testimonials Part 3!

Transcript: "I believe in the HELPS program, it has made a wonderful difference in my life and if there are any senior citizens that are having a problem, by all means look into HELPS. It's wonderful and it will help you tremendously."



Transcript: "Okay, my husband had a massive stroke. He was in perfect health, and he died and all our debtors were calling day after day after day, you know? Thirteen, fourteen fifteen calls a day. And I was having what I thought were seizures but they were just real bad panic attacks because I was grieving and trying to deal with the creditors at the same time. I was at my wits end. I couldn't grieve, you know, they didn't give me time to grieve, and they didn't seem to understand what I was going through and of course my income, I only have a third of the income I had when my husband was alive so I couldn't pay my bills. So I called the attorneys at HELPS and had a consultation with them and my life immediately changed for the better. The biggest benefit is not having to deal with people that call and are cross and, you know, threatening. They take care of that for me, I don't have to worry about that anymore. That gives me so much peace of mind because there was really nothing I could do until I talked to them. Oh! I'm so thankful for them, I thank God for them, they're my guardian angels."

Thanks to Sondra R. and Sharon T. for sharing their stories with us!

I Owe Taxes I Can't Afford to Pay

Sometimes, seniors owe taxes they cannot pay. Often these taxes are old and from prior years when they were working. Some are paying these taxes and going without the basics of life. Although it is rare, some HELPS clients are being garnished 15% of their Social Security. You should know that there is a way to stop harassment and garnishment by the IRS. You can take steps to stop paying past taxes you can’t afford to pay.

The IRS can declare a taxpayer "currently not collectible," after the IRS receives evidence that a taxpayer has no ability to pay. This can be an enormous relief to seniors with a tax liability who are hounded by the IRS to pay their back tax debt. In order to receive Currently Not Collectible status from the IRS, you must prove that you do not have any assets that would enable you to pay the back tax debt you owe (this includes almost all HELPS clients). You must prove that you have enough money to pay for the very basic necessities of life and nothing else. The necessities of life would include: rent, mortgage, food and clothing, health insurance, car payments, auto maintenance, secured loans, utilities, etc. These are called allowable expenses.

Congress has set up an independent department in the IRS called the Taxpayer Advocate Service. It is their job to help persons, including poor elderly, obtain uncollectable status and stop garnishments. This can be done over the phone and it can be done fast! You can find the number for your location here. The Taxpayer Advocate Service is very helpful. We have found them to be kind and patient, after all that is their job.

For HELPS clients:  If you would prefer, we at HELPS will assist you with one of our
volunteers. You will call the IRS together with us on the phone, provide the information they require and in a very short time you can be placed on uncollectable status. No more letters, no more phone calls, no garnishment. 
This all costs you nothing! If you are paying taxes you cannot afford to pay, please pick up the phone and call HELPS.

To learn more about HELPS visit us at our website: http://www.helpsishere.org/

By Attorney Eric Olsen