Debt Collection Form: Need More Information

Debt Collection Form: Stop Contacting

Debt Collection Form: Judgement Proof

This consumer protection guide is designed to help you avoid some of the  problems consumers routinely face. Unfortunately, everyday activities – such as answering the phone, responding to an email, or making a purchase – can expose consumers to scams like identity theft, aggressive telemarketing, and charity fraud. The good news is that the Attorney General’s Office of Consumer Protection can help.

This guide contains information and tools to help you protect yourself before something happens. However, should you or a loved one become a victim of a scam, our office has a dedicated team of lawyers, investigators, and mediators who are here to help. Should you need our assistance, please call (202) 442-9828. You can also file a complaint online by emailing consumer.protection@dc.gov or writing to: the Office of the Attorney General’s Office of Consumer Protection, 441 4th Street, NW, Washington, DC 20001.

You recently graduated from college and now you need to figure out how to pay off your student loans. You start to see ads on the internet that say “Obama Wants to Forgive Your Student Loans!” or “Get Rid of Student Loan Debt NOW!” You click on one of the ads and go to a website for a company that says it can help with your student loan debt. When you call the company, a representative promises to lower your monthly payments by hundreds of dollars for an upfront fee of “only $800.” What should you do?

Repaying your student loans can be an overwhelming, complicated, and intimidating experience. As many former students find themselves struggling with rising debt, there has been an increase in student loan debt relief scams. Many of these scams take advantage of consumers by offering bogus services and charging high fees for loan consolidations that can be obtained for free through federal government programs. Scammers will target borrowers through online ads, social media, phone calls, and even mail sent to your home. 

What are some warning signs of a student loan debt relief scam?

• You are required to pay up-front fees. If a company or other debt relief organization charges you an up-front fee to reduce your debt, it is likely a scam. In many instances, it is illegal under D.C. and federal law for companies to charge advance fees for debt relief services, particularly if you enroll in a program over the phone.
   
• The company has “federal,” “national” or other official-sounding words in its name or claims it has a relationship with the government. Borrowers might think private companies are affiliated with the government based on the names of the companies when, in fact, the companies are separate entities that are charging fees for services the government provides for free. Scam companies may also falsely suggest that they are affiliated with the federal government based on their logos and even their website addresses in order to trick consumers into paying fees for free federal program benefits. If a company claims that it has a special relationship with the government or the Department of Education, it is likely a scam.
   
• You are asked to provide your Federal Student Aid (FSA) PIN. The U.S. Department of Education advises borrowers against sharing their four-digit PIN with others. If you provide this information to a student debt relief company, the company may make changes in your account that you do not want, such as directing future notices to it instead of you. These changes may lead to problems, such as defaulting on a loan.
   
• You are promised immediate relief, forgiveness of your loans or that the company will get you out of default. You should be wary of ads that offer unrealistic-sounding services like complete loan forgiveness or immediate loan reduction. Beware of phrases like “Get Your Student Loans Forgiven Now!” or “Guaranteed Results!” or “Consolidate Your Loans for a Limited Time Only!” When you’re ready to consolidate your student loans or switch repayment plans, ignore websites that don’t include “.gov” in their addresses, or that don’t belong to one of the government’s official loan servicers.

What are your rights? Where can you get help?

If you have federal student loans, you should not have to pay to consolidate your loans or switch payment plans. The U.S. Department of Education offers free services to borrowers who wish to consolidate their loans. The Department of Education also offers numerous repayment plans, including plans that let borrowers set their monthly payments based on their income.  Depending on the types of loans, consolidating some loans may exclude you from certain types of loan forgiveness programs. For more information regarding these free services, please see the Office of the Attorney General’s Student Loan Resource Guide.

You should never have to pay for information about how to repay your student loans. If you took out federal student loans to help pay for college, assistance is always available to you for free through the U.S. Department of Education (studentaid.ed.gov or 877-557-2575) or your federal loan servicer—the company to whom you make payments.  You may also want to contact your school’s financial aid office. If you need information about private loans, you should contact your loan servicer for assistance.

It can be difficult to know where to go for help when you are having trouble making your student loan payments.  If you have borrowed from a private lender, often that lender will consider different repayment plans if you cannot afford your payments. If you have federal loans, remember only the U.S. Department of Education can consolidate, forgive, or lower the amount you pay on your federal loans, and it’s always free to work with your loan servicer or the federal government directly to change your repayment terms if needed.

For more information regarding these free services, please see the Office of the Attorney General’s Student Loan Resource Guide. There are also many other organizations that provide free advice regarding student debt relief for both federal and private loans, including:

National Consumer Law Center’s Student Loan Borrower Assistance Project:
http://www.studentloanborrowerassistance.org

Consumer Financial Protection Bureau:
http://www.consumerfinance.gov/paying-for-college/repay-student-debt

Department of Education’s Federal Student Aid Office:
https://studentaid.ed.gov/sa/repay-loans

What should I do if I’m the victim of a student loan debt relief scam?

You can file a complaint with the District of Columbia Attorney General’s Office of Consumer Protection by calling our Consumer Hotline at (202) 442-9828, emailing us (consumer.protection@dc.gov), or by writing to the Office of Consumer Protection at the Office of the Attorney General, 441 4th Street NW, Suite 600-S, Washington, DC 20001.

You can also contact the U.S. Department of Education by calling 877-557-2575, or by writing to the U.S. Department of Education, FSA Ombudsman Group, P.O. Box 1843, Monticello, KY  42633. You may also submit complaints to the Department of Education online at https://studentaid.ed.gov/sa/repay-loans/disputes/prepare/contact-ombudsman.

A roommate tells you a debt collector called asking for you. That same debt collector has left messages with your family, at your workplace, and keeps calling you early in the morning and late at night. What do you do?

Unfortunately, many consumers have incurred debts they have difficulty repaying. In other cases, consumers are harassed to repay a debt that isn’t even theirs. Fortunately, there are federal and District of Columbia laws that protect consumers and prohibit debt collectors from using certain practices that may be abusive, unfair, or deceptive to consumers. Under these laws, there are steps that you can take to limit a debt collector’s contact with you or to learn more about the debt collector’s claim. You can also report problematic collection practices to the Office of the Attorney General for the District of Columbia.

Can they do that?

Calls

Debt collectors can call you to talk to you about your debt. When they call you, they must identify themselves as debt collectors.

But, they cannot:

• call you before 8 a.m. or after 9 p.m., unless you tell them that’s when you would like to speak to them;
• call your workplace if they know, or have a reason to know, that you cannot receive calls at work;
• call you repeatedly with the intent to harass you;
• threaten you with harm, threaten to arrest you, or use obscene or abusive language;
• lie to you. For instance:
  • they cannot say they are going to sue you unless they plan to do it; and
  • they cannot pretend to be someone else, like a police officer.

Contacts with Neighbors, Family or Friends

Debt collectors can contact other people if they are trying to locate you.

But, they cannot:

• communicate with that person more than once unless the debt collector believes that the location information that person provided was wrong or incomplete, and that person now has more complete and accurate information; and
• tell others about your debt (except for your spouse, your parents if you are a minor, or your attorney).

What if I Don’t Owe the Money, or I’m Not Sure if I Owe it?

Within the first 30 days:

When debt collectors first contact you, they should tell you the amount that you owe, the name of the creditor, and that you have 30 days to dispute the debt in writing.

If, within 30 days of being first contacted by the debt collector, you write disputing the debt, or requesting the name and address of the original creditor, the debt collector must stop all collection efforts until they provide you with the information you sought: verifying the debt, or identifying the creditor. (Click here for a letter you can use)

After the first 30 days:

You can still write to dispute the debt 30 days after being contacted by the debt collector, and the debt collector must still verify the debt or identify the creditor. But debt collectors do not have to stop all collection efforts while these later requests are pending.

What Can I Do to Stop the Calls?

You can write a letter to the debt collector telling them to stop contacting you. (Click here for a letter you can use) After receiving your letter, a debt collector should not contact you again except to say there will be no further contact or to notify you that they intend to take some specific action.

This letter does not make the debt go away if you actually owe it. The debt collector can still sue you or report negative information to credit reporting agencies. But, if debt collectors call to ask you to pay after they receive this letter, they are violating the law.

Can They Take My Benefits?

Certain forms of income are generally protected from collection by creditors, such as:

• Public Assistance/TANF;
• Social Security Benefits (SSI, SSDI);
• Veterans’ Benefits;
• Disability and Unemployment Benefits;
• Pensions (public and private);
• Worker’s Compensation; and
• Alimony or support necessary for the support of you or your dependents (e.g. child support).

If your only source of income is one of these, you can write to the debt collector to tell them about your protected income. (Click here for a letter you can use)

What About Debt From a Long Time Ago?

Generally, a debt collector must bring an action to sue you on the debt within three years of when you made your last payment on the account. If they have waited longer than this, they may have lost their right to sue you in court.

The debt may still appear on your credit report, however, as most debts can remain on your credit report for seven years.

Can the Debt Collector Add Costs and Legal Fees to the Debt?

Under District law, debt collectors cannot add their costs to the debt. But they can add legal fees of up to 15% of the debt if your contract with the creditor allows this.

I Have Been Sued. What Do I Do?

Do not ignore the court papers! The summons will give you a certain number of days to file a written response and to appear in court. It is important to respond, especially if you do not believe that the debt is yours or if you don’t owe as much as the debt collector claims. If you do not respond to the summons, a judgment may be entered against you and the debt collector can attempt to garnish your wages or take funds from your bank account.

If you have been sued and can’t afford a lawyer, you can contact:

• The Legal Aid Society: 202-628-1161
• Neighborhood Legal Services: 202-832-6577
• Legal Counsel for the Elderly: 202-434-2120 (age 60 or older)

What Should I Do If I Believe a Debt Collector is Violating the Law?

File a complaint with the District of Columbia Attorney General’s Office of Consumer Protection by:

• calling our hotline at (202) 442-9828
• emailing consumer.protection@dc.gov or
• writing to us at:

Office of Consumer Protection
Office of the Attorney General
441 Fourth Street, N.W., Suite 600 South
Washington, D.C. 20001

Below you'll find links to PDF versions of this information in English and Spanish:

You receive a telephone call from a group claiming to be raising money for the families of local police officers killed in the line of duty. The caller says that the organization must raise $5,000 in the next three days to be able to fully fund scholarships for children of deceased officers and asks whether they can send someone to your home to pick up a donation towards this great cause.

Making charitable donations to help others can be very rewarding. Federal and local laws provide tax benefits for making such donations.  However, scammers know that and often try to take advantage of those incentives and the generosity of consumers. Here are some tips to follow to be sure that your charitable dollars are being used for your intended purpose. 

Check out the charity before you give 

• There are a number of independent online sources you can use to verify that a charity is legitimate:
  • IRS Select Check - https://apps.irs.gov/app/eos/
  • BBB Wise Giving Alliance - http://www.give.org/
  • Charity Navigator - http://www.charitynavigator.org/
  • GuideStar - https://www.guidestar.org/
  • National Center for Charitable Statistics - http://www.nccs.urban.org/
• Companies or individuals soliciting charitable donations in the District of Columbia are also required to obtain a license from the District of Columbia government.  Ask the charity for  its license number. You can also contact the District of Columbia Department of Consumer and Regulatory Affairs, Corporations Division, at (202) 442-4432, to verify the charity is licensed in the District of Columbia.
• Ask the charity for written information on the organization’s mission, how your donation will be used, and for verification that your contribution is tax deductible. Find out what percentage of your donation goes to the charity’s mission. A legitimate charity should readily provide this type of information.

Warning signs—charities to avoid

The following are warning signs that should tell you to avoid making a contribution to a suspicious charity:

• The charity refuses to send you written material describing itself or other information concerning how it intends to use your donation.
• The charity asks for your payment via a money order or cash.
• The organization requires your donation immediately, and offers to send a courier to collect your contribution.
• You receive an invoice or bill for a pledge you never made.
• The organization’s name and logo closely resemble another charity. Scam artists often try to take advantage of names that sound or look like those of respected, legitimate charities.

How to make responsible charitable donations

• Make your donation to people or organizations you know and trust or to whom you have successfully made donations in the past.
• Never agree to give money over the phone or to a door-to-door solicitor. Ask the caller or solicitor for written information about the charity and read it before making your decision. You can also contact the charity directly to verify the person soliciting the donation is acting on behalf of the organization.
• Never make donations in cash. Instead make donations by check or credit card and ask for confirmation of your donation from the charity. This will help protect your security and provide records for tax purposes.
• Verify the legitimacy of fundraising appeals for police and firefighters. Solicitations on behalf of these types of causes often draw favorable responses from donors. Because of this, scam artists often use the word “police” or “firefighter,” even when the donations will not be used to support such causes.
• When donating in response to natural disasters or national tragedies, give through well-established charities. Scammers often form charities in the wake of such events. Be especially vigilant before giving donations through peer-to-peer or social networking websites, as it is difficult to verify that your donation will be properly used.
• Some charities sell merchandise and claim that “100% of the proceeds” will go to charitable uses. Be aware that does not necessarily mean 100% of the sales price you pay will be used for charity. Make sure you ask how much of each purchase will be put to charitable uses before you donate.
• Scam artists understand that many people show their appreciation for veterans and military families by donating to organizations that support them. Remember that an organization may not be authentic just because it uses words like “veterans” or “military families” in its name or has reputable looking seals or logos on its materials. While you should always do your own independent research to confirm a charity’s trustworthiness and efficacy before donating, the U.S. Department of Defense maintains a list of charities that are a good starting point and the Federal Trade Commission has created an educational video addressing the issue of veteran charity scams. 

If you believe you have been the victim of a scammer or to report suspicious charitable solicitations or the misuse of charitable funds, contact the Office of the Attorney General:

• Via telephone at 202-442-9828
• Via email at consumer.protection@dc.gov
• Via the Internet at http://bit.ly/DCConsumerComplaint

Below you'll find links to PDF versions of this information in English and Spanish:

“Congratulations, you have just been selected to win $10,000! All you have to do is send a small payment to cover shipping and processing and we’ll send you your prize!”

This might sound too good be true -- and it likely is. Scammers often use fake prize notices to take advantage of optimistic victims, who provide their hard-earned money up front and eagerly await the arrival of prize money that never comes.

You can protect yourself by learning how to spot the red flags of Lottery and Sweepstakes Scams.

Warning Signs of Lottery and Sweepstakes Scams:

• You did not enter a lottery, but you receive a notice or call from a person claiming to work for the D.C. Lottery and Charitable Games Control Board, or a similar entity.

The D.C. Lottery will never contact consumers unless they specifically enter into a promotional game sponsored by the D.C. Lottery.

• You receive a notice or call informing you that you have won a lottery in another country.

It is against federal law to participate in a foreign lottery, so no foreign lottery representatives should be contacting you for your information.

• You receive a notice or call informing you that you have won a sweepstakes, but you need to pay a fee in order to claim your winnings.

Unlike a lottery, a legitimate prize promotion should notrequire any purchase or payment of money for a consumer to participate or win.

• You receive a notice or call from a person claiming to work with the federal government or a “Federal Sweepstakes Board.”

The federal government does not oversee sweepstakes, and no federal government agency will contact you to ask for money in order to claim a prize.

How do I avoid falling for a Lottery or Sweepstakes Scam?

• A lottery requires you to purchase a ticket in order to participate. If you did not enter to participate in a lottery, ignore any notices saying that you have won.
• Sweepstakes are free games of chance. Do not send money in advance in order to participate in a sweepstakes: It is illegal to require any payment or purchase to enter a sweepstakes or to increase your odds of winning.
• Do not send money to claim your prize. This includes requests to pay for taxes, shipping and handling, insurance, or processing fees.
• Never provide your bank account number or other personal information . Since you are not required to pay to participate in a sweepstakes or receive a prize, there is no need to give out this private information.
• Know who is allowed to contact you about winning:
  • D.C. Lottery will only contact winners who entered into a D.C. Lottery-sponsored promotional game. If you did not enter the lottery, do not provide any information.
  • No foreign entity may contact you about winning their lottery. Since it is illegal to participate in foreign lotteries, you should not pay or give any private information to any person claiming that you have won.
  • No federal or District government employee will ever contact you about winning the lottery or a sweepstakes, so do not provide any information to people claiming to work for a government entity that provides prizes.
• Don’t be afraid to hang up if you feel pressured, if the caller is not answering your questions, or if you simply don’t get a “good feeling” about the caller.

Three Easy Rules for Avoiding Lottery and Sweepstakes Scams:

If you think you are being targeted by a lottery or sweepstakes scam, remember these three easy rules:

1. DO NOT RESPOND!
2. DO NOT SEND ANY MONEY!
3. DO NOT GIVE OUT PERSONAL INFORMATION!

What Should I do if I’m the Victim of a Lottery or Sweepstakes Scam?

You can file a complaint with the Attorney General for the District of Columbia’s Office of Consumer Protection by calling our Consumer Hotline at (202) 442-9828, emailing (consumer.protection@dc.gov), or writing to the Office at:

Office of Consumer Protection
Office of the Attorney General
441 4th Street, NW
Washington, DC 20001

You may file a complaint with the Federal Trade Commission, 600 Pennsylvania Avenue, NW, Washington, DC 20580; (877) 382-4357; www.ftc.gov.

If the notice came in the mail, you may also file a mail fraud complaint with the United States Postal Inspection Service at https://www.uspis.gov/report/.

Below you'll find links to PDF versions of this information in English and Spanish:

Your application for a loan is denied or you are only offered a very high interest rate even though you have a long history of good credit. When you review your credit report, you see unpaid debts that are not your own. What should you do?

The Federal Trade Commission has reported that as many as one out of every five consumer credit reports contains errors that could negatively affect consumers’ credit histories and scores, making it harder to get credit. The good news is that there are several easy steps you can take to review your credit report and remove errors that may negatively impact your credit history.

What is a credit report?

Your credit history can determine whether you qualify for a new line of credit and the interest rate you will be asked to pay. Lenders get your credit history by obtaining your credit report and reviewing your credit score. Your credit score is calculated by information contained in your credit report. Most credit reports are prepared by one of three national credit reporting agencies:

TransUnion
P.O. Box 6790
Fullerton, CA 92834-6790
(800) 680-7289
transunion.com

Experian
P.O. Box 9532
Allen, TX 75013
(888) 397-3742
experian.com

Equifax
P.O. Box 740241
Atlanta, GA 30374-0241
(800) 525-6285
equifax.com

Although each credit reporting agency formats and reports the information in their credit reports differently, all credit reports contain the same four categories of information.

• Identifying Information: Your name, address, Social Security number, date of birth and employment information are used to identify you.
• Trade Lines: These are your credit accounts. Merchants and banks report on each account you have established with them. They report the type of account (bankcard, auto loan, mortgage, etc.), the date you opened the account, your credit limit or loan amount, the account balance and your payment history.
• Credit Inquiries: When you apply for a loan or credit, you authorize the lender or merchant to ask for a copy of your credit report. This is how inquiries appear on your credit report. The inquiries section contains a list of everyone who accessed your credit report within the last two years. The report you see lists both “soft” credit inquiries and “hard” credit inquiries. Soft credit inquiries include instances where you check your own credit history, and when companies check your credit history in order to send you “pre-approved” offers. Soft credit inquiries will not affect your credit score. Hard credit inquiries result when you are applying for credit or certain services . Credit card issuers, mortgage brokers, and other lenders institute a credit request at your behest, and this is reported on your credit history, showing that you are looking to obtain new credit. A large number of hard credit inquiries can lower your credit score.
• Public Record and Collections: Credit reporting agencies collect public record information from state and county courts, and information on overdue debt from collection agencies. Public record information includes bankruptcies, foreclosures, suits, wage attachments, liens and judgments.

How do I get a copy of my credit report?

It's a good idea to check your credit reports from time to time, especially before applying for a major loan or a mortgage, so you can have the credit reporting agency correct any errors. Fortunately, you can do this for free. The Federal Fair Credit Reporting Act (FCRA) allows consumers to receive a free copy of their credit report once a year from each of the three national credit reporting agencies. This means you can review your credit report three times a year for free (one free report from each agency).

How to Request Your Credit Reports

In order to request a free copy of your credit report, you must use the central toll-free number, address or website set up by the three national credit reporting agencies (Equifax, Experian and TransUnion):

• By telephone: Call toll-free: 1-877-322-8228
• By mail: Download the Annual Credit Report Request Form (http://www.ftc.gov/bcp/edu/resources/forms/requestformfinal.pdf) and mail it to: Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281.
• Online: www.annualcreditreport.com.

You will be asked to provide personal information, including your name, address, date of birth, and Social Security number, when you request your free credit report. This is necessary to prevent identity thieves from obtaining copies of your credit report. Do not provide this personal information to suspicious or unofficial services.

• Do not reply to emails or phone calls offering you a free credit report.

AnnualCreditReport.com will not send you emails or phone calls offering your annual credit report or asking for your personal information.

• Be careful when typing website addresses online. Scammers often use websites with similar or misspelled URLs to trick consumers into providing their personal information.
• Avoid using other websites that offer free credit reports or free credit monitoring.
  • These websites are not part of the FCRA free credit report program.
  • AnnualCreditReport.com is the ONLY website that provides you with your free credit reports.
  • Imposter websites purport to provide these services for free, but they often have hidden costs or recurring membership fees.
  • Your right to free credit reports does not require you to purchase or subscribe to any service.

How do I fix errors on my credit report on my own?

• Once you receive a copy of your free credit report, check it for accuracy. You have the right to dispute information in your report that is inaccurate or incomplete.
• If you notice inaccurate or incomplete information, write a letter to the credit reporting agency that provided the report and the creditor associated with the charge notifying them of the problem. Be sure to include copies of relevant documents and provide as much information as you can.
• The credit reporting agency will investigate the disputed items. If it cannot verify the item within 30 days, it will be removed from your credit report. However, if the item is later verified, it will be added back to your credit report, and the credit reporting agency must mail you a written notice of its findings.
• If you disagree with the credit reporting agency’s decision, you may file a written statement explaining why you believe the item contained in your report is inaccurate. This statement will be included in your future credit reports.

How do I avoid becoming a victim of a Credit Repair Scam?

Every day on television, radio and in the mail, we hear and see ads from companies promising to repair your credit or raise your credit score. They can charge high fees and provide limited assistance. There are several easy steps you can take to avoid being the victim of a credit repair scam and monitor and repair your own credit.

• Don’t Pay Advance Fees. Under both federal and District of Columbia law, in most instances credit repair and credit counseling companies cannot charge you an advance fee before performing a promised service. As is set forth above, if you find negative information on your credit report, you can correct the information yourself at no cost.
• Selecting a Credit Counseling Agency. If you want to consult with a credit counseling agency, check your local bankruptcy court to see if it has been approved by the United States Trustee (you can check online at https://www.justice.gov/ust/list-credit-counseling-agencies-approved-pursuant-11-usc-111).
• Improve, monitor, and repair your own credit:

1. The most effective way to improve your credit is to pay your bills on time. If you are having trouble paying your bills, talk to your creditors about getting on a payment plan and lowering interest rates.
2. Monitor your credit by obtaining free credit reports throughout the year.
3. Once you get your free credit report, review it for accuracy. Follow the steps above to report and fix any incomplete or inaccurate items. This is a free service – you do not need to pay to contest items on your credit report.

What should I do if I am a victim of a Credit Repair Scam?

You can file a complaint with the District of Columbia Attorney General’s Office of Consumer Protection by calling our Consumer Hotline at (202) 442-9828, by email (consumer.protection@dc.gov), or by writing to the Office at:

Office of Consumer Protection
Office of the Attorney General
441 4th Street, N.W.
Washington, D.C. 20001

Below you'll find links to PDF versions of this information in English and Spanish:

Your new car is only a couple of months old, makes an unusual noise, and vibrates every time you drive at a higher speed. You repeatedly take it to the dealer that sold you the car, but despite its best efforts, the same problem keeps coming back. If this is happening to you, you may have purchased a “lemon” and may be entitled to either a similar replacement vehicle or a refund of the purchase price, minus a reasonable allowance for the miles on the vehicle.

What should you do if your car is having problems?

If you are experiencing mechanical problems with your new car, you should immediately contact an authorized dealer to have it checked out. In most cases, the manufacturer’s warranty that comes with your vehicle will cover any needed repair at no cost to you. Your warranty will tell you which parts and systems of your vehicle are covered and for how long. Be sure to follow the instructions in your warranty carefully as to what steps you must take in order to get your vehicle repaired. In most cases, if you need repairs, you must have them done by an authorized dealer, although you should not have to use the same dealer who sold you your vehicle.

In some cases, however, the dealer may be unable to fix your vehicle’s problem. If that is the case, you may have a lemon. If you feel that you have purchased a lemon, you can report it to the Office of the Attorney General’s Office of Consumer Protection either by calling 202-442-9828 or by writing to the Office of Consumer Protection.

What is covered under the Lemon Law?

• Must be a new motor vehicle sold or registered in the District of Columbia. The Lemon Law does not apply to used cars, motorcycles, motor homes, or recreational vehicles.
• Defect must occur within two years of purchases and before the vehicle is driven 18,000 miles, whichever date is earlier.
• There must be a significant impairment of the vehicle, such as a defect that renders the vehicle unreliable or unsafe for normal operation (e.g., problem with the engine, transmission, drive shaft, cooling system, electrical system, or fuel system) or the problem reduces the vehicle’s resale value below the average resale value for comparable vehicles.
• Items NOT covered under the Lemon Law include:
  • Defects or conditions that do not significantly impair the vehicle.
  • Defects or conditions caused by the abuse, neglect, or unauthorized modifications or alterations of the vehicle.

When is a vehicle considered a lemon?

For a vehicle to qualify under the Lemon Law, you either need to experience a significant problem with your vehicle or the same problem has to be subjected to a reasonable number of repair attempts by an authorized dealer and continue to exist after these attempts at repair.

For example:

• A non-safety-related problem that continues after 4 or more attempts to repair.
• A safety-related problem that creates a risk of fire, explosion, or is otherwise life-threatening, and continues after one or more attempts to repair have failed.
• A vehicle that has been out of service by reason of repair of any defects for a cumulative total of 30 days or more.

Manufacturer’s Duty to Repurchase or Replace a Lemon

If the manufacturer, its agent, or its authorized dealer is unable to repair or correct any nonconformity or defect after a reasonable number of attempts, the manufacturer must either repurchase or replace the vehicle, at your option.

Repurchase

If you decide to return the vehicle to the manufacturer for a refund, the manufacturer must refund to you:

• the full purchase price; and
• all sales tax, license, and registration fees, and any similar governmental charges; but
• the dealer may deduct a reasonable amount for your use of the vehicle which may not exceed 10 cents per mile for your use of the vehicle in excess of the first 12,000 miles of operation); the dealer may also deduct a reasonable amount for any damage not attributable to normal wear and tear or to the nonconformity.

Replacement

When replacing a vehicle, the manufacturer must provide you with a new, comparable vehicle. The reasonable allowance for use does not apply to a replacement.

Tips to Protect Yourself

Keep a record of every repair visit, including every invoice or repair order from the dealer. You may also want to keep a log of every problem you experience with your vehicle, including the date and time when you experience each problem.

Document everything! This includes taking notes of who you talk to, what is said, dates and times. Submit your complaints in writing and keep a copy for yourself.

Always insist that the dealer provide you with an invoice or repair order for each attempt to repair your vehicle. Make sure that invoice or repair order fully describes the defect for each repair visit.

Be careful not to buy someone else’s lemon. When dealerships resell a lemon they are required to include the words “manufacturer's buyback”. If you see those words you know that another consumer had a problem with the vehicle.

Below you'll find links to PDF versions of this information in English and Spanish:

While reviewing your credit card statement, you notice a series of charges that you do not recognize. You later get a collection call from a creditor for a late payment on an account that you never opened. You likely have become the victim of identity theft. Identity theft is a crime in which an imposter obtains your personal information (such as your Social Security number, date of birth, or driver's license number) and uses your identity to do things like open credit accounts in your name, purchase merchandise and services using your credit card, or obtain false credentials, such as an identification card.

Identity theft usually occurs when a thief steals documents from your home, mailbox, garbage, wallet, or steals data from a retailer, health care provider or other company with which you did business. It can also happen when scammers trick consumers into revealing their personal information via the Internet — a practice called “phishing” — or through unsolicited telephone calls. The good news is there are several simple steps you can take if you become the victim of identity theft.

How do I know that I have been a victim of identity theft?

One of the most frequent warning signs that your personal information has been compromised is that you receive a notice that a company where you do business or have an account has experienced a data breach. This means a thief or hacker compromised the company’s security and may have stolen some of your personal information. Other warning signs that your personal information may have been stolen by an identity thief include:

• Withdrawals from your bank or other financial account that you didn’t make.
• Unfamiliar charges appear on a credit card statement.
• Collections calls for debts you do not owe.
• Bills or financial statements stop arriving in the mail.
• Merchants refuse your checks.
• The IRS notifies you that more than one tax return was filed in your name.

What should I do if I suspect my personal information has been stolen?

1.  File a police report. In the District of Columbia, the Financial and Cyber Crimes Unit of the Metropolitan Police Department (“MPD”) handles identity theft complaints. You should file a complaint with MPD and ask for a police report. MPD can be contacted as follows:

• Via telephone at 202-727-4159.
• Via the Internet at https://www.mpdc.dc.gov.
• In person at your nearest MPD district station.

2.  Report the theft to your financial institutions. Immediately call and report the theft to the security or fraud department of each company with which you have an account. Follow up in writing, and include copies (NOT originals) of supporting documents. It’s important to notify credit card companies and banks in writing. Send such letters by certified mail, return receipt requested, so you can document what the company received and when. Keep a file of your correspondence and enclosures. If the identity thief has made charges or debits on your accounts, or has fraudulently opened new accounts, ask the company to close the accounts or replace your credit cards. Also ask the company to send you forms to dispute those transactions:

• For charges and debits on existing accounts, ask the representative to send you the company’s fraud dispute forms. Write to the company at the address given for “billing inquiries,” NOT the address for sending your payments.
• For new unauthorized accounts, ask if the company has specific fraud dispute forms. If the company already has reported these accounts or debts on your credit report, dispute this fraudulent information by calling the national credit reporting agencies (see below).

3.  Review your credit report. You should check your credit report regularly for any unusual entries, such as inquiries from companies you haven't contacted, accounts you didn't open, and debts in your name that you don’t recognize. You are entitled to one free copy of your credit report every year from each of the national credit reporting bureaus. You are also entitled to a free credit report if you either place a fraud alert or security freeze on your credit report (see below). You can obtain a free copy of your credit report either by calling one of the three national credit reporting agencies or by visiting https://www.annualcreditreport.com. You can contact the three national credit reporting agencies by phone, mail or online:

4.  Place fraud alerts or security freezes on your accounts. Most businesses will not open a new credit account without first checking your credit report. You can place either a fraud alert or security freeze on your credit report. This alerts businesses who check your credit report that you have been an identity theft victim before they open an account in your name.

Fraud Alerts

Fraud alerts can help prevent an identity thief from opening accounts in your name. A fraud alert notifies potential creditors that they should take steps to verify your identity before getting a copy of your credit report. To have a fraud alert placed on your credit report, you can contact the three national credit reporting agencies.

Security Freezes

A security freeze (also known as a credit freeze) restricts access to your credit reports, which makes it more difficult for identity thieves to open new accounts in your name. A security freeze does not prevent a thief from making charges to your existing accounts, so you may want to consider closing bank or credit card accounts that may have been compromised. A credit freeze does not affect your credit score. A credit freeze does not stop you from opening a new account, applying for a job, renting an apartment, or buying insurance. But if you’re doing any of these, you’ll need to lift the freeze temporarily, either for a specific time or for a specific party, such as a potential employer or landlord.

How do I place a freeze on my credit reports?

Contact each of the three credit reporting agencies (see above) and provide the following:

• Your full name, address, Social Security number, and date of birth. If you have moved in the past 5 years, you will need to supply the addresses where you have lived over the prior 5 years.
• Proof of current address, which could be a current utility bill or phone bill.
• For mailed requests, include a photocopy of a government issued identification card (state driver’s license or ID card, military identification, etc.).
• The payment of a $10 fee.
• If you are a victim of identity theft, you should provide a copy of any police report.

How do I lift a freeze?

• Contact the credit reporting agencies listed above.
• You may request a temporary lift of the freeze by mail, phone, or the Internet.
• You must provide proper identification.
• You must provide the unique PIN or password provided when you first requested the freeze.
• The freeze must be lifted no later than three (3) business days after receiving your request.

Who can access my credit report once it has been frozen?

• A creditor who requests your file to open a new account will only get a message or a code indicating that the file is frozen.
• You can access your credit report.
• It can be released to your existing creditors; to insurers licensed in the District; as the result of a court order; and for some government purposes, including collecting child support.

Additional Information

For additional information, visit the Federal Trade Commission’s website on identity theft at http://ftc.gov/bcp/edu/microsites/idtheft/ or write Identity Theft Clearinghouse, Federal Trade Commission, 600 Pennsylvania Avenue, NW, Washington, DC 20580.  For an identity theft recovery plan you can call the FTC's Identity Theft Hotline, toll-free: 1-877-ID-THEFT (438-4338); TTY: 1-866-653-4261 or visit https://IdentityTheft.gov.

Below you'll find links to PDF versions of this information in English and Spanish:

You get a call in the evening. The person on the phone is very friendly and wants to offer you a way to lower the rate on your credit cards. How do you know if the call is legitimate? While there are many trustworthy companies that use the telephone for marketing, it's sometimes hard to tell the difference between reputable telemarketers and the con artists who use the phone to take your hard earned money. Telemarketing scams target as many as 17.6 million Americans annually and as much as $40 billion dollars a year are lost to phone scams. You can protect yourself by learning how to recognize the danger signs of telemarketing scams.

Most telemarketing calls are subject to local and federal laws that require telemarketers to promptly identify themselves at the beginning of the call. Telemarketers are also prohibited from calling you before 8 a.m. or after 9 p.m. Telemarketers must also disclose that the purpose of the call is to sell a good or service and they must inform consumers of their cancellation and refund policies.

What are some of the warning signs of telemarketing scams?

• You get a call from a person who claims to be calling from your bank or credit card company stating that your account has been compromised and that they need to confirm your identity and financial information to protect you.
• You get a call from a stranger asking you to “help” a person that is located in another country transfer money out of their homeland (examples of some of the typical countries used are Nigeria, Sierra Leone or Iraq). These requests tend to include long and often sad stories explaining why the money cannot be transferred by the rightful owner and include a reward if you deposit a large check in your bank account.
• You get a call informing you that you have won a free gift, vacation, or prize, but you have to pay a fee or come to a local office and attend a presentation in order to claim your winnings. A legitimate prize promotion does not require any purchase or payment of money for a consumer to participate or win.
• The caller leaves a message that is “urgent” and that you must return the call right away because it is a limited time offer.
• You are told not to take time to think about the offer because it is “risk-free” or “guaranteed.”
• You are unfamiliar with either the company or the service that is being offered.
• To purchase the service offered, you must pay a large up-front fee. Many services, such as credit repair, debt consolidation and relief services, and credit offers, bar the collection of fees until the services have been performed.

How do I avoid being scammed by a telemarketer?

• Don’t be afraid to hang up if you feel pressured, the telemarketer is not answering your questions, or even if you do not get a “good feeling” from the telemarketer.
• Do not give your checking account number or other personal account numbers over the phone. Your bank, credit card company or broker will not call you to ask for your account number. Typically, they will only ask for such identifying information when you call them.
• Never give a telemarketer personal information about yourself, including your social security number.
• Avoid making purchases over the phone that require payment up-front via money order, wire transfer, international funds transfer, pre-loaded card or electronic currency. These forms of payment are virtually impossible to trace and very difficult to recover.
• Avoid high-pressure offers that require you to act immediately. Legitimate merchants will give you time to consider their offers.
• Avoid returning calls to unknown area codes. Calling back an unknown area code can be expensive because the merchant may be located in Canada or the Caribbean. A call lasting just a few minutes could cost you $20 or more.
• Never pay money up front to receive a prize, credit offer, or for debt relief services.

How do I stop unwanted telemarketing calls?

Register on the “Do Not Call” List. If you want to stop unwanted telemarketing calls, you can add your phone number to the national “Do Not Call” Registry by either calling 888-382-1222 or visiting www.donotcall.gov to register your phone number; include both your home and mobile phone. You should also ask callers to put your phone number on their own internal do not call lists.

Do not answer anonymous calls. Many phones come with caller ID features. Telephone service providers also offer this service. If you do not recognize the caller, do not answer the phone. Often telemarketers will keep calling a phone number if they know a live person will pick up the phone.

Use a Blocking Service. There are call blocking programs (“apps”) and services offered by telephone service providers (smart phones tend to have these apps as well) that may be used to block unwanted calls. These programs or services can block certain types of calls such as anonymous calls or specific phone numbers.

Do not share your phone number. Each time you share your number with a business, or provide it in connection with a prize offer, this increases the likelihood that either the recipient will call you or will sell your number to another telemarketer. This is because businesses or other organizations that collect consumer information can sell consumer lists without your permission to other businesses, including telemarketers.

What should I do if I’m the victim of a telemarketing scam?

You can file a complaint with the District of Columbia Attorney General’s Office of Consumer Protection by calling (202) 442-9828, email (consumer.protection@dc.gov), or by writing to the Office of Consumer Protection at the Office of the Attorney General.

You may also file a complaint with the Federal Trade Commission, 600 Pennsylvania Avenue, NW, Washington, D.C. 20580; (877) 832-4357; www.ftc.gov.

Below you'll find links to PDF versions of this information in English and Spanish: