IX. CONSUMER PROTECTION ISSUES
*** The information contained in this section is designed to help a volunteer *** attorney provide preliminary guidance to victims of consumer fraud or those with debtor/creditor problems in Vermont. In most instances, the matters should be referred to the Vermont Attorney General’s Consumer Assistance Program: 800-649-2424.
Disasters are breeding grounds for unscrupulous consumer practices. Disaster
victims, particularly senior citizens, lower-income families, disabled people, and limited English or non-English speaking persons are vulnerable to scams. Even financially sound families may fall behind on credit payments resulting in collection actions. Consumer information is essential to help prevent victimization.
After any disaster, four factors typically impact consumers: (1) a desperation to
repair any damage and to heal family shock over losses; (2) excessive demand on firms which provide repair services; (3) limitations on the supply of available services because of damage to service providers; and (4) lack of financial resources to make repairs immediately (FEMA funding has yet to be approved or insurance funds have not been disbursed).
Verifying the Legitimacy and Trustworthiness of Service Providers Caretaker/Befriender/Relative Scams
Homeowners with limited resources, who are elderly or disabled, or who have
limited English language skills may be victimized by friends, relatives or caretakers. Complicating matters, the scammed homeowner may be unwilling to take legal action against a friend or relative. As such a disaster victim’s advocate, you may be able to achieve positive results for your client with a telephone call or letter to the scam artist. In the alternative, a referral to the AG’s Consumer Assistance Program may be helpful. CAP staff who find a violation of Vermont’s consumer protection laws may send the scam artist a letter explaining the law and advising the scam artist of possible solutions (e.g.: returning your client’s money or completing repairs within a certain timeframe).
Children of elderly parents sometimes seek control of their parents’ property for
their own uses, resulting in a transfer of title or use of a power of attorney to encumber the property. In the event of a presidentially declared disaster, to receive home repair assistance, an applicant must show that she both owns the damaged property and that it is her primary residence. However, an exception is made for cases in which an elderly or disabled person has transferred title but is the expected lifelong occupant of the property. In such a case, your client should apply for FEMA assistance immediately after the disaster to prevent the deed holder from filing and receiving benefits first. Should the deed-holding relative claim to reside in the property and be approved for assistance, the elderly or disabled client’s only remaining option would be to report the relative’s fraudulent behavior.
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