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Beware of
advertisements for "advance-fee" or
"guaranteed" consumer and small business loans.
They are against the law. This brochure tells you how to
recognize ads for advance-fee loan scams, how to tell them
from legitimate offers by credit grantors, what to do if you
are a victim, and where you can find low-cost help in
dealing with credit problems.
Recognizing
An Advance-Fee Loan Scam
The vast majority of legitimate
lenders are owned and managed by professionals. But
fraudulent loan brokers and other individuals
misrepresenting the availability of credit and credit terms
definitely are in business. One of their favorite strategies
is the "advance-fee" loan scam. That's where you
are guaranteed to get a loan or other type of credit — but
you must pay before you apply.
Advertisements that promise loans
generally appear in the classified section of local and
national newspapers and magazines. They also may appear in
mailings, radio spots, and on local cable stations. Often,
these ads feature "900" numbers, which result in
charges on your phone bill, or toll-free "800"
numbers. Unfortunately, advertising in recognized media
outlets does not guarantee the legitimacy of the company
behind the ad. In addition, these companies often use
delivery systems other than the U.S. Postal Service, such as
overnight or courier services, to avoid detection and
prosecution by postal authorities.
Some companies claim they can guarantee
you a loan for a fee paid in advance. The fee may range from
$100 to several hundred dollars. Indeed, small businesses
have been charged as much as several thousand dollars as an
advance fee for a loan. Whether you are an individual
consumer or an owner of a small business, the result is the
same: you don't get your money; the con artist does. And
once con artists get your money, they disappear.
Don't confuse a legitimate pre-approved
credit offer with a legitimate pre-qualified offer from
mortgage brokers, banks, savings and loans, and credit
unions. A pre-approved offer requires only your verbal or
written acceptance. A pre-qualified offer means you've been
selected to apply. However, you still must go through the
normal application process, and you still can be turned
down.
If someone guarantees — or states —
there's a strong chance they can arrange to get you a loan
or other form of credit, be suspicious. And if you're asked
to pay before you receive the loan or credit offer, hang
up. It's against the law.
Protecting
Yourself
According to the Federal Trade
Commission's (FTC) Telemarketing Sales Rule, if someone
guarantees or suggests that there is a strong chance they
can get or arrange for a loan or other form of credit for
you, they cannot ask you to pay — or accept payment —
for their service until you get your loan or credit.
Here are some points to keep in mind
before you respond to ads that promise easy credit,
regardless of your credit history:
- Legitimate lenders never
"guarantee" or say that you are likely to get
a loan or a credit card before you apply,
especially if you have bad credit, no credit, or a
bankruptcy.
- If you apply for a real estate loan, it
is accepted and common practice for lenders to request
payment for a credit report or appraisal. However,
legitimate lenders never ask you to pay for processing
your application.
- Never give your credit card account
number, bank account information, or Social Security
Number over the telephone unless you are familiar with
the company and know why the information is necessary.
- If you don't have the offer in hand —
or confirmed in writing — and you are asked to pay,
hang up. It's fraud and it's against the law.
If You Are A
Victim
If you think you've been a victim of
an advance-fee loan scam, contact your local consumer
protection agency, Better Business Bureau (BBB), state
Attorney General, or Call for Action (202-537-0585; TDD:
202-537-1551) to report the company.
You also may file a complaint with the
FTC. Write to: Correspondence Branch, Federal Trade
Commission, Washington, DC 20580. Although the FTC generally
does not intervene in individual disputes, the information
you provide may help indicate a pattern of possible law
violations requiring action by the Commission.
Finding
Low-Cost Help for Credit Problems
It's a good idea to try to solve your
debt problems with your creditors as soon as you realize you
won't be able to make your payments. If you can't resolve
your credit problems yourself or need additional assistance,
you may want to contact a credit counseling service. There
are nonprofit organizations in every state that counsel
indebted consumers. Counselors try to arrange repayment
plans that are acceptable to you and your creditors. They
also will help you set up a realistic budget. These services
are offered at little or no cost.
Universities, military bases, credit
unions, and housing authorities also may offer low- or
no-cost credit counseling programs. Check the white pages of
your telephone directory for a service near you.
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