Credit and Sublease Brokers

Credit and Sublease Brokers

A new and rapidly growing area of consumer fraud involves con
artists who prey on people who have bad credit and who are having
problems getting loans to buy cars. There are two main schemes:
o The "credit broker" promises to get a loan for you in exchange
for a high fee. In many cases, the "broker" takes the fee and
disappears, or simply refers you to high-interest loan companies.

o The "sublease" broker charges a fee to arrange for you to
"sublease" or "take over" someone else's car lease or loan. Such
deals usually violate the original loan or lease agreement. Your
car can be repossessed even if you've made all of your payments.
You also might have trouble insuring your car.

To protect yourself:

o check with your state or local consumer protection agency to
find out if the broker is required to be licensed;

o do not do business with a company that does not appear to be
complying with state law; and

o do not pay for services in advance.

To order a free publication on how to buy a new or used car,
contact the Federal Trade Commission, Public Reference Section, 6th
and Pennsylvania Avenue, N.W., Room 130, Washington, DC 20580,
(202) 326-2222.

Car Leasing

o Shop around for the best leasing deal. Read lease promotions
carefully. The attractive low monthly payment might be available
only if you make a large down payment (capitalized cost
reduction) or a balloon payment at the end of the lease.

o Beware of open-end leases. They require the consumer to pay the
difference if the vehicle is worth less at the end of the lease
than was estimated originally.

o The Consumer Leasing Act requires leasing companies to give you
important information in writing before you sign a contract. Read
the documents given to you by the leasing company and make sure you
understand them before you sign anything. In
particular, look for:

-up-front costs, for example, security deposits, down payments,
advanced payments and taxes;

-the terms of the payment plan;

-termination costs, for example, excess mileage penalties,
excessive wear and tear charges, and disposition charges; and -
penalties for early termination or default.

When you have paid off a car loan, you own the car. When you have
paid off the lease, you own nothing.

To order a free publication on car leasing, contact the Federal
Trade Commission, Public Reference Section, 6th and Pennsylvania
Avenue, N.W., Room 130, Washington, DC 20580, (202) 326-2222.
Lemon Laws

Almost every state has a new car "lemon law" that allows the owner
a refund or replacement when a new vehicle has a
substantial problem that is not fixed within a reasonable number of
attempts. Many specify a refund or replacement when a
substantial problem is not fixed in four repair attempts or the car
has been out of service for 30 days within the first 12,000
miles/12 months. If you believe that your car is a lemon: o
contact your state or local consumer protection office for
information on the laws in your state and the steps you must take
to resolve the situation;

o give the dealer a list of symptoms every time you bring it in
for repairs; keep copies for your records;

o get copies of the repair orders showing the reported problems,
the repairs performed and the dates that the car was in the shop;
and

o contact the manufacturer, as well as the dealer, to report the
problem. Some state laws require that you do so to give the
manufacturer a chance to fix the problem. Your owner's manual will
list an address for the manufacturer.

If the problem isn't resolved, you might have the option of
participating in an arbitration program offered by the
manufacturer or your state. Contact your state or local consumer
protection office for information.

Lemon Law Summary is available upon request by sending a self-
addressed, stamped (52 cents) envelope to the Center for Auto
Safety, 2001 S Street, N.W., Suite 410, Washington, DC 20009.
Vehicle Repossessions

When you borrow money to buy a car, you should know that:

o The lender can repossess if you miss a payment or for any
default (a violation of the contract).

o The lender can repossess without advance notice.

o After repossession, the lender might be able to accelerate,
meaning the lender can require the borrower to pay off the entire
balance of the loan in order for the borrower to get the vehicle
back.

o The lender can sell the vehicle at auction.

o The lender might be able to sue the borrower for the
deficiency if it sells the car for less than the borrower owes.
This is true even in voluntary repossessions.

o The lender cannot commit a "breach of the peace," for example,
breaking into a home or physically threatening someone, in the
course of a repossession.

If you know you're going to be late with a payment, talk to the
lender to try to work things out. If the lender agrees to a delay
or to modify the contract, be sure you get the agreement in
writing.

Some states have laws which give consumers additional rights.
Contact your state or local consumer protection office for more
information.

To order a free publication on vehicle repossessions, contact the
Federal Trade Commission, Public Reference Section, 6th and
Pennsylvania Avenue, N.W., Room 130, Washington, DC 20580, (202)
326-2222.

Renting A Car

Federal law does not cover short-term car and truck rentals.
However, there are state laws that do. You should contact your
state or local consumer protection office for more information on
laws in your area.

o Shop around for the best rates.

o Compare all fees, in addition to the daily/weekly rate, before
renting.

o Most car rental contracts make the consumer liable for all
damage to the vehicle, no matter who caused it. Before buying a
rental company's collision or loss damage waiver, check with your
own car insurance company and your credit card company to see if
they cover car rentals and to what extent. It pays to do your
homework because these policies can add $3 to $15 per day to your
rental charges! Rental companies also might sell loss of use and
liability insurance. Check with your insurance agent in advance,
so you do not duplicate coverage you already have.

o If you pay by credit card, some rental companies will place a
hold or freeze on your account during the rental period. Others
might start to charge your account before the rental period is
over. Find out the company's policy in advance.

o Carefully inspect the vehicle and its tires before renting and
write down all the dents and scratches you see.

o Check refueling policies. You can refill at a local gas
station, you can let the car rental company refuel the car at its
price, which is usually higher, or you can pay in advance for a
refill which will cost you needlessly if there is any unused gas
upon returning the vehicle.

o Contact your state or local consumer protection agency for
information on state law or to report problems with your car
rental.

o To order a free publication on car rental, contact the Federal
Trade Commission, Public Reference Section, 6th and Pennsylvania
Avenue, N.W., Room 130, Washington, DC 20580, (202) 326-2222.
Mail Order

Federal mail order rules require companies that take consumers'
orders by mail to:

o ship the merchandise within 30 days of receiving a completed
order or within a different timeframe if it is stated in their ads;


o notify consumers if shipment can't be made on time and give them
the choice of waiting longer or receiving refunds; and o cancel
their orders and return their money (or give them credits on their
charge accounts) if the revised shipping date can't be met, unless
the consumers agree to another delay. There also might be laws
regarding mail order in your state. Contact your state or local
consumer protection agency.

o Keep a record of the name, address and phone number of the
company, goods you ordered, date of your order, amount you paid and
method of payment.

o Keep a record of any delivery period that was promised. o
If you are told that the shipment will be delayed, write the date
of that notice in your records and the new shipping date if you've
agreed to wait longer.

o When you cancel an order that wasn't shipped on time, you have
the right to get a refund within seven days or within one billing
cycle for charged sales.

o When you use your credit card for mail order purchases and you
don't receive the goods or services, or they were defective or
misrepresented, use the credit card protection rights described in
the section on Credit Cards, page 18.

o To limit some of the mail you do not want, you can sign up with
the free Mail Preference Service operated by the Direct Marketing
Association, a private trade group. It will instruct its mail
marketing members to take you off their lists. To join, write to
the Mail Preference Service, P.O. Box 9008, Farmingdale, New York
11735.

To report violations of the Federal mail order rule, contact the
Federal Trade Commission. For information on your state laws,
contact your state or local consumer protection agency. To report
a problem with mail order, contact the U.S. Postal
Inspection Service or the Postal Crime Hotline at 1 (800)
654-8896.