Here is a guide to help try to avoid being cheated or scammed by a business or company and check out or evaluate a company for free before you decide to pay them money for services.
Over the years a common theme has emerged where people feel they are scammed by a company or taken advantage of and it appears they have not checked them out before giving up their hard earned money for services. Here is my guide on what to do to help you from being a victim.
Checking out a company or business before you pay them a lot of money is smart and prudent. It can help keep you from being ripped off.
The largest issue I see when people are in trouble and looking for help is they tend to run to the first company that claims they can help them and they suspend commonsense or prudent measures and hope the company will perform the services they claim to be able to. It isn’t till later that people find out that the claims made may not have been true and then they are left in a worse spot and struggle trying to get their money back.
There is no one surefire way to checkout a company but here is what I suggest doing.
While it is true that some startup companies do legitimately use these mail centers to receive mail, it is also true that may fly-by-night outfits use them as well to shield themselves. They will close the mailbox and move on to the next thing.
If a company is not substantial enough or can’t provide you with a physical street address then you may want to consider if they are going to be around if a problem occurs.
If they do give you a physical street address with a suite number, do a Google search for that address and suite number. Many of those turn out to be virtual office spaces. They look like legitimate addresses but a little checking will show you they are just a fancier version of the mail drop mask.
You might want to suggest you are going to be in the area and you’d like to drop in unannounced at their address. If they try to talk you out of that, that might make you wonder why.
You can use the street address to take a look at it from the street using Google Maps. That can be extremely enlightening.
You will want to check the state in which they say they are located and your state. It is surprising the number of companies that are not licensed to conduct business in their own state. While a company may be operated as a sole-proprietorship and may not be a registered corporation or LLC with the state, that will at least give you a good idea how big they are and if they claim to be a “corporation, nonprofit, or LLC” they should be registered.
If a company is selling you debt help or a loan, they most likely should hold a state license or be exempt from licensing. Ask them for their licensing information to be able to provide a service. If they claim they are not required to be licensed, you can use the free debt relief compliance module to check if that is true.
If a company is attempting to sell you services and using the telephone, they must comply with the FTC Telemarketing Sales Rule.
May I base my advertising claims on the experiences of some previous customers?
Yes, but your sample must be representative of the entire relevant population of your past customers. To accomplish this you must, among other things, use appropriate sampling techniques, proper statistical analysis, and safeguards for reducing bias and random error. You can’t cherry-pick the most successful examples to inflate your results.
If you advertise or represent that your customers will save a certain amount of money or reduce their debt by a certain percentage – for example, “We can settle your debts for 40% to 60%” – your statements must be truthful, and you must have objective proof to back them up. Your claims must accurately reflect the results you’ve achieved for previous customers. It’s important to consider the message your claims convey. Under the law, the FTC looks at claims from the point of view of reasonable consumers. Therefore, what matters isn’t the literal accuracy of the words you use, but rather your proof to support the “net impression” your message conveys. For example, claiming that your past customers have achieved “up to 60% savings” is likely to convey to new customers that they, too, will get savings of around 60%. If you don’t have solid proof to back that up, the claim is deceptive.
Here are several important requirements for making sure your savings claims are truthful and not deceptive:
Example 8: Andy signs up with a debt relief service offered by Company H, owing $10,000 on his credit card. One year later, following negotiations with the credit card company, Company H negotiates a settlement allowing Andy to pay $6,000 to resolve the debt. However, since Andy enrolled, the credit card company has charged him interest and late fees totaling $2,000, so that Andy now owes $12,000. By getting a settlement for $6,000, Company H has saved Andy $4,000 ($10,000 minus $6,000) or 40% of the debt at the time of enrollment. It would be deceptive for Company H to claim to have saved Andy $6,000 ($12,000 minus $6,000) or 50% of his debt.
Example 9: Betty owes $10,000 on her credit card, and signs up with Company J’s debt relief service. Company J gets a settlement allowing Betty to pay $5,000 to resolve the debt. However, at the time of settlement, Company J charges Betty a $1,000 fee for its work. It would be deceptive for Company J to claim to have saved Betty $5,000 – or 50% of her debt – because Betty also had to pay $1,000 in fees. Instead, Company J may truthfully state Betty’s savings as $4,000 ($5,000 minus $1,000) or 40% of Betty’s debt.
Example 10: Company K had 10 customers signed up for its service. Each one had $10,000 in unpaid credit card debt for a total of $100,000. Five of the customers completed the program, and each saved $5,000 – for a total savings of $25,000. The remaining five customers dropped out of the program, each one still owing the $10,000 they owed when they signed up with the program. Taken together, Company K has saved its customers $25,000 – or 25% – of the total $100,000 debt they had when they signed up with the program. It would be deceptive for Company K to exclude the drop-outs and claim that it saved its customers 50% of their debt.
Example 11: Company L has 10 customers, and each of them enrolls two $1,000 debts in the program – totaling 20 debts or $20,000. Company L is able to settle 10 of the 20 debts, each for $500. However, it was unable to settle the remaining 10 debts before those customers either completed or dropped out of the program. Thus, Company L has saved its 10 customers $5,000 or 25% of their debts in the program. It would be deceptive for Company L to exclude the 10 accounts that weren’t settled and claim a savings rate of 50%.
While the FTC examples apply specifically to debt settlement companies, the examples can also be used as guidance for other debt help. For example, the success rate of a mortgage modification or credit counseling program.
Nearly all credit counseling programs will not put their performance numbers or success rates in writing. That should certainly make you wonder why.
Here is a good example of a credit counseling group that does put their performance measurements in writing and you can use that to evaluate what you should expect from other credit counseling groups.
For example, if a company is trying to sell you mortgage modification help for thousands of dollars, certainly they should be willing to provide you with documentation to show how successful they have been. And even supply performance data with your specific large lender should be on file. If they are unwilling or unable to provide you with such data, that should make you hesitant.
Remember, their data must show the performance of all clients enrolled, not just successful clients.
A BBB rating is not in and of itself the singular clue you should check. I think the companies response to previous complaints is more important. Check to see if previous complaints resolved satisfactorily? Does the company have complaints they’ve never responded to? For me, that’s more disturbing.
Also look for how many recent complaints the company may have and the type of complaints. If they are complaints about the product or service that should be a big red flag for you.
A second opinion will allow you to get a better idea if the claims being made to you are realistic and reasonable. There should be no problem in any attorney being comfortable with their claims when reviewed by another attorney licensed in their state. Think about it like this, do doctors complain when you as for a second opinion about a medical condition? No.
You can also check to see if the attorney is licensed to provide legal service by going to the website for the Bar association in the state.
I’ve seen plenty of contracts that say No Refund even though the representative told them there was. I’ve also seen plenty of contracts that make you agree that there are no guarantees or ask you to waive some of your rights away. And then there are the contracts that even say that everything you were told on the phone is not valid.
If you are being asked to agree to pages and pages of text, you must understand the agreement is written to protect the person selling you the services, not you. You absolutely must understand what you are agreeing to before you sign the document. If you don’t understand, ask for clarification in writing or take the contract to a lawyer licensed in your state and ask for a second opinion. Consumer advocacy lawyers can be located through NACA.net.
Individual consumer complaints may not be real, valid or accurate but it won’t take long for you to recognize a pattern of complaints. It’s the overall pattern that creates a red flag for me.
For example, not every customer is going to be happy. That’s a fact. But it’s how the company handles those customers that’s more important for me. I even wrote a guide on companies can handle upset customers and it’s a good guide on what you should look for and expect from a good company. Read How to Handle a Consumer Complaint Like a Pro And Come Out Smelling Like a Rose.
What I have observed is online consumer complaints that are then followed by glowing comments. People that are unhappy, complain and shout. People that are happy may post some comments on review sites but they don’t typically run around responding to every unhappy complaint. That’s the mark of someone trying to neutralize complaints, not respond to them.
In my opinion, ideally what you want is a company that will work hard to resolve any issue that might arise, not get upset over it and attack.
Use the complaints you may find online and the responses as an example of the integrity and professionalism of the company.
That should be an excellent start for you to check out a company or business before hiring them. If you follow my advice above you will have done more than 99% of people do before hiring a company.
The information you learn will help you to make a well informed decision if the company is right for you.