Consumer Protection

Attorney General Kamala D. Harris, Incoming U.S. Education Secretary John King Announce Expanded Debt Relief Options for Corinthian College Students

November 17, 2015
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SAN FRANCISCO - Attorney General Kamala D. Harris will join a telephone press call today with incoming Secretary of Education John King and Under Secretary of Education Ted Mitchell to release new factual findings by the U.S. Department of Education, which are the result of a joint investigation by the Department and the California Attorney General.  The Department of Education analyzed job placement rates at Everest and Wyotech Colleges, as well as additional evidence provided by Attorney General Harris, and concluded that placement rates were widely misrepresented to both enrolled and prospective students. 

These findings will lead to enhanced and streamlined debt relief opportunities for thousands of former students at Everest College and Wyotech College campuses in California as well as students nationwide who attended Everest University online.  Corinthian Colleges, Inc. owned Everest and Wyotech Colleges, along with Heald College.

“Corinthian preyed on vulnerable students who are now buried under mountains of student debt,” said Attorney General Harris.  “Today’s joint investigation findings will expand the pool of Corinthian students eligible for streamlined student loan relief options, helping them rebuild their lives and pursue a brighter future. I thank the Department of Education for joining my office to keep Corinthian accountable for their actions and providing debt relief to students who were misled."

“I commend Attorney General Kamala Harris and her team for their collaboration in the effort to help defrauded Corinthian students receive the relief they are entitled to,” said Secretary of Education Arne Duncan. “The results of our joint investigation will allow us to get relief to more students more efficiently.  Helping wronged students is much easier when everyone—Congress, State Attorneys General, accreditors, authorizers and the Department—does their part to protect students and works together.  Our team welcomes help from anyone who wants to follow her lead.”

The factual findings will help students establish a case for “defense to repayment” loan relief (the process by which students may be relieved of loan obligations if their schools violated state law) on a program-wide basis to former Corinthian students who enrolled in programs for which Corinthian published false placement rates.  This assistance is vital to students who might otherwise face the difficult task of proving that they are entitled to relief on an individual, case-by-case basis.

The findings from this investigation apply to Everest and Wyotech locations in California, as well as Everest University online programs based in Florida, and add to the existing findings concerning programs at Heald College – which were also a part of the joint investigation with Attorney General Harris’s office.  The Department of Education expects these findings will allow it to simplify and expedite the relief process for tens of thousands of former students at Wyotech and Everest.  Investigations into Corinthian schools by the Department of Education will continue.

Following the April 2015 announcement by Corinthian Colleges, Inc. that it “substantially [ceased] all operations and discontinued instruction” at all Corinthian Colleges, Attorney General Harris announced an online “Interactive Tool for Corinthian Students” to help former Corinthian students learn more about what forms of relief may be available to them, based on their specific circumstances. 

The tool, available at http://oag.ca.gov/corinthiantool, was updated after the June 2015 announcement expanding streamlined relief to certain Heald College students and has now been updated to reflect new options now available for certain former Everest and Wyotech College students.  It prompts students to answer a short series of questions, which will result in a personalized resource sheet with information about types of relief they may be eligible for, information on free local legal aid organizations that may provide advice and assistance in applying for relief, and information on cost-effective educational opportunities in their geographic area. The Department of Education also has information on debt relief for former Corinthian students at www.studentaid.gov/Corinthian.

In 2013, Attorney General Harris filed a lawsuit against Corinthian Colleges, Inc. for false advertising and deceptive marketing targeting vulnerable, low-income students and misrepresenting job placement rates to potential and current students, investors and accrediting agencies.

Last year, after Corinthian’s failure to comply with federal regulations, the Department of Education heightened its oversight of the company.  In February 2015, the Department of Education and the Consumer Financial Protection Bureau (CFPB) secured more than $480 million in forgiveness for borrowers who took out Corinthian College’s high-cost private student loans.

In early April of this year, Attorney General Harris urged the U.S. Department of Education to relieve the student loan debt of thousands of students who attended Corinthian Colleges, Inc. campuses.  Later that month, the Department of Education took action against Corinthian Colleges, Inc, issuing a $30 million fine for misrepresentation of its job placement rates at Heald Colleges.  Other steps taken by the Department of Education included placing Corinthian on heightened cash management, requiring the company to sell or close all of its programs, and establishing an independent monitor to protect students, reduce tuition, and eliminate poor-performing programs. 

Former Corinthian students can learn more about debt relief by visiting http://oag.ca.gov/corinthian and www.studentaid.gov/Corinthian.

Attorney General Kamala D. Harris Issues Consumer Alert on Veteran “Pension Poaching” Scams Targeting Military Veteran Seniors and Their Families

November 10, 2015
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

LOS ANGELES – As we honor our military service members on Veterans Day, Attorney General Kamala D. Harris today issued a consumer alert to Californians regarding scams targeting seniors who served in the military and their survivors. These scams have been reported to the California Department of Justice’s Public Inquiry Unit.

“California’s veterans have made extraordinary sacrifices to keep our nation safe and uphold our most sacred values and freedoms,” said Attorney General Harris. “Sadly, many of our senior veterans are being targeted by scam artists seeking to take advantage of them for a quick profit. My office will continue to protect our veterans and ensure that predators who seek to profit from their service are held accountable.”

These reported “pension poaching” scams prey on veterans and target the financial assistance offered through the Veterans Administration Aid and Attendance Program, which provides pension benefits to financially disadvantaged wartime veterans and their survivors over 65 years of age.

Specifically, pension poaching scams involve unscrupulous insurance agents and their representatives posing as unpaid volunteers or accredited VA representatives who offer to help seniors apply for VA pension benefits. These insurance agents and their representatives lure seniors into buying an annuity or setting up an irrevocable trust to create a false appearance of financial hardship by attempting to conceal the senior’s assets.

Insurance agents and their representatives charge high fees for these services, including undisclosed sales commissions that are paid to the purported volunteer. Targeted seniors may not be fully aware of the consequences of moving their assets into an annuity or irrevocable trust, such as strict withdrawal limitations leaving them without access to funds they may actually need for their care.

Although a VA pension benefits application based on false financial need may be successful, those who receive this benefit may face significant financial and legal consequences if the concealed funds are discovered, including repayment of benefit amounts received. Seniors who receive other VA or government-sponsored benefits that require disclosure of funds held in annuities and irrevocable trusts are especially vulnerable to reversal of their VA pension benefit.

WHAT TO LOOK OUT FOR

The Attorney General offers California consumers the following tips to protect themselves from VA pension benefits poaching scams:

  • Anyone who asks you to pay money or move assets in connection with applying for a VA pension benefit is likely not a VA-accredited representative.  He or she may be an insurance agent or representative who receives a sales commission for selling you an annuity or irrevocable trust.  
  • Moving assets into an annuity or irrevocable trust could restrict your access to these funds and may have significant unintended tax or legal consequences that outweigh any financial benefit gained from receiving VA pension benefits.
  • If you receive VA pension benefits based on false financial need, you could be required to repay any benefits received back to the government.

WHAT TO DO IF SOMEONE OFFERS TO HELP YOU APPLY FOR VA PENSION BENEFITS 

If you are approached by someone offering to help you apply for VA pension benefits, contact your local VA Benefits Office, or your County Veterans Service Office, to determine whether this assistance is reputable.  Be wary of sharing personal information over the phone.  VA and County Veterans Service Office representatives will tell you what you need to know and their advice is free.  

A directory of VA benefits offices is available at www.va.gov/directory/.  A list of County Veteran Service Offices is available at https://www.calvet.ca.gov/VetServices/Pages/CVSO-Locations.aspx.

HELPFUL RESOURCES

If you believe that you are a victim of a pension poaching scam and do meet the age, military service, and financial need requirements for a VA pension benefit, VA-accredited representatives including Veterans Service Organizations, agents, and attorneys are available to help you file a claim, free of charge. 

You can also file a complaint with the California Department of Justice by visiting http://oag.ca.gov/contact/consumer-complaint-against-business-or-company.

A searchable list of VA-accredited representatives is available at www.va.gov/ogc/apps/accreditation/index.asp or call 1-800-827-1000.

For more information about VA Aid and Attendance pension benefits, visit www.benefits.va.gov/pension.   

檢察長 Kamala D. Harris 針對以老年人為目標的 Medicare 詐騙行為發佈消費者警示

October 13, 2015
Contact: (916) 210-6000, agpressoffice@doj.ca.gov
洛杉磯- 檢察長 Kamala D. Harris 今天針對在 Medicare 開放投保期間(從 10 月 15 日到 12 月 7 日)鎖定老年人的可能詐騙,向加州人民發佈消費者警示。在此段期間,年滿 65 歲以上的老年人應該評估其 Medicare 計畫,並考慮不同的計畫選項。在開放投保期間所進行的許多 Medicare 計畫變更將從 2016 年 1 月 1 日起生效。在評估 Medicare 計畫的過程中,老年人應機警地確保不會遭到 Medicare 詐騙人士的利用,詐騙集團可能會誤導他們、或嘗試取得及濫用他們的個人資訊。

注意事項

檢察長提供加州人民以下的提示,以便在 Medicare 開放投保期間自我保護: • 消費者不得提供社會安全碼或帳戶資訊給自稱是 Medicare 員工的來電者。Medicare 員工不會來電要求透過電話取得此類資訊。 • 老年人不得提供個人資訊給自稱代表醫師、醫院或醫療機構的來電者。當老年人不確定來電者的身份時,他們應該直接聯絡該組織。 • Medicare 並沒有登門拜訪的業務代表。老年人應該小心偽裝成 Medicare 到府拜訪的業務代表,且不得讓這些人員進入他們的家裡。 • 要提防免費健檢或醫療用品的優惠。詐騙公司可能利用這些優惠取得並濫用您的個人資訊。 要留意提供免費午餐給老年人以交換出席演講或投保某一計畫的行銷手法。因為聯邦法律並不允許在行銷 Medicare 健康或藥物計畫的過程中提供免費的餐點,切勿信任提供此類安排的任何人。 如果業務代表要求透過電話或網路提供帳單資訊,請拒絕提供此類資訊並要求郵寄帳單。Medicare 計畫代表不得透過電話或網路要求您付款。 • 銷售人員不得使用激烈的銷售手法迫使老年人購買不必要或不適合的 Medicare 產品或計畫。如果您遇到此類手法,請暫勿決定,利用機會與您信任的朋友或親戚討論,協助您確定哪些最適合您的需求。

如果您是 Medicare 詐騙的受害者,該怎麼辦

如果您認為自己是 Medicare 詐騙的受害者,可以撥打檢察長熱線檢舉報案:1-800-447-8477。您可以上網查詢更多資訊,網址:www.stopmedicarefraud.gov。 Medicare 與 Medicaid 服務中心 (Centers for Medicare and Medicaid Services) 準備了方便的 YouTube 影片,名稱為 “Medicare & You",片中說明如何避免自己成為 Medicare 詐騙的受害者。若要觀賞影片,請至:https://www.youtube.com/watch?v=fY9lmEKlu88。 加州保險部 (California Department of Insurance) 提供加州人民保險保護,並收集關於由保險公司承保之 Medicare 計畫的申訴。若要對加州保險部提出關於 Medicare 詐欺或詐騙的申訴,請造訪:https://www.insurance.ca.gov/01-consumers/101-help/index.cfm。 加州司法部 (California Department of Justice) 保護消費者的權利,並收集關於詐騙的申訴,以辨識不法活動的型態。若要對加州司法部提出關於 Medicare 詐欺或詐騙的申訴,請使用以下其中一份申訴表單: English:https://oag.ca.gov/contact/consumer-complaint-against-business-or-company。 En Español: http://oag.ca.gov/sites/all/files/agweb/pdfs/contact/business_corpform_sp.pdf? 中文http://oag.ca.gov/sites/all/files/agweb/pdfs/contact/business_corpform_chin.pdf? Tiếng Việt:http://oag.ca.gov/sites/all/files/agweb/pdfs/contact/business_corpform_viet.pdf?

有用的資源

若要深入瞭解 Medicare,請造訪美國政府的 Medicare 官方網站,網址:https://www.medicare.gov (English) 或 https://es.medicare.gov (Español)。 加州保險部規範由保險公司承保的健康計畫。關於老年人各種健康照護選項的資訊,請參閱:http://www.insurance.ca.gov/0150-seniors/0300healthplans。   加州老人健康保險諮商與倡權方案 (California Department of Aging’s Health Insurance Counseling and Advocacy Program, HICAP) 提供關於 Medicare 的資訊以及 Medicare 福利的協助。若要深入瞭解 HICAP,請參閱:https://www.aging.ca.gov/HICAP

La Procuradora General Kamala D. Harris emite una alerta al consumidor acerca de estafas utilizando Medicare dirigidas a personas mayores

October 13, 2015
Contact: (916) 210-6000, agpressoffice@doj.ca.gov
LOS ANGELES - La Procuradora General Kamala D. Harris emitió hoy una alerta al consumidor para los californianos en relación a posibles estafas dirigidas a personas mayores durante el periodo abierto de registro para Medicare desde el 15 de octubre hasta el 7 de diciembre. Durante este periodo, las personas mayores de 65 años de edad o más, deben evaluar sus planes de Medicare y considerar varias opciones para el plan. Cualquier cambio en el plan de Medicare que se haga durante el periodo abierto de registro será efectivo el 1 de enero de 2016. Mientras evalúan los planes de Medicare, las personas mayores tienen que estar alerta para asegurarse que no son víctimas de estafadores que les pueden mal aconsejar o tratar de obtener y abusar de su información personal.

Lo que hay que vigilar

La Procuradora General ofrece los siguientes consejos a los consumidores de California para protegerse durante el periodo abierto de registro en Medicare:

•  Los consumidores no deberían dar los números de seguridad social ni información de la cuenta a personas que llamen por teléfono diciendo que son empleados de Medicare. Los empleados de Medicare no le llamarán para pedirle esta información por teléfono.

•  Las personas mayores no deberían dar información personal a personas diciendo que llaman de parte de un doctor, hospital, o agencia de salud.  Cuando una persona mayor no está segura acerca de la identidad de la persona que llama, deben contactar a la organización en cuestión directamente.

•  Medicare no tiene representantes de ventas puerta-a-puerta.  Las personas mayores deben ser cautas con individuos que pretenden ser representantes de ventas de Medicare puerta-a-puerta, y no deberían dar acceso a sus casas a estos individuos.

•  Sea cauteloso con las ofertas que ofrecen exámenes o suministros médicos gratuitos.  Hay compañias deshonestas que pueden usar estas ofertas para obtener y abusar de su información personal.

•  Sea cauteloso con las promociones de marketing que ofrecen un almuerzo gratis a las personas mayores a cambio de atender una presentación o registrarse para un plan. Ya que la ley Federal no permite que se ofrezcan comidas gratis durante el marketing de un plan de salud o medicamentos de Medicare, no confíe en nadie que le ofrezca este tipo de ofertas.

•  Si un representante le pide información de cobro/facturación por teléfono o por Internet, rechace dar la información y pida que le envíen la factura por correo. Los representantes de un plan Medicare no están autorizados a pedirle a usted pagos por teléfono o por Internet.

•  Un vendedor no debería usar tácticas agresivas de venta para forzar a una persona mayor a comprar un producto o plan de Medicare que no es necesario o que no se adapta a las necesidades. Si usted se encuentra con estas tácticas, no tome ninguna decisión hasta que haya podido discutirla con un familiar o amigo de confianza que le pueda ayudar a decidir lo que más le conviene.

¿Qué hacer si usted es víctima de una estafa de Medicare?

Si usted cree que ha sido víctima de una estafa de Medicare, llame y complete una denuncia con el Inspector General al:  1-800-447-8477.  Puede encontrar más información aquí: www.stopmedicarefraud.gov

Los Centros de Medicare y Servicios de Medicaid han preparado un video de YouTube muy conveniente titulado “Medicare & You” que le explica cómo protegerse para no ser víctima de una estafa de Medicare:  Para ver el video, visite: https://www.youtube.com/watch?v=fY9lmEKlu88

El Departamento de Seguros de California le ofrece protección de seguros para californianos y recoge quejas acerca de planes Medicare que son suscritos por compañías de seguros. Para enviar una queja al Departamento de Seguros de California en relación a una estafa o fraude de Medicare, visite: https://www.insurance.ca.gov/01-consumers/101-help/index.cfm.

El Departamento de Justicia de California protege los derechos de los consumidores y recoge quejas acerca de estafas para identificar patrones de mala conducta. Para enviar una queja al Departamento de Justicia de California acerca de un fraude o estafa de Medicare, use uno de los siguientes formularios de queja:

Inglés: https://oag.ca.gov/contact/consumer-complaint-against-business-or-company.  

En Español: http://oag.ca.gov/sites/all/files/agweb/pdfs/contact/business_corpform_sp.pdf?

中文: http://oag.ca.gov/sites/all/files/agweb/pdfs/contact/business_corpform_chin.pdf

Tiếng Việt: http://oag.ca.gov/sites/all/files/agweb/pdfs/contact/business_corpform_viet.pdf?

RECURSOS DE AYUDA

Para saber más acerca de Medicare, visite el sitio oficial del gobierno de los EE.UU. para Medicare en https://www.medicare.gov (Inglés) o https://es.medicare.gov (Español).

El Departamento de Seguros de California regula los planes de salud que son suscritos por compañías de seguros.  Información acerca de las varias opciones de cuidado de la salud para personas mayores está disponible en http://www.insurance.ca.gov/0150-seniors/0300healthplans.  

El Departamento de Consejería de Seguro de Salud para Adultos Mayores y Programa de Defensa (HICAP) le ofrece información acerca de Medicare y ayuda con los beneficios de Medicare.  Más información acerca de HICAP en https://www.aging.ca.gov/HICAP

Attorney General Kamala D. Harris Announces Settlement with JPMorgan Chase for Unlawful Debt-Collection Practices

November 2, 2015
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

LOS ANGELES - Attorney General Kamala D. Harris today announced a stipulated judgment resolving allegations that JPMorgan Chase (Chase) committed credit card debt-collection abuses against tens of thousands of Californians. The settlement specifically addresses debt collection wrongdoing that includes collecting incorrect amounts, selling bad credit card debt, and running a debt collection mill that involved illegally “robo-signing” thousands of court documents and improperly obtaining default judgments against military servicemembers.

As part of the settlement, Chase will pay $50 million in restitution to consumers nationwide, including an estimated $10 million to California consumers, and significant restitution to servicemembers in California, some of whom were on active duty when Chase obtained illegal default judgments against them.  Chase will also pay $50 million in penalties and other payments to California, through the Office of the Attorney General.  The judgment includes injunctive terms that fundamentally change Chase’s credit card debt-collection practices to prevent similar misconduct in the future.

“Abusive and illegal debt collection practices will not be tolerated in California,” Attorney General Harris said.  “This settlement provides real relief to tens of thousands of Californians, including servicemembers, and prevents JPMorgan Chase from continuing  these deceptive and illegal debt collection practices.”

Between 2009 and 2013, Chase filed more than 125,000 credit card collection lawsuits against California consumers relying on illegally robo-signed sworn documents and provided an additional 30,000 robo-signed sworn statements in support of lawsuits filed against California consumers by third-party debt-collectors.  Chase also made systematic calculation errors regarding the amounts owed, and sold “zombie debts” to third-party debt-collectors that included accounts that were inaccurate, settled, discharged in bankruptcy, not owed, or otherwise not collectable.

The Attorney General’s investigation and litigation further revealed that Chase sent letters to consumers that contained illegal threats and were signed by attorneys who did not review the accuracy of the information, determine if litigation was appropriate, or intend to follow through on some of the threats made, in violation of California’s Rosenthal Fair Debt Collection Practices Act.  Chase also filed false declarations regarding military service and improperly obtained default judgments against servicemembers on active duty, in violation of the Servicemembers Civil Relief Act and the California Military and Veterans Code.

The judgment requires Chase to document and confirm debts before filing credit card collections lawsuits or selling credit card debts to debt-collectors.  Chase is barred from robo-signing court and other documents, and also must prohibit debt buyers from reselling the credit card debts owed to Chase.  Chase is also barred from selling certain debts, and is required to permanently stop all attempts to collect, enforce in court, or sell more than 528,000 consumer accounts valued at hundreds of millions of dollars. 

This stipulated judgment resolves litigation filed by the Attorney General against Chase on May 9, 2013.  Chase separately agreed to pay additional penalties and other payments to the Office of the Comptroller of the Currency, the Consumer Financial Protection Bureau and other states in related actions.

Copies of the complaint and stipulated judgment are attached to the online version of this release at www.oag.ca.gov/news.

Attorney General Kamala D. Harris Issues Consumer Alert on Debt Collectors Misleading Consumers about Traffic Tickets and Infractions Amnesty Program

October 28, 2015
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

LOS ANGELES - Attorney General Kamala D. Harris today issued a consumer alert to warn Californians about debt collectors giving consumers inaccurate information about the amnesty program for unpaid traffic and non-traffic infraction tickets.  The amnesty program offers eligible Californians who have unpaid infraction tickets the opportunity to have their debt reduced by half or more and to have their driver’s license reinstated.  Each county has its own rules related to the amnesty program, so you must contact the county that issued your ticket to see if you qualify.  The program, which started October 1, 2015, continues through March 31, 2017.

This consumer alert is being issued because of complaints made against debt collectors managing the amnesty program for some counties, claiming that they are not telling eligible consumers about the program or are providing misleading information.  The Attorney General’s Office has received complaints about:

  • Debt collectors incorrectly telling eligible consumers that they don’t qualify for amnesty;
  • Debt collectors not telling eligible consumers about the program;
  • Debt collectors pressuring consumers to make “good faith” payments but not telling them that such payments will make them ineligible for debt reduction; and
  • Debt collectors failing to ensure that the Department of Motor Vehicles (DMV) receives notice that consumers have completed their payments under the amnesty program.  

Here is what you should know about the amnesty program:

When will the amnesty program be available?

The program started October 1, 2015, and ends March 31, 2017.

What tickets are eligible for amnesty?

  • Unpaid tickets and related “failure to appear” violations with an initial payment due date on or before January 1, 2013 are eligible.
  • Some misdemeanors may qualify.  Contact the Superior Court in the county that issued the ticket to see if your misdemeanor qualifies.  You can find a list of superior courts with phone numbers and links to their amnesty program website here: https://www.dmv.ca.gov/portal/dmv/detail/home/amnestyproginfo

What tickets are not eligible for amnesty?

  • Parking tickets
  • Citations for reckless driving
  • Citations for driving under the influence (DUI)

Who cannot participate in the debt reduction portion of the amnesty program?

  • People whose ticket had an initial due date of January 2, 2013 or later.
  • People who owe victim restitution on any case in the county where the ticket was issued.
  • People with certain outstanding misdemeanor or felony warrants in the county where the ticket was issued.
  • People whose ticket had an initial due date of January 1, 2013 or earlier, but who made a payment on the ticket after September 30, 2015.  You may, however, still be able to have your driver’s license reinstated under the amnesty program even if you do not qualify for debt reduction.

How much will I have to pay?

Under the amnesty program, eligible participants will not have to pay any civil assessments.  Once the civil assessments are deducted, the remaining balance owed will be reduced by 50% or 80%, depending on income or whether you receive public assistance.

  • The discount will be 80% for those who receive public assistance or certify that they make 125 percent or less than the federal poverty level.  This number is currently $14,712 for individuals, $19,912 for a family of two, $25,112 for a family of three, and $30,312 for a family of four.
  • The discount will be 50% for all other eligible participants.

How do I participate in the amnesty program?

Contact the Superior Court in the county where you received the ticket to see if you qualify for the amnesty program.  If you have more than one ticket in more than one county, you will have to contact the Superior Court in multiple counties.

Will there be a fee to participate?

A $50 fee may be charged by the Superior Court, county, or third party collection agency.

The DMV will also charge a $55 fee for reinstatement of your driver’s license, as it does for any license reinstatement.

Will there be an installment payment option?

Yes, a payment plan option will be available through the Superior Court, county, or third party collection agency.  Payments will be based on the ability to pay.

To File a Complaint and for More Information:

If you have information about a debt collector giving people misleading information about the program, you can file a complaint with the Attorney General’s Office online here (https://oag.ca.gov/contact/consumer-complaint-against-business-or-company), or by sending a letter to:

Public Inquiry Unit
P.O. Box 944255
Sacramento, CA 94244-2550 

The Judicial Council has also posted information about the amnesty program, available at: http://www.courts.ca.gov/trafficamnesty.htm.

Attorney General Kamala D. Harris Announces Collaboration with AARP California To Protect Seniors from Fraud and Abuse

October 27, 2015
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

LOS ANGELES - Attorney General Kamala D. Harris today announced a new collaboration between the Office of the Attorney General and AARP California to protect seniors from abuse and fraud. The collaboration will focus on educating seniors, their families and the general public about elder abuse and fraud laws designed specifically to protect those who are 50 and over. 

“Seniors are one of the most vulnerable and targeted populations in our state. My office is committed to holding accountable those who defraud, abuse, or neglect our senior citizens,” said Attorney General Harris.  “I am pleased to collaborate with AARP California to deepen our engagement with seniors and to ensure their protection from those who prey upon them.”

Specifically, the collaboration will include hosting tele-town halls and webinars, developing and disseminating consumer and educational resources to protect against scams and schemes, and continuing to vigorously prosecute those who mistreat the elderly population in violation of state law.

“AARP California, through its AARP Fraud Watch Network, is very pleased to join forces with the Office of the Attorney General so together we can further arm Californians with the tools they need to spot and avoid scams,” said Nancy McPherson, AARP CA State Director. “The Fraud Watch Network is a free resource for people of all ages that offers real-time alerts about the latest scams in our state, along with a scam tracking map where people can report on scams to alert their friends and neighbors. Additionally, the AARP Fraud Watch Network provides advice to outsmart con artists, and a helpline where Californians can talk to a trained volunteer for advice if they or someone they love has been scammed,” added McPherson.

Upon coming into office, Attorney General Harris reinstituted the Operation Guardian program under the Bureau of Medi-Cal Fraud and Elder Abuse (BMFEA), which helps protect and improve the quality of care for California's elder and dependent adult residents living in skilled nursing facilities and which had been suspended as a result of budget cuts.  BMFEA is charged with investigating and prosecuting Medicaid provided fraud, the abuse and neglect of patients in Medicaid-funded residential health care facilities, and investigating fraud in Medicaid program administration. 

BMFEA is headquartered in Sacramento with five field offices (including Sacramento regional, Burbank, Laguna Woods, San Diego, and West Covina).  The Bureau maintains a toll-free number (1-800-722-0432) for referrals or complaints and offers a simple-to-use complaint form online: http://ag.ca.gov/bmfea/reporting.php.

BMFEA also participates in community events, such as health fairs and neighborhood crime prevention meetings, and provides elder abuse and fraud training to law enforcement and regulatory agencies.

In addition to consumer resources to protect seniors, Attorney General Harris’ office and AARP California are exploring ways to engage AARP members in the Attorney General’s 3rd grade reading campaign to ensure children are reading at grade level by third grade and on track to graduate from high school.  The initiative is a core priority for Attorney General Harris and is a central tenet of her “smart on crime” approach, as those who regularly attend school from a young age are less likely to drop out of school, fail to graduate, and come into contact with the criminal justice system.  The AARP Foundation Experience Corp program engages adult aged 50-plus as tutors and mentors to increase literacy and engagement among children in grades K-3.

Attorney General Kamala D. Harris Issues Consumer Alert on Medicare Scams Targeting Seniors

October 13, 2015
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

En Español 

中文

LOS ANGELES - Attorney General Kamala D. Harris today issued a consumer alert to Californians regarding potential scams targeting seniors during Medicare’s open enrollment period, from October 15 through December 7.  During this time, senior citizens who are 65 years old and older should assess their Medicare plans and consider various plan options.  Any Medicare plan changes that are made during open enrollment will be effective on January 1, 2016.  In the course of evaluating Medicare plans, seniors should vigilantly ensure that they are not taken advantage of by Medicare scam artists who may misguide them, or attempt to obtain and misuse their personal information. 

What to look out for

The Attorney General offers California consumers the following tips in order to protect themselves during Medicare’s open enrollment period:

•  Consumers should not provide social security numbers or account information to callers who claim to be Medicare employees.  Medicare employees will not call and request such information by phone.

•  Seniors should not provide personal information to callers who claim to be calling on behalf of a doctor, hospital, or health agency.  When seniors are uncertain about the identity of a caller, they should directly contact the organization in question.

•  Medicare does not have door-to-door sales representatives.  Seniors should be cautious of individuals posing as door-to-door sales representatives for Medicare, and should not allow such individuals into their homes.   

•  Be wary of offers to provide free medical exams or supplies.  Dishonest companies may use these offers to obtain and misuse your personal information. 

•  Be careful of marketing promotions where a free lunch is offered to seniors in exchange for attending a presentation or signing up for a plan.  Since federal law does not permit a free meal to be provided during the marketing of Medicare health or drug plans, anyone offering this arrangement should not be trusted.

•  If a representative demands that billing information be provided by phone or on the web, refuse to provide such information and request a bill in the mail.  Medicare plan representatives are not allowed to ask you for payment over the phone or web. 

•  A salesperson should not use aggressive sales tactics to force a senior into purchasing a Medicare product or plan that is unnecessary or unsuitable.  If you encounter such tactics, do not make a decision until you have had a chance to discuss it with a trusted friend or relative who can assist you with determining what best suits your needs. 

What to do if you are the victim of a Medicare scam

If you believe you are a victim of Medicare fraud, call and file a report at the Inspector General’s hotline:  1-800-447-8477.  You can find more information here: www.stopmedicarefraud.gov

The Centers for Medicare and Medicaid Services have prepared a convenient YouTube video titled “Medicare & You” that explains how to protect yourself from becoming a victim of Medicare fraud:  To watch the video, please go to: https://www.youtube.com/watch?v=fY9lmEKlu88

The California Department of Insurance provides insurance protection for Californians and collects complaints on Medicare plans that are underwritten by insurance companies.  To submit a complaint to the California Department of Insurance regarding a Medicare fraud or scam, please visit: https://www.insurance.ca.gov/01-consumers/101-help/index.cfm.

The California Department of Justice protects the rights of consumers and collects complaints on scams in order to identify patterns of wrongful activity.  To submit a complaint to the California Department of Justice regarding a Medicare fraud or scam, please use one of the following complaint forms:

English: https://oag.ca.gov/contact/consumer-complaint-against-business-or-company.  

En Españolhttp://oag.ca.gov/sites/all/files/agweb/pdfs/contact/business_corpform_sp.pdf

中文: http://oag.ca.gov/sites/all/files/agweb/pdfs/contact/business_corpform_chin.pdf

Tiếng Việt: http://oag.ca.gov/sites/all/files/agweb/pdfs/contact/business_corpform_viet.pdf

HELPFUL RESOURCES

To learn more about Medicare, visit the official U.S. Government site for Medicare at https://www.medicare.gov (English) or https://es.medicare.gov (Español).

The California Department of Insurance regulates health plans that are underwritten by insurance companies.  Information regarding the various health care options for seniors is available at http://www.insurance.ca.gov/0150-seniors/0300healthplans.  

The California Department of Aging’s Health Insurance Counseling and Advocacy Program (HICAP) offers information on Medicare and assistance with Medicare benefits.  Learn more about HICAP at https://www.aging.ca.gov/HICAP

Attorney General Kamala D. Harris Urges T-Mobile Customers to Place Fraud Alerts in Wake of Experian Data Breach

October 5, 2015
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SAN FRANCISCO - Attorney General Kamala D. Harris is urging California T-Mobile customers and T-Mobile account applicants to immediately place fraud alerts on their credit records in the wake of the massive breach of T-Mobile customer data housed at Experian, one of the nation’s major credit reporting agencies. Placing a fraud alert on your credit records protects consumers from identity theft by requiring that businesses verify your identity before issuing credit.

Up to 15 million T-Mobile customers’ and account applicants’ Social Security numbers, names, addresses, dates of birth, and identification numbers (such as driver’s license, military ID or passport number) were exposed in the cyber attack on Experian. According to Experian, the breach compromised data that was used by T-Mobile in connection with credit checks of individuals who applied for T-Mobile services from September 1, 2013 through September 16, 2015.  In the wrong hands, it could be used for identity theft, particularly “new account fraud,” or opening up new accounts in the victim’s name.

Unlike credit monitoring, which notifies individuals when activity has occurred on their credit records, a fraud alert is a preventive measure. When a fraud alert is in place, a merchant or other credit issuer checking the credit history of someone applying for credit gets a notice that there is a fraud alert. This alerts the merchant to take extra steps to verify the identity of the applicant. A fraud alert lasts 90 days and can be renewed.

A longer-lasting protection is a security freeze, which prevents the opening of new credit accounts unless the consumer has taken steps to temporarily lift the freeze. A freeze costs $10 per credit bureau or $5 for Californians over 65; it is free to victims of identity theft.  For instructions on how to place a freeze on your account, please see “How to ‘Freeze’ Your Credit Files: Tips for Consumers” under “Helpful Links” below.   

You can place a fraud alert with all three major credit bureaus by calling just one of the toll-free fraud numbers below. You will reach an automated telephone system that allows you to flag your file with an alert at all three bureaus. You will also be sent instructions on how to get a free copy of your report from each of the credit bureaus.

Experian 1-888-397-3742

Equifax 1-800-525-6285

TransUnion 1-800-680-7289

Helpful Links:

T-Mobile Breach Notice: https://oag.ca.gov/ecrime/databreach/reports/sb24-58079

For additional information on “Breach Help: Consumer Tips from the California Attorney General”, visit:  http://oag.ca.gov/sites/all/files/agweb/pdfs/privacy/cis-17-breach-help.pdf

For additional information on “How to ‘Freeze” Your Credit Files: Tips for Consumers”, visit: http://oag.ca.gov/sites/all/files/agweb/pdfs/idtheft/cis_10_credit_freeze_doj.pdf

Attorney General Kamala D. Harris Announces Proposed Changes to Proposition 65 Regulations to Reduce Abuses and Increase Accountability

Attorney General Harris Invites Public Input During 45-Day Comment Period
September 28, 2015
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SAN FRANCISCO - Attorney General Kamala D. Harris today announced changes to regulations implementing Proposition 65, the landmark law requiring businesses to provide warnings if they expose individuals to any listed carcinogens or reproductive toxins.    

The proposed amended regulations are the product of nearly five years of analysis and have been drafted in consultation with business and environmental groups.  They are intended to protect public health and the environment while helping to stem abuse of the law’s mechanism to allow for enforcement by private parties.  The amendments mark the first substantial change to the Attorney General’s Proposition 65 regulations since their adoption in 2001-2003. The 45-day public comment period is open until November 9.

“California has led the nation for decades in protecting our residents and the environment from pollutants and toxic chemicals,” said Attorney General Harris.  “These proposed changes maintain the intent of Proposition 65 and our vital legacy of public health and environmental protections while eliminating incentives to abuse the system.  Good public policy means rejecting the false choice that suggests we must sacrifice our commitment to the environment and public health for California businesses to thrive.”

In 1986, California voters approved the initiative to address their growing concerns about exposure to toxic chemicals. These regulatory changes will help restore public confidence that Proposition 65 is used for its proper health-protective purposes and not abused for private gain.  The proposed amendments focus on increased transparency and accountability to ensure that civil penalties in litigation brought by private enforcers under Proposition 65 are used for purposes that are clearly defined, relevant to the violations which prompted the settlement, and beneficial to Californians. 

The proposed regulations would also increase accountability by capping “in lieu of penalties” payments to ensure that the Office of Environment Health Hazard Assessment receives revenues necessary to continue its work of implementing Proposition 65 and protecting public health, as intended by the statute.  The proposed changes also raise the bar for demonstrating that settlements requiring reformulation confer a significant public benefit, instead making individual cases fact-specific and stating that payments under a settlement “may” confer public benefit.

For information on submitting public comments, click here.

Attorney General Harris has a long history of taking action to protect the health and well-being of California communities.  She has filed lawsuits to enforce Proposition 65 and other environmental laws, protecting local communities from diesel emissions, hazardous electronic waste, and other harmful pollutants.  She has also supported the Environmental Protection Agency’s efforts to curb greenhouse gas emissions from coal-fired power plants and led a coalition of states in intervening to defend the EPA from attacks and legal challenges.