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Consumer Protection: Advice from The Bucks County Consumer Advocates

December 2007

Q. This may sound stupid, but who checks home delivery fuel trucks, propane trucks and the gas stations?  The prices seem to keep going up and I do not know if I am getting what I paid for.  My friend at the senior center says you folks would know the answer.  C.W., Perkasie

A.  It is far from a stupid question.  In Bucks County, the Department of Weights and Measures addresses those issues.  The office regularly inspects and tests gas stations for accuracy.  There should be a seal on the gas dispenser that is good for one year.  Although the inspection is good for one year the department goes out on various complaints on gas stations or when a station has had a repair.  The department can check stations more then once and the testing is usually done on a random basis.

The oil delivery trucks are also inspected and tested by our Weights and Measures Department and they are also sealed with an inspection sticker. The inspection sticker is usually visible on the rear of the truck. 

The department also tests and inspects most scales used in commercial transactions like grocery stores and produce shops.  They also check to make sure the business is taking the proper tare weight off the packaging.  They are also required by state law to do scanner testing in retail businesses. 

Firewood sales require a written receipt with name, address, phone number and quantity of the product delivered.  All firewood sales must be sold in cordage, whether that is a cord or fraction of a cord.  It is not supposed to be sold by the pile or stack.

Mulch is pretty much sold in the same manner in terms of a written receipt information, but the amount is referred to as a yard or fraction of a yard.    Bucks County Weights and Measures does not perform testing or inspections on propane trucks or truck scales, like the ones at quarries.  The Pennsylvania Department of Agriculture, Department of Weights and Measures handles those items. 

With the price of all energy rising it is more important than ever to make sure the regulations are followed and enforced.  If you happen to be traveling through the state and stop for fuel, make sure there is either a county or state seal on the dispenser or scale.  If there is not, report it to the local county office or the state.  If you are interested or would just like to know more about Weights and Measures please call for a free brochure at 800-942-2669.

Q.    I received my credit card statement and noticed a $250.00 charge.  I checked into it and found that it was for a membership to a towing service.  I have AAA and would have never ordered a membership to another towing service.  I contacted my credit card company and they are going to investigate, but I still feel uneasy that someone was able to use my credit card.  Is there anything more I should do?  H.F., Warrington

A.    It is very important to always check your statements line item by line item, especially at this time of year when people may use their credit card more often and may not notice an extra charge.  You also have every right to feel uneasy when someone gets access to your financial information.  By contacting your credit card company and disputing the charge, you took the first step.  If you dispute an item on a bill, you are responsible for notifying the creditor in writing within 60 days of receiving the bill.  Remember, non-disputed charges must still be paid on time.  The letter disputing the unauthorized charge should include your name, account number, the item you believe is in error, and the reason why.  Follow up immediately by getting a free copy of your credit report by calling 1-877-322-8228. (It is a consumer’s right to get a free copy of their credit report every year).  Check to see whether any charges were billed to your accounts.  If someone has used your personal identification to fraudulently establish credit, report the incident as quickly as possible to each of the credit reporting agencies and request that a fraud alert be placed on your file.  You should also contact your local police and report it.  Make sure you get a copy of the police report; you most likely will need it when you start to clean up the fraudulent accounts.  If consumers would like free brochures on protecting your credit or identity theft, please call Bucks County Consumer Protection at 1-800-942-2669.   

Q.    My family went to visit my brother and his family last week.  They live in New Jersey.  He was telling my wife and me that they put their credit information on a freeze.  Apparently the state passed a law a couple of years ago in an effort to deter identity theft.  My question is does Pennsylvania have anything similar?  N.W., Morrisville

A.    Pennsylvania does have a similar law that became effective on January 1, 2007.  It is called Act 163.  Every consumer can now place a security freeze on their credit report.  If you are a victim of identity theft or a senior citizens 65 years of age or older the freeze is at no cost.  You must send a certified letter and copy of a valid police report to the credit bureaus.  For everyone else a fee of $10 will be applied for each placing or temporary lifting of the freeze.  Should you choose to eliminate the freeze completely there is no fee.  The freeze prohibits the credit bureaus from releasing the consumer’s credit report or any other information contained within the file without the express authorization of the consumer.  There are a few exceptions and the freeze goes into effect five business days from receipt of the consumer’s received letter.  Currently the request for placing a freeze must be done by sending a certified letter.  In the future electronic communication will be available.  Do not confuse a freeze with a fraud alert.  A fraud alert is not permanent and only flags your credit report for several months, while a freeze is good for seven years.  The security freeze can really help deter and prevent identity theft.  The reality is that most businesses will not open or offer credit without checking an individual’s credit history.  So if someone has some of your information like your name and Social Security number they probably would not be able to get credit in your name.  The only down side we see is that instant credit will no longer be available, but instant credit usually leads to buyer’s remorse because the consumer did not spend the time to think about the purchase.  Our office believes the security freeze is a great tool for consumers.  We also believe that it is not publicized well and that many folks just are not aware of how beneficial the freeze is.  Credit agencies are definitely not going out of their way to get the information out to the public.  There is no incentive for them.  Our office can provide a complete packet of information on how to set up a security freeze along with a question and answer guide.  We encourage consumers to call the Bucks County Consumer Protection office at 1-800-942-2669 and ask for the free consumer credit packet. 

Q. I have been renting the same apartment for 16 years.  Lately I have been having problems with different things in my apartment.  I called my landlord on many different occasions and he just ignores my complaints.  I decided not pay him until he fixes the issues so I withheld November’s rent.  I just received paperwork that my landlord is taking me to court to have me evicted.  Can he have me evicted just like that?  A.S., Morrisville

A.  A landlord can start eviction proceedings anytime the rent has not been paid.  Some people are even under the misconception that eviction cannot take place in the cold months, but that is not true either.  It is never a good idea to just withhold rent.  A tenant should send written correspondence to the landlord concerning the problems they may be having with their rental property, keeping copies for their own records. This way when you are ready to take the next step, you have the backup records to show what you have done to try to rectify the issues.  Consumers should also send correspondence certified mail return receipt requested to the landlord.  This way you have proof the landlord received the complaint.  Then if the problems are not settled with the written correspondence you should contact the Bucks County Consumer Protection to see if the issues can be mediated.  Only then if the serious problems still exist should drastic measures be taken. (Understand that serious problems are not that the carpet is old and needs to be replaced, or your toilet keeps running.) Just withholding the rent without documentation has given you no ground.  You cannot prove that you have been trying to work though this problem with your landlord and you will be going to court with no backup documentation.  A consumer cannot just decide not to pay rent and think you will not be given an eviction notice.  After following all the procedures, and you decide that the only option you have is to withhold rent, that rent should be put into a separate account from your other funds.  This way, if your landlord tries to evict you or sue you for the money, you can prove to the court that you were not using the money for any other purpose.   Consumers can contact Bucks County Consumer Protection to receive a free copy of the Landlord/Tenant Act by calling 1-800-942-2669. 

Department of Consumer Protection /
Weights and Measures
Michael D. Bannon
Director
50 North Main Street
Doylestown, PA 18901
Phone: 215-348-7442
Fax: 215-348-4570
Canny Consumer Hotline 1-800-942-2669