Evaluation
You found this Infosheet to be:
|
![]() Éducaloi is a non-profit organization whose mission is to inform Quebecers of their rights and obligations by providing quality legal information in everyday language.
La loi vos droits
Clientele : Senior Citizens
Subject : Seniors and Financial Fraud
Print date : May 22nd, 2012
Senior Citizens
Now that Adriana is retired, she spends a lot more time on her home computer. The other day, she opened her email and pop! A message appeared saying she had hit the jackpot and won $100,000.
The email also said that, to collect her prize, Adriana should send $100 to cover taxes on her prize to an address listed in the email. Adriana is wondering if this email is some kind of hoax. Unfortunately, this kind of email is often used to illegally get money from people. In this Infosheet, Éducaloi informs you about financial fraud and what you can do to protect yourself.
Financial fraud means misleading someone to get an unfair or illegal advantage, or misleading in a way that causes someone to suffer a financial loss. It can also include stealing and misusing personal information.
Financial fraud can take many different forms. Here are some examples:
People who commit fraud target potential victims in many different ways. They might use regular mail, faxes, emails, the telephone or newspaper advertisements. Sometimes, they go door to door. They might even infiltrate a person’s social circle and try to become a friend. In fact, many victims of fraud are introduced to a fraud artist by someone they know.
Seniors are often singled out as targets for fraud, especially in the area of investing money. There are several reasons for this:
People selling products or services are allowed to call or fax you, except for people selling certain kinds of things, such as pre-arranged funeral services. (Funeral companies are not allow to call potential customers.)
But if you speak to the caller in person over the phone, there are rules the caller must follow. First, at the beginning of the call, the caller must tell you:
At some point in the call, the caller must also tell you:
Also, there is a general rule that a business promoting a product or service cannot present information that is false or misleading or to mislead a consumer by leaving out important information. You should also know that you can cut down on the number of calls you get from people selling things by signing up for the National Do Not Call List (1-866-580-3625).
The law requires the seller to provide you with the following information before you buy anything:
This information must be presented in a way that is easy to understand and easy to find. Unless you are paying by credit card, the seller cannot ask you to pay part or all of the purchase price before sending the product or performing the service. Note that there are special rules for some kinds of goods and services, such as pre-arranged funeral services, insurance, loans of money, newspaper and magazine subscriptions and trips sold by travel agents. To learn more about your rights, consult the section on online, telephone or mail purchases on the website of Quebec’s Office de la protection du consommateur (Consumer Protection Office) or call the Office at the number in your area. Check the blue pages of the phone book for the number.
Sellers who show up on your doorstep must follow certain rules, unless they are selling goods worth $25 or less. So students selling $10 chocolate bars for their school do not have to follow these rules!
Door-to-door sellers must have a permit from the Office de la protection du consommateur (Consumer Protection Office). While the seller doesn’t have to show you the actual permit, she does have to tell you the number of the permit. You can then call the Office to check that this permit is valid. If you buy something, the seller must give you a written contract containing certain information, including the seller’s contact information, the total price you must pay and the terms of payment. The law also gives you the right to cancel your purchase within 10 days of receiving your copy of the contract. In some cases, you have up to 1 year to cancel. You should know that there are special rules for some kinds of contracts, such as insurance contracts, contracts with travel agents and contracts for pre-arranged funeral services. To learn more, consult our Infosheet Itinerant Merchants.
In Quebec, individuals or firms offering to invest your money in things such as shares in a company or units in an investment fund must be registered with the Autorité des marchés financiers, a government agency. To make sure the individual or firm is registered, search the agency’s online registry or call 1-877-525-0337.
Also, anyone calling herself a “financial planner” must have a special diploma from the Institut Québécois de planification financière, plus a special certificate. The certificate can either be from the Autorité des marchés financiers or from an association of professionals - accountants, for example - that has an agreement with the Autorité. To find out whether a person calling herself a "financial planner" is legitimate, check the directory on the website of the Institute or call the Institute at 514-767-4040 or 1-800-640-4050. The Institute’s website also has a list of suggested questions to ask anyone offering to act as your financial planner. Investing and Financial Advisors:
Fraud:
Computer Security:
Consumer Rights:
You can contact your local police, the provincial Sûreté du Québec police (514-598-4141 – collect calls accepted) or the Canadian Anti-Fraud Call Centre of the RCMP (1-888-495-8501).
If your case falls under the responsibility of a police department other than the one you called, your case will be referred to the proper department. For situations involving investments or financial advisors, you can contact the Autorité des marchés financiers. (514-873-3090 or 1-877-525-0337) For cases dealing with a product or service you bought, you can contact the Office de protection du consommateur (Consumer Protection Office). Check the blue pages of the phone book for the number in your area. If your personal information has been stolen, contact the police. You can also contact any institutions involved (banks and credit card companies, for example) or government departments that issued the documents (driver’s licence, social insurance number, Medicare card, passport, etc.) to ask them what steps you should take. It is also a good idea to explain your situation to Canada Post to make sure no one else is receiving your mail.
About the same subject
Éducaloi does not provide any legal advice or counseling. The information contained in its website constitutes a general source of information and does not in any way replace the services of a lawyer or notary.
|