Consumer Advisory

Protecting funds from the Cobell v. Salazar settlement

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Hundreds of thousands of Native Americans started getting the first payments last week as part of a long-awaited settlement with the federal government over its management as trustee of Individual Indian Money Accounts. The settlement, commonly known as Cobell v. Salazar, means the arrival of funds for Native Americans across the country. Cash payments like this can be a great opportunity for consumers to build up their assets—but we also anticipate scammers targeting settlement recipients, looking to separate these communities from their money.

If you received money from the Cobell settlement, here are some simple steps you can take to protect your money:

  • Take your time. Beware of “opportunities” that force you to make a snap decision—high pressure “act now” offers are often used to keep you from understanding the true costs and risks of a product. Never sign anything without asking questions and understanding it first. If necessary, ask a trusted relative, friend, tribal official, or attorney for a second opinion before acting.
  • Pay off debt. If you took out a loan anticipating money from the settlement or use other expensive credit products, the settlement check is a good opportunity to pay down that debt.
  • Save. Consider using the settlement funds to start saving. People with savings are better prepared to handle financial emergencies—like a major car or home repair—and are less likely to rely on expensive debt.

We also want to remind companies that are planning on doing business with Cobell recipients to conscientiously comply with all consumer protection laws. CFPB is charged with protecting consumers from unfair, deceptive, abusive, or discriminatory financial practices, which could impact Cobell recipients. The enforcement team will continue to be on the watch for scams and other harmful financial products that target Native Americans. Consumers and tribal leaders shouldn’t hesitate to let us know if they are seeing financial practices that are deceptive, unfair, abusive, or discriminatory.

Report problems with payday loans, settlement anticipation loans, auto loans, or anything bought with credit. Submit a complaint online at consumerfinance.gov/complaint or call us at (855) 411-2372.

You can also:

If you think you’ve been scammed, report suspected fraud immediately. The longer you wait, the more difficult it could be to get your money back when appropriate.

Responding to the Cobell settlement is one part of our broader ongoing collaboration with tribal governments and consumers across Indian Country. We’re excited about opportunities to advance consumer education and empowerment in tribal communities, carefully examine consumer protection concerns in Indian Country, and partner with tribal officials to prevent harmful practices targeting Native American consumers.

Prepare your finances for emergencies

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Hurricane Sandy reminded us that disasters – storms, fires, floods, earthquakes – can happen to anyone, and when they do you have little time to react.

If you had to leave your home in an emergency, you would only have minutes to choose what stays and what goes, and your financial records may be one of the last things on your mind. So, collecting and organizing your financial information now could help you avoid problems and recover faster.

Keep your account information and important documents in a water-tight container or fire safe, and keep copies somewhere else, like a safe deposit box, a secure place at work, or with a trusted relative or friend. Here is an outline of the items you should gather.

Account information

If your house is destroyed, missing a credit card payment may not seem like a big deal. However, ignoring credit card or loan payments could cause your interest rates to jump, costing you more money, and could damage your credit score when you’ll need access to credit most.

If you’re affected by disaster, you’ll need to contact your creditors as soon as possible and let them know about your situation. Most of them will have ways to help. Also, if you are unable to live in your home, check with your utility companies (e.g. electric, gas, cable) to see if you can suspend your utilities to add extra money to your budget. You may want to consider signing up for direct deposit with your employer and electronic bill payment with your utilities to make receiving income and paying bills easier.

Make a list of account and customer service numbers for:

  • Checking and savings accounts
  • Credit and charge cards
  • Mortgage and home equity loans
  • Auto loans
  • Student loans
  • Personal loans
  • Cable, telephone, and utility companies

Personal records

Personal records documents can be replaced, but it can take time. Plus, you may need these documents to verify that you are the owner of the property that was damaged or destroyed in the disaster to receive insurance help or other assistance.

Gather and make copies of:

  • Identification, including your driver’s license or passport
  • Social security cards
  • Birth certificates
  • Marriage certificates and divorce decrees
  • Titles, deeds, car registrations

Financial records

Again most financial records can be replaced, but you will need your insurance information if your property is damaged, or if you or a family member needs medical care. Keeping this information safe will also help you avoid trouble if questions arise later about your investments, taxes or workplace benefits.

Gather and make copies of:

  • Insurance policies
  • A room-by-room inventory of your belongings
  • Investment records
  • Income tax information
  • Pay stubs and employer benefits records
  • Wills, living wills, trusts, medical powers of attorney

Computer files

If you keep financial records, passwords, family photos and videos on your computer, consider backing the information up to a secure cloud storage service, or back up your data regularly and keep the backups somewhere safe.

After the disaster

Americans tend to come together in times of crisis. There will be a lot of people and organizations who will want to help you. And, unfortunately, there will be criminals who will want to exploit the trauma. Watch out for:

  • Up-front fees to help you claim services, benefits, or get loans. No government official or agency will ever ask you for money to claim a benefit or service.
  • Contractors offering door-to-door repairs, especially if they offer deep discounts or require payment before you have a contract in writing.
  • Insurance agents who try to sell you coverage after the fact.
  • Organizations with names similar to government agencies or charitable organizations.

If you believe you may be targeted by these practices, contact your local or state law enforcement officials, or submit a complaint to the CFPB online or at (855) 411-2372. See our rebuilding your finances checklist and other information on protecting and rebuilding your finances after a disaster. To find more information and answers to all kinds of commonly asked questions about consumer financial protection issues, Ask CFPB.

Don’t take a bath on a flood-damaged car

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Hurricanes and severe storms can bring misery to a lot of people. We’ve all seen recent images of houses and cars submerged in water. Have you ever wondered what happens to those cars once the floodwater subsides?

Unfortunately, a number of them will be turning up for sale on the internet or at car lots halfway across the United States, with no mention that they were saturated in dirty water not so long ago. Although some states require disclosure of flood damage or salvage on a car title, other states do not – so you may not be able to rely on the car title for that information. If you’re taking out a loan to buy the car, it’s important to understand the impact flood damage can have on the car’s value and consider whether it’s worth the amount you’re borrowing.

You should be a cautious buyer and check out the car carefully before you buy. (Since flood damage can be hard to spot, it’s a good idea to consider paying an expert mechanic to inspect it for you.) Below are a few simple steps you can take to help protect yourself.

    See: if there are any high-water or mud marks on the engine, the wheel wells, the trunk or even the glove box. Get a flashlight and take a look in those hard-to-reach places that might not have been cleaned. Lift up the carpet and look underneath for mud, rust or dirt.

    Smell: the upholstery and the carpeting. Do they smell funky? Also, turn on the heat and see if there’s an electric/burning smell that might come from damaged wires. And turn on the AC and see if you get a blast of mildew-scented air.

    Feel: the wires under the dashboard and in the engine (obviously when the car is turned off!). Do they feel brittle? That may be the result of immersion in water.

    Listen: to the sound system/radio. If it sounds bad or isn’t working at all, that could be a sign of water damage. Ask why it’s not working.

    Ask: the seller outright if the car was ever in a flood. While they may not have volunteered the information, they may be reluctant to lie when asked directly.

    Consider: buying a vehicle history report that should tell you if the car’s been in a flood or issued a salvage title.

Realize: this isn’t just an issue of a bad-smelling car. Floods can damage vital parts of a car like the air bag system, brakes, and electrical system – and the damage may not show up right away. Your safety could be at risk if you are unknowingly riding around in a flood-damaged car.

Buying a car is one of the biggest consumer purchases you’ll make. Don’t put your hard-earned money into a flood-damaged lemon. Once you’ve signed the contract you’re committed, so Know Before You Owe!

You can find more information from the U.S. Department of Justice and from the Federal Trade Commission’s about buying a used car and hurricane recovery.

Protecting and rebuilding your finances after a disaster

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After the shock of a disaster, it’s time to rebuild. Starting over requires a lot of complex choices, uncertainty and expense. Being prepared and knowing how to protect yourself can help you avoid scams, save money and get back on your feet faster.

Relief organizations like the Red Cross can help you with your immediate needs in a disaster. Local organizations will establish shelters, provide vouchers for meals, clothing and a limited amount of personal goods. If you are in a presidentially declared disaster area, the Federal Emergency Management Agency (FEMA) will help you find disaster assistance.

Your home

Contact your insurance company as soon as possible to start the claims process. Also be sure to ask for a copy of your policy if you don’t have one available. This will help you verify your coverage. Take pictures of the damage.

Your next call should be to your mortgage servicer, if you own your home. Damage to your home does not stop your responsibility to pay your mortgage. Tell your servicer about your situation and take careful notes during the conversation. There may be a number of options available that could help you put off or reduce your mortgage payments. Both Fannie Mae and Freddie Mac have told mortgage servicers that they can help homeowners affected by Hurricane Sandy. You can find out if your mortgage is owned by Fannie or Freddie on their websites.

If you don’t have a monthly mortgage statement or coupon book with you, search the Mortgage Electronic Registration Systems (MERS) or call them toll-free at (888) 679-6377 to find the company that services your mortgage. You can also call the CFPB at (855) 411-CFPB (2372) to be connected to a U.S. Department of Housing and Urban Development (HUD)-approved housing counselor.

Adjusters and contractors

Once your insurance claim is received, the insurance company may send out an adjuster to look at the property damage and help you through the claims process. In many states you can also hire public adjusters. A public adjuster represents you as the claimant, but will charge you a percentage of your settlement.

Be careful if you choose to hire a public adjuster. Be sure the adjuster is licensed to do business in your state. Avoid adjusters who come from out of state or who knock on your door looking for business. Other warning signs to watch for are:

  • Red flag: Adjusters who charge big upfront fees. Don’t pay a lot before you know if the adjuster is going to help you. Many states put a limit on fees.
  • Red flag: The adjuster refers you to a contractor. Dishonest adjusters will sometimes work with contractors that give them kickbacks.
  • Red flag: Avoid any adjuster or advisor who asks you to make a false or inflated claim. This is fraud against the insurance company.
  • Red flag: Avoid hiring a public adjuster who asks you for a suspicious amount of personal information. Some con artists may pose as adjusters to steal your personal information.

When picking a contractor:

  • Get bids from several local, established contractors.
  • Avoid contractors who are working door to door, come from out of state, don’t provide an address and phone number, or refuse to show identification.
  • Ask if the contractor has the required licenses. Ask for the license number and use your state licensing agency’s website or hotline to make sure it’s valid.
  • Check with licensing agencies to see if the contractor has a history of complaints.
  • Never pay in advance.
  • Never pay in cash.
  • Never provide personal financial information, such as your checking account credit card or debit card numbers. You might be told this will “speed up payment” to start the repair process. Don’t believe it.
  • If you have to borrow to pay for repairs, don’t let the contractor steer you toward a particular lender.
  • Never sign anything before carefully reading it.

The Coalition Against Insurance Fraud has more information on avoiding adjuster and contractor scams.

When you get your settlement

When your settlement is paid, the check will probably be made out to both you and your mortgage servicer. Most mortgage agreements require this.

Your insurance settlement is to rebuild your home. So the amount may be more or less than what you owe on your loan.

Keep in mind that the market value of your home may not match the insured replacement value. That’s because, in some locations, the materials and labor that go into rebuilding your home may be less than the overall value of your property – its location, desirability and other things that go into housing prices. There are also special laws in various states addressing what happens if your home was insured for less than its replacement value. Your state Department of Insurance or Insurance Commissioner may have useful information. You may also need the advice of a lawyer if your claim is large.

Typically, your mortgage servicer will release a portion of the settlement money before work begins so you can hire a contractor. When the work is halfway finished, the servicer will typically release more money. The rest will be released once the job is finished and the home passes inspection.

Creditors, bills and budgeting

You may have lost your job because of a disaster, or had your income interrupted. If you don’t think you will be able to pay your credit cards or other loans, be sure to contact your lenders as soon as possible. Explain your situation and when you think you will be able to resume normal payments.

Most creditors will try to find a way to work with you. The important thing is to make the call before your next payments are due. Late or missing payments could damage your credit score at a time when you need access to credit most.

If your home is so damaged that you can’t live in it, you’ll also want to contact your utility companies and ask to suspend your service. This could help free up money in your budget for other expenses.

Take a look at your other bills and set priorities. Your mortgage, rent and insurance payments should stay high on your list.

Next, take a look at your income and savings and determine how much you have available. If you don’t have an emergency savings account, consider starting one as soon as you can. If you are unable to work because of the disaster, federal or state benefits may also be available to you.

Watch out for fraud

In times of crisis most Americans pull together. But some people may try to rip you off. Frauds take many shapes, but the con artists often use a handful of common tricks to manipulate our emotions. It is hardest to make rational decisions when emotions run high.

Recognizing the tricks that con artist use, and the effects they have on us, can help you spot scams easier. The best way to avoid scams is to ask questions, lots of them. Asking questions puts you back in control and puts any crooks on the spot.

Avoid over-confidence. The first thing to remember is that most con artists are professionals. Anyone can be victimized by fraud. The problem is that most of us believe it will never happen to us. The more overconfident we are, research shows, the more susceptible we are to fraud. The best way to avoid over-confidence is to always be on the lookout for fraud, especially immediately after a disaster or other times of financial stress.

Don’t give credibility to titles and uniforms that can be faked. Con artists will often pose as government employees, insurance adjusters, law enforcement officials, bank employees, or whatever it takes to get to your money. Credibility can be easily faked. Always ask for identification. And never give personal information to anyone you don’t know. Also remember that government employees will never ask you for financial information or request payment of any kind.

Another common credibility scam is fake charities. These cons use names that are similar to national organizations to get you to make a “donation.” But your money ends up in their pocket. Never make donations over the phone. Make sure you get the organization’s name and contact information and review written materials closely.

Don’t fall for “limited time only” offers. Scarcity is common in disasters. But don’t let it get the better of you. Be suspicious of contractors or others offering to move you to the front of the line. Also beware of “opportunities” that force you to make a snap decision. You should never make a decision under pressure. Take your time. Never sign anything without fully reading and understanding it first. And if necessary, ask a trusted relative, friend, or attorney for a second opinion before acting.

Checklist to rebuild your finances

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Americans up and down the East Coast are still coping with the devastation of Hurricane Sandy. Power outages, food shortages, and long lines at the gas pump are affecting millions of families.

In the days following a disaster of this magnitude, your first priorities are the safety of you and your family, and meeting your day-to-day needs. But as help arrives and rebuilding begins, it is important to take smart and decisive steps to start putting your life back together.

The checklist below will help guide you through some of the financial decisions you will need to make in the coming weeks.

As soon as possible

  •  If your home, car or property was damaged by the storm, contact your insurance company to start the claims process.
  • Ask for a copy of your insurance policy if you don’t have one available. It will help you verify your coverage.
  • Damage to your home does not stop your responsibility to pay your mortgage. However, many mortgage servicers have been told they can help homeowners affected by the storm. So you should contact your mortgage servicer and tell them about your situation.
  • If you don’t have a monthly mortgage statement or coupon book with you, search the Mortgage Electronic Registration Systems (MERS) or call them toll-free at (888) 679-6377 to find the company that services your mortgage.
  • Take a look at your income and savings and determine how much money you have available to pay bills and creditors.
  • If your income is interrupted and you don’t think you will be able to pay your credit cards or other loans, be sure to contact your lenders as soon as possible. Explain your situation and when you think you will be able to resume normal payments. The important thing is to make the calls before your next payments are due.
  • If you are in a presidentially declared disaster area, you may qualify for disaster assistance. Check with the Federal Emergency Management Agency (FEMA) for more information.
  • If your home is damaged to the point that you can’t live in it, contact your utility companies and ask to suspend your service. This could help free up money in your budget for other expenses
  • Take a look at your bills and set priorities. Your mortgage, rent and insurance payments should stay high on your list.

As you rebuild

  • Be careful if you choose to hire a public adjuster to help with your insurance claim. Be sure the adjuster is licensed to do business in your state. Also watch out for these red flags:
    • Big upfront fees. Don’t pay a lot before you know if the adjuster is going to help you. Many states put a limit on fees.
    • References to contractors who can help. Dishonest adjusters will sometimes work with contractors that give them kickbacks.
    • False or inflated claims. This is fraud against the insurance company.
    • Asks for a suspicious amount of personal information. Some con artists may pose as adjusters to steal your personal information.
  • Get bids from several local, established contractors. And avoid contractors who:
    • Are working door to door
    • Come from out of state
    • Don’t provide an address and phone number, or refuse to show identification
  • Ask if the contractor has the required licenses, and get license numbers.
  • Check with your state licensing agency’s website or hotline to make sure the licenses are valid.
  • Ask the licensing agencies if the contractor has a history of complaints.

Contractor don’ts

  • Don’t pay in advance.
  • Don’t pay in cash.
  • Don’t sign anything before carefully reading it.
  • Don’t provide personal financial information, such as your checking account, credit card or debit card numbers.
  • If you have to borrow to pay for repairs, don’t let the contractor steer you toward a particular lender.

For more details, including tips to avoid other forms of fraud, learn how to protect and rebuild after a disaster.

Avoiding loan scams after a natural disaster

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UPDATE: As Hurricane Sandy continues to make its way up the East Coast, we wanted to highlight this blog post from last year’s hurricane season. Frauds and scams are too common in the aftermath of a natural disaster. The warning signs and tips below can help you avoid getting caught up in one of these scams as you start cleaning up from the storm.   – The CFPB Web Team

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This year has seen quite a few notable natural disasters, including deadly tornados, wild fires, and floods. Most recently an unusually strong earthquake, hurricane, and floods have struck the eastern United States.

Of course, with any disaster comes the cleanup, which can be expensive. Unfortunately, many families do not have emergency funds and may need to borrow money in a hurry to make important repairs. This post-disaster stress can sometimes make us easier targets for deceptive lenders. (more…)