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Consumer Frauds and Elderly Persons: a Growing Problem

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Consumer Frauds and Elderly Persons: a Growing Problem 98th Congress CM ITEP NTS. PRT. 1st Session C P 98-12 CONSUMER FRAUDS AND ELDERLY PERSONS: A GROWING PROBLEM AN INFORMATION PAPER PREPARED BY THE STAFF OF THE SPECIAL COMMITTEE ON AGING UNITED STATES SENATE FEBRUARY 1983 This document has been printed for information purposes. It does not offer findings or recommendations by this committee U.S. GOVERNMENT PRINTING OFFICE 16-8430 WASHINGTON: 1983 For sale by the Superintendent of Documents, U.S. Government Printing Office Washington, D.C. 20402 SPECIAL COMMITTEE ON AGING JOHN HEINZ, Pennsylvania, Chairman PETE V. DOMENICI, New Mexico JOHN GLENN, Ohio CHARLES H. PERCY, Illinois LAWTON CHILES, Florida NANCY LANDON KASSEBAUM, Kansas JOHN MELCHER, Montana WILLIAM S. COHEN, Maine DAVID PRYOR, Arkansas LARRY PRESSLER, South Dakota BILL BRADLEY, New Jersey CHARLES E. GRASSLEY, Iowa QUENTIN N. BURDICK, North Dakota PETE WILSON, California CHRISTOPHER J. DODD, Connecticut JOHN C. ROTHER, Staff Director and Chief Counsel DIANE LiaFsY, Minority Staff Director RoBIN L. KROPF, Chief Clerk (II) LETTER OF TRANSMITTAL U.S. SENATE, SPECIAL COMMITTEE ON AGING, Washington, D.C., March 1, 1983. Hon. JOHN HEINZ, Chairman, Senate Special Committee on Aging. DEAR MR. CHAIRMAN: The enclosed information paper represents the findings of the consumer fraud survey initiated at your direc- tion in July 1982. Recipients of the committee's survey included about 1,500 State attorneys general, district attorneys, consumer affairs offices, and chiefs of police in large and small cities across the country. Over 45 percent responded, indicating that consumer frauds against the elderly are a significant and growing problem. I would like to acknowledge the assistance of Virginia Knauer, Special Assistant to the President, and Director of the U.S. Office of Consumer Affairs. I would also like to acknowledge the participation of staff mem- bers David Holton, Betsy Vierck, and Bill Halamandaris. Sincerely, JOHN ROTHER, Staff Director. CONTENTS Page Letter of transm ittal ....................................................................................................... I I. Summ ary................................................................................................................... 1 II. Introduction.............................................................................................................. 2 III. The survey: A. M ethodology ............................................................................................ 3 B. Survey results.......................................................................................... 3 C. Techniques of fraud................................................................................. 4 IV. The 10 most harmful frauds: A. M edical frauds......................................................................................... 5 B. H om e repair and im provem ent frauds............................................... 6 C. Bunco schem es.................................................................................. 6 D. Insurance frauds...................................................................................... 7 E. Social frauds ............................................................................................ 8 F. Housing and land frauds ....................................................................... 9 G. Business opportunity and investment frauds................... 10 H . N ursing hom e frauds.............................................................................. 10 I. Autom obile frauds .................................................................................... 11 J. Funeral frauds ......................................................................................... 12 V. Other com m on frauds against the elderly........................................................... 12 VI. Com bating fraud ....................................................................................................... 15 APPENDIX Consumer resource directory (excerpted from the "Consumer's Resource Handbook," published by the U.S. Office of Consumers Affairs): Sources of help.......................................................................................................... 19 Sam ple "com plaint" letter...................................................................................... 23 Federal inform ation centers, by State.................................................................. 24 Federal agencies, trade associations, and consumer offices, by topic............. 25 Federal agencies and their regional offices, by agency................... 37 State, county, and city government consumer protection offices, by State.. 47 State com m issions and offices on aging, by State............................................. 65 State insurance regulators........................................................................... 68 State utility com m issions....................................................................................... 70 Better Business Bureaus, by State........................................................................ 72 (V) CONSUMER FRAUDS AND ELDERLY PERSONS: A GROWING PROBLEM I. SUMMARY On August 4, 1981, the Senate Committee on Aging held hear- ings to review the impact of consumer frauds against the elderly. The hearing identified a significant problem with potentially enor- mous implications for the elderly. Subsequently, to determine the size of the problem, the commit- tee conducted a national survey of responsible State and local offi- cials. Over 1,300 questionnaires were sent to: -State consumer affairs offices. -Chiefs of police in large and small cities across the country; and -A nationwide sample of district attorneys and attorneys gener- al. The purpose of the survey was to: (1) Determine the frequency of frauds directed at the elderly; (2) define the impact of consumer and economic frauds on the lives of the elderly; and (3) identify re- sources and strategies being employed to combat these frauds. This survey and related research conducted in the interim form the basis for this report. It is our conclusion that consumer frauds are a major problem for the elderly. The elderly are perceived as "easy marks" and tar- geted for abuse. Over 77 percent of respondents indicated the elder- ly are more frequently defrauded than the younger population. When victimized, they are likely to suffer disproportionate losses and are slower to recover. The 10 most harmful frauds directed against the elderly are: (1) Quackery and medical related frauds. (2) Home repair and improvement frauds. (3) Bunco schemes. (4) Insurance frauds. (5) Social frauds. (6) Land and housing frauds. (7) Business and investment frauds. (8) Nursing home frauds. (9) Automobile frauds; and (10) Funeral fund. Overall, consumer and economic frauds directed at the elderly are widespread and pervasive, touching nearly every aspect of sen- ior's lives. Respondents reported an increase in fraud cases of over 12 percent a year. While frauds are increasing, resources available to combat fraud are said to be diminishing. II. INTRODUCTION On August 4, 1981, the Senate Committee on Aging convened hearings in Harrisburg, Pa., focusing on consumer frauds and the elderly. Witnesses, including Virginia Knauer, Special Assistant to the President, and Director of the U.S. Office of Consumer Affairs; Kenneth Fletcher, Chief Postal Inspector, U.S. Postal Service; and representatives of State consumer protection offices, identified a staggering array of frauds directed at the elderly. Mrs. Knauer dis- played fraudulent medical devices, such as an electrogalvanic bracelet and an acupressure massage mat. Mr. Fletcher dramatized the danger of mail order "miracle cures" by citing examples of cancer cures containing contaminated compounds. In at least one case, the purchaser died while attempting the "cure." Terry Lazin, director of the Pennsylvania Bureau of Consumer Protection, testified her office receives about 5,000 complaints each year from senior citizens complaining of consumer crimes. She esti- mated that this figure represented only 5 percent of the total frauds actually perpetrated against the elderly. Subsequently, at the direction of Chairman Heinz and Ranking Minority Member Chiles, the committee initiated a survey to assess the size of this problem. Over 1,300 questionnaires were mailed to police chiefs, district attorneys, State attorneys general, and con- sumer protection offices. The purpose of the questionnaire was to assess the nature and frequency of consumer and economic frauds, the impact of these frauds on the elderly, and the resources availa- ble to combat these abuses. The response to the committee's survey indicate: (1) Consumer frauds are widespread and pervasive. They invade every aspect of a consumer's life from health care to housing. (2) Consumer and economic frauds are increasing. Respondents report an increase of about 12 percent a year. (3) The elderly are considered "prime targets" for these abuses. Over 77 percent of those responding indicated the elderly are more often the targets of fraud than the younger population. This target- ing was attributed to perceptions of vulnerability, need, and isola- tion. (4) Those who perpetrate these crimes are well organized, sophis- ticated, and effective. Respondents reported "schools for scoun- drels" organized by cons to tutor other cons in the fine art of making a "sting." Police reported it was not uncommon for cons to exchange "hit lists"-the
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