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Business
Directory Scams
Have you ever received a bill or invoice for a “business directory
listing” you never ordered? Maybe you’ve even received a directory in
the mail along with the invoice. The invoice might list one of your
employees as having authorized the purchase. But it doesn’t necessarily
reflect a charge for a bona fide product or service.
The
Federal Trade Commission (FTC), the nation’s consumer protection
agency, says that businesses, churches, and fraternal and charitable
organizations are losing millions of dollars a year to bogus firms that
mislead them into paying for unordered and unwanted directory listings.
According
to the FTC, con artists trick an organization’s employees into
providing a name and address so a deceptive seller can bill the
organization for an unordered — and often useless — business directory
listing. These scammers often pretend to verify or renew a company’s
“existing” directory listing. Employees often provide the information,
because the scammers claim they’ve done so in the past. The scammer
then sends as many urgent invoices as it takes to get paid, sometimes
including a useless “directory,” sometimes not. They create confusion
and count on an organization paying to avoid their hounding.
When
you resist paying, the scam sellers may use high-pressure tactics, like
bullying or threatening collection or legal action. Sometimes, they
offer you a “better deal” with a phony discount. Or, if you received a
directory, they may allow you to return it (if you pay the shipping
costs), but insist you pay for the so-called listing. These directories
usually are worthless; they are rarely distributed or promoted as
promised. In any case, if you pay for the “listing,” you likely will
receive additional invoices — either from the same scam artists or
from others who have bought your organization’s contact information for
a new scheme.
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Meantime,
if you are considering placing a listing in a legitimate business
directory, check it out before you spend any money. Call the Better
Business Bureau in your community or where the publisher is located.
Ask the company for a previous edition of the directory (or the online
directory’s Web address) and for written information about
distribution. Feel free to ask advertisers in previous editions about
their experiences with the promoter. Most importantly, closing gaps in
your purchasing procedures and alerting your employees to these scams
can go a long way toward protecting your organization. The FTC suggests
a few simple precautions to put an end to paying for goods or services
you haven’t ordered.
Assign Designated Buyers and
Document All Purchases
Designate certain employees as buyers. For each order, the designated
buyer should issue a purchase order to the supplier that has an
authorized signature and a purchase order number. The purchase order
can be electronic or written. The order form should tell the supplier
to put the purchase order number on the invoice and bill of lading, if
applicable. The buyer also should send a copy of every purchase order
to the accounts payable department, and keep blank order forms secure.
Train Your Staff
Train all staff in how to respond to telemarketers. Advise employees
who are not authorized to order supplies and services to say, “I’m not
authorized to place orders. If you want to sell us something, you must
speak to ________ and get a purchase order.” Establish a team that
includes the employees who buy and receive merchandise or services and
those who pay the bills, and develop some standard operating “buying
procedures.” For example, buy only from people you know and trust. Be
skeptical of “cold” or unsolicited calls and practice saying “no” to
sellers using high-pressure tactics. Legitimate companies don’t use
pressure to force a snap decision. Finally, consider asking new
suppliers to send a catalog first.
Check All Documentation Before
You Pay Bills for Merchandise or Services
If you receive merchandise, the receiving employee should verify that
the merchandise matches the shipper’s bill of lading and your purchase
order. Pay special attention to brands and quantity, and refuse any
merchandise that doesn’t match up or isn’t suitable. If everything is
in order, the receiving employee should send a copy of the bill of
lading to the accounts payable department. Reconcile bills for services
the same way. That is, don’t pay any supplier unless the invoice has
the correct purchase order number, and the information on the invoice
matches the purchase order.
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Know Your Rights
If you receive supplies or bills for services you didn’t order, don’t
pay. Don’t return unordered merchandise, either. Treat any unordered
merchandise you receive, like a business directory or CD-ROM, or even
office supplies, as a gift. It’s illegal for a seller to send you bills
or dunning notices for merchandise you didn’t order or ask you to send
back the merchandise — even if the seller offers to pay the shipping
costs. Treat unordered services the same way. There is always the
outside possibility that the seller has made an honest mistake,
although usually that’s not the case.
When
it comes to certain kinds of business-to-business merchandise sales,
there is some added protection. The FTC’s Telemarketing Sales Rule
regulates phone sales of non-durable office or cleaning supplies to
businesses. Non-durable supplies are those that you routinely order,
for instance, copier paper, toner, or maintenance supplies.
According
to the Rule, telemarketers must tell you it’s a sales call — and who’s
doing the selling — before they make their pitch. And before you pay,
they must tell you the total cost of the products they’re offering, any
restrictions on getting or using them, and whether a sale is final or
non-refundable. It’s also against the law for telemarketers to lie
about the goods they’re offering.
Report Fraud
If a business directory scam, or other business product or service
scam, has struck your organization, file a complaint with the FTC at ftc.gov,
or talk to a consumer counselor at 1-877-FTC-HELP (1-877-382-4357). You
also can report scams to the Postal Inspection Service, your state
Attorney General, local consumer protection office, or your local
Better Business Bureau. In addition, you may want to share your
experiences with other businesses and organizations to help them avoid
a rip-off.
The
FTC works for the
consumer to prevent fraudulent, deceptive and unfair business practices
in the marketplace and to provide information to help consumers spot,
stop, and avoid them. To file a complaint
or to get free
information on consumer issues, visit www.ftc.gov
or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY:
1-866-653-4261. The FTC enters Internet, telemarketing, identity theft,
and other fraud-related complaints into Consumer Sentinel,
a secure, online database available to hundreds of civil and criminal
law enforcement agencies in the U.S. and abroad.
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Business
Directory Scams
The
information and opinions expressed on this web site are not intended to
be a comprehensive study, nor provide legal advice, and should not be
treated as a substitute for specific advice concerning individual
situations. Arch1design is not
responsible for the content of external internet sites which link to
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