Illustration by James Yang

But, as consumers finally learned to be wary of out-of-the-blue offers of untold riches, clever Nigerian letter scammers found ways to adapt. These days, instead of just masquerading as monarchs, some also pose as wealthy foreign businessmen on dating websites, asking cyber sweethearts for money for a plane ticket to meet them or help them out of a jam. Others claim to be bank lenders who “approved” two percent loans in a tough economy—after the requested application fee is paid. Still others have been known to pose as FBI director Robert Mueller or even Hillary Clinton, threatening arrest or offering political help to get a hidden inheritance (depending on the letter) unless upfront fees are paid to keep you out of jail or put you on Easy Street.

The very latest spin on all of the above scams has been to abandon email (too common, too much competing spam) in favor of the old-fashioned fax. As with email, faxes also can be sent en masse, with “predictive dialers” that call thousands of random phone numbers per day; if a fax tone is reached, the transmission goes through.

Sigh! Just goes to show you, some old scams never die. Instead (and often after well-publicized warnings), they just get tweaked. So be aware—and beware—of these creatively sinister newly rewritten rip-offs, hustles, and cons:

Telephone Scams

Misleading telephone offers date back almost to Edison. Here are the most common and their newest incarnations:

1. Fake Lotteries. The classic approach is to say “you have already won” a lottery that, in fact, you never entered. (One tip-off: they’ll ask you to pay advance fees­—never part of legitimate winnings—in order to claim your prize.) Or, they call to ask for donations for phony charities (often in the wake of recent disaster) or to promise government grants, low-cost medication, or a “free” vacation (any of which they claim requires your personal information and credit card).

The New Twist. Now fraudsters who work the phone try to get you to call them. For example, you receive a mailed letter for any of the reasons above, or stating there’s a UPS package that cannot be delivered, or that you’re entitled to cash from a special (secret) government program. You’ll call what seems like an American area code, but is actually the number for a Caribbean country. Dialing that number may cost as much as $5 or more per minute. So, the scam is actually two-pronged: As an operator tries to weasel your personal or financial information for identity theft, you’re simultaneously running up sky-high phone bills—thanks to a series of transfers, long holds, and lengthy small talk to keep you on the line as long as possible.

2. Distress Calls. Another classic phone scam is the call to targeted grandparents. Scammers pretend to be a grandchild in need of money after being arrested or hospitalized while vacationing abroad. They often try a generic greeting such as “Hi, Grandma, it’s me, your favorite grandson!” with hopes you will reply, “Billy? Is that you?”

The New Twist. Now, scammers are increasingly identifying themselves with the specific names of grandchildren—as in “Hi, Grandma, it’s Billy, and I need your help!” They get grandkids’ names from Internet searches on ancestry websites, Facebook accounts, online telephone directories, or reading recent obituaries of the target’s spouse.

3. Timeshare Resale Agents. Timeshares have a tendency to lose value. For years, distraught timeshare owners have been barraged with offers to help unload their unwanted units by self-described “resellers.” These sleazy profiteers promise they already have an interested buyer. All they need is their fee—upfront, please—to make the transaction occur. (Of course, the buyer is nothing more than a figment of the scammer’s imagination.)

The New Twist. Timeshare owners who’ve been swindled of upfront fees by phony resellers are now being re-contacted by so-called “fraud recovery” specialists. Guess what they’re being offered? Help with recouping that lost money—for another upfront fee, of course. Sometimes, it’s the same “resellers” now calling as “recovery” specialists, according to FBI reports. At best, pay a “recoverer” and you’ll get little more than forms or instructions to file complaints with investigating government watchdogs—all of which you can get for free at websites for the Federal Trade Commission or your state Attorney General. At worst, you get nothing but a smaller checking account.

Protect Yourself from Phone Scams. Hang up on any unsolicited phone call seeking personal or financial information. To avoid the phone bill trap, be cautious about calling back anyone with an area code you don’t immediately recognize. The most commonly used Caribbean area codes are 876, 809, or 284 (Jamaica, the Dominican Republic, and the British Virgin Islands). Also be wary of Canadian area codes, which are also three digits long.

Illustration by James Yang

Debit Card Scams

The invention of the ATM machine has not just made banking a greater convenience: It’s been a source of unlimited inspiration to the criminal mind. Top scams include:

1. ATM Skimming. Portable “skimming” devices—sold online for as little as $100—are placed over or behind the card slot to record information encoded in the magnetic strip of debit cards. With miniature spy cameras placed nearby to record PIN numbers used to make cash withdrawals, crooks are able to make duplicate cards and score fast cash from multiple machines. Without a PIN, they can make fraudulent online purchases.

The New Twist. Automated card machines at gas pumps have become an even more desirable target. Reason: With only a couple of manufacturers of gas pumps, a single key—in the hands of a scammer who gains employment at one gas station—can open pumps at multiple stations to install the sinister skimmers.

2. Fake “Out of Order” Signs. In bank vestibules with several ATMs, crooks place “Out of Service” signs on non-tampered ATMs in order to get customers to use a neighboring ATM on which they already placed a skimmer. Such was one recent case that resulted in $390,000 in skimmed withdrawals—until the Secret Service nabbed the culprits.

The New Twist. In a newer spin, no skimmer is even needed. Instead, crooks apply adhesive to certain buttons—“enter,” “cancel,” and “clear”—to prevent keypad-using consumers from completing their cash withdrawals after they’ve already inserted their card and typed PIN codes. As frustrated customers leave the machine to report the problem (tin foil is sometimes used to prevent cards from being returned), lie-in-wait crooks use a screwdriver to release the keys to complete the transaction—and get cash.

Protect Yourself from Debit Card Scams. Before using an ATM, wiggle the card slot—if it’s loose, avoid that machine. Also ensure a light emits from the card slot; if obscured, that’s a sign of tampering. Inspect keypads to ensure buttons aren’t stuck and always cover the keypad as you enter your PIN. At gas pumps and checkout counters, a credit card is safer—federal laws limit your liability against credit card fraud to no more than $50 (it varies with debit cards, depending on when the fraud is reported). When using a debit card to buy gas or anything else, it’s safer to choose the “credit” screen prompt instead of “debit” so you don’t have to enter your PIN. The purchase amount will still be deducted directly from your bank account, but it’s processed through a credit-card network—providing greater protection in the event of fraud.

Sneakiest New Scams The Saturday Evening Post

Before long, Sylvia was in well over her head. “I was up to a balance of nearly $7,000, and paying interest rates as high as 39.99 percent on seven different cards,” she says. “I realized that I was going to have a very hard time ever paying that off and I became very depressed.”

In today’s economy, Sylvia’s story is far from unusual. Americans hold an estimated 610 million credit cards, and the average household with credit card debt carries a balance of nearly $16,000.

With so many people owing so much, a large debt settlement industry has emerged. By way of unsolicited phone calls and advertisements on radio and television—usually late at night when the debt-ridden presumably are sleepless—these companies make promises of fast, painless relief. “We’ll cut your bills in half!” the ads promise. But, as the old adage states, if something sounds too good to be true, it usually is. According to a recent investigation by the Government Accountability Office (GAO), the debt relief industry is rife with fraudulent and deceptive practices that often leave people only more in debt, sometimes facing multiple lawsuits and bankruptcy.

Here’s what’s behind those promises of miraculous debt reduction. First, the firms tell you to stop paying your bills. After your creditors haven’t been paid for several months, the strategy is for the debt settlement attorneys to go to your creditors and offer them a lump sum payment for far less than the amount owed. It actually can work. The catch is that you’re stuck paying fees to the debt settlement company that may be close to—or even exceed—the amount you’ve saved. Plus your credit rating is shattered. In the worst case scenario, you might pay thousands to the debt relief company and still fail to reduce your debt in the slightest. These companies’ actions are “appalling beyond words,” said Senator John D. Rockefeller (D-WV), who ordered the GAO investigation. “These debt settlement companies are kicking people when they are down.”

There is a legitimate alternative to all this. It’s called “debt consolidation.” Such programs are usually managed by nonprofits following strict ethical guidelines that help you group your debts together into one payment (often using your home as collateral) so that your interest rates can be lowered.

In part due to the GAO investigation, new federal laws went into effect in October of 2010 that make it more difficult for unscrupulous debt relief firms to continue doing business as usual. But industry insiders warn that the new laws will not protect consumers from all fraud and deception. If you are in debt and can’t find your way out, consider the following tips to help you distinguish good help from bad.

1. Check under the hood. Look for a nonprofit credit counseling agency—not a for-profit “debt settlement” company. The nonprofit should belong to either the National Foundation for Credit Counseling (NFCC) or the Association of Independent Consumer Credit Counseling Agencies (AICCCA) or both.

These organizations set ethical standards that all member agencies must follow.

2. Beware extravagant claims. Legitimate companies aren’t going to cut your debt in half—or anything close.

3. Refuse up-front costs. Charging fees in advance is typical among the firms investigated by the GAO. Some of these companies demanded hundreds or even thousands of dollars on day one. A legitimate nonprofit agency will charge you no more than $50 a month, often less, and only after they’ve worked with you to lower your monthly credit payments by at least that amount, says Gail Cunningham, spokesperson for the NFCC.

4. Do a background check. Ask the Better Business Bureau and your state Attorney General’s Office if complaints have been lodged against any credit counseling enterprise you approach.

Sylvia Mitchell finally landed a fulltime position with the Transportation Security Administration. At the same time, she sought help from a nonprofit agency called InCharge Debt Solutions (a member of both the NFCC and AICCCA). With its help, she was able to consolidate her loans, lower her payments, get control over her budget, and, over two years, reduce her credit-card debt to zero. “I’ve learned my lesson,” Sylvia says. “No more credit. From now on, it’s just cash and carry for me!”

No Shortcuts to Debt Relief The Saturday Evening Post

Even though Huggins was a victim of ID theft, he received no sympathy from banks or the collection agencies. Under the Consumer Credit Protection Act, an individual cannot be held liable for charges incurred on a credit card for which the individual did not apply and did not receive. Therefore, the banks would ultimately be forced to absorb the bad debt, but, in the meantime, that did not stop collection agencies from trying to collect the money from Huggins.

Huggins spent countless hours writing multiple letters, making and documenting phone calls, leaving and returning messages, sending certified mail, and doing anything he could to right a wrong he never committed.

For his troubles, Huggins sued the banks for negligent enablement of imposter fraud, alleging they were negligent for issuing the credit cards without investigation, verification, or corroboration of the imposter. Further, he claimed the banks were negligent in attempting to collect the debt from Huggins, an innocent victim of a crime made possible by the banks’ lack of due diligence.

The banks—also victims of the fraud—asked the court to dismiss the case because Huggins was not their customer and, therefore, they had no legal duty to protect him. Huggins disagreed, arguing that banks have a duty to protect potential victims of identity theft from imposter fraud.

To legally establish a claim for negligence, a plaintiff must prove there is a legal duty of care owed by the defendant to the plaintiff and that there was a breach of that duty by negligent act or omission. In a negligence action, the court must determine, as a matter of law, whether the defendant owed a duty of care to the plaintiff. If there is no duty, there should be no action.

You be the judge.

DECISION:

“We are greatly concerned about the rampant growth of identity theft and financial fraud in this country. Moreover, we are certain that some identity theft could be prevented if credit card issuers carefully scrutinized credit card applications.”

Having said that, the court ruled in favor of the banks, citing that negligence liability does not attach unless the parties have a relationship recognized by law and “South Carolina does not recognize the tort of negligent enablement of imposter fraud.”

Adding an editorial note, the court also pointed out “that various state and national legislation provides at least some remedy for victims of credit card fraud…. While these regulations may not fully compensate victims of identity theft for all of their injury, we conclude the legislative arena is better equipped to assess and address the impact of credit card fraud on victims and financial institutions alike.”

Who Pays for Identity Fraud? The Saturday Evening Post