  
senior abuse
Senior abuse is still a new issue & there’s still little research in this field on emotional abuse.
We do know that senior emotional abuse & neglect can be personal or systemic & that it occurs in a variety of relationships
& settings, including abuse by:
·
A partner
·
Adult children or other relatives
·
Unrelated formal or informal caregivers
·
Someone in a position of trust
Seniors whore emotionally abused may experience feelings of extreme inadequacy, guilt, low self-esteem, symptoms of depression, fear of failure, powerlessness or hopelessness.
These signs may be easily confused with loss of mental
capability so that a senior may be labeled as "senile" or "incapable" when in fact she or he may be being emotionally
abused.
Caregivers may often outwardly display anger & resentment toward the senior in the company of others.
They may also display a complete lack of respect or concern for the senior by repeatedly interrupting or publicly humiliating her or him. Not taking into account a senior's wishes concerning
decisions about her or his own life is an outward sign of abuse
Background
According to the Attorney
General's Family Violence Task Force, references to elder abuse can be traced throughout
Greek mythology, the writings of Shakespeare and modern literature. Yet, it has only been in the last 20 years that serious
attention has been given to family violence and elder abuse.
Perhaps, at least
in part, this elevated consciousness can be attributed to the increasing numbers of aging Americans (Commonwealth
of Pennsylvania, 1988).
An important step towards
recognizing elder abuse occurred in 1978 when Suzanne Steinmetz presented her
research on the abuse of the elderly to the Congressional Subcommittee hearings on domestic violence.
Her testimony prompted the
House Select Committee on Aging, chaired by the late U.S. Representative Claude Pepper, to further examine the mistreatment
of the elderly. The "Pepper Committee" subsequently introduced the term "elder abuse," and alerted the nation to the widespread severity of this problem (Commonwealth
of Pennsylvania, 1988).
Overview
The effects of the baby
boom and increased life expectancy have both contributed to the immediate and projected increase in the number of elderly
Americans. Medical advances and the implementation of "protective legislation" have greatly increased the length of life for
many Americans (Griffin and Williams, p. 19, 1992).
Yet, other simultaneous societal
changes may have contributed to the predisposition of some individuals to become abusive towards
the elderly. In previous generations extended family members could share the responsibility of caring for the aging.
However, increased mobility,
strained economic times and smaller nuclear families have limited familial resources. Currently, the responsibility of elder
care usually falls on a select few (Griffin and Williams, p. 20, 1992).
The definitions and statistics
regarding elder abuse vary. They range from estimates that one out of ten persons living
with a family member is subject to abuse -approximately 2.5 million a year (Griffin and
Williams, p. 20, 1992) - to 1 in 25 elderly persons being victimized annually (Heisler,
1991).
Still others conclude that
3.6% of our Nation's elderly citizens are victims of abuse each year (Commonwealth of Pennsylvania, 1988). Most researchers agree that the abuse
of the elderly fall within the five following categories:
- physical abuse
- sexual abuse
- psychological abuse
- financial abuse
- neglect
 
Mental Capacity,
Consent, and Undue Influence
What do these concepts have to do
with preventing elder abuse and neglect?
Evaluating alleged elder
abuse often involves determining what an older person understands or understood in the past. Inducing someone to sign a legal document or give a gift, for example, may constitute
abuse if the person does not fully understand the transaction, appreciate the value of what they are giving away, or comprehend the implications of what they are doing.
One of the first questions
often raised in abuse investigations is "did this person understand what he or she was doing when he gave a gift or transferred property. Was coercion, trickery, or undue influence employed?"
All Americans have a Constitutional
right to exercise choice about how to live their lives. That extends to refusing help that is offered. If however, the person
lacks sufficient mental capacity to make decisions, society may, under certain circumstances, intervene on their behalf without
their consent.
Consequently, another fundamental
questions workers must consider when they offer help is "does this person have sufficient mental capacity to accept or refuse
my help?" The appropriate level and type of help that is needed will also be dictated by the person's mental capacity.
In the past, the term "incompetent"
was used to describe persons with diminished mental abilities. The term is rarely used by professionals any more because it
is stigmatizing and implies a global deficit that has little practical meaning or application.
As more is learned about mental
function and greater attention is paid to preserving individuals' rights, greater emphasis is placed on identifying, in functional
terms, specific mental tasks and skills people retain and lose. Describing a person's ability or "capacity" to perform particular
tasks, such as remembering to pay one's bills or calculating how much change one is owed, is a more useful and meaningful
way of looking at mental disability.
It enables professionals to
assess vulnerability more effectively and develop effective service plans. Understanding a client's mental capacity can help workers meet the vulnerable person's needs while avoiding unnecessary, restrictive, or
intrusive interventions.
What is Mental Capacity?
Mental capacity is the term
used to describe the cluster of mental skills that people use in their everyday lives. It includes memory, logic, the ability
to calculate, and the "flexibility" to turn one's attention from one task to another. Mental status assessment is a complex
process involving a variety of measurements carried out by trained professionals. Simple tests, such as the mini mental status
exam, are commonly used in a variety of settings to provide workers with a general impression of the scope and extent of a
person's deficits.
Mental capacity is affected
by many factors. As people age, they may experience some natural decline in certain mental functions, particularly memory.
Pronounced decline, however, signals illness or disease. A variety of factors, some of which are treatable, may contribute
to mental decline. These include poor nutrition, depression, and interactions between medications. Time of day may also be
a factor as some people are more alert at certain times of day than at others.
What is consent?
Consent is when someone accepts
or agrees to something that somebody else proposes. For consent to be legal and proper, the person consenting needs to have
sufficient mental capacity to understand the implications and ramifications of his or her actions.
What is undue influence?
In recent years, the subject
of undue influence has received increasing attention in the field of elder abuse prevention. Simply stated, undue influence
is when an individual who is stronger or more powerful gets a weaker individual to do something that the weaker person would
not have done otherwise. The stronger person uses various techniques or manipulations over time to gain power and compliance.
They may isolate the weaker person,
promote dependency, or induce fear and distrust of others. Because undue influence, like mental capacity, raises the question
of whether an individual is acting freely, the two concepts are often confused.
Although diminished mental capacity
may contribute to a person's vulnerability to undue influence, the two are distinct and cognitive assessments cannot identify
the presence of undue influence. It is typically courts that make determinations of whether or not undue influence has been
exercised.
In doing so, they consider
a variety of factors, including whether the transaction took place at an appropriate time and in an appropriate setting and
whether the older person was pressured into acting quickly or discouraged from seeking advice from others. Courts also consider
the relationship between the parties, and the "fairness" of the transaction.
Resources for leaning more about
capacity, consent, and undue influence:
Dejowski,E. (1990). Protecting judgment-impaired adults:
Issues, interventions, and policies. Binghamton, NY: Haworth Press.
Hornswoggled? An interview with Margaret Singer on undue influence. nexus, A Publication for NCPEA Affiliates, March 1996.
source site: click here
Physical Abuse with Elders....
Physical abuse is physical force or violence that results in bodily injury, pain, or impairment.
It includes:
- assault
- battery
- inappropriate restraint
Who are the perpetrators?
Perpetrators may be:
- acquaintances
- sons
- daughters
- grandchildren
- or others
Physical abuse that is perpetrated by spouses or intimate partners in order to gain power and control over the victim is described in the section on domestic violence.
Perpetrators are likely to be unmarried,
to live with their victims, and to be unemployed. Some perpetrators have alcohol or substance abuse problems. Some are caregivers for those they abuse.
Who is at risk?
As a group, victims of physical abuse do not differ significantly from seniors who are not abused.
What are the indicators?
Indicators are signs or clues
that abuse has occurred. Physical indicators may include injuries or bruises, while behavioral
indicators are ways victims and abusers act or interact with each other.
Many of the indicators listed below
can be explained by other causes (e.g. a bruise may be the result of an accidental fall)
and no single indicator can be taken as conclusive proof. Rather, one should look for patterns or clusters of indicators that
suggest a problem.
Physical indicators
- Sprains, dislocations, fractures, or broken bones
- Burns from cigarettes, appliances, or hot water
- Abrasions on arms, legs, or torso that resemble rope or strap
marks
- Internal injuries evidenced by pain, difficulty with normal
functioning of organs & bleeding from body orifices
- Bruises. The following types of bruises are rarely accidental:
- Bilateral bruising to the arms (may
indicate that the person has been shaken, grabbed, or restrained)
- Bilateral bruising of the inner thighs (may indicate sexual abuse)
- "Wrap around" bruises that encircle an older person's arms,
legs, or torso (may indicate that the person has been physically restrained)
- Multicolored bruises (indicating
that they were sustained over time)
- Injuries healing through "secondary intention" (indicating that they did not receive appropriate care)
- Signs of traumatic hair & tooth loss
Behavioral indicators
- Injuries are unexplained or explanations are implausible (they do not "fit" with the injuries observed)
- Family members provide different explanations of how injuries
were sustained
- A history of similar injuries, and/or numerous or suspicious
hospitalizations
- Victims are brought to different medical facilities for treatment
to prevent medical practitioners from observing a pattern of abuse
- Delay
between onset of injury & seeking medical care
How
can I learn more?
Anetzberger, G.J. (1987). The etiology of elder abuse by adult
offspring. Springfield, IL: Thomas.
Baumhover, L.A. & Beall, S.C. (Eds.). (1996). Abuse, Neglect,
and Exploitation of Older Persons: Strategies for Assessment and Intervention. Baltimore, MD: Health Professions Press.
Quinn, M.J., & Tomita, S.K. (1997). Elder abuse and neglect:
Causes, diagnosis, and intervention strategies. (2nd ed.). New York: Springer Publishing Co.
source site: click here
Additional signs or symptoms for physical
abuse:
- Unexplained signs of injury such as bruises, welts, or scars,
especially if they appear symmetrically on two side of the body
- Broken bones, sprains, or dislocations
- Report of drug overdose or apparent failure to take medication
regularly (a prescription has more remaining than it should)
- Broken eyeglasses or frames
- Signs of being restrained, such as rope marks on wrists
- Caregiver’s refusal to allow you to see the elder alone
source site: click here
Sexual Abuse with Elders
Sexual abuse is any form of non-consensual physical contact. It includes rape, molestation, or any sexual conduct with a person
who lacks the mental capacity to exercise consent.
Who are the perpetrators?
Perpetrators of sexual
abuse include attendants, employees of care facilities, family members (including
spouses), and others.
Who is at risk?
- Women
- Persons with physical or cognitive disabilities
- Persons who lack social support and are isolated
What are the indicators?
Indicators are signs or clues
that abuse has occurred. Physical indicators may include injuries or bruises, while behavioral
indicators are ways victims and abusers act or interact with each other.
Some of the indicators listed below
can be explained by other causes (e.g. inappropriate or unusual behavior may signal dementia
or drug interactions) and no single indicator can be taken as conclusive proof. Rather, one should look for
patterns or clusters of indicators that suggest a problem.
Physical indicators
- Genital or anal pain, irritation, or bleeding
- Bruises on external genitalia or inner thighs
- Difficulty walking or sitting
- Torn, stained, or bloody underclothing
- Sexually transmitted diseases
Behavioral indicators
- Inappropriate sex-role relationship between victim & suspect
- Inappropriate,
unusual, or aggressive sexual behavior
How
can I learn more?
"Speaking the unspeakable: An interview about elder sexual assault with Holly Ramsey-Klawsnik, Ph.D" in
nexus, A Publication for NCPEA Affiliates, April 1998.
Ramsey-Klawsnik, H. (1996). Assessing physical and sexual abuse
in health care settings. In L.A. Baumhover & S.C. Beall (Eds.) Abuse, neglect and exploitation of older persons: Strategies
for assessment and intervention, (pp. 67-87). Baltimore, MD: Health Professionals Press.
source site: click here
Elder Abuse and
Substance
Abuse
Substance abuse has been identified
as the most frequently cited risk factor associated with elder abuse and neglect. It may
be the victim and/or the perpetrator who has the substance abuse problem.
Substance abuse is believed
to be a factor in all types of elder abuse, including physical mistreatment, emotional abuse,
financial exploitation, and neglect. It is also a significant factor in self-neglect.
Researchers and practitioners
have observed the following patterns with respect to perpetrators of elder abuse who abuse
drugs or alcohol:
- Persons with alcohol or substance
abuse problems may view older family members, acquaintances, or strangers as easy targets for financial exploitation. The perpetrator may be seeking money to support a drug habit or because they are unable to hold a job and have no source
of income.
- Perpetrators may move into an older
person's home and use it as a base of operation for drug use or trafficking.
- The research on domestic violence shows that abusive partners are more likely to be violent while they're under the influence of drugs or alcohol. The relationship between domestic violence and substance abuse, however, is not fully understood.
Although it has been assumed
that alcohol and drugs reduce users' inhibitions, it has also been observed that perpetrators of
domestic violence use drugs and alcohol to rationalize their behavior.
- Caregivers who are having difficulty
coping with the demands of providing care may use drugs as a misguided coping mechanism.
They have observed the following
patterns with respect to victims who abuse drugs or alcohol:
- Alcoholic or substance abusing older
persons are at risk for several reasons.They may have substance abuse related impairments, such as cognitive loss,
that reduces their ability to resist or detect coercion or fraud.
Physical disabilities associated
with substance abuse increase risk by rendering the older person dependent on others for assistance or care, and giving
caregivers physical access to the older person and their home.
Caregivers are also likely to have
access to an older person's financial resources and to wield significant influence.
- Seniors may be encouraged to take
drugs or drink excessively, or even forced to do so. A perpetrator's motive may be to make the older person easier
to exploit financially or, in the case of illegal drug use, less likely to report.
Abusive caregivers may encourage older people to drink excessively or use drugs to make them more compliant or easier to care for.
- Some victims use drugs or alcohol
as a coping mechanism to relieve their anxiety and fear.
- Seniors who have longstanding alcohol
or substance abuse problems are likely to have poor relationships with their families or to be estranged entirely.
If the older person needs care, their family members may be unwilling to help or may harbor resentments that impede their
ability to provide good care.
- Older persons who self-neglect
are likely to have substance abuse or alcohol problems.
Resources for learning more
about the relationship between substance abuse and elder abuse:
Elder Abuse & Substance Abuse: Making the Connection. An
interview with Charmaine Spencer and Jeff Smith. in nexus, a Publication for NCPEA Affiliates. April 2000. Click here to view.
Bradshaw, D., & Spencer, C. (1999). The role of alcohol
in elder abuse cases. In J. Pritchard (Ed.). Elder abuse work: Best practices in Britain and Canada. London: Jessica Kingsley
Press.
source site: click here
Financial Abuse of Elders
Elder financial abuse spans
a broad spectrum of conduct, including:
- Taking money or property
- Forging an older person's signature
- Getting an older person to sign a deed, will, or power of attorney
through deception, coercion, or undue influence
- Using the older person's property or possessions without permission
- Promising lifelong care in exchange for money or property and
not following through on the promise
- Confidence crimes ("cons") are the use of deception to gain
victims' confidence
- Scams are fraudulent or deceptive acts
- Fraud is the use of deception, trickery, false pretence, or
dishonest acts or statements for financial gain
- Telemarketing scams. Perpetrators call victims and use deception,
scare tactics, or exaggerated claims to get them to send money. They may also make charges against victims' credit cards without
authorization
Who are the perpetrators?
Family members, including sons, daughters, grandchildren, or
spouses. They may:
- Have substance abuse, gambling, or financial problems
- Stand to inherit and feel justified in taking what they believe
is "almost" or "rightfully" theirs
- Fear that their older family member will get sick and use up
their savings, depriving the abuser of an inheritance
- Have had a negative relationship with the older person and
feel a sense of "entitlement"
- Have negative feelings toward siblings or other family members
whom they want to prevent from acquiring or inheriting the older person's assets
Predatory individuals who seek out vulnerable seniors with the
intent of exploiting them. They may:
- Profess to love the older person ("sweetheart scams")
- Seek employment as personal care attendants, counselors, etc.
to gain access
- Identify vulnerable persons by driving through neighborhoods
(to find persons who are alone and isolated) or contact recently widowed persons they find through newspaper death announcements
- Move from community to community to avoid being apprehended
(transient criminals)
Unscrupulous professionals or businesspersons, or persons posing
as such. They may:
- Overcharge for services or products
- Use deceptive or unfair business practices
- Use their positions of trust or respect to gain compliance
Who is at risk?
The following conditions or factors increase an older person's
risk of being victimized:
- Isolation
- Loneliness
- Recent losses
- Physical or mental disabilities
- Lack of familiarity with financial matters
- Have family members who are unemployed and/or have substance
abusers problems
Why are the elderly attractive targets?
- Persons over the age of 50 control over 70% of the nation's
wealth
- Many seniors do not realize the value of their assets (particularly
homes that have appreciated markedly)
- The elderly are likely to have disabilities that make them
dependent on others for help. These "helpers" may have access to homes and assets, and may exercise significant influence
over the older person
- They may have predictable patterns (e.g. because older people
are likely to receive monthly checks, abusers can predict when an older people will have money on hand or need to go to the
bank)
- Severely impaired individuals are also less likely to take
action against their abusers as a result of illness or embarrassment
- Abusers may assume that frail victims will not survive long
enough to follow through on legal interventions, or that they will not make convincing witnesses
- Some older people are unsophisticated about financial matters
- Advances in technology have made managing finances more complicated
What are the indicators?
Indicators are signs or clues that abuse has occurred. Some
of the indicators listed below can be explained by other causes or factors and no single indicator can be taken as conclusive
proof. Rather, one should look for patterns or clusters of indicators that suggest a problem.
- Unpaid bills, eviction notices, or notices to discontinue utilities
- Withdrawals from bank accounts or transfers between accounts
that the older person cannot explain
- Bank statements and canceled checks no longer come to the elder's
home
- New "best friends"
- Legal documents, such as powers of attorney, which the older
person didn't understand at the time he or she signed them
- Unusual activity in the older person's bank accounts including
large, unexplained withdrawals, frequent transfers between accounts, or ATM withdrawals
- The care of the elder is not commensurate with the size of
his/her estate
- A caregiver expresses excessive interest in the amount of money
being spent on the older person
- Belongings or property are missing
- Suspicious signatures on checks or other documents
- Absence of documentation about financial arrangements
- Implausible explanations given about the elderly person's finances
by the elder or the caregiver
- The elder is unaware of or does not understand financial arrangements
that have been made for him or her
How can I learn more?
Nerenberg, L. (1999). Forgotten victims of elder financial
crime and abuse: A report and recommendations. Produced by the Goldman Institute on Aging for the National Center on Aging
(NCEA), this report summarized four roundtable discussions sponsored by NCEA, which focused on four components of the legal
system: the state and criminal justice system, federal investigative and regulatory agencies, the civil legal system, and
the victim witness assistance network. Professionals from each system described challenges they face in handling financial
abuse cases and made recommendations for improving each system's response. To view, click here to download it from the NCEA web site.
Volume 12 Number 2 (2000) of the Journal of Elder Abuse &
Neglect is devoted to elder financial abuse. For more information about JEAN and a listing of articles in the issue,
click here.
A/PACT: Aging Parents and Children Together. Produced by the
American Association of Retired Persons (AARP) and the Federal Trade Commission (FTC), this consumer education series includes
10 1-3 page articles focusing on consumer fraud, daily money management, alternatives to guardianship, etc. Contact the AARP for more information.
source site: click here
Emotional abuse
In emotional or psychological senior abuse, people speak to
or treat elderly persons in ways that cause emotional pain or distress.
Verbal forms of emotional elder abuse include
- intimidation through yelling or threats
- humiliation and ridicule
- habitual blaming or scapegoating
Nonverbal psychological elder abuse can take the form of
- ignoring the elderly person
- isolating an elder from friends or activities
- terrorizing or menacing the elderly person
Signs or Symptoms of Physical or Emotional Abuse
The following are warning signs of some kind of elder abuse:
- Frequent arguments or tension between the caregiver and the
elderly person
- Changes in personality or behavior in the elder
In addition to the general signs above, indications of emotional
elder abuse include
- Threatening, belittling, or controlling caregiver behavior
that you witness
- Behavior from the elder that mimics dementia, such as rocking,
sucking, or mumbling to oneself
source site: click here
Signs and Symptoms of Healthcare fraud and abuse
- Duplicate billings for the same medical service or device
- Evidence of overmedication or undermedication
- Evidence of inadequate care when bills are paid in full
- Problems with the care facility:
- Poorly trained, poorly paid, or insufficient staff
- Crowding
- Inadequate responses to questions about care
source site: click here
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Telemarketing Fraud Against Seniors
The Facts
Every year, Americans lose more than $40 billion to telemarketing fraud. More than one-half
of the victims of these crimes are older people. Illegal telemarketers direct anywhere from 56 to 80 percent of their calls
at older consumers1. As the number of Americans over age 65 dramatically rises in
the next two decades, seniors will become an increasingly inviting target for criminals who steal with telephones.
Studies show that many older people
do not make the connection between illegal telemarketing and crime. They may not understand that dishonest telemarketers are
not shrewd business people but criminals who are trying to steal their life savings.
Why Target Seniors?
Fraudulent telemarketers target
older people because they have resources. Many older people own homes and have pensions, investments, and Social Security
income. Seniors are also accessible to telemarketers because many older people are retired and likely to be at home during
the day. The seniors targeted by fraudulent telemarketers are not necessarily isolated or ill-informed. A 1996 AARP survey
found that older fraud victims are relatively educated, affluent, and connected to extensive networks of family and friends2.
Yet most seniors are deeply concerned
about their financial futures. They worry about losing their financial independence or their health, of outliving their savings,
and of not having resources to pass on to their children and grandchildren. Such concerns increase their vulnerability to
fraud and exploitation3.
The AARP study found that seniors
who became fraud victims shared several common characteristics:
-
Susceptibility to
pitches: Victims were likely to believe fraudulent sales pitches. They did not suspect callers who claimed that victims
had “won” a contest but had to pay fees to qualify for the award. Victims thought that these “small fees”
were a bargain (rather than a sign that the contest was fraudulent).
-
Inability to detect
dishonest pitches: More than two-thirds of respondents reported they had difficulty distinguishing between fraudulent
and legitimate pitches, even though 90 percent had heard about telemarketing fraud.
-
Difficulty ending
phone conversations with telemarketers: Even when victims knew the offer was fraudulent, they had trouble ending
phone conversations with telemarketers.
Impact of Telemarketing Fraud on Seniors4
The crime can be financially devastating, causing
irreversible losses of resources needed for survival. Also, being victimized by telemarketing fraud is especially humiliating
for older people. Victims often suffer severe damage to their self-esteem and may even begin to question their ability to
care for themselves. Older victims are often too embarrassed to tell family members and friends about the crime. They may
fear that their families will see the victimization as a sign of diminishing mental capacities and take steps to put them
in a nursing home. Others may blame themselves and feel that they somehow deserve what has happened. Such reactions may explain
why seniors seldom report the crime to their families or the authorities.
Top Telemarketing Scams5
-
Sweepstakes and Prize Offers:
Pitch: You have won a fabulous prize, but to receive it, you have to pay taxes
or fees or buy something.
Scam: Consumers who pay either get nothing or receive a cheap trinket.
Danger Sign: Request for money: It’s illegal for a telemarketer to ask you to pay to win
something or claim a prize. Winners of legitimate contests have taxes deducted from winnings or pay them directly to the government.
-
Magazine Sales:
Pitch:
Subscribe for pennies a day or renew your current subscription at a low rate.
Scam:
The magazine costs much more than you realize, or the caller pockets your money, and you do not get a magazine.
Danger
Sign: Pressure to act immediately or refusal to provide contact information for the publisher so you can verify
the offer.
-
Credit Card Loss Protection
Plans:
Pitch: You need this protection because you could lose a great deal of money
if someone steals your credit card and uses it.
Scam: Consumers are liable for only $50, and
most credit card companies will remove fraudulent charges if you notify them right away.
Danger Sign:
Scare tactics or claims that the caller is affiliated with your credit card issuer.
Other Common Scams
6
-
Charity Scams: Fraudulent
telemarketers represent themselves as soliciting funds for worthy causes, such as the victims of the September 11 attacks
or of natural disasters such as floods or tornadoes. Some scam artists claim to represent police or fire departments.
-
Work-at-Home Scams:
Fraudulent telemarketers sell kits to stuff envelopes, make jewelry, or perform other work-at-home tasks. Buyers may have
to spend their own money to place newspaper ads or buy the envelopes, paper, stamps, and other supplies to do the job. Sponsoring
companies may also require that the buyer pay for instructions or “tutorial” software.
-
Advance Fee Loans:
Lenders charge exorbitant fees, sometimes hundreds or even thousands of dollars as an advance fee for a “guaranteed”
loan. The “lenders” pocket the fee, and the borrower gets no loan.
-
Telephone Slamming:
Telephone slamming is unauthorized switching of telephone service from one company to another, usually involving a great increase
in costs to consumers. Usually, the consumer receives a call from someone offering to consolidate all the consumer’s
telephone carriers on one bill. When the consumer agrees, his or her service is switched to another company. Or, the consumer
might be offered a discount on current service, only to discover that the service has been switched to another company.
-
900 Numbers or Pay-per-Call
Services: These scams entice consumers to make calls to receive information (such as how to save money on groceries
or receive free credit cards). Those who call the numbers are charged exorbitant rates for the calls.
-
Travel Packages: “Free”
or “low-cost” vacations often turn out to cost two to three times more than the “winner” might expect
to pay, given all the hidden costs associated with accepting the “prize.”
-
Recovery Scams: Telemarketers
prey on people who have already been victimized by other dishonest telemarketers. For a large fee, the caller promises to
recover the money the victim lost to the previous scam. The telemarketers pocket the fee, and the victim is revictimized.
Common “Lines” Used by
Fraudulent Telemarketers:
-
You must act now or the offer won’t be good.
-
You’ve won a “free gift,” vacation,
or prize, but you have to pay for “postage and handling” or other charges.
-
To take advantage of the offer, you must send money;
give a credit card, bank account number, or Social Security number; or have a check picked up by a courier.
-
You can’t afford to miss this “high
profit” and “no-risk investment.”
-
You don’t need to check out the company or
seek any written information about it.
Warning Signs That You May Be a Target of Fraud
-
Receiving lots of junk mail for contests, “free”
trips, prizes, and sweepstakes.
-
Receiving frequent calls from strangers offering
awards and “great money-making opportunities,” or requesting contributions.
-
Requests to send payment through courier services.
-
Receiving cheap items such as costume jewelry,
pens and pencils, small appliances (often purchased to “win” a more valuable prize.
-
Receiving calls from organizations that offer to
recover money previously paid to telemarketers, for a fee.
How to Outsmart a Dishonest Telemarketer7
Don’t Take the Bait
-
Handle telephone callers the same way you handle
strangers. Don’t trust anyone until you have established that the caller is legitimate.
-
Tell the caller that you want to check out the
offer, and ask for a number to call back. If the caller refuses to give a number or insists on an immediate decision, hang
up.
-
Get all information in writing, including any refund
policies, before you buy something over the phone.
-
Check out the caller with the Better Business Bureau.
-
Check out a charity before you give. Ask the charity
how much of your donation actually goes to the charity.
Take Control
-
Take your time making a decision. Remember that
if the offer is legitimate, it will be there tomorrow.
-
If you don’t completely understand the terms
of the offer, don’t accept it.
-
If the offer is “free,” refuse to pay
any fees or costs8. Free means no costs.
-
Never give your credit card, bank account, or Social
Security number to an unknown caller.
-
Never do business with marketers who want to send
special couriers to pick up your money.
-
Register your telephone number with the federal
and state “do-not-call” registries. Once you are on the list, you can sue telemarketers in small claims court
for $500 if they call again. (See Resources below.)
If You’ve Been Victimized9
-
Don’t blame yourself. Telemarketing thieves
are clever criminals who prey on people’s decency, honesty, and trust.
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Document the crime. Save all records of transactions,
including postcards, canceled checks, telephone bills, credit card statements, and mailing envelopes. Make detailed notes
of your telephone conversations with the date and time, and write down the important statements made by each individual you
spoke with.
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Hang up on future telephone solicitations that
seem fraudulent. Change your phone number if you’re still getting too many calls.
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If any part of the transaction took place thru
the U.S. mail (e.g., if you received promotional literature or mailed payment),
notify the nearest postal inspector that the crime has occurred or write to the Chief Postal Inspector, 475 L’Enfant
Plaza SW, Washington, Washington, DC 20260-2160 10. Be prepared to submit copies of your documentation (e.g., letters, postal receipts).
Remember—If You Suspect Fraud
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HANG UP the phone. Don’t worry about being rude.
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Call the National Center for Victims of Crime 1-800-FYI-CALL
(www.ncvc.org) or the National Fraud Information Center 1-800-876-7060 (www.fraud.org).*
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Contact your state’s attorney general’s office
or your local police.
* The National Center for Victims of Crime
Helpline provides callers information about resources available to help crime victims rebuild their lives.
The National Consumers League Fraud Information
Center offers information about frauds & scams and runs a hotline for consumers. Records of incidents reported to the
National Consumers League are stored in a national database that tracks information on fraud.
Resources
Where to Find Help
AARP, Criminal Justice Services
601
E Street, NW, Washington, DC 20049
(202) 434-2222
www.aarp.org
AARP serves members thru legislative representation, occupational
& community service programs & direct membership benefits. AARP also has the AARP Foundation Litigation that conducts
high-visibility litigation to benefit AARP members & other people over 50. Information on AARP studies on elders &
fraud is available at the AARP Web site, www.aarp.org.
National Association of Attorneys General
750
First Street, NE Suite 1100
Washington, DC 20002
(202) 326-6000
www.naag.orgThe National Association of Attorneys General offers consumer
information at its National Consumer Law Center at (617) 542-8010 or www.consumerlaw.org.
National Center for Victims of Crime
Helpline
2000 M Street
NW, Suite 480
Washington, DC 20036
www.ncvc.org
1-800-FYI-HELP
The Helpline offers crime
victims, victim service providers, criminal justice officials, attorneys & concerned individuals practical information
on the closest, most appropriate local services for victims of crime.
Victims can speak directly
with victim advocates who provide supportive counseling, comprehensive information & timely referrals to local service
agencies.
National Consumers League
National Fraud
Information Center
1701 K Street, N.W., Suite 1200
Washington, D.C. 20006
Fraud Hotline: 1-800-876-7060
www.nclnet.org
The National Consumers League,
the nation’s oldest consumer organization, is a private, nonprofit advocacy group representing consumers on marketplace
& workplace issues.
The nation's oldest consumer organization,
NCL runs a
National Fraud Hotline & offers extensive information on all kinds of fraud (www.fraud.org).
Office of the Attorney General
State
of Maryland
200 St. Paul Place
Baltimore, MD 21202
(410) 576-6300 or 1 (888) 743-0023 toll-free in Maryland
www.oag.state.md.us
Beginning in 1998, the attorney
general of Maryland began a campaign to crack down on mail & telemarketing fraud against seniors. His staff enlisted 500
senior volunteers across Maryland to save their mail solicitations & log all telephone solicitations for one month.
As a result of the
information collected, Maryland has successfully prosecuted many fraudulent telemarketers & sued companies that
promote their schemes.
U. S. Federal Trade Commission
600
Pennsylvania Ave., NW
Washington, DC 20580
Information Locator: 202-326-2222
www.ftc.gov
The U.S. Federal Trade Commission
is the U. S. governments' consumer protection agency. The FTC enforces federal consumer protection laws that prevent
fraud, deception & unfair business practices.
The Commission also enforces
federal antitrust laws that prohibit anticompetitive mergers & other business practices that restrict competition &
harm consumers. The FTC also offers extensive information on scams & frauds.
U. S. Federal Trade
Commissions “Do-Not-Call” Line
The FTC runs the national “do-not-call registry.”
Consumers may register on-line at www.donotcall.gov or by phone by calling 1-888-382-1222 (TTY 1-866-290-4236).
They must call from the
telephone number they wish to register. Consumers who want to know if their state has such a list & how it may
protect them may call their state attorney general or state consumer protection program.
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What Should I Do if Someone I Know is Being
Abused?
Most states have laws that require professionals to report abuse.
Concerned citizens are also encouraged to report. These laws shield reporters from liability in the event that the report
turns out to be unfounded. To learn more about state reporting laws, click here (by clicking here, you will leave this web site).
To whom should I report?
Each state designates a lead agency or agencies to assume responsibility
for investigating abuse reports. Typically one of the following agencies will investigate:
- Adult protective services (APS) is the primary agency to accept
reports in most states. Check your phone directory for the APS program in your community. In most communities, it is listed
under the Department of Human Services or Social Services.
- Law enforcement is responsible for investigating abuse when
it is criminal.
- Long-term care ombudsman programs are federally funded programs
that investigate reports of abuse in nursing homes and residential care facilities.
- Medicaid fraud and control units: Under federal law, state
Attorneys General are required to investigate and prosecute fraud and patient abuse or neglect in health care facilities that
participate in Medicaid.
What will happen if I report?
Although procedures vary from state to state, a report to adult
protective service programs typically will trigger an investigation to assess the following:
- Is the subject of the report in imminent danger?
- Is the person in need of emergency services to prevent injury
or loss?
- What is the nature and extent of the abuse?
- Is abuse likely to occur again?
- What is the level of risk?
- Is the person able to make decisions about his or her care?
- What measures are needed to prevent future abuse and ensure
the well being of the elder or dependent adult.
The answers to these questions will direct investigators' response.
In most cases, they will offer to help victims access appropriate services. Adult protective services are voluntary. That
means that the subject of a report has the right to refuse services (in some states, they can stop an investigation) unless
one of the following two conditions apply:
- If the vulnerable older person lacks sufficient mental capacity
to protect him or herself, involuntary measures, such as protective placements, may be initiated.
- If a crime has been committed, police may take action.
Unless either of these conditions applies,
vulnerable persons are free to decide whether or not they want help, and the type of help they want.
How Do I Find Services in my Community?
The following national help lines will help you find services
in your community:
The Eldercare Locator (800-677-1116) directs callers to senior
information and referral telephone lines in their communities. These programs direct callers to local programs and services,
including home delivered meal programs, adult day care programs, support services, legal assistance, services for caregivers,
and many others.
INFOLINK (800-FYI-CALL) directs callers to the closest, most
appropriate services for victims of crime, including crisis intervention, assistance with the criminal justice process, counseling,
and support groups.
The National Domestic Violence Hotline (800-799-SAFE [7233])
links callers to domestic violence shelters, other emergency shelters, legal advocacy and assistance programs, and social
service programs.
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