Friday, October 26, 2007

Agents Use Deceptive Tactics To Evade No-Call Lists and Defraud Elders

The front page of today's Wall Street journal (FRIDAY OCTOBER 26, 2007)

has a very informative article on still another widely used method to deceive and defraud older Americans out of their money.

Here is a brief excerpt of the extensive article. I encourage you to follow this link to read it in it's entirety:
http://online.wsj.com/article/SB119335472901272206.html?mod=todays_us_nonsub_page_one

Older Americans around the country are getting duped by a seemingly innocuous tactic that can expose them to hard-sell pitches from the insurance industry.

The technique is centered on a marketing tool called the lead card. Sent through the mail, the lead card invites the recipient to mail off an enclosed reply for free information about, say, estate planning.

• The Issue: Older Americans who send back reply cards for free information about estate planning and other topics are being exposed to hard pitches from the insurance industry.

• The Background: The creation of the National Do Not Call Registry in 2003 gave force to a marketing technique: the lead card. By sending off replies requesting information, recipients waive their do-not-call rights.

• The Bottom Line: Many older people say they are then being pressured into buying annuities or living trusts. State regulations nationwide are taking legal action against lead-card companies.

But the cards fail to warn that by sending off replies, recipients are giving up their right to avoid telephone solicitations from the sender -- even if their phone numbers are on the Do Not Call list.

"It's a huge loophole," says Pam Dixon, executive director of the World Privacy Forum, a San Diego nonprofit researcher of privacy issues including commercial use of personal information.

The lead cards often falsely imply an affiliation with the federal government or with advocacy groups such as AARP, for instance. Many of the cards also fail to mention that replies will be turned over to insurance salespeople.

The Do Not Call law allows companies to bypass the registry and call people on the list if they have "provided express agreement in writing" to receive calls. But Eileen Harrington, deputy director of the FTC's Bureau of Consumer Protection, says the commission's view is that "you cannot use ruses" to get consumers to provide that agreement. Such mailers could be considered deceptive and violate the law, she says. Although the FTC has not yet gone after lead-card companies, she says the agency has some "nonpublic matters pending."

Attorneys general in Illinois, Pennsylvania and Texas have taken legal actions against a total of seven lead generators, charging them with falsely suggesting endorsements by the government or AARP. Regulators in about 20 states have opened fraud investigations into lead generators, according to a court filing by the Texas attorney general's office in one of the cases.

Tuesday, October 23, 2007

A Gentle Kick in the Butt for Caregivers

Suzanne Mintz, National Family Caregivers Association founder and president, has written a new book called, A Family Caregiver Speaks Up: It doesn't have to be this hard.

Here's what people are saying about it: Judy Woodruff, now with the Jim Lehrer News Hour says, "As the mother of a son with a disability, I only wish I'd read Suzanne's book before I brought him home from the hospital." Robin Francis, family caregiver, says "This book is like a good friend whose only aim is to make life better for you and your loved one. Somehow Suzanne gently kicks your butt into action for your own well being, as well as the person you are caring for." And psychologist Barry J. Jacobs says, "In this revised book, Suzanne Mintz displays the passionate resolve of the most tenaciously committed family caregivers combined with the eminent good sense of the most resourceful ones. She and her book embody the very qualities that she preaches to help loving caregivers better sustain themselves."

The book is full of advice and recommendations for how to make the day-to-day aspects of family caregiving easier, includes lessons from family caregivers across the country, a discussion of the need for health policy changes and step-by-step guides on issues from taxes to communicating with healthcare professionals.

We know many organizations are looking for gifts for their employees in celebration of National Family Caregivers Month this November. The publishers are offering companies an opportunity to purchase the book in bulk quantities at reduced rates off the regular price. With all orders over 2,000 books, companies can create a custom front and back cover.

The book can be purchased on NFCA's web site www.thefamilycaregiver.org or by calling NFCA Toll Free at 1-800-896-3650.

Monday, October 22, 2007

Gambling Becomes a Growing Problem for Older Americans













A bulletin arrived in my mail box compliments of American Care Managers, LLC/American Home Care, LLC calling attention to the growing problem of gambling and the serious financial problems it can have on older Americans.

" ...Many casinos cater to the senior population by offering cheap or free bus rides with complimentary meal tickets including $25 in chips as an incentive to coax them into coming to the casino on a more frequent basis. Casinos send exciting marketing pamphlets to senior centers, advertise in senior magazines, and send fliers or brochures directly to people’s homes.

"Seniors are ripe to develop a gambling problem, many times they are lonely, depressed, bored, have extra money, loss of mobility, and loss of job. Gambling becomes an option for the senor population enabling them to drown their problems in the casino. When there is no family member or caretaker to counter these problems as they develop or to stop them from putting their first chip into the slot machine, the chance that a senior person will develop a gambling problem more than doubles. "

"When seniors pick up gambling it becomes an expensive recreation activity. On average, NJ seniors 55 and above who enjoy gambling on a recreational basis spend on average $3,900 a year and $14,300 a year if they truly have a gambling problem, as stated in a Public Mind Poll developed by Fairleigh Dickenson University."

"In order for these problem gamblers to fund their expensive hobby many seniors take out second mortgages, run up credit cards debt, and deplete their retirement savings. Though unlike younger individuals, seniors do not have the time left in their lives to recoup or rebuild their losses. They typically spiral into a hole they can’t dig themselves out of and end up homeless or in a state facility. "

One way to help a senior person determine if they have a gambling problem is to have them take this online test at http://www.gamblinghelp.org/sections/seniors/index.html#.

Sunday, October 21, 2007

Group Forms to Advocate on Behalf of Assisted Living Residents

I've been traveling all week and have not had the opportunity to post any news of value to readers.

In an earlier post I mentioned the excellent web resource elderlawnews click here.

A recent bulleting from their newsletter reports that fifteen elder care, elder law, and senior advocacy groups have formed the Assisted Living Consumer Alliance (ALCA), a national non-profit organization advocating for stronger consumer protections for assisted living residents.

The ALCA website -- http://www.assistedlivingconsumers.org/ -- provides news and information for both consumers and professionals, including consumer advice and summaries of each state's assisted living rules.

The group is filling a large information gap...most consumers know little about it. Assisted living standards vary greatly from state to state and usually give a great deal of discretion to individual facilities. Too frequently, assisted living rules and policies are based on the facility's convenience rather than the residents' needs and preferences. Meanwhile, assisted living has received scant attention from the federal government.

For more ElderLawAnswers information on assisted living facilities, click here.

You can subscribe to their free newsletter that is a rich source of valuable news for caregivers as well as for eldercare professionals.