ECONOMIC CRIME DIVISION

The Economic Crime Division of the District Attorney's Office is devoted to prosecuting those who try to take advantage of the citizens of our community.

WHEN YOU HAVE A CONSUMER PROBLEM:

First contact the company management. Clearly explain your problem to them. Keep notes of the names of persons you talk to and what they tell you. Keep copies of all relevant letters, receipts, contracts, etc.

If after a reasonable amount of time you do not receive satisfaction, and if there has been no satisfactory explanation for not making an adjustment, then gather your facts together and seek help from the appropriate agency. The Better Business Bureau is able to negotiate and adjust many consumer problems. The Better Business Bureau telephone number is (719) 636-1155.

SHOULD YOU SEEK ASSISTANCE FROM THE DISTRICT ATTORNEY'S OFFICE?

No, there is no criminal violation:

• if the transaction does not fall under any of the outlined categories of Consumer Fraud,
• if there was no misrepresentation, or
• if you simply changed your mind about a transaction deciding you didn't get as good a deal as you thought you were getting.

Yes, there may be a criminal violation:

• if the transaction was misrepresented to you or
• if it falls under any of the specific categories outlined as Consumer Fraud.

PROVING YOUR COMPLAINT:

If you have a justifiable complaint, your chance of getting a satisfactory result depends partly upon your ability to help prove your case. You must be prepared to relate all the important facts concerning the transaction. Our office will ask you for copies of all contracts, advertisements, and all other written data, to prove who, when, what, where and how. You will need to provide that information as clearly as possible.

WHAT THE DISTRICT ATTORNEY'S ECONOMIC CRIME DIVISION CAN DO:

• Refer you to an appropriate law enforcement agency.
• Develop the facts of your case by investigation.
• File a civil injunctive action to force discontinuance of deceptive trade practices when appropriate. Your actual damages, occasioned by the deceptive trade practice, are added to the injunctive relief in the legal action we take. The District Attorney's Office attempts to recover restitution for victims of consumer fraud.
• Prosecute consumer fraud cases that constitute violations of the criminal law when appropriate.

1. ALWAYS REDUCE YOUR AGREEMENTS TO WRITING before payment. Each party's obligations and expectations are then clearly spelled out.
2. NEVER SIGN ANYTHING you don't understand. Once you sign a contract, you are normally bound to its terms, because it is the "best evidence" of the business transaction.
3. NEVER SIGN a credit or sales contract that doesn't have all the blanks filled in. Get a copy of the contract for your future reference at the time you sign.
4. GUARANTEES AND WARRANTIES should be in writing and signed. Oral promises are difficult to prove.
5. SERVICE OR FINANCE CHARGES must be clearly spelled out in the contract. This is known as the "FULL DISCLOSURE" requirement of the law.
6. BUY ONLY WHAT YOU CAN AFFORD. If you have a credit problem, contact a non-profit credit counseling service.
7. TAKE TIME! DON'T BE PRESSURED INTO BUYING. If a salesman is legitimate, the same deal will be available tomorrow after you have had an opportunity to think it over. Always compare price and reputation. Discuss the opportunity privately with a friend.
8. NEVER BUY anything from someone who shows up at your door uninvited. Avoid paying for anything "up front".
9. INVESTIGATE AND VERIFY THE COMPANY'S REPUTATION before entering any agreement with them. A source to begin this investigation is the Better Business Bureau. Check out the company with the Better Business Bureau.

The staff of the 4th Judicial District Attorney’s Office will conduct presentations on Identity Theft and/or Prevention of Fraud to groups or organization in the community. Presentations can be scheduled by calling the District Attorney’s Fraud Line at (719) 520-6002. The District Attorney is establishing a new program which is being organized in the Economic Crime Division. The program is called Communities Against Senior Exploitation (CASE) Partnership. The program is explained in the attachment.