Ever feel like you're alone out there, fighting the good fight against scammers, identity thieves and other scoundrels?
Ever feel like you could use a hand? Someone to watch your back? Assistance from some righteous authority benevolent enough to put you on somewhat equal footing?
That authority does exist, and it's - surprise - the General Assembly. From small but meaningful moves like licensing home inspectors to home-and-hearth-saving actions like banning ground rent ejectment, our legislators passed a number of laws last session that will help the little guy hang onto his hard-earned money, personal property, financial identity and sani- ty.
"Out of all of them, though, there were really three that were major victories this year for all consumers," said Stephen D. Hannan, an administrator in the Howard County Office of Consumer Affairs who also sits on the board of the Maryland Consumer Rights Coalition. "They give consumers a little bit more control and power."
Here are the three new consumer laws that matter most:
Consumers can now put a freeze on their credit reports by sending a certified letter to the three credit agencies. This will block potential creditors from getting access to your financial history and credit score.
Why is this better than a fraud alert, which has always been available to consumers?
According to the San Diego-based Privacy Rights Clearinghouse, a security freeze is stronger because "it prevents anyone from accessing your credit file until and unless you authorize the credit bureaus to release your report." Freezes do not affect existing accounts, so monitoring your credit report for identity theft is still advised.
Although a credit freeze will also slow down your ability to apply for instant credit - think department store cards - you can temporarily lift a freeze through use of a secure password that the credit agencies will send you.
It will cost $5 a pop to freeze your report at each of the three credit agencies. It will also cost you some money to lift the freeze temporarily.
This law was proposed but failed to pass in previous years. It succeeded this year after a number of high-profile businesses and institutions disclosed massive security data breaches that compromised the personal information of millions. They included the Johns Hopkins University, the Veterans Affairs Department and TJX Cos., which owns T.J. Maxx, Marshalls and other chain stores.
"Identity theft is one of the fastest-growing crimes out there," Hannan said. "It's a crime where the consumer is not only the victim, but also the person who has to fix the problem. ... I think consumers are going to decide that this type of information is best kept to their credit reports and not sold to anybody who wants it."
Security breaches
The second, a natural extension of the first, requires businesses to notify consumers of security data breaches if an investigation has been conducted and it has been determined that the breach will result or likely result in misuse of the personal information that was lost.
Such breaches can often make vulnerable important personal information like Social Security numbers, financial accounts or driver's license numbers. By informing people that their personal data are at risk, it allows consumers to properly react to possible misuse.
The idea is that once you're armed with the knowledge that important personal data have been compromised, you can change or close compromised account numbers before someone gets happy on your dime. Best yet, you can pull a double security whammy by employing that new security freeze tool.
California, in 2003, became the first state to require notice of security breaches. Since then, more than 30 states have followed suit.
Car warranties
Car manufacturers must now notify owners whenever an adjustment is made to a car warranty. For decades, automakers have issued secret warranties that allow free repairs for design defects, but only awarded them to certain consumers - those often being their best clients or ones who complained loudest.
The outrageous practice was completely random, Hannan said, in that "some people paid to have those repairs done and some people didn't."
Starting in October, auto manufacturers will have to send owners a written notice by first-class mail within 90 days of determining that a repair for a defect is covered under a new adjustment program.
If for some reason you shell out bucks to repair a defect, then find out it was actually covered by the automaker, the law allows you to make a claim for reimbursement up to two years after you made the payment or one year after the date that the manufacturer notified you of the adjustment (whichever is later).
"It's great - you get the same benefit that everybody else got," Hannan said.
Hannan called those the three major consumer victories from the session, but I'm awfully fond of the home inspector licensing law, too.
The program was actually mandated six years ago, but was never implemented because of lack of funding. Starting in January, prospective buyers can have confidence that they are hiring a technical expert who can spot all the material defects in a structure that they want to call home.
"Up until this point, if you went looking for a home inspector, you looked to see if they were a member of a national association," Hannan said. "There wasn't any licensing in Maryland."
It's amazing that went on for so long, considering that for many of us, the home inspection determines whether or not we'll make likely the most expensive purchase of our lives.
Under the new law, home inspectors must be licensed in Maryland by 2008. They also must have 48 hours of an on-site training course approved by the commission, a high school diploma and general liability insurance of at least $50,000.
And if the person you're hiring isn't the expert they hold themselves out to be, you'll have a quasi-judicial body to complain to that can hand out proper punishment to violators.
I am forever griping about inadequate consumer laws that leave buyers exposed and susceptible. It's nice to say you've got some power for a change.
Here's looking forward to the new year with Annapolis on our side.
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