Miller and FTC Announce "Operation False Alarm"
States
and Feds Crack Down on Deceptive Fund-raising for Fire Fighter and Law
Enforcement Associations.
Washington,
D.C.--
Iowa Attorney General Tom Miller spoke for fifty states taking action
along with the Federal Trade Commission Wednesday to crack down on alleged
deceptive fund-raising tactics used by professional fund-raisers purportedly
acting on behalf of law enforcement associations, fire fighters, and
other public safety groups.
The
officials unveiled "Operation False Alarm" at FTC headquarters in Washington.
Miller
announced that his office is taking legal enforcement action against
two "badge- related" fund-raising campaigns that are very active in
Iowa. He said the message to professional fund-raisers or groups that
misrepresent their appeals is, "States will take action if you use deception
to cheat donors."
At
least twenty other states launched new enforcement actions Wednesday,
Miller said. The FTC announced it also was taking action in several
cases.
Both
Miller and Jodie Bernstein, Director of the FTC's Bureau of Consumer
Protection, emphasized that consumers need to be on guard against "badge-related"
fund-raising scams that rely on the good name of public safety officers.
"Donor
Beware. That's got to be the watch-word for consumers," Miller said.
He said consumers need to remember that fund-raising appeals using the
words "police" or "fire fighters" or "state troopers" or "sheriffs"
do not necessarily mean that local law enforcement officers or fire
fighters will benefit from donations.
Miller
said attorneys general and other officials from at least 46 states were
launching consumer public education efforts as part of "Operation False
Alarm."
He
said the joint state/federal operation combines enforcement with public
education in order to reduce the profitability of "badge-related" schemes
and open the door for legitimate fund-raising in support of public safety
organizations.
"Each
year, generous consumers in Iowa unwittingly give hundreds of thousands
of dollars to telephone solicitors who indicate the donations will support
local public safety organizations, but most of that money never reaches
the causes people think they are supporting," Miller said.
"Fire
fighters and law enforcement officers risk their lives every day to
make our communities safer," he said. "That's why generous people want
to respond when they hear an appeal mentioning public safety. But that
also makes people vulnerable to deceptive solicitations. People need
to be very careful when they give."
Top
Tips for Safe Giving
Miller
listed several tips people should remember if they receive a "badge-related"
fund- raising appeal:
- Ask if the
caller is part of a paid, professional fund-raiser operation. If
so, chances are the fund-raising company gets the lion's share of
the money -- sometimes more than 90 per cent of the donated funds.
- Ask exactly
what percentage of your donation will go to local law enforcement
groups. In most cases, only a small percentage goes to the organization,
and even that money may not go to public safety organizations in
your own community.
- Call your
local fire fighters, police or troopers and ask if they support
the appeal.
"Don't stop giving,"
Miller said. "Just be a careful giver. Donor beware."
Miller
said additional tips and brochures are available by writing to the Consumer
Protection Division, Attorney General's Office, Des Moines, Iowa 50319,
or calling 515-281-5926.
Iowa
Enforcement Actions
Miller
announced two enforcement actions naming professional fund-raising companies
active in Iowa. He said The Gehl Group, based in Ft. Lauderdale, Florida,
and First Americo, Inc., with offices in Kansas City and Des Moines,
have agreed to enter into similar formal consent judgments and permanent
injunctions to be filed in Polk County District Court in Des Moines.
The
Gehl Group uses telemarketing to solicit donations for the Iowa Professional
Fire Fighters Association (IPFF). First Americo, Inc., runs telephone
solicitation campaigns on behalf of the Iowa State Troopers Association
and Iowa Special Olympics.
Miller
said his office alleged that the Gehl Group and First Americo both engaged
in unfair business practices and misrepresentations, and that they failed
to accurately state the percentage or amount of donations that would
go to the IPFF, State Troopers Association and Iowa Special Olympics.
Gehl and First Americo denied the allegations, but agreed to terms of
the consent judgment:
- Gehl Group
and First Americo each will pay $50,000 to the State of Iowa --
$40,000 each for consumer education and litigation, and $10,000
each to the State to be used to support the "National Tape Library"
in San Diego, California. Miller's office was instrumental in devising
and creating the tape library, through which law enforcement agencies
nationwide share undercover tapes made of questionable telemarketing
solicitations.
- Gehl and
First Americo telemarketers will disclose at the beginning of any
solicitation that they are working for professional, paid, for-profit
fund-raiser companies.
- Gehl and
First Americo will not misrepresent the percentage or amount of
proceeds to be received by an organization for which they are soliciting.
- Gehl and
First Americo solicitors will not misrepresent that they are employed
by the organizations for which funds are being solicited.
- Gehl and
First Americo will not misrepresent to a person they call that he
or she has previously made a donation or purchased tickets, if that
is not true.
- Gehl and
First Americo will not bill persons or businesses for tickets or
donations they did not agree to.
"These terms should
resolve our problems with alleged deception," Miller said, "but consumers
still will have to use their good judgment about where to make donations."
Miller
said the IPFF, ISTA and Iowa Special Olympics are not named as a defendants
in the legal actions, but the terms of the settlements apply to them
as long as Gehl and First Americo are their fund-raisers.
"Our
enforcement actions and our public education work have multiple goals,"
Miller said. "We are dedicated to protecting consumers, dedicated to
protecting the good name of law enforcement agencies and fire fighters,
and dedicated to protecting the integrity of charitable giving in Iowa."