Following is information about consumer rights under state and federal laws.
Under federal law, an individual is entitled to one free credit report each year from Experian, TransUnion or Equifax. However, free weekly online credit reports are now available from each of the three consumer credit reporting companies.
You must provide your full name, social security number, date of birth and mailing address. You may be offered optional items, such as getting your credit score. These are not free. You do not have to buy anything to get your free report.
North Dakota’s Lemon Law (contained in N.D.C.C. Chapter 51-07) applies only to new cars. It does not apply to any other motorized vehicle or to used cars.
Before a new car can be declared a “lemon,” there are specific procedures that must be followed. Check your owner’s manual for more information or contact an attorney in private practice.
By law, you have three business days to cancel a purchase over $25 that was made away from a permanent place of business, such as over the phone, at a trade show or home party, or from a door-to-door salesperson. The seller must give you both a written and verbal notice of this right.
Except for transactions involving food products, all door-to-door sales people must have a Transient Merchant license issued by the Office of Attorney General and a photo ID card. They also may be required to have a second license, issued by the local city.
“Universal” prepaid gift cards (for example, those with a Visa or MasterCard logo) are the most frequently purchased type of gift card because they can be used anywhere major credit cards are accepted. North Dakota’s gift card law does not apply to these cards. If the gift card is not used within the time specified by the card issuer, service charges may be deducted from the card’s value or the card may expire and the unused balance forfeited.
While many charities use your money wisely, others may not deserve your generosity. When solicitors contact you, always ask if you are speaking with a volunteer or a professional fundraiser. If you are talking with a paid professional fundraiser, find out how much of your money the fundraiser keeps and what the charity will receive. Even if the charity sounds worthwhile, you should request written information. Legitimate organizations should respect your right to be an informed donor.
Several “watchdog” organizations track charities, providing information about how much money each charity spends on fundraising and administrative costs compared to instead of actual charitable activities, including;
You may wish to consider making donations directly to reputable charities in your own community.
By law, a retail store can set its own return policy, which may include a cash refund, store credit, an exchange, or no refund at all. Some retailers have different return policies for seasonal and sale items or for online purchases, including charging a restocking fee.
By law, a debt collector cannot threaten to have you arrested or take your property (unless it can be done legally), use obscene language, pretend they are a government representative or attorney, or use a false name. A debt collector can contact you by letter or phone, but cannot call you before 8:00 am or after 9:00 pm. You can tell the debt collector not to call you at work.
The Office of Attorney General cannot take a complaint about a debt collector. To file a complaint, contact the federal Consumer Financial Protection Bureau at www.consumerfinance.gov.
If you are overwhelmed by debt, you may wish to contact a reputable credit counseling or debt management agency for help. Credit counselors have professional training in money management and provide financial counseling and support. The services are usually provided free or at low cost to individuals seeking help.
By law, a credit counseling service providing services to a ND resident must have a surety bond on file with the Office of Attorney General. Call Consumer Protection at (701) 328-3404 to make sure the company is bonded before you give them any money.
If you are sent merchandise that you did not order, you have a legal right to consider it a free gift. If you receive a bill for the unordered merchandise, simply send a letter to the company that you did not order the item and therefore you have a legal right to keep it as a free gift. If the unordered merchandise was the result of an honest shipping error, give the seller a chance to arrange to have the item returned at no cost to you.