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Facts for Consumers from
the Federal Trade Commission Leveraged Investments of Precious
Metals -- March 1994
How
the scam Works Losing
Your Money What
to do if You Feel Victimized More
Information
Every year consumers lose billions of
dollars to fraudulent telemarketing investments. Under one scheme,
telemarketing companies may use high-pressure sales tactics to
persuade consumers to make leveraged investments in precious metals,
such as silver, gold and platinum. The companies may falsely claim
such investments carry low risk and can be expected to generate high
profits. However, the price of precious metals is volatile and an
investment in these commodities is speculative and risky.
And by leveraging, borrowing money to
make the investment, the degree of risk is magnified. During recent
years, many consumers who have invested in these programs have lost
a high percentage of their investments.
Before you agree to make a leveraged
purchase of precious metals, read this brochure.
How the Scams Works
A salesperson may call urging you
to invest in precious metals. The caller may predict that the market
price of metals is about to skyrocket during the next few days or
weeks and that if you don't act now, your investment opportunity may
be lost. Claims may be made that your investment can be expected to
generate substantial profits, with little risk, in as little as six
months.
The salesperson may explain that, under
their investment plan, you are to pay a portion of the cost of the
metal in cash, often 20 percent, and a financial institution will
loan you the balance. The financial institution will arrange for
your metal to be held as collateral for the loan.
During the sales pitch, you also may be
given information about program fees and commissions. But, in fact,
FTC cases against such telemarketers suggest that many of the fees
and commissions charged were misrepresented or concealed and that
fees ate up the majority of the money that the consumers actually
paid into the program. In addition, consumers often do not receive
written account statements that completely disclose program fees.
Besides potentially losing your initial
cash outlay to commissions and fees, a highly leveraged investment
increases the risk of an equity call. An equity call occurs when
changes in the price of the metals or program fees causes the value
of your investment to fall to where the financing company considers
your metal insufficient collateral to secure the loan. Upon
receiving an equity call, you must decide whether to put more money
into the investment or have the financing company sell the metal in
order to pay off the loan. Either way, you are likely to lose some
or all of your investment.
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How to Avoid Losing Your
Money
Consider the following
precautions if you receive an investment solicitation.
- Be skeptical about any unsolicited
phone calls about investments. You may be on a list that contains
the names, addresses, phone numbers, and descriptions of people
who have responded before to telephone solicitations regarding
questionable schemes.
- Avoid high-pressure sales tactics.
Sales presentations that urge you to buy now or you'll lose your
investment opportunity are clues to a possible fraud. If you feel
pressured, simply hang up the phone.
- Ask the caller to send you information
about the company and its operation and verify the data. Check out
the company's offer with someone whose financial advice you trust.
- Contact the consumer protection
agency, Attorney General, and Better Business Bureau in your state
and in the state where the company is located to learn if they
know of any consumer complaints against the firm.
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What to Do If You Feel
Victimized
If you believe you are
a victim of a fraudulent precious metals investment, first contact
the company and try to get your money back. Write a complaint letter
to the company that sold you the metal and to the company that
financed the transaction. If possible, direct your complaint
personally to the highest ranking officials in the company. Also,
report your problem to your local consumer protection agency, state
Attorney General, and the Better Business Bureau.
In addition, you may wish to contact the
National Fraud Information Center (NFIC), Consumer Assistance
Hotline at 1-800-876-7060, 9 a.m. - 5:30 p.m. EST, Monday - Friday,
to report the company. The NFIC is a private, non-profit
organization that operates a hotline to provide services and
assistance in filing complaints.
You also may file a complaint with the
FTC by writing to: Correspondence Branch, Federal Trade Commission,
Washington, D.C. 20580. Although the FTC generally does not
intervene in individual disputes, the information you provide may
help to indicate a pattern of possible law violations requiring
action by the Commission.
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Where to Go For More
Information
The FTC has a series
of Facts for Consumers that explain fraudulent sales practices and
precautions you can take to avoid becoming a victim. Titles include:
Art Fraud, Canadian Gemstone Scams, Dirt-Pile Scams: Mining for
Gold, Gemstone Investing, Investing in Rare Coins, Investing in
Wireless Cable TV, Swindlers Are Calling Telephone Investment Fraud.
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Leveraged
Investments of Precious Metals has been reprinted without permission
of The Federal Trade Commission. Please be sure to visit their site.
You can find a link to The Federal Trade Commission and many other
links about gold and bullion coins on our Links page.
To obtain a free copy, of Leveraged
Investme.nts of Precious Metals contact: Public Reference, Federal
Trade Commission, Washington, D.C. 20580; (202) 326-2222. TDD (202)
326-2502
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