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Close the Door on Pushy Salespeople

Countless consumers (myself included) have, at some point, felt that they let a sales pro "sweet talk" them into purchasing something that was either non-returnable or non-refundable.

That's because salespeople know how to chat you up. Flatter you. Ask you lots of questions, and spend time answering yours.

In a word, it's all about psychology. "People buy what they want, not what they need," says Richard Townsend, an independent corporate learning consultant.

Take the advertisement in which a man with a hangover takes an Alka-Seltzer and walks away looking refreshed and invigorated. What did he buy? More than the physical product, which provided him with relief from his discomfort, Townsend says. He bought the ability to feel good and get on with what he wanted to do. "A customer's inner wants are far more powerful motivators than their perceived needs," he adds.

Salespeople are trained to gauge where you are in the natural buying cycle, which has five phases: attention, interest, desire, conviction and action. "The problem is, unless manipulated through the cycle, the vast majority of people who get interested in a service or product will never buy," says Gill E. Wagner, president of Honest Selling, a consulting firm in St. Louis, Mo.

Although most salespeople work for legitimate businesses and offer legitimate products and services, thousands of scoundrels see you as their prey.

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Telemarketing or telephone fraud, for example, is one of the most pervasive forms of white-collar crimes in the United States, and costs Americans more than $40 billion per year, according to the Federal Trade Commission. The FBI estimates that there are 14,000 illegal telephone sales operations bilking consumers in the United States every day, and more than 24 million Americans experience more than 38 million fraud attempts per year, according research by the National Institute of Justice.

Top 10 Telemarketing Frauds
  1. Phony prizes that require you to pay first
  2. Fake sales or renewals of magazines that you never receive
  3. Phony promises of credit cards that require advance payment of fees
  4. Work-at-home kits sold with false promises of profit
  5. Empty promises of loans requiring advance payment of fees (see the trend?)
  6. Telephone slamming -- your long distance provider is switched without your knowledge or consent
  7. Unnecessary insurance for credit card loss protection, sold using scare tactics or misrepresentations
  8. Telephone cramming -- you're billed for optional services that you never ordered
  9. Unauthorized charges for memberships in buyers clubs that you didn't agree to join or didn't agree to renew after the initial trial offer
  10. Offers of free or discounted trips that never materialize
Source: National Consumers League, www.nclnet.org

Fortunately, there are some ways to resist high-pressure sales tactics, particularly those from scam artists:

1. End the conversation -- it isn't rude to hang up the phone or walk away

Salespeople are trained to be persistent. "As soon as you feel that you're resisting the salesperson, run like the wind -- you're being manipulated," Wagner says. There's nothing wrong with ending the conversation -- especially if you've said "No thanks" so many times that you're hoarse. Granted, your mom might not consider it polite to hang up the phone, but so what?

My cousin Ned likes to ask telemarketers if they are aware of the Telephone Consumer Protection Act, Public Law 102-243, which requires telemarketers to maintain a "do not call" list. He then politely informs the caller that he would like to be added to the company's "do not call" list before slamming down the phone (nonprofit organizations are exempt from this requirement, however).

Telemarketers are also required to provide the company's name, phone number and address upon request, should you wish to send a letter reiterating your desire to be put on a "do not call" list. If the company calls you after you have asked to be put on its "do not call list," you can up the ante by filing a lawsuit against the company in small claims court for monetary damages or $500 per violation, whichever is greater, according to the National Fraud Information Center.

2. Just because a salesperson asks a question doesn't mean you have to give an answer

A salesperson is likely to pepper you with questions, and it's human nature to answer questions. But the salesperson has an agenda: she is using questions as a way of convincing you that she is credible, and that her product information or "sales" claims are truthful, Townsend says. Another benefit: a salesperson can increase the chances of uncovering your real desires or wants.

And you might not even need to answer many questions for a salesperson to know how to push your buttons. Phone swindlers frequently have reams of data about you, including your age, income, health, hobbies, occupation, marital status and education, according to "Swindlers Are Calling," by the National Futures Association.

Be extremely cautious when giving out any financial information over the phone, even if you've decided to make a purchase. Is it absolutely necessary that the salesperson needs your credit card number or checking account number, or can the company send you a bill?

3. If it sounds too good to be true ... you know the rest

Congratulations! You've won a free vacation at an exotic location!

Funny how so many of these amazing offers come from companies you've never heard of, claiming you won a drawing that you never entered. What's the catch? To get your prize you have to attend a presentation, and taking that "free" trip requires you to pay for air fare, meals, transportation to and from the hotel (which could be a roach-infested dump) -- plus pay a slew of taxes and fees that the salesperson "forgot" to tell you about. Lucky you.

If it's a legitimate contest, prices are awarded by chance, and you don't have to pay a fee or buy anything to enter or increase your chances of winning, according to Tom Carter, an attorney with the FTC.

So don't waste your time at the two-hour sales presentation. Hang up the phone, or, if you received a postcard or letter in the mail, contact your postmaster or the U.S. Postal Inspection Service to report possible mail fraud.

4. If you're making the purchase with someone else, stick together

It's the old "divide and conquer" technique. Say you're adamantly opposed to buying a time share. Your arms are crossed, you're frowning and you keep glaring at your partner. She's smiling and chatting away with the saleswoman, who hasn't even glanced at you in the past 15 minutes. The saleswoman's goal: butter up the more receptive partner and win that person over, then leave the couple alone for a little while in hopes that the receptive partner's wishes will prevail.

5. Take as much time as you want to make a decision

Anything that's a one-time offer should make you suspicious. Salespeople are quick to give you a million reasons why you shouldn't pass up this opportunity, it's a once-in-a-lifetime chance to get this fabulous set of pots and pans at this low, low price. Yeah, right. Just tune 'em out. The No. 1 reason you shouldn't buy now is that you won't have a chance to do any research on the company or product.

Any reputable company will understand your interest in learning more about them and their product. It's always a good idea to check if there are complaints on file with the local Better Business Bureau or your state Attorney General's office, or speak to references. And don't be afraid to ask about government agencies that regulate the company or require the company to register with them -- if you can't find out this information, that's a red flag. "Swindlers don't want you to have a second opinion. Their reluctance or evasiveness could be your tip-off," according to "Swindlers Are Calling."

Swindlers often have a long list of reasons why they can't -- or won't -- provide you with written information or references, according to "Swindlers Are Calling." Among them: "there isn't time for that," "it's a brand-new offer and printed material isn't available yet," and "customer references would violate someone's privacy." Swindlers sometimes pay customers to serve as references and might be reluctant to answer your questions about the company.

6. Trust yourself -- not the salesperson

"Traditional sales is about winning a war -- the entire process is adversarial from start to finish," Wagner says. "The traditional salesperson will do anything and everything he can to manipulate you from interest to desire, through conviction and into action -- where you buy. Along the way, you'll begin to resist his tactics naturally and you'll raise objections, which he, in turn, will attempt to overcome."

And fraudulent sales callers have one thing in common: they are skilled liars and experts at verbal camouflage, according to "Swindlers Are Calling."

7. Be a smart shopper

Under the FTC's Cooling-Off Rule you have three business days to cancel purchases of $25 or more that you made at your home, workplace, or facilities rented on a short-term basis by the seller, such as a restaurant or hotel room (Saturday is considered a business day; Sundays and federal holidays aren't). There are some exceptions, so take a look at the FTC's online brochure, "How to Right a Wrong."

Here are some other tips for protecting yourself:

  • Pay for merchandise after you've received it -- not before.
  • Don't send money by messenger or overnight mail.
  • Get everything in writing and read the contract at home, when you're wide awake and thinking clearly. Fill in or cross out any blank spaces in the contract and talk to an attorney if you have concerns about what rights you might be forfeiting by signing the contract.

Just remember: an offer that sounds good today will look even better tomorrow.

-- Posted: Oct. 24, 2000

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