Posts Tagged consumers

Attorney General Brings Action Against AGT American Silver and Gold

The Texas Attorney General froze the assets of AGT American Silver and Gold March 1, and issued a temporary restraining order against the owners of the Austin-area company, which sells gold and silver bullion and coins.

Lora Maestre and Rick Maestre, also known as David Winston, among others, are named in the action for violating the Texas Deceptive Trade Practices – Consumer Protection Act for allegedly accepting payment for coins and bullion that the company never delivered.

Better Business Bureau began to investigate AGT American Silver and Gold last year, after it received complaints alleging some consumers paid thousands of dollars to the company for bullion and coins. Many of those consumers are still waiting for portions of their gold and silver orders.

The AG order cites many of the same concerns BBB found during its investigation.

The restraining order forbids the defendants from engaging in deceptive practices, including offering a “100 percent guarantee” and “full money back,” but failing to honor said claims, misrepresenting the amount of inventory the company had available, and failing to deliver gold and silver coins purchased by consumers.

In addition, the order prohibits the defendants from “accepting any orders for precious metal coins until further order of the court.”

Frank Chmielinski turned to BBB when AGT American Silver and Gold took approximately $100,000 for silver and gold coins, but only delivered approximately $30,000 worth of goods. he wanted to buy gold and silver bullion and coins to diversify his investment portfolio, and had dealt with AGT American Silver and Gold two years prior. At that time, he bought $5,000 worth of gold and silver coins and everything had gone smoothly.

“This is all his fault,” Chmielinski said about Richard Maestre, one of the defendants named in the AG suit. “I’m a customer; I sent him my money in good faith.”

Maestre apparently ran into financial difficulties leading up to the AG action March 1. In January, some consumers who had complained to BBB received a letter from American Silver and Gold, LLC explaining that when silver prices dropped to $27 per ounce from a high of $52 per ounce, the company started to have trouble securing inventory.

The letter also states the company does not have enough inventory to fulfill current orders.

“To accommodate the inventory backlog, we ask that you agree to a six (6) to nine (9) month delay in the shipment of your order,” the letter reads. It goes on to promise delivery of additional coins valued at 10 percent of each customer’s order, excluding bullion.

Though the letter went out to AGT American Silver and Gold customers, the company name on the letterhead was not AGT American Silver and Gold, but simply American Silver and Gold, LLC. BBB could not find any record of AGT American Silver and Gold registering the shortened name with the Texas Secretary of State or the Travis County Clerk, nor could it find a second company registered using the name American Silver and Gold, LLC.

Prior to the action, John Gleichauf, another AGT American Silver and Gold customer, worried that any publicity might derail a settlement he reached with the company last year.

He said he talked with a portfolio manager who worked for AGT American Silver and Gold and after sending the company more than $50,000 to buy gold and silver, he only got a handful of coins.

Maestre contacted him about the shortfall soon after Gleichauf complained.

“He stated that they were just really beside themselves because … this portfolio manager that I was dealing with was a crook, was an alcoholic and he was essentially destroying the business,” Gleichauf said.

Maestre agreed to refund Gleichauf’s money, but then did not follow through with the deal. Gleichauf got an attorney involved, and soon had an agreement for the gold and silver dealer to pay Gleichauf $8,000 a month. then Maestre said he could only pay $2,000 a month. then it went down to $200.

Gleichauf said that through January and February payments trickled in, most for a few hundred dollars each.

“I’m not sure how to evaluate all this, but he’s in arrears to the tune of 34 to 35 thousand dollars,” he said. of his original payment, Gleichauf said he estimates he has gotten approximately $22,000 back.

Gleichauf said he believes Maestre’s claims that his problems were caused by a rogue portfolio manager. Chmielinski, the customer who paid $100,000 to buy bullion and coins from AGT American Silver and Gold, believes otherwise.

“He claims he’s trying to reorganize it, and he claims this and he claims that. … I just don’t believe all his babble.” Chmielinski said. “I’m ready to retire … and this guy is affecting that.”

Consumers who want to buy gold and silver bullion and coins should consider the following tips from BBB:

· Do your research. before doing business with a gold and silver dealer, research the company thoroughly. Check the BBB Business Review at www.bbb.org, ask friends for references and check out any individual broker for government action.

· Do not believe inflated claims. Like any investment, gold and silver bullion and coin prices can be volatile. Avoid any company claiming such investments are a safe harbor and that downplays the risks involved.

· Buy from the source. The United States Mint sells bullion and coins to investors and collectors. Buy your gold and silver directly from the government.

· Do not count on appreciation. Many dealers sell gold and silver coins for an inflated price, promising the product will rise in value over time. Many consumers who buy those products lose money when gold and silver prices fall.

To check the reliability of a company and find trustworthy businesses, visit bbb.org.

About Better Business Bureau:BBB’s mission is to be the leader in advancing marketplace trust. BBB accomplishes this mission by creating a community of trustworthy businesses, setting standards for marketplace trust, encouraging and supporting best practices, celebrating marketplace role models and denouncing substandard marketplace behavior.

Businesses that earn BBB Accreditation contractually agree and adhere to the organization’s high standards of ethical business behavior. BBB is the preeminent resource to turn to for objective, unbiased information on businesses and charities.

Contact BBB serving Central, Coastal, Southwest Texas and the Permian Basin at (512) 445-4748.

 

Attorney General Brings Action Against AGT American Silver and Gold

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Need for cash spurs golden opportunity

The Atlanta Journal-Constitution

As a 12-year-old growing up in Atlanta, Scott Garber started dealing baseball cards. As a teenager, he moved to Beanie Babies, building what he said became an $8 million business around the plush collectibles. Now, he runs a growing chain of gold-buying stores.

It may seem the 31-year-old is making a career of chasing fads, but Garber said gold is the business that will stick. He said his operation, fueled by soaring gold prices and consumers’ need for quick cash, has already grown from one with $23 million in revenue for 2009, its first full year, to one with $248 million in 2011.

Garber’s businesses have more than good timing in common. In each case, he built a company by buying from customers, not selling to them. and as long as people inherit items they do not want, and find broken pieces in their jewelry boxes, it doesn’t matter if the economy improves or if the price of gold drops, he said.

“we don’t feel there’s really a bubble to burst here,” said Garber, whose GoldMax chain is co-headquartered in Atlanta and Chicago. “This is where we’ll stay. There’s a long-term need for our service.”

When Garber and three friends started the business, gold sold for just shy of $700 an ounce, he said. since then, the price has risen to more than $1,700 an ounce. Garber is hardly the only entrepreneur to take note: Stores that want shoppers to know that WE BUY GOLD have sprouted across the region.

Before the recession, gold-buying was often a mail-in business. Rising gold prices and the lingering effects of the recession and housing bust created a target market of people who need cash, and empty storefronts to lease at favorable terms. Retail stores mushroomed.

Some use costumed people who spin signs on street corners to bring in customers; others have flashing signs at their doors or hawk their services in ads.

Buying, though, is only half the business. The other half is selling to a refinery, which will melt gold down for bullion or for use in other products.

At Gold & Coin Exchange in Marietta, the average customer gets 65 percent of the worth of their gold. The one-shop store sells gold scrap to a refinery for 98.5 percent of the spot price of the gold, minus fees of a couple hundred dollars. Some stores will resell unique items to collectors and dealers for more than they could get from a refinery.

Robert Oberth, who has run Gold & Coin Exchange with his brother-in-law since 2006, thinks the price of gold is suppressed worldwide — he expects it to keep rising. but he noted as the price of gold rose over the years, so did the price of milk and bread. Rising prices over a long period don’t necessarily mean the precious metal is worth more, just that it has held its value through inflation.

Oberth, who started his store as a rare coin exchange, said he, too, plans to be in business for the long haul. He doesn’t expect that to be the case for everyone.

“I think they’ll move on to the next big whatever-happens,” he said of his competitors. “most of those places have already gone under, or popped up under a new name.”

Garber’s business was called Southeast Gold Buyers before it was renamed GoldMax late last year to keep a consistent national name as the company grew. GoldMax has 185 stores in eight states, including 65 in Georgia, and plans to add 58 more and expand into three new states in the next three months.

Garber thinks the industry can support more than 700 of his stores in the next five years. if the price of gold were to drop, he said, it would decrease demand, but also drive competitors out of business.

Before the explosion of gold-buying stores, people went to pawn shops and jewelers to trade unwanted gold for money. Both the World Gold Council and the Better Business Bureau still recommend going to a trusted jeweler, but metro Atlanta Better Business Bureau spokeswoman Dottie Callina said complaints against gold-buying businesses are not high relative to the number of establishments.

Most complaints, she said, stem from advertising that promises the best price. Some customers are disappointed with their offers, which at GoldMax can range from 60 percent to 95 percent of the actual worth of the gold. The offer price depends on the karat and the amount of processing work necessary.

Robin Clements left Gold & Coin Exchange Monday with $911 for a gold chain, some pendants and an inherited class ring. she was thrilled with her haul, which she said she would use to buy new catcher’s equipment for her son. her husband has been out of work for some time, Clements said, and selling old jewelry allowed her to buy Christmas presents and keep her son playing travel baseball.

It was the third time Clements had sold jewelry at the store. she got 67 percent of the worth of the gold on the day she sold it.

“I wouldn’t be able to get my kid these things without that money,” Clements said.

Lee Zell, though, left the store without selling his collection of 63 Mercury dimes. The silver dimes are worth about $2.45 apiece melted down, Oberth said. Zell, who has been unemployed for 21 months, said he needed the money to pay for health and car insurance. but he refused an offer of $135 for the collection, or about $2.14 per coin. He said he thinks he could get more elsewhere.

Gold-buying businesses are required to hold items before reselling them or sending them to be melted, so if an item is reported stolen, it can be recovered. Customers may also be fingerprinted, depending on the requirements of the city or county a store is in. The difference between what customers are offered and what gold is worth help insulate businesses against a price drop during their holding period.

David Schraeder, a spokesman with the World Gold Council, said the U.S. is late to a gold-buying trend that is more highly developed in other parts of the world. He suggested gold-sellers get at least three offers before parting with their items — and cautioned against selling gold in order to go out to dinner or buy clothes.

That’s because gold is a good way to store value, said Ed Hyland, a global investment specialist with J.P. Morgan Private Bank in Atlanta. Consuming it eliminates its future worth.

Hyland said the supply and demand curve for gold remains intact. Adrian Cronje, chief investment officer of the investment advisory firm Balentine, said for now, he recommends clients hold onto gold in their investment portfolios. but when interest rates rise, he added, there will be better ways to invest.

Still, he said it is best to be cautious.

“for now, it’s not yet in a bubble,” he said. “It’s a very good candidate to become a bubble at some point.”

Garber, who has an undergraduate degree from Georgia State University and dropped out of an MBA program at the University of Chicago to run GoldMax said he is comfortable with the level of risk. While he expects the gold business to grow, he also has diversified into buying currency, diamonds, watches and silver.

The chain’s strip-mall stores are spare, with cardboard cutouts of national spokesman Robin Leach, a waiting area with a flat-screen TV playing G-rated movies and a wooden, rug-covered floor. There are framed posters of gold on the walls. Customers are buzzed in at the front door, then ushered to a long table covered with a GoldMax banner and set with a scale and desk lamp used to weigh and inspect items.

Haley Norris, who works at a GoldMax store in Marietta, said most customers are happy with their offers and have plans for the money.

“good or bad economy,” Garber said, “there’s always going to be a need for people to sell.”

Need for cash spurs golden opportunity

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BBB warns: Don’t rush to sell your gold – Your Houston News: Atascocita News

Thinking about selling or buying gold, silver or platinumjewelry, coins and other items made of precious metals?

The Better Business Bureau in Southeast Texas warns that someconsumers have become victims of deceptive practices that have costthem money, resulting in emotional distress.

With the price of gold and other precious metals at an all-timehigh, consumers are being drawn to offers to sell their old jewelryand silverware for cash. there are reputable, trustworthy companiesthat follow ethical marketplace practices when engaging in preciousmetal transactions, but there are also companies that use tacticsconsumers should know and avoid.

Before you buy or sell, make sure you do your research. there isan enormous amount of information available both online and inprint regarding selling and buying precious metals. When reviewinginformation, check out the source by taking the time to researchwho is providing the information. Is the business Accredited withthe Better Business Bureau? see if there are complaints on thecompany. how many years have they been in business? Does thebusiness meet the licensing and registration requirements in yourcommunity or state?

It is wise to get more than one appraisal. do not feel pressuredto rush into a transaction. Legitimate businesses will want you totake the time to check them out and carefully consider the pros andcons of buying and selling precious metals. before selling, keep inmind that the price you are being offered may not be equal to thevalue you put on your possession. If it is an heirloom orsentimental piece, once it is sold, it is gone and you may findlater that it was worth more than you were paid for it. Considerdoing business with a local company who has an establishedreputation rather than an out of state company with no ties to yourcommunity.

Don’t let your jewelry of different karat value be weighedtogether. Separate your jewelry by karat value before selling andbe wary of dealers who weigh all jewelry together and pay you thelowest karat value.

Ask the buyer what the melt value of items you are selling is soyou can make an informed decision. Many buyers are willing to dothis for their customers. Don’t be misled by measurements/weights.You may be quoted a price related to grams or pennyweights and itmay appear to be a good deal because the goldweight seems largerwhen you are actually being offered a lower price. make sure thescale being used to weigh your items is appropriately licensed ifrequired by government agencies.

Always get a detailed, signed receipt for your transaction fromthe buyer of seller. This is essential if you later believe youwere misled or determine the dealer may be operating fraudulently.Documentation is your proof if you want to file a complaint and canbe useful for tax purposes as well.

How much are you really paying or receiving for melt value ofthe coin(s) or jewelry? The value of common gold and silver bullioncoins is mainly determined by their precious metals content. Whatis the intrinsic value of the coin if it was melted or sold? Theprice of gold and silver may fluctuate dramatically. however, whendealing with middlemen, you take the risk of receiving less moneyfor your precious metal items.

For additional information regarding new Texas requirementseffective January 1, 2012, click on the links below. You will finddetailed information and will be able to see if the precious metaldealer you are considering doing business with is registered.

http://www.occc.state.tx.us/pages/industry/CPMD/cpmdindex.html

https://records.txdps.state.tx.us/PreciousMetals/Reports/ActiveDealers.aspx

The BBB provides reports on both accredited and non-accreditedbusinesses. Check BBB Business Review Reports at www.bbb.org. Formore information, call 409-835-5348 or 855-BBB-SETX or e-mailinfo@bbbsetexas.org.

BBB warns: Don’t rush to sell your gold – Your Houston News: Atascocita News

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Selling Gold Jewellery — Ways to get the most effective Selling price Any time Marketing Gold Jewelry « hbyl.com

January 11, 2012

Advertising precious metal necklaces can prove to be a challenging, cumbersome activity. Rare metal can be a beneficial and most likely beneficial commodity, and for that reason the risk of being tricked you aren’t receiving the very best cost regarding platinum can be high. Shady consumers usually try and purchase parts beneath cost, as well as bully retailers into accepting a lower price for his or her products.Buy and sell gold jewelry

This really is disrespectful, otherwise downright rude or obnoxious along with offensive, for the owner. that is why, resale retailers and also other retailers in which sell precious metal diamond jewelry in public places market segments typically show to be untrustworthy and also not fair. For top level selling price, you can find superior, less hazardous selections for marketing diamond jewelry. the most effective choice with regard to advertising necklaces is usually to go surfing in order to find any precious metal shopper.

On the web, you can find products and services focused entirely to buying precious metal, among others that can accept additional necklaces also, for instance expensive diamonds or silver precious metal. on line to promote precious metal jewelry, spot not becomes an impediment to finding the top price with regard to high priced items. Selling jewelry on the internet places the bonus at the disposal of the property owner, not necessarily the consumer.

Obtaining a Reasonable cost on the internet

On the internet precious metal buyers identify the significance of reasonably competitive rates, all of which will frequently get silver over marketplace fee. they will understand that they may not be the one customers around town, and also act in response by simply modifying his or her rates reasonably and also immediately in line with the proceeding fee pertaining to platinum.

From the privacy in the World wide web, retailers do not need to be worried about discrimination determined by look, era, or gender. Staying cheated not will become a challenge on the web, wherever selling is an autonomous method. on the net jewellery customers recognize that selling real estate includes a want to offer you, and never take care of their customers just like they actually these individuals the following favor by purchasing their own platinum. by advertising gold jewelry on the net, retailers could make money without even requiring you to set off.

The risk of obtaining rare metal jewellery compromised in order to the sketchy pawnshop around the part is finished on account of the booming on the net platinum obtaining market. Pawn outlets along with other precious metal gobbling bullies undoubtedly are a subject put to rest with thanks to the opportunities exposed by simply promoting silver bracelets on the web.

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Selling Gold Jewellery — Ways to get the most effective Selling price Any time Marketing Gold Jewelry « hbyl.com

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Pawn Shops Broke Golden Rules: DCA

Sweep Busts ‘Deceptive’ Brokers

Department of Consumer Affairs (DCA) Commissioner Jonathan Mintz announced that undercover investigations revealed deceptive weighing practices and widely variable pricing valuations of the same pieces of gold.

The agency also exposed widespread predatory practices that included not separating gold pieces when weighing, not testing for accurate karat quality and undervaluing of gold. Using three pieces of gold jewelry that were independently appraised at $590, undercover inspections resulted in offers that ranged from $175 to $450.

In addition, the businesses’ daily rate of gold was often not disclosed and close to 70 percent of the time all three pieces were not separated by karat when weighed.

After conducting more than 450 inspections and close to two dozen undercover inspections and issuing violations to 74 percent of gold buyers inspected, DCA found a 26 percent compliance rate.

Violations included failing to keep accurate records, false advertising, and missing signage, which is required by law.

The DCA has also issued subpoenas to entities advertising “cash for gold parties” to review their records for compliance.

“With the strong price of gold, the gold buying industry is booming, and yet our inspections reveal that selling your gold can be a risky proposition for consumers,” said Mintz. “Our undercover inspections exposed wide price valuation and deceptive valuation practices and so in addition to the new regulations the department is putting forward today, we strongly urge consumers to always shop around to get a fair price for their gold.”

The DCA’s undercover inspec-

-SEE GOLD ON PG. 63- tions found a range of prices, from $175 to $450, for the same pieces of jewelry which were independently appraised at $590. though undervaluing property is not illegal, the wide discrepancy underscored the need for greater transparency in sales practices as well as the value in comparison shopping.

To help consumers make more informed decisions when selling their gold, the DCA released a package of new regulations designed to increase transparency and fairness.

The new rules for gold buyers require disclosing the basis on which they price each item including the troy weight of the consumer’s items for sale; the purity (karat) of each item offered for sale; and the price per unit weight to compute the purchase price.

The new rules would also mandate that the gold buyer: weigh each prospective item for sale in full view of the consumer; advise the consumer of the total amount offered for each piece and the total amount offered for the aggregate number of pieces if more than one; and provide a written receipt to the consumer after the purchase which includes a specific description of each item purchased and the date, license number, address, and name of employee.

Although not all are gold buyers, DCA currently licenses more than 4,800 secondhand dealers and close to 400 pawnbrokers.

Consumers can instantly check if a secondhand dealer or pawnbroker is licensed or file an official jewelry appraisal complaint online at nyc.gov/consumers or by calling 311. Consumers can also send enforcement tips by tweeting @NYCDCA or posting to DCA’s Facebook page.

Tips for selling gold

 Only sell to a licensed secondhand dealer. Businesses buying and selling gold in New York City must be licensed as a secondhand dealer and sometimes also as a pawnbroker. Check if the location buying your gold is licensed by calling 311 or visiting nyc.gov/consumers.

 Shop around. be wary of stores that advertise that they offer the “highest” price. Instead, visit several buyers to get the best price possible because the offers you receive will vary greatly. Don’t be afraid to negotiate.

 The buyer has to tell you the weight (measured in Troy weight) and the quality (measured in karats) of the gold and the price per unit that’s used to determine how much you’re being offered. if you ask for this information and they won’t give it, walk away.

 Information is power. Research the price of gold before you go. The value of gold can fluctuate from day to day. Buyers don’t have to offer you the market value of the gold but knowing it will help you negotiate a better price and know whether the buyers are being truthful.

 Request that your items are weighed separately on a scale in front of you. Although it’s not required, ask that they give you a written estimate and receipt.

 Make sure when you visit a gold buyer that the scale they are using has a DCA seal. Scales must be inspected by DCA to ensure they are accurate so you get the right price.

 Bring your ID. Gold buyers are required by law to check your ID. Don’t sell to a buyer who doesn’t ask for ID.

 a gold buyer must hold your items for 15 days before re-selling it.

 be wary of “cash for gold” parties. Don’t be lured by invitations to attend or host a party. if you’re looking to sell your gold, go to a licensed dealer and make sure they are providing you with the information you need to get the best price. think twice before you go to a stranger’s home with your valuables and a lot of cash trading hands. if you are thinking about hosting a party, know that you need a license to sell second hand goods.

 File a complaint if you feel you’ve been taken advantage of while selling gold. Call 311 or visit nyc.gov/consumers to file a complaint.

Pawn Shops Broke Golden Rules: DCA

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