At-Home Shopping Rights

This story printed from

located at InsiderReports.com

Monday, February 14, 2000

At-Home Shopping Rights

by Peter Graham

BEFORE YOU ORDER

Before ordering, it will pay you to know your legal rights and to follow these simple precautions:

Deal only with reliable firms. In doubt? Check with your local consumer protection agency or the Better Business Bureau (BBB) nearest to where the business is located. Study the advertising offer carefully. Ask the company about its warranty, refund and exchange policies. If you can't get the answers to your questions, or there are any doubtful claims, don't buy.
Pay by money order, check, charge or credit card so you have a record of your purchase. Never send cash. Keep the ad you responded to and a copy of the order form. If there is no order form, make your own notes with the company's name, address, phone number, date, amount, the item you purchased, and any delivery date that may have been promised. Never give your credit, debit, charge card or bank account number unless you've checked out the company or have done business with it before.

AFTER YOU ORDER

When you order from home, you have the right to…

Have mail and phone order purchases shipped when promised, or to cancel for a full and prompt refund. If no shipping date is stated, your right to cancel begins 30 days after your order and payment are received by the merchant.
Get a full refund-because of shipping delay-within seven working days (or one billing cycle) after the seller receives your request to cancel.
Refuse a delivery of damaged or spoiled items.
Consider unordered merchandise a gift and be free of pressure to return it or to pay for it.
Not pay a disputed amount while your dispute is being reviewed by the card issuer.
Stop payment on a check made out to the seller (rather than the Post Office), for a C.O.D. package if it is unsatisfactory.
Obtain a Post Office "Prohibitory Order" on sexually offensive mail advertisements coming to your home.
Tell commercial telephone marketers to stop calling you, and to sue in Small Claims Court if they continue to call.

SPECIAL SITUATIONS

Late deliveries-delays-canceled orders…
By federal law, a company must ship your order within 30 days, unless the advertisement promises a different shipping time. If the company cannot ship within 30 days or the promised time, it must give you an "Option Notice." You can choose to wait longer for your order, or cancel and get a prompt refund. If you cancel, and your order was paid by charge or credit card, the seller has one billing cycle to tell the card issuer to credit your account.

There are two exceptions to this rule: (1) If a company doesn't promise a shipping time, and you are applying for credit to pay for your purchase, the company has 50 days after receiving your order to ship, and (2) spaced deliveries, such as magazine subscriptions (except for first shipment), and items which continue until you cancel (e.g. book or record clubs, etc.), C.O.D. (cash on delivery) orders, services, and seeds or growing plants are not covered.

Unordered Merchandise
If you are shipped a product you did not order, it's yours. It is illegal to pressure you to pay for it or to return it.

Sexually Offensive Mail
To prohibit these mailings, obtain forms from your local Postmaster.

Too Much Mail or Telephone Advertising
If you request it, the Direct Marketing Association-through its Mail or Telephone Preference Services-will ask subscribing companies to take your name off their lists. If companies you now do business with also remove your name, you can contact them directly to have your name reinstated.

Under federal law, you can also tell a telephone marketer to stop calling you. Keep records. If the marketer calls again, you can sue in Small Claims Court. You may have additional legal rights under state or local law. Check with the local consumer office that serves your area or with the Federal Communications Commission.

Damaged or Spoiled Items
If damage is obvious, and if you decide not to accept the package, write "REFUSED" on the wrapper (at time of delivery) and return it unopened to the seller. No new postage is needed, unless the package came by insured, registered, certified or C.O.D. mail and you signed for it.

Disputes or Billing Errors
If there is a problem with your order- you were billed for the wrong amount, you never got the product, the goods arrived in damaged condition, or the merchandise or services were misrepresented-try to resolve it by following these steps:

Write immediately to the company from whom you ordered, explaining the problem and asking for a specific resolution. Be sure to include your name, address, and daytime phone number, your order or invoice number, copy of canceled check, or any other helpful information about your purchase.
If you charged your purchase to a charge or credit card account, or you arranged for the payment to be automatically withdrawn from a bank account, send a copy of your letter to the card issuer or bank.
Don't delay! You generally have 60 days after receiving a bill to dispute charges.
Pay any other charges on your bill that you are not disputing.
When you have charged your purchase, you are entitled to a response to your complaint within 30 days, and the problem must be resolved within two billing cycles (but not more than 90 days).

Note: If you used a debit card, you are entitled to a response within 10 days. However, if the financial institution that issued the card needs more time, it may take up to 45 days, provided it credits your account with the disputed amount until the dispute is resolved.

MORE HELP

Contact your state or local consumer protection office. It may be listed in the "self-help" or government sections in the front of your phone book. These agencies can offer further advice, and they may also be able to help resolve your complaint.

The National Fraud Information Center-non-government service which gives free advice by phone to consumers who suspect fraud or misrepresentation-maintains a fraud database (800) 876-7060.

The Better Business Bureau (BBB)-non-government service advises consumers on fraud prevention. Call your local BBB. Or, for the number of the BBB nearest to where the business in question is located, call Council of Better Business Bureaus: (703) 276-0100.

The U.S. Postal Inspection Service-covers mail fraud, sexually offensive materials, solicitations that look like government materials, but aren't. If you suspect such violations, contact your local Postmaster or Postal Inspector, or:

The Federal Trade Commission-doesn't handle individual complaints, but reporting failure to deliver, late delivery, unordered merchandise, misrepresentation or fraud helps uncover widespread abuses that FTC might take action to stop.

The Federal Communications Commission-will handle requests for action on suspected violations of the Telephone Consumer Protection Act, such as persistent sales calls after the seller is told to stop.

Mail and Telephone Preference Services-To have your name removed from mail or telephone lists of many companies, contact the Direct Marketing Association:

For any Postal Service questions:

For other at-home shopping questions…
Your state or local consumer protection agency, or write to:

Created in cooperation with the U.S. Consumer Information Center, Direct Marketing Association, National Association of Consumer Agency Administrators, National Consumers League, U.S. Office of Consumer Affairs and the U.S. Postal Inspection Service. Technical assistance provided by the Federal Trade Commission.

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