Mail and Telephone Order Sales.
Door-to-Door Sales
Billing Errors
Unordered Merchandise
Resolving Disputes
Reducing Unwanted Telemarketing Calls
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These days, consumers shop at stores, through catalogs, on the phone, and online. They may buy products from a salesperson who knocks on their door or from a seller who could be thousands of miles away.
Some of these transactions may not go as smoothly as they hope. But as a consumer, you have rights in these situations, and businesses selling products have responsibilities they must meet as well.
Mail and telephone Order
Sales
The law protects consumers who shop by phone or mail if the merchandise arrives late— or doesn’t arrive at all. By law, a company should ship your order within the time stated in its ads. If no time is promised, the company should ship your order within 30 days of receiving it. If the company can’t ship within the promised time, they must give you an “option notice,” which gives you a choice:
You can agree to the delay or cancel your order and get a prompt refund.
There is one exception to the 30-day rule: If a company doesn’t promise a shipping time, and you’re applying for credit to pay for your purchase, the company has 50 days to ship after receiving your order.
Door-to-door Sales
Buying a product from someone who comes to your home can be convenient and enjoyable. But there may be times when you change your mind about a purchase you made in your home.
The Cooling Off Rule
gives you three days to cancel purchases of $25 or more made at your home, workplace or dormitory, or at a place the seller rents or uses on a temporary short-term basis, like hotel or motel rooms, convention centers, fairgrounds, and restaurants.
There are some exceptions to the Cooling Off Rule.
For example, you cannot cancel sales that:
• are under $25
• are made entirely by mail or telephone
• are the result of prior negotiations at the seller’s permanent location where the goods are sold regularly
• are needed to meet an emergency
• are made as part of your request for the seller to do repairs or maintenance on your personal property (purchases made beyond the maintenance or repair request are covered)
In addition, sales are exempt if they involve:
• real estate, insurance, or securities
• automobiles, vans, trucks, or other motor vehicles sold at temporary locations, provided the seller has at least one permanent place of business
• arts and crafts sold at fairs or locations, like shopping
malls, civic centers, and schools
The salesperson must tell you about your cancellation rights
at the sale, and must give you two copies of a cancellation form (one to keep
and one to send back) and a copy of your contract or receipt.
The contract or receipt should be dated, show the name and address
of the seller, and explain your right to cancel. The contract or receipt must be in the same language
as the sales presentation.
Your Consumer rights - Billing
errors
Suppose you use your credit or charge card to pay for
purchases. If you find a mistake on your billing statement, you can dispute the
charge and not pay the amount in question while the charge is in dispute. It
can be a charge for the wrong amount, for something you did not accept, or for
an item that was not delivered as agreed. You still just pay any part of the bill that isn’t in dispute, including
any finance charges on the undisputed amount.
If you decide to
dispute a charge:
• write to the creditor at the address on the monthly
statement for “billing inquiries.”
Include your name, address, credit card number, and a
description of the error.
• make sure your letter is timely. It must reach the
creditor within 60 days after the first bill with the error was mailed to you.
The creditor must acknowledge your complaint in writing
within 30 days after receiving it, unless the problem has been resolved. The
creditor must resolve the dispute within two billing cycles (but not more than
90 days) after receiving the letter.
You also may dispute charges for unsatisfactory goods or
services.
To take advantage of this protection, you must:
• have made the purchase in your home state
or within 100 miles of your current billing address, and the
charge must be for more than $50
• make a good faith effort to resolve the dispute with the
seller first
Unordered Merchandise
If you receive merchandise you didn’t order, the law says
you can keep it as a gift. No one can force you to pay for the item or return
it. If you decide to keep the merchandise, you may want to send the seller a
letter to let them know you are keeping the gift, even though you’re not
legally obligated to do so. Your letter may discourage the seller from sending you
repeated bills, or it may clear up an error.
Send the letter by certified mail and keep the return
receipt and a copy of the letter. These records will help you establish that
you didn’t order the merchandise.
Two types of merchandise may be sent legally without your
consent: free samples that are clearly marked and merchandise mailed by charities
asking for contributions. In both cases, you may keep the shipments. These companies
know you have the right to keep any merchandise they send without paying for
it.
Resolving disputes
If problems come up after you make a purchase, try to
resolve your dispute with the seller first. Make sure you act quickly. Some companies
may not accept responsibility if you don’t complain in a timely way.
Send a letter of complaint. It puts your complaint on record
and lets the company know you are serious about pursuing the dispute.
Be sure you keep a copy for your records. If you can’t get
satisfaction, consider contacting the following organizations for more information
and help:
• State and local consumer protection offices.
• Your local Better Business Bureau (BBB).
• Action line and consumer reporters. Check with your local
newspaper, TV, and radio stations for a contact.
• Postal Inspectors. Call your local U.S. Post Office and
ask for the Inspector-in-Charge.
• Federal Trade Commission.
Letter
1111 19th
Street, NW
Washington, DC 20036
(Your address)
(Your City, State, Zip Code)
(Date)
(Name of Contact Person)
(Title)
(Company Name)
(Street Address)
(City, State, Zip Code)
Dear (Contact Person):
On (date), I purchased (or had repaired) a (name of the
product with the serial or model number or service performed). I made this purchase at
(location, date, and other important details of the transaction).
Unfortunately, your product (or service) has not performed
well (or the service was inadequate) because (state the problem).
Sincerely,
(Your name)
(Your account number)
SAMPLE COMPLAINT LETTER
Reducing Unwanted
telemarketing calls
You might receive dozens of calls each week from telemarketers pitching a wide array of products from dream vacations and dating services to low mortgage rates and new siding.
But you can stop telemarketing calls you don’t want by registering your home or cell phone numbers on the national do not Call Registry. Telemarketers covered by the National Do Not Call Registry have up to 31 days from the date you register to stop calling you.
You can register for the National Do Not Call Registry online or by phone for free. If you have a valid email address, you can register online by visiting www.donotCall.gov . Once you submit your registration, the FTC will send you an email message with a link in it. You need to click on the link in the email within 72 hours to finalize your registration.
You may register up
to three telephone numbers at one time online.
To register by phone, call toll-free 1-888-382-1222 (TTY: 1-866-290-4236) from the phone number you wish to register. You can register only one phone number each time you call the National Do Not Call Registry. Your phone number will remain on the Registry for five years from the date you register (unless you choose to take it off the Registry or your phone number is disconnected).
Organizations That May Call
Placing your number on the National Do Not Call Registry
will stop most — but not all — telemarketing calls.
You still can get calls from or on behalf of:
- political organizations,
- charities, and surveys.
- Organizations with whom you have an established business relationship can call you for up to 18 months after your last purchase, payment, or delivery — even if your number is on the National Do Not Call Registry.
- And companies to which you’ve made an inquiry or submitted an application can call you for three months.
Think before you submit any entries, surveys or
questionnaires, sweepstakes, forms, or requests for “free” products. The company may be trying to establish
a business relationship with you, or get your written permission to be called.
If you place your number on the National Do Not Call
Registry, you still can give written permission for particular companies to
call you. And, even if you have an established business relationship, you can
ask a company not to call you. The company must honor your request, regardless
of any prior written permission. If you don’t put your number on the national
Registry, you still can prohibit individual telemarketers from calling by
asking each one to put you on their company’s do not call list.
Filing a Do Not Call
Complaint
If your number has been on the national do not Call Registry
for at least 31 days and you receive a call from a telemarketer that you
believe is covered by the Telemarketing Sales Rule, file a complaint at
www.donotCall.gov or by phone at 1-888-382-1222 (for TTY, call 1-866-290-4236).
You will be asked for either the name or telephone number of the company that
called you, and the date the company called you.
As a consumer, you see or hear hundreds of ads a day on the
Internet, on TV, on the radio, in newspapers and magazines, on buses, and
sometimes in other places you wouldn’t expect. Ads making fraudulent claims can — and often
do — show up in these places, and it’s up to you to sort through them and determine
which ones are scams so you can ignore them.
You’ve probably heard
the saying “if it looks too good to be true, it probably is too good to be
true,” but there is more to spotting a fraudulent claim.
Be wary when you see ads that:
• use asterisks, footnotes, or lots of fine print.
Any disclaimers about the product must be large enough for
you to read. If they’re not, the advertiser may have something to hide.
• include glowing testimonials from consumers or “famous”
doctors. Whether they deal with dramatic weight loss, disease cures, or
extravagant financial success, they usually are a tip-off to a rip-off.
• do not list an address or location. Ads listing only phone
numbers or websites may do so to make it harder for you to track them down if
you have a problem with their product or service.
• advertise merchandise way below market value for a limited
time only. This technique often is used to advertise electronics, computers, or
other high-ticket merchandise that can be ordered only by phone.
• feature merchandise with names that soundor look like
nationally recognized brands.
• offer vague descriptions of products.
• promote name-brand merchandise at ridiculously low prices or through unusual ways.
