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Most companies want to make you
happy so you'll come back and recommend them to your friends. But when you find a company that's
not making the grade, how do you resolve the problem? This article explains your rights when it comes to mail and telephone
order shopping, unordered merchandise, and door-to-door sales. It also tells
you how to write an effective complaint letter and lists some resources for
additional help. MAIL AND TELEPHONE ORDER SALES Shopping by phone or mail can be a convenient alternative to shopping at
a store. But if your merchandise arrives late or not at all, you have some
rights. 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
after receiving it. If the company is unable to ship within the promised time, they must
give you an Option Notice." This notice gives you the choice of agreeing
to the delay or canceling your order and receiving 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. Fair Credit Billing Act (FCBA) You're protected by the FCBA when you use
your credit card to pay for purchases. Billing
Errors If you find an error on your credit or charge card statement, you can
dispute the charge and withhold payment on the challenged amount while the
charge is in dispute. The error might be a charge for the wrong amount, for
something you did not accept, or for an item that was not delivered as agreed.
Of course, you still must pay any part of the bill that isn't in dispute,
including the finance .charges on the undisputed amount. If you decide to dispute a charge:
Unsatisfactory
Goods or Services You also may dispute charges for unsatisfactory goods or services. To
take advantage of this protection, you must:
UNORDERED MERCHANDISE If you receive merchandise you didn't order, federal law says you can
consider it a gift. You can't be forced to pay for the item or return it. If you decide to keep the merchandise, you may want to send the
seller a letter stating your intention, 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. It's a good idea to send the letter by certified
mail and keep the return receipt and a copy of the letter. These records will
help you establish later, if necessary, that you didn't order the merchandise. Two types of merchandise may be sent legally without your consent:
free samples that are clearly marked as such; and merchandise mailed by
charities asking for contributions. In either case, you may keep the shipments. DOOR-TO-DOOR SALES Shopping at home can be convenient and enjoyable. But there may be times
when you change your mind about an in-home purchase. The FrC's Cooling-Off Rule gives you three days to cancel
purchases of $25 or more made at your home, workplace or dormitory, or at
facilities rented by the seller on a temporary short-term basis, such as hotel
or motel rooms, convention centers, fairgrounds and restaurants. Some Exceptions Some types of sales can't be canceled even if they occur in locations
normally covered by the Rule. The Rule does not cover sales that:
Also exempt from the Rule are sales
that involve:
Under the Rule, the salesperson must tell you about your
cancellation rights at the time of sale. The salesperson also 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 that's used in the sales presentation. How to Cancel a Door-to-Door Seller To cancel a sale, sign and date one copy of the cancellation form. You
don't have to give a reason for canceling the purchase. Mail it to the address
given for cancellations, making sure the envelope is post-marked before midnight
of the third business day after the contract date. (Saturday is considered a
business day; Sundays and federal holidays are not.) Because proof of the
mailing date and receipt are important, consider sending the cancellation form
by certified mail so you can get a return receipt. Keep the other copy of the
cancellation form for your records. If the seller did not provide cancellation
forms, write your own cancellation letter. If You Cancel ... If you cancel your purchase, the seller has 10 days to:
Within 20 days, the seller either must pick up the items left with you,
or reimburse you for mailing expenses, if you agreed to send back the items. If
you received any goods from the seller, you must make them avail- able to the
seller in as good condition as when you received them. If you don't make the items available or if you
agree to return the items but don't you remain obligated under the contract. PROBLEMS To resolve your dispute with the seller ...
If you can't get satisfaction, consider contacting the following
organizations for further information and assistance.
DISPUTE RESOLUTION OPTIONS You also may want to consider dispute resolution programs. A popular way
to settle disagreements, a dispute resolution program can be quicker, less
expensive, more private and less stressful than going to court. Many businesses,
private organizations and public agencies offer these programs. Two resolution
techniques are mediation and arbitration. Through mediation, you and the other party try to resolve the
dispute with the help of a neutral third party - a mediator. In the course of
informal meetings, the mediator tries to help resolve your differences. The
mediator doesn't make a decision; it's up to you and the other party to reach an
agreement. The mediator is there to help you find a solution. In arbitration, you present your case before an arbitrator, who
makes a decision. Arbitration is less formal than court, though you and the
other party may appear at hearings, present evidence or call and question each
other's witnesses. The decision may be binding and legally enforceable in court.
Contact the following organizations for dispute resolution options
in your area: local and state consumer protection offices, small claims courts,
BBBs and bar associations. FOR
MORE INFORMATION if you're not sure what
federal-agency has jurisdiction over your inquiry or complaint, contact the
Federal Information Center (FIC), listed in the U.S. government section of phone
books in major U.S. cities. For a complete list of FIC numbers, send a postcard
to: Federal Information Center, Pueblo, Colorado 81009. To learn more about your consumer rights and responsibilities, contact
the FTC by writing to: Consumer Response Center, Federal Trade Commission,
Washington, D.C. 20580, by calling: 202-326-2222; TDD 202-326-2502, or by
visiting us at www.ftc.gov on the Internet. Sample
Complaint Letter (Your
Address) (Your
City, State, Zip Code) (Date) (Name of Contact Person) (Tide) (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). Therefore, to resolve the problem, I would appreciate your (state the
specific action you want). Enclosed are copies (copies, NOT originals) of my
records (receipts, guarantees, warranties, cancelled checks, contracts, model
and serial numbers, and any other documents). I look forward to your reply and a resolution to my problem, and will
wait (set a time limit) before seeking third-party assistance. Please contact me
at the above address or by phone (home or office numbers with area codes). Sincerely,
(Your Name) (Your Account Number) FOR
ADDITIONAL INFORMATION CALL THE TOLL FREE HELP LINE 1-800-232-1477 E-mail: lawyer@lawwalk.com JAMES
W. PEARSON, JR. Chair of the Federal & State Credit Union Department & Coordinator of legal consultations under the Family Legal Care Plans offered to credit union members. |
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