Keep it handy... It's what you need to know
to shop by mail, phone, TV or computer with confidence, satisfaction and
protection.
Consumer Card ______________________________________________
Remember, at-home shoppers 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. ______________________________________________
|
|
_________________________________________________________________________________
Shopping from home or office
- it keeps getting easier... _________________________________________________________________________________
For many products and services, you needn't step out of your home
or office to shop anymore. Mail, phone or other forms of at-home
shopping couldn't be easier. Before ordering, however, 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.
AT-HOME SHOPPING TIP
If you pay by credit card or charge card, you can withhold
payment if there is a problem with your order.
_________________________________________________________________________________
Your at-home shopping rights: 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. (See below.)
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. (See below.)
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.
AT-HOME SHOPPING TIP
If you are ordering something to be delivered by C.O.D., make
your check out to the seller, not the post office. That way, you may
contact your bank and stop the check if there is an immediate problem
with merchandise.
_________________________________________________________ If
you need further 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:
Chief Postal Inspector U.S. Postal Service Room 3100
475 L'Enfant Plaza SW Washington, D.C. 20260-6444 (800)
654-8896 _________________________________________________________
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.
Division of Enforcement Federal Trade Commission
Washington, D.C. 20580 (202) 326-3768 _________________________________________________________
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.
Informal Complaints and Public Inquiries Branch
Enforcement Division Common Carrier Bureau FCC, Mail
Stop 1600A2 Washington, D.C. 20554 _________________________________________________________
Mail and Telephone Preference Services - To have your name
removed from mail or telephone lists of many companies, contact
the Direct Marketing Association:
Mail Preference Service P.O. Box 9008 Farmingdale, NY
11735-9008
Telephone Preference Service P.O. Box 9014
Farmingdale, NY 11735-9014 _________________________________________________________ For
any Postal Service questions:
Your local Postmaster or The Consumer Advocate U.S.
Postal Service Washington, D.C. 20260-2200 (202)
268-2284 _________________________________________________________
For other at-home shopping
questions..._________________________________________________________
Your state or local consumer protection agency, or write to:
Direct Marketing Association (Mail Order Action Line)
1101 17th Street NW, Suite 705 Washington, D.C. 20036
(202) 347-1222
Division of Enforcement Federal Trade Commission
Washington, D.C. 20580 (202) 326-3768
One in a series published by the Consumer Card Information
Service of the Office of Public Responsibility, American Express
Company. 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.
American Express Company, 1982. Revised 1985 and 1994. Copies
may be reproduced for nonprofit educational purposes. |
|