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Home : Military Financial Network : Credit Counseling
( Excerpt Courtesy - FTC: Public Reference Document ) 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 brochure 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:
Note that the dollar and distance limitations don’t apply if the seller is the card issuer or if a special business relationship exists between the seller and the card issuer. 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 FTC’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 Sale 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 available 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
Try to resolve your dispute with the seller first. Make sure you act quickly. Some companies may not accept responsibility if you fail to complain within a certain period of time. Send a letter of complaint. A letter is important because it puts your complaint on record and lets the company know you are serious about pursuing the dispute. An effective complaint letter may look something like the sample on page 10. Be sure you keep a copy for your records. 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. |
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