Mail-Order Satisfaction Not Guaranteed
During the holiday season, the mailbag seems heavier each day. Most of the added weight this week is from Christmas cards, but the volume of direct-mail catalogues and advertisements urging us to buy new products continues to grow.
And more of us are willing to shop by mail. In fact, consumer mail-order sales have soared from about $37 billion in 1983 to $56 billion in 1987, according to one industry report.
More People Buying
With so many more people buying through the mail, there are bound to be more complaints. It’s only natural. When you can’t see the product or talk to a live salesperson, there will be misunderstandings. And it is harder to know if you are dealing with a reputable firm when you order by mail.
The doctrine of caveat emptor (let the buyer beware) seems more reasonable when it applies to a buyer who purchases a product in person and can inspect it before carrying it away, or knows where to find the seller if the product is defective.
Fortunately, the mail-order business is heavily regulated. Both state and federal law prohibit unfair business practices and deceptive advertising by mail. Regulations require that mail-order sellers ship products on a timely basis, as promised in their solicitations. If no time period is mentioned, sellers are required to ship within 30 days, and if the merchandise can’t be shipped in time, you have the right to cancel your order and receive a full refund.
Register a Complaint
If you have a problem with a mail-order business, you should register a complaint with the appropriate governmental agency. Contact the U.S. Postal Service if you think you’ve been the victim of fraud. Complain to the Federal Trade Commission if you don’t receive the merchandise on time, receive defective merchandise or can’t get a refund. Unfortunately, government agencies usually can’t solve your individual problem, but they can try to stop deceptive or illegal tactics and prevent further abuse to other consumers.
If you receive merchandise in the mail that you didn’t order, both federal and state law allow you to treat it as a gift and keep it. If you are sent invoices for the merchandise, write the company and explain that the law allows you to keep the product, which you intend to do, without paying anything. (You can cite California Civil Code Section 1584.5)
Of course, you can always sue a mail-order company in small claims court (for amounts up to $1,500) or in municipal or superior court for larger amounts. But usually the disputes involve small amounts, so it’s not worth the time to go to court.
Because legal remedies after the fact won’t get you your money back, you should be very careful about ordering through the mail in the first place. In the latest issue of Nolo News, a consumer law newsletter, attorney Stephen Elias offered some common sense questions you should ask before you order:
--Is the company offering the product indisputably reputable?
--Is the product unconditionally guaranteed or your money back, no questions asked?
--Does the company prominently display a phone number you can call in case of problems?
Elias also advises to make the first order small, track delivery time, and call the company immediately with any questions or concerns.
American Express has a free pamphlet, “Mail Order Rights,” with suggestions on what to do if mail-order goods are delayed, canceled or damaged. Write Consumer Affairs Office, American Express Co., 47th Floor, American Express Tower, World Financial Center, New York, N.Y. 10285.
Klein cannot answer mail personally but will respond in this column to questions of general interest about the law. Do not telephone. Write to Jeffrey S. Klein, Legal VIEW, The Times, Times Mirror Square, Los Angeles 90053.
