Karen's Keynotes
by Karen Armstrong, Human Development Extension Agent
Rolette County

Mail Order: Your Rights & Responsibilities

I am like a young child at Christmas time during May. I anxiously wait for the arrival of brown envelopes in the mail. This year I was surprised at how fast my garden seeds arrived. I always try to plant something new each year. Mail order shopping allows me opportunity to order the specific varieties I want as well as something new or unusual. My experience in ordering garden seed has positive. That has not necessarily been my personal experience in all mail order instances. Even though mail order shopping has advantages, complaints about mail order shopping are common. Complaints include failure of companies to deliver, long delivery times, unsatisfactory merchandise, failure to make merchandise exchanges or refunds and failure to respond to consumer questions. The consumer has rights and responsibilities when ordering by mail.

Your Responsibilities

Before placing an order:

·      Read the advertisement carefully. Is all needed information provided?

·      Find and review the refund and exchange policy of the company. Do they say "Satisfaction Guaranteed," "Unconditional Guarantee" or "You may return an item for prompt refund if you are not completely satisfied?" It is important for you to know that merchandise can be exchanged or returned for a refund.

·      Consider the purchase carefully. Do you need and want this item? Could you purchase the same or similar item locally?

·      Find out if there is any type of buying plan involved before you decide to place the order. Are you committed to join some kind of buying club, such as a book, record, food, or cosmetic club?

If you have considered all of the above and decided to order by mail:

·      Complete the order form according to directions.

·      Recheck order form to ensure that you have correctly filled it in. Have you clearly identified merchandise ordered, correct size, color, etc?

·      Double-check your address. Is it correct and readable?

·      Make a copy of your completed order form and of the advertisement being answered.

·      Make a note of the address to which the order is sent.

·      Make payments by personal check, cashier's check, money order or credit card. Don't send cash.

Your Rights

You have certain rights when you order by mail. According to a Federal Trade Commission ruling on mail order:

·      Merchandise must be shipped within 30 days of receipt of the order or within the time disclosed in the advertisement, or within 50 days if you are applying for credit. If the company cannot deliver merchandise within this period, the company must write you and tell you the expected delivery time and offer to refund your money if you don't want to wait until delivery can be made.

·      If merchandise cannot be delivered within the new delivery time the order is automatically cancelled and your money refunded unless you notify the company in writing that you are willing to wait longer.

·      If your cancelled order was charged to a credit card, the company has one billing cycle to make the adjustments to your account. If the order was paid with a check or money order, the company has only seven days in which to refund the money. You do not have to accept a refund in the form of "credit" to be used for other merchandise from the company.

Not all mail order purchases are covered by this ruling. Some mail order purchases that are not covered are magazines, seeds, plants, and photo finishing.

If you have not received your order within a reasonable time (over 30 days or the time specified in the advertisement), find out if your check has been cashed. If you don't have the cancelled check, contact the bank to find out if it has been paid. If it has not been paid you may want to place a stop payment on the check and cancel the order. To cancel, write the company telling them that since your check was not cashed the company did not accept the order and that you have stopped payment on your check and canceled the order.

If the check has been cashed, decide whether or not you want the merchandise sent or the money returned. Then write a letter to the company stating your request. If you do not receive the merchandise or a refund within a proper time, file a complaint with the Direct Marketing Association.

DMA Mail Order Action Line
1101 12^th Street North West
Washington, D.C. 20036

Or

Division of Consumer Services
Florida Department of Agriculture and Consumer Services
407 S. Calhoun Street
Mayo Building
Tallahassee, FL 32399

Or you may file a complaint on line at www.800helpfla.com .

If the mail order problem appears to be fraudulent, contact a postal inspector directly or through your local postmaster. Provide the inspector with all related evidence including a copy of the order, all correspondence, advertisement and even envelopes.

For more information on your rights and responsibilities when ordering by mail contact your local county Extension office.

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Updated 6-6-07 Carleen Jeannotte