December 4, 1998
With the holiday season commencing, the California Department of Consumer Affairs offered advice for avoiding scams while shopping for gifts as part of the Department's Holiday Hints campaign. Consumers are urged to exercise caution and be aware of available resources that can make shopping and other holiday experiences safer.
"Consumers face more choices than ever before, not only when selecting merchandise, but in determining whether to shop via the Internet, through the mail, over the phone, or at the mall," said Consumer Affairs Acting Director Ron Joseph. "Protect your pocketbook by knowing some basic rules merchants must follow and learning how to spot swindlers."
Cyberspace Shoppers:
Unsolicited e-mail - known as "spamming" — violates computer etiquette and is often used by con artists. Legislation effective January 1, 1999 requires senders of unsolicited e-mail advertisements to provide a return toll-free telephone number or e-mail address and prohibits the sender from sending additional spam if the recipient asks the sender to stop.
Know where the business is located. Be sure you know where the company is physically located. Although businesses may seem as close as your keyboard, in reality they may be on the other side of the world, making problem solving complicated.
The California telephone and mail order rule, which also covers orders by Internet, requires goods or services to be delivered by the promised time or, if none was stated, within thirty days. Print and save a copy of your order, and the vendor's return and refund policy.
Just as you shouldn't judge a book by its cover, don't make a decision about a company by its website. The usual rules apply here. Check to see if the business needs to be licensed, and if so, check with the licensing agency. Also call the Better Business Bureau and your local consumer protection agency. DO NOT give out your credit card or bank account numbers until you are sure a business is legitimate.
Phone Facts:
It is extremely difficult to know if the person on the other end of the phone is corrupt or conscientious. The usual rules apply of doing business with those you know, and thoroughly investigating those you don't.
Fraudulent telemarketers use high pressure sales tactics. They don't want to give you time to think over or provide written information. Hang up on these calls.
Under federal law, you can direct a telemarketer to place you on the "do not call" list and that demand must be honored.
In The Mail
A mail order company must deliver your merchandise within 30 days from the time you ordered it or within the time promised in the advertisement; or ask you to agree to a later delivery; or describe in detail any item offered as a substitute for the one you ordered (and vendor must pay cost of returning merchandise if you decide to return substitute goods); or return your money or credit your account if the delay is longer than 30 days and you did not agree to wait or to accept a substitution.
Generally, if you receive unsolicited merchandise in the mail that you did not order, you can consider it a gift.
In General:
Refunds: Each store can set its own policy on refunds and exchanges. If a store does not give full refunds, or equal exchanges for items returned within 7 days with a receipt, the store must display its refund policy in at least one of the following ways: on signs at each cash register and sales counter; at each public entrance; on tags attached to each item sold under that policy or on the retailer's order forms, if any.
Exceptions to a "no refund" policy include: if a seller materially misrepresents the product you purchased; makes fraudulent claims about the product; or in any important way fails to do what they have agreed, then you may be able to get a refund regardless of the store's refund policy.
Returns: Certain merchandise is not returnable, including: food, plants, flowers and perishable goods; goods marked "as is," "no returns accepted," "all sales final," or with similar language; goods used or damaged after purchase; customized goods received as ordered; goods not returned with their original package; and goods which cannot be resold due to health considerations.
Defective Merchandise: Unless an item is sold "as is," all new merchandise (except clothing and con-sumables) that is bought primarily for personal, family, or household use has a warranty implied by law that is fit for the ordinary purposes for which such goods are used; this implied warranty of merchantability lasts for 60 days, or for as long as any written warranty accompanying the item (up to one year). If an item sold with a written repair or replace warranty is defective, you are entitled to have it repaired to conform to the warranty, and if the item cannot be repaired after a reasonable number of attempts to conform to the warranty, to have it replaced or to receive a refund of the purchase price. If there is a written repair or replace warranty and the defective item needs warranty service but is too big to return, the company must either pay shipping costs or come to your home to provide service.
Advertising: All advertising that is false or misleading is prohibited. Beware of bait and switch tactics, which take many forms, including using a picture that misrepresents the advertised item with intent to switch you to another more expensive item.
Unless the ad mentions a limit on the quantity of the item that will be sold to a single customer, a merchant cannot refuse to sell advertised items to retail customers in any quantity that the merchant has in stock.
Merchants are not required to give rain checks. They are required, however, to have enough of the advertised item available at advertised prices to meet a reasonably expected demand, unless the ad states a limitation of quantity.
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