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From: armand@qualitybooks.com
Category: E-Publication

Title: ARTICLE: At-Home Shopping Rights, Consumer Card

World Wide Web Address: http://www.qualitybooks.com

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.


One in a series published by the ConsumerCard Information Service of the
Office of Public Responsibility, American Express Company.

1982, 1985, 1994, American Express Company

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 back
panel.)

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 back panel.)

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

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