Action: 3-day rule doesn't cover rentals

In December, a friend and I each mailed a check for $610 to reserve two mobile homes. The money was to cover the first month's rent. We arrived on Jan. 3. It was a cold night, and neither of us could get enough heat to be comfortable.

Also, my full-size bed had no sheets or pillow cases, and the second bedroom had no lights. Overall, we were both dissatisfied.

The next morning, we approached the manager and asked if he had better accommodations. He said no. At that point, we turned our keys in to him for both our rentals and asked for a refund. He said he would discuss it with the owner, who lived out of state.

Two weeks later, the owner offered us $300 each, thus charging each $310 for one night. We refused the offer and said we would contact you.

Isn't there a law that allows us three days to get a refund? Dom Gacetta

Response: The three-day right of recision refers to home solicitation sales, not the situation in which you and your friend found yourselves. Without a written contract stating what was included in the rental, we are unable to assist you.

However, most rental agreements we have seen have provisions for nonrefundable deposits written into the contract.

Making sense of Census

I received a letter from the U.S. Department of Commerce saying my household had been selected to take part in an important new Census Bureau survey to provide information that would help my community, county, state and nation build schools, highways and hospitals in the right places.

The letter said the information would help decisionmakers plan better programs for everyone -- from newborns to the elderly -- and that my participation was needed to make sure people like me are not left out.

A form and more information on the survey is supposed to arrive in a few days. Will you please comment on this? Anita Ferron

Response: The Census Bureau conducts numerous surveys other than the 10-year population census. We're not sure what comment you expect us to make. The letter you received, and we note it is addressed to "resident," seems pretty clear to us. We suggest you read the form and additional material when it arrives.

We expect it will answer any questions you may have.

'Open-box' surprise

I bought a digital camera for $249.95 from Circuit City store 571 in Brandon. It was defective, so I returned it. When I got home, I discovered that we had been charged an "open box charge" of $37.49.

When I called to check on this, I was told this was a valid charge since we did not purchase another item at the store. The reason that another replacement unit was not purchased was because we did not want the same type of camera, and the camera we wanted was not available at this store.

At no time were we aware of the open box charge since we have never before had to return an item.

I have been a devoted customer of Circuit City since it first came to the Tampa area, and I feel this policy is unfair. Through no fault of mine, the merchandise was defective, and I must be penalized for it at the price of $37.49.

I have talked to the headquarters for Circuit City, but it simply directs me back to the local store. Dorothy Clark

Response: Circuit City did not respond to our letter. Thanks for letting us know the store will reimburse you for the open box charge.

Who pays for liver biopsy?

On Nov. 30, I had a liver biopsy done at Largo Medical Center. I saw my doctor on Dec. 14, and she said that the biopsy had not collected any liver tissue, just fragments of fibroadipose tissue and muscle. In words we understand, the former is fat. My doctor said it was up to me if I wanted to repeat this liver biopsy and I would not have to pay again. I told her at this time I did not feel physically or mentally up to this.

After seeing the doctor, I called Largo Medical and was told that risk management would be contacting me about this matter. I have not heard from risk management, in spite of more phone calls.

In the meantime, I paid Largo Medical the $50 it estimated I would owe. My insurance company has also paid Largo Medical. Apparently Largo Medical Center estimated wrong because I received another statement saying I owe $183.48. I feel I should not have to pay this because the procedure was done incorrectly.

I also received an invoice from my insurance company saying I owed $295 to a doctor. I called the insurance company, and it said that Largo Medical had used a doctor who was not in the network.

I feel if Largo Medical Center and my insurance company cannot resolve this problem, then Largo Medical Center should pay this doctor for his services since it is neither his fault nor mine.

I would like a notarized paper from Largo Medical stating that I will be allowed to have another liver biopsy free of charge within a year. Margaret Elaine Hargraves

Response: Lana Bracewell, director of administrative services at Largo Medical Center, said that arrangements had already been made for you to have the procedure repeated before you contacted Action.

We wish you good luck this time.

- Action solves problems and gets answers for you. If you have a question, or your own attempts to resolve a consumer complaint have failed, write Times Action, P.O. Box 1121, St. Petersburg, FL 33731, or call your Action number, (727) 893-8171, or, outside of Pinellas, call toll-free 1-800-333-7505, ext. 8171, to leave a recorded request.

Requests will be accepted only by mail or voice mail; calls cannot be returned. We will not be responsible for personal documents, so please send only photocopies. If your complaint concerns merchandise ordered by mail, we need copies of both sides of your canceled check.

We may require additional information or prefer to reply by mail; therefore, readers must provide a full mailing address, including ZIP code. Names of letter writers will not be omitted except in unusual circumstances. Letters may be edited for length and clarity.

Contact the Times | Privacy Policy
Standard of Accuracy | Terms, Conditions & Copyright