Action: Only time will yield a tree

In April, I ordered three trees from Gardeners' Choice in Hartford, Mich. I waited six weeks, but nothing came. I wrote the company a letter since there was no phone number in the ad, asking why I hadn't received the trees since my check had been cashed. A week later, my letter was returned, stamped "Offer Expired." I wrote another letter, but got no answer. I hope you can help me get my refund. Edward Kristofco

Response: Thanks for forwarding the letter you received from Gardeners' Choice. Apparently the company underestimated its ability to grow new trees in time to fulfill your order. Not only that, the demand for the Empress Paulownia trees exceeded expectations. But not to worry, if you let the company grow your trees a few more months, it will ship, at no extra cost to you, your original order plus an additional tree and fertilizer tablets.

The trees will ship in late September/early October, depending on the weather. (You certainly wouldn't want to plant the trees now, in our summer heat!)

If this offer is unacceptable, all you have to do is write -- again -- and request a refund.

You end your note by saying you hope Gardeners' Choice follows through on its promise. In Action's experience, this company resolves the problems we forward to it from our readers.

The company's letter, sent long after the promised delivery date of the trees had passed, prompts a reminder that the Federal Trade Commission's mail or telephone merchandise rule states that merchandise must be shipped within 30 days of the order's receipt unless a longer time was clearly stated. If the order cannot be delivered within that time, the company must notify you of the delay and give you the option of canceling the order and receiving a refund.

If there is a second delay, the company must let you know and issue a refund unless you instruct it otherwise.

The FTC is always eager to hear from those having a problem with a mail order company. It cannot intervene in individual disputes, but it does look for patterns of complaints, which are vital to its law enforcement efforts. Call the FTC's Consumer Response Center toll-free at 1-877-382-4357. Complaints may also be filed through its Web site, www.ftc.gov, using the online complaint form.

Mail offer prompts reader's questions

I am sending you copies of a letter I received. Is this a come-on or what? The company is from Canada and wants money. Should people be warned or is it legitimate? Mary Donald

Response: At first glance, the official-looking document -- marked "this is a real document" in bold type, with a bar code, file number and stamp indicating it has been filed and is on record -- suggests that you have won $2,100,000. But look more closely. You've won nothing. That large sum is simply the amount of cash and prizes that is available to be won in the sweepstakes and contests the company wants to enable you to enter. Oh, lucky you! How? For a "processing fee" of $14.99, it will send you "complete entrant participation directives."

In other words, this is a sales pitch for information on contests and sweepstakes. Don't be misled by the fact that you have to sign the document stating that you are the person named on it. This will not increase your chances of winning. We suspect anyone can "purchase" this information from the company, with or without the "real document." The object here is simply to get your attention and then your money.

We checked with U.S. postal inspector Linda Walker, who said Postal Inspection Service has received several queries about this letter from folks who, like you, were suspicious of the mailing. The offer appears to be legitimate, she said.

However, any time you receive something in the mail that you suspect is fraudulent, forward it to the Postal Inspection Service. Either take the letter to a post office and ask that it be delivered inter-office to the service, or mail it to: Postal Inspector, P.O. Box 22526, Tampa, FL 33622. Mark the envelope "possible fraud."

If the Postal Inspection Service receives a lot of similar queries, chances are it will take a closer look, even where fraud is not immediately evident. Walker repeated the advice we often give in this column: Before responding to any offers, read the entire offer, including the fine print.

Back to the offer you received. Entering sweepstakes and contests is a hobby for some folks, regardless of the usually slim chances of winning. We're aware of several publications that compile and supply lists of them.

Keep in mind that if you order something from outside the United States, you are not protected by U.S. laws in case you don't receive your order or have a problem with it. Should you decide to give this offer a shot, we would at least urge you to ask the company to exclude you from the mailing list that it makes available to other companies. (Read the reverse side of the cover letter accompanying the offer.

If you don't, chances are you would open a floodgate of similar offers.)

-- 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, 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.

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