Action: Reader's Ab Energizer is an exercise in futility

I purchased an Ab Energizer in January 2002, and when it arrived, it wasn't working. I called and e-mailed the company numerous times between Feb. 5 and June 19, but as of the end of September, I still have neither a working unit nor a credit of $72.90. I can no longer reach anyone by mail, e-mail or phone. I'm hoping you can help me with this matter. I have exhausted all possibilities. Betty Blanks

Response: We're afraid you're going to have to chalk this up to experience. The lesson is to check out an unfamiliar company before doing business with it.

When Ab Energizer in Bell, Calif., did not respond to our letters, the second sent certified and returned marked "refused," we tried to get an online report on Ab Energizer and came up with Electronic Product Dist LLC in San Diego, the manufacturer of the Ab Energizer. The San Diego Better Business Bureau's report gives the company an unsatisfactory rating due to a pattern of complaints, including defective products, consumers' nonreceipt of products and consumers' inability to get refunds. The bureau has processed 677 complaints against the company. The company responded to four, of which one remains unresolved.

The bureau's report continues that on May 7, 2002, the Federal Trade Commission filed an action against the company for unfair or deceptive trade practices and falsely advertising that the Ab Energizer would cause weight and inch loss and give users well-defined abdominal muscles, and that its use was the equivalent of doing crunches or situps. The FTC complaint alleges violation of its Mail or Telephone Order Merchandise Rule by failing to ship products when promised and challenges the company's refund, shipping and warranty practices.

Because of the volume of complaints against the company, the bureau is no longer accepting them. Instead, reports can be filed with the Federal Trade Commission at 10877 Wilshire Blvd., Los Angeles, CA 90024. Complaints may be filed online at www.ftc.gov; or call toll-free 1-877-382-4357.

The report concludes by offering advice from the Federal Trade Commission:

"Ignore claims that an exercise machine or device can provide long-lasting, easy, 'no-sweat' results in a short time. These claims are false: You can't get the benefits of exercise unless you exercise.

"Don't fall for claims that a product can burn fat off a particular part of the body -- for example, the stomach, hips or buttocks. Achieving a major change in your appearance requires sensible eating and regular exercise that works the whole body.

"Read the ad's fine print. The advertised results may be based on more than just using a machine; it also may be based on restricting calories.

"Be skeptical of testimonials and before-and-after pictures from 'satisfied' customers. Their experiences may not be typical. Just because one person had success with the equipment doesn't mean you will, too.

"Get details on warranties, guarantees and return policies. A '30-day money-back guarantee' may not sound as good if you have to pay shipping on the equipment you want to return to sender. "Check out the company's customer and support services. Call the advertised toll-free numbers to get an idea of how easy it is to reach a company representative and how helpful he or she is."

So long to service contract

I would appreciate if you could assist me with our appliance contract with Service America. The contract ran from Nov. 27, 2001, to Nov. 27, 2002. We did not hear anything about a renewal, so we called and were told that the contract would not be extended. We could not understand this because we have been with Service America for about 10 years and had never had difficulty.

Our last contact with Service America was in late October or early November, when we called about a problem with our garbage disposal. Upon examination, it was determined that a new disposal was needed, and the repairman proceeded to install it. This replacement at no cost to the policyholder is covered under our policy.

Our relations with the service personnel have always been pleasant and amicable, and we are at a loss as to why we are being terminated. Charles Schumacher

Response: Gary Thompson, senior vice president of sales for Service America Systems in Deerfield Beach, said that the reverse side of your contract clearly states that renewal is at Service America's discretion. (There is also a provision for a customer to cancel the contract and, under certain conditions, receive a refund of the unused portion of the payments.)

Thompson said the decision not to renew contracts is based on the customer's service requirements. He said that the company believes it has been fair in this situation and that we would agree once we reviewed the written cancellation details with you, suggesting that you had been sent such information.

Although Thompson did not spell out why the company did not renew your contract, we suspect the reason is economics. Depending on how many service calls and replacements you have had during your contract period, it's possible that you are no longer an acceptable economic risk for the company.

With regard to the card you received from Service America stating it "missed you and your home and hoped you could get back together again" -- this after it terminated you -- we suspect that this was automatically generated by a computer when your renewal did not go through, regardless of the reason.

- 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.

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 or clarity.

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