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I am writing for help in dealing with an "invisible" company that has steadfastly ignored every piece of correspondence I have sent it. The company is Tightwad Magazines in Burgin, Ky. I have tried finding a phone listing and Web site without success. The problem is that it has refused to cancel a subscription to TV Guide for which I paid $29.95 on Jan. 14. I notified it shortly after entering my subscription and long before I received the first issue that I would like to cancel the recently ordered magazine. The reason for this decision was that my mother, for whom I ordered the gift subscription, realized that it was not to her liking after having bought one at the supermarket to try it out.
For whatever reason, Tightwad started sending the TV Guide to my address in Gulfport. I do not want this magazine and neither does my mother. I feel that I gave Tightwad plenty of lead time to cancel my request. I believe that I am due a full refund as soon as possible. I should say that I have used Tightwad for many years for other subscriptions without any real problems. Its refusal to heed my requests to cancel is a mystery to me. I have been a good customer and have even referred friends and co-workers to it. Can you please help me get my refund? Willard Goode Jr.
Response: So far it's not looking good. Our letter to Tightwad Living Inc. (the name on the back of your canceled check) in Burgin, Ky., was returned as "not deliverable as addressed - unable to forward." We could find no information on the company at the Better Business Bureau or any other Web site. On a hunch, however, we called the bureau of eastern and central Kentucky. The company, also known under the names Coupon Connection, Toll Free Stuff and Tightwad Magazines, has an unsatisfactory record with the bureau due to unanswered complaints.
In February 2003, it came to the bureau's attention that the company had relocated to Buford, Ga. The only information the Bureau of Metropolitan Atlanta could give us was that the company is out of business. We were therefore surprised to find Tightwad Magazines Inc. listed on the Web site of the corporations division of the Georgia Secretary of State with a filing date of March 1. Is the company active or out of business? At this point we do not know.
We will forward your complaint to the Georgia address in a continued effort to get your refund.
Problems with magazine subscriptions continue to plague Action readers. While most are easily resolved, now is a good time to pass on some tips from the Better Business Bureau and the Federal Trade Commission.
Magazine solicitations generally come from a door-to-door salesperson or through a telemarketer. When a solicitor comes to your door, get some basic information before the start of any sales presentation. (Note that this applies to all solicitations, not just those for magazines.)
Ask to see the solicitor's permit. Under the state's home solicitation statute, door-to-door solicitors must obtain a permit from the clerk of the court. Furthermore, some cities require a permit. (Report door-to-door solicitors without permits to the police.) Ask for identification, which should include the name of the company, its address and telephone number. Tell the solicitor you are going to check the company with the Better Business Bureau and your local consumer protection agency, if you have one. A solicitor who tries to talk you out of this or who bids you a hasty farewell at this point is not one you want to do business with.
If you decide to make a purchase, be sure to thoroughly read and understand your contract before you sign it. By law, you have the right to cancel a home solicitation sales contract of more than $25 within three business days of signing it. If you cancel, do so in writing and send your letter by certified mail, return receipt requested. Finally, do not pay cash. Always pay by check and make it out to the company, not the solicitor. Better yet, pay by credit card, which gives you some additional rights.
With regard to solicitations that come by phone, beware of sales pitches for "free," "prepaid" or "special" magazine subscription deals. Processing fees often can cost more than the retail price of the subscription. Or you can end up with years of monthly payments for magazines you don't want or could have bought for less elsewhere. Sales techniques vary, so be alert to the salespeople who encourage you to buy without giving you the total costs. Getting a number of magazines for a few dollars a week can sound like a bargain until you do the math. Ask how many magazines you will get, how often, and what the total yearly cost of each magazine is. You may be shocked, if not horrified.
Find out how long the subscription will last and how often you will be billed. Ask about your cancellation rights and get them in writing before you agree to buy anything. Be careful what you say on the phone, since your verbal agreement may obligate you to pay in some states. These conversations are frequently taped - you're told it's for your protection - yet later it's used to prove you not only agreed to buy the magazines but selected a payment method and understood the terms of the agreement. There is no federal law regulating the cancellation of telephone agreements. Although Florida does have laws governing the cancellation of telemarketing sales, magazines fall under one of many exemptions. So don't assume you can cancel later.
Finally, be alert to telemarketers who don't identify themselves as such or give you the name of their company. They may mislead you into thinking they represent the publishers or are calling for reasons other than selling subscriptions.
- 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, e-mail action@sptimes.com 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.
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, so you 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.