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On Dec. 13, 2002, my wife and I placed an order for a model helicopter for 12-inch action figures from a company called Figures and Toys in Canton, Ohio, for $76.94. When the toy had not arrived after three weeks, we contacted the company and were told that this item was on back order from the manufacturer. After waiting a reasonable length of time my wife e-mailed the company again to check on the status. No reply was received.
In early March 2003, my wife received an e-mail ad from the company about a sale. She responded to this e-mail and was referred to the owner, J. Bowman. In his e-mailed response, he told us to send the receipt for payment and he would send us a refund.
We sent all the information he requested and never received any type of response. Since that time we have sent many e-mails asking about our refund. We still haven't received the product or the refund and would appreciate it if you could help us. Dave and Joanne Tubbs
Response: Unfortunately, we did not get a response to either of our two letters to Darting Around/Figures and Toys in Canton. The second, sent Jan. 27 by certified mail, return receipt requested, was signed for several days later.
As regular readers of the column can guess, our next step was to check with the Better Business Bureau of Canton. It has received seven complaints since it opened its file on the company in November 2002, of which six were resolved. However, based on the complaint to which the company never responded, the bureau gives it an unsatisfactory rating.
At this point we don't hold out much hope for getting a refund or your order. You have 60 days from the date of a credit card statement on which a charge appears to dispute it. Obviously, you are way beyond that time frame. In the future, we suggest letting your card issuer know if an order appears to be delayed so you can preserve your rights.
There is one final step you can take regarding your situation, however. The Federal Trade Commission wants to hear from consumers who are having problems with mail-order companies. While it cannot intervene in individual disputes, 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 also may be filed through its Web site, www.ftc.gov using the online complaint form.
Product recallsThe following products, distributed nationwide, were recalled between April 2 and 8:
6,300 water bottles by H&M; the pullup, black plastic drinking spout can detach, posing a choking hazard to young children. The black plastic water bottles in green canvas sports holders were distributed at H&M clothing stores as a free premium with purchase of children's wear between February and March 5. Return the water bottle to any H&M store for a $5 coupon toward another H&M purchase. Call toll-free 1-877-439-6261 between 8:30 a.m. and 5:30 p.m. weekdays; www.hm.com
592,000 TV/VCR carts by Sauder Woodworking Co.; the carts can tip over and injure or kill children and adults when the cart and the television fall. The TV/VCR carts, which are 29.5 inches wide by 18 inches deep by 27 inches high, come in different colors as kits to be assembled. They have a top shelf intended to support up to a 27-inch television, a middle shelf intended to hold a VCR, a lower storage area intended to hold VCR tapes and equipment, and four removable casters. Recalled are model numbers 2655 and 2755, found on the instruction booklet that came with the cart. Department, discount and home electronic stores sold these carts from January 1993 through December 1999 for about $100. Discontinue use and remove casters to improve stability. Call toll-free 1-888-800-4590 for free repair kit; www.sauder.com
15,000 air hockey tables by Valley Dynamo; the blower motor, located under the table, has an opening large enough for a child's finger, posing a laceration hazard. Recalled are the Arctic Flash, Arctic Wind and Air Elegance models. They have been sold at sporting good and specialty stores since 1994 for between $1,000 and $2,200. Call Dynamo toll-free at 1-800-304-2929 between 9:30 a.m. and 6 p.m. weekdays for a free repair kit.
14,400 Mongoose aluminum 20-inch-wheel "D-XR AL" mountain bicycles by Pacific Cycle Inc.; the rear shock absorber allows the aluminum, dual-suspension frame to flex severely, causing the frame to become unstable and break and posing the risk of injury to riders. These silver and red dual-suspension mountain bicycles, model number "R1590WMET," were sold in bicycle and department stores from September 2003 through March 1, 2004, for about $99. Call toll-free 1-877-564-2261 between 9 a.m. and 6 p.m. weekdays for a free replacement rear shock and instructions.
Sources: SafetyAlerts at www.safetyalerts.com Consumer Product Safety Commission at www.cpsc.gov toll-free 1-800-638-2772; Food and Drug Administration at www.fda.gov. USDA Meat and Poultry Hotline, toll-free 1-800-535-4555; government food safety information at www.foodsafety.gov National Highway Transportation Safety Administration's Auto Safety Hotline, www.nhtsa.dot.gov/hotline toll-free 1-888-327-4236.
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; 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.