Action: Item sold out; expect a refund

On May 9, I ordered Touch of Diamonds, a nail formula, from Igia Direct and enclosed a check for $13.90. I saw the product advertised in the Parade magazine of the paper. My check was cashed May 24.

When I didn't receive the item after 30 days, I called the customer service number and was told it would be shipped June 29. Still nothing. I called Igia Direct in New York, at the address listed on the order form, and was told it only processed orders and I should write to an address in Sparks, Nev., which I did on July 11. This letter was returned marked "unknown."

Later in July, I finally got through to customer service and was told there had been so many orders the item had run out but a new shipment was expected within a few days. I asked for a letter confirming this, which I got. The merchandise, however, still didn't arrive, so I wrote again on Oct. 17.

To date I have not received my order, nor have I heard from the company. It has now been eight months, and I can't get closure on this. I would appreciate any assistance you can give. Frances Darst

Response: Igia Direct's customer service department in New York City regrets that your product was not delivered in a timely manner because, it says, "one complaint is always one too many." Because of the overwhelming response, some customer requests have gone unanswered, its letter stated. The customer service department checked with Igia's fulfillment house, and a refund check is being processed for you. Let us know if you do not receive it soon.

Though most mail order transactions proceed smoothly and on schedule, problems with them are nevertheless among the top complaints Action receives. As a reminder, 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 specified.

If the order cannot be shipped on time, you must be notified of the new shipping date and given the option of canceling and receiving a full refund. The merchant may assume you agree to a delay of up to 30 days if you don't respond.

If the new delivery date cannot be met, the merchant must send you a second notice. Unless you specifically consent to this second delay, your order must be canceled and a refund issued. The FTC requires the merchant to issue a full refund within seven days if you paid with cash, check or money order, or within one billing cycle if you paid by credit card.

You can file a complaint with the FTC by contacting the Consumer Response Center, (877) 382-4357 (FTC-HELP), or by writing to Consumer Response Center, Federal Trade Commission, 600 Pennsylvania Ave. NW, Washington, DC 20580. Complaints may also be filed online at http://www.ftc.gov.

The FTC does not intervene in individual disputes, but it does look for patterns of complaints, which aids its law enforcement efforts.

The Direct Marketing Association's ConsumerLine will also contact a company on your behalf. Wait at least 30 days for the company to respond to your complaint, then send a letter with detailed information and copies of relevant documentation about your order and the problem to ConsumerLine, Direct Marketing Association, 1111 19th St. NW, Suite 1100, Washington, DC 20036.

Manual on its way

On Nov. 2, I purchased a 2000 Buick Century Custom car from Gulfview Automotive in Port Richey. It was minus an owner's manual, but I was told one was ordered that day and it would arrive in four to six weeks. It has not arrived yet.

This is an important item to a car owner, and I have called several times about it. I was told that it has been ordered again.

I think I have waited long enough for something that should have been in the car at the time of purchase. I would appreciate anything you can do to help me receive this item. Katherine Hilliard

Response: According to Greg Hoerner, fixed operations director of Gulfview Automotive Group in Port Richey, an incorrect manual was sent by mistake and the correct one had to be reordered, hence the delay.

In the meantime, you have let us know that the manual arrived a week or so after your letter to Action. We're glad you now have the manual for the car but doubt that we should take credit.

Incorrect phone charge

On my April telephone bill I was charged $6.37 by AT&T for an operator-assisted call on April 8 at 7:32 a.m. from Gettysburg, Pa., to Alexandria, Va. I called the phone company and said I know no one in either of those places, and besides, I was in Fort Myers from April 6 to 9, visiting my brother, and no one else lives at my home.

I was told nothing could be done because it was a third-party call, and I had supposedly authorized it. The phone company would not listen to reason but gave me an address to write to and explain, which I did immediately.

I never heard a thing, but each month the charge, which I refuse to pay, carries over. I've always had excellent credit and would like this matter cleared up. Ethel Woodworth

Response: Thanks for letting us know that your latest phone bill no longer reflects this charge.

* * *

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, (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