Availability of advertised specials

By NANCY PARADIS

© St. Petersburg Times, published May 30, 2000

We needed a new electric stove a month ago and fancied the Whirlpool advertised by Apsco Appliance Centers in your paper for $299. Not only is this item not available in the Clearwater store, it cannot be had for this price.

Why does it repeatedly appear in the newspaper ad? How many other articles are also not available at those prices? Richard Allard

Response: Louis Blom, manager of Apsco Appliance Centers in Clearwater, said he would like to know the name of the salesperson who gave you this information. The unit in question was offered for a couple of weeks, he said, and is still on display at all Apsco locations. If it is out of stock, it can be ordered and available within five to 10 days. Apsco salespeople do not work on commission, he said.

If you still want this particular stove, Blom asked that you call him directly at (727) 537-5542.

A quick review of what the Florida Statutes have to say on the subject of advertising is in order. F.S. 817.41(5) prohibits retailers from knowingly advertising merchandise for sale without having sufficient quantities to meet the reasonably foreseeable demand "unless the fact of limited quantity and the approximate number of items is stated in the advertisement or unless the retailer provides a means by which the consumer may obtain the advertised item at the advertised price within a reasonable time or a value equivalent thereto."

There is no mention of a limited quantity in the Apsco ad you sent us, and Blom said the stove is readily available. As always, we urge consumers to read the fine print. Although this does not appear to apply in this case, it has been Action's experience that all sale items are not necessarily available in all stores in the case of large chains.

J.D. Marvel inquiries

I ordered mosquito repeller plants from J.D. Marvel on July 18. The company cashed my check for $30.75 on Aug. 6. I was supposed to receive my order in two to six weeks.

J.D. Marvel has had plenty of time to send my order, but I have never received a thing. I hope you can find out why it never sent the order. Audrey Stull

Response: We did not find out why you never received your order, but we can tell you that, according to a handwritten, unsigned note we received by fax from J.D. Marvel in Beaconsfield, Quebec, a refund check has been requested, and you should receive it toward the end of June.

However, we're curious, as well. Did you ever try to contact the company when your plants did not show up? Action receives a fair number of complaints against J.D. Marvel, most involving missing plants. The company has always made good with either a reshipment or, more generally, a refund.

We also have this news for John Wusick, who placed an order with J.D. Marvel on March 2. Your order was shipped mid-May, so you should receive it soon if you do not already have it.

A word of thanks will do

On Nov. 25, I signed up to have Sears paint my home. After agreeing to a price of $2,298, I stupidly signed all the papers without checking the figures.

The Sears card slip I signed was for $2,998. When I discovered the discrepancy, I started contacting Sears. Someone was always supposed to get back to me.

Finally, during the week of Feb. 20 someone did and said my paperwork had finally been found. On Feb. 28 I was told that a new contract would have to be written up and the $700 credited to my account.

I said I had paid off this account, closed it and sent the cut-up card back to Sears, and that all I wanted was my $700 back.

In April I received a credit card statement showing that I had a credit of $700 on the closed account.

I did not want to reactivate this account, so I turned to you. You accomplished in less than a month what I had been fighting for several months.

I don't know if you are allowed a monetary show of appreciation, so I'm taking a chance and enclosing a check for $70. Buy a pizza lunch for Action's staff or have a few short beers or donate it to your favorite charity. You do have my undying thanks for a load off my mind plus the money that I really needed. Jeanne Porter

Response: We appreciate the thought behind your gift, but the St. Petersburg Times does not allow its employees to accept gifts, cash or otherwise, and we are returning your check to you. We do like hearing from readers when we have been successful and knowing that we have made a positive difference. Thank you for your gesture.

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, 893-8171, or, outside of Pinellas, (800) 333-7505, ext. 8171, to leave a recorded request.

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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