Action: Store need not state return policy

I purchased a Bombay chest from a furniture store in April via a phone order. I had been in the store the day before and saw the chest, which I thought was very lovely, although I was not sure if the size would be too large for the space in my home. The next day, I called the store and ordered it.

It was delivered a week later, and I immediately was able to tell that it was much too big for the space available in my home. I called the store while the delivery people were still in my home, but the store said "absolutely no returns." I was stunned, especially since I had never been informed verbally, nor signed an order sheet or contract, wherein this policy was stated. The store reluctantly agreed to take back the chest. I knew I would have to pay a return shipping charge, but the store then said there would be an additional restocking fee of $96.80.

My displeasure is that it never, in any way, made me aware of its "no return" policy. Then, when it picked up the chest, it not only charged $90 for a return delivery fee but added on a $96.80 restocking fee. Is it legal to charge these fees when there was no verbal or written notification of them? Thank you for your attention in this matter. Sue Walters

Response: As long as the refund policy is displayed in the store, it has complied with Florida law. Since you were aware that the item might not be acceptable, it would have been prudent to discuss the store's policy before ordering the chest. As for restocking fees, these are not at all unusual.

Voucher corrected

I purchased an airline ticket for $181.25 for my elderly aunt, who lived in Manhattan, to visit us for a month during the Christmas holidays. Unfortunately, my aunt was forbidden to travel by her physician due to a fall resulting in a concussion. Soon after, my aunt suffered from pneumonia and was hospitalized. I advised American Airlines of her condition on Oct. 11 and enclosed the airline ticket. I also advised the airline that my aunt, under advisement of her doctor, could never fly and would have to visit us in Florida by other means of transportation. I included a note from her physician.

I received a credit voucher from American Airlines in the amount of $106.25 in the name of my aunt, although the cover of the voucher had my name on it. I returned the voucher and cover to American Airlines stating that the voucher was in my aunt's name and could never be used by her since she was terminal, nor could I use it.

In the meantime, my aunt has died. Despite considerable telephone calls to American Airlines, I have not received a response from it, nor have I received a credit voucher in my name. Carole Byron

Response: We were glad to learn that this problem has been resolved.

Recent recalls

The following products, distributed nationwide and in Florida, were recalled between June 15 and 21:

About 4,300 remote-controlled race cars by Equity Marketing Inc.; problems with the circuits are rendering some of the cars inoperable. They can overheat and emit smoke and may pose a burn hazard. The cars are black, with a red 28 on the doors and roof and the Texaco logo on the hood. They were sold by participating Texaco gas stations May through June 1 for about $12 with any $10 purchase. Return car and remote control to the gas station where purchased for a refund, or call toll-free 1-888-747-4355 between noon and 8 p.m. weekdays for a prepaid shipping label.

About 1,000 chain saws by Stihl Inc.; a missing screw can cause the chain brake to fail to operate, presenting a hazard to consumers. Affected is model number 019T with serial numbers 249129398 through 249956311. Return to the Stihl dealer where purchased for repair. Call toll-free 1-800-467-8445, 8 a.m. to 5 p.m. weekdays.

About 780 child table seats by Inglesina USA Inc.; the seats were sold without a seat belt, posing a risk to children who climb out of the seat. Call toll-free 1-877-486-5112 between 9 a.m. and 5 p.m. weekdays.

6,509 convertible child seats equipped with an A-lok assembly by Century Products; the harness adjustment locking mechanism may allow the harness webbing to slip through the device during a serious motor vehicle collision and the child may not be properly restrained, possibly resulting in serious injury or death. Affected are certain Encore, Bravo, Accel and Smartmove seats manufactured between April 9 and May 10. Call Century toll-free at 1-800-575-6097 or the Auto Safety Hotline toll-free at 1-888-327-4236. Web site: http://www.nhtsa.dot.gov.

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Sources: SafetyAlerts at http://www.safetyalerts.com; Consumer Product Safety Commission at http://www.cpsc.gov, toll free 1-800-638-2772; Food and Drug Administration at http://www.fda.gov; government food safety information at http://www.foodsafety.gov.

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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.

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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