Action: Slim chances for diet refund

On Sept. 16, 1999, I ordered a diet product from Shop From Your Home. I was told that if the product did not result in loss of weight or if I could not take it for some reason, I could return the unused bottles within 45 days and get a full refund.

I returned the product.

Since then, I have called several times asking for my refund. One time I was told the company was behind schedule but would get it to me. Another time I was told I would get a letter explaining why the refund was delayed. I never got the letter. The last time I called, I was told someone would get back to me. I've never heard from anyone. The amount I'm owed is $299. I would appreciate anything you can do. Ruth Eddy

Response: We received the following correspondence from attorney Neil J. Beller in Las Vegas:

"This letter is written on behalf of the above titled companies (Shop From Your Home/Wealth Through Health Investments Refund). As a result of an investigation and "raid' conducted by the Nevada attorney general's office, the companies were closed in February 2000 and any available funds seized. Nevertheless, the businesses continue to respond to customer inquiries and process refunds. Over $500,000 has been refunded.

"I assure you the companies are doing their best to protect their customers' interests; however, it is taking some time for funds to become available to honor the refunds in a timely manner. Numerous refunds are being processed and will be issued within the next 120 days."

The "raid" Beller mentions in his letter refers to a search warrant issued by the Nevada attorney general on Feb. 10 against the Las Vegas company Shop From Your Home, which specialized in the sale of diet pills. Nearly 1-million pages of documents and $40,000 were seized, said Matthew Gabe, assistant attorney general.

The warrant was obtained after a criminal investigation was triggered by a flood of complaints against the company to the Better Business Bureau, the Consumer Affairs Division and the Bureau of Consumer Protection. The main complaint was the failure of the company to provide refunds.

According to the Nevada attorney general's office, Shop From Your Home, which also operated under the names Doctors Wellness Network, Better Health Products, Wealth Through Health Investments and Doctor Golden's Weight Loss Laboratories, was operating a telemarketing "boiler room" with a sophisticated computer dialing system. The investigation and scripts obtained from former employees indicate that consumers were called and induced to buy diet pills by employees who cited false medical support and made outrageous claims for the products. One, called Fat Eliminator, was alleged to absorb all fat eaten, and consumers were told they could lose weight by eating pizza, fried chicken and french fries. The telemarketers presented themselves as weight loss consultants and indicated that they were calling from a licensed physician's office. They assured consumers that there was no risk because of the company's money-back guarantee.

Gabe said the investigation is in the discovery process and no charges have been filed. The attorney general's office encourages those who feel they may have been victimized by Shop From Your Home to file a complaint. Write to the lead investigator, Lamont Siller, Office of Attorney General, Bureau of Consumer Protection, 555 E Washington Ave., Suite 3900, Las Vegas, NV 89101; or call (702) 486-3777.

Item not ordered

About six months ago, I sent for information regarding Matchbox Collectibles. No price was included in the ad listed in the newspaper, so my purpose was to obtain more information before ordering. A short time later, I received the Matchbox collectible, a small trailer-type truck priced at $27.90. I did not think it was worth anywhere near the price quoted and returned it by mail with a letter explaining my feelings.

I am now receiving letters for payment for something I did not specifically order. The item was returned, so I do not feel I am responsible for payment. I would appreciate your help in this matter. James Tierney

Response: Thanks for letting us know that the flood of collection letters has stopped. We never heard back from Matchbox Collectibles in Glendale, Ariz., and hope this means your problem has been solved.

Federal law prohibits merchants from sending you merchandise you did not order and then demanding payment for it. You may consider unordered merchandise a gift and keep it. However, although we do not have a copy of the advertisement to which you responded, we suspect that by sending off for more information you agreed to receive the merchandise to preview, possibly with more collectibles to follow if you decided to keep and pay for it.

Here's what to do if you receive merchandise you definitely did not order. Even though it becomes a "gift," we nonetheless suggest that you write to the fulfillment center to let it know that you did not order the merchandise and are exercising your legal right to keep it. Send it certified, return receipt requested, in the event you ever need to prove that you contacted the company.

If you accidentally did order the truck by the mere fact of asking for more information, you did the right thing by returning it. However, had you sent it certified, merchandise return receipt requested, you would have had proof of its return.

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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, 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. Please send only photocopies of personal documents. If your complaint concerns merchandise ordered by mail, we need copies of both sides of your canceled check. 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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