Shopping From Home - Learn how to protect yourself!

WARNING! Use caution and know your consumer rights before doing business long-distance with shop at home networks on the phone, through the mail or over the Internet!

Ordering products and services from companies in other states, or countries, from the comfort of your own home is very convenient but can also be very costly - here's what you should know about home shopping before proceeding!

1. Consumer Rights
2. Shopping by Mail
3. Telemarketing
4. Youth Peddling
5. Cancellation Rights
6. Tips to Avoid Fraud or Scams
7. Sweepstakes
8. Charities
9. Reporting Fraud
10. Shopping On-line
11. On-line Auctions and Private Sellers
12. Reducing Unwanted Mail, Telephone or On-line Solicitations

Up 1. Consumer Rights

When you order something by mail, phone, fax or computer, the Federal Trade Commission Mail or Telephone Order Merchandise Trade Regulation Rule requires companies to:

• ship merchandise within the time promised or, if no specific delivery time was stated, within 30 days of receiving your order;
  
  
• notify you if the shipment cannot be made on time and give you the choice of waiting longer or getting a refund; and
  
  
• cancel your order and return your payment (or credit your account if you charged the purchase) if the new shipping date cannot be met, unless you agree to another delay.

If you applied for a charge account with the merchant at the same time that you placed your order, the company has an extra 20 days to ship merchandise to allow time for processing your credit application.

However, this rule only applies to the first shipment of magazine subscriptions and other merchandise that comes repeatedly. It does not apply to orders for services such as photo finishing, sales of seeds and growing plants, collect-on-delivery (C.O.D.) orders, and transactions covered by the FTC Negative Option Rule, such as book and music clubs.

Additional laws or regulations may exist in your state that apply to orders by mail, telephone, fax or computer. Contact your state or local consumer protection agency for specific information.

Up 2. Shopping by Mail

It is illegal to use the mail as part of a plan based on fraud or misrepresentation to steal money. This includes:

• sending solicitations to consumers;
  
  
• receiving consumers' payments;
  
  
• transmitting information from one company location to another;
  
  
• using private or commercial interstate delivery services, including to send lottery solicitations or tickets across state lines or from another country into the United States; and
  
  
• sending mail that looks like it's from a government agency when it isn't, or
  
  
• that looks like an invoice when nothing was ordered, unless it clearly states that it is not a bill but only a sales solicitation.

For more information, contact the U.S. Postal Service at

Office of Consumer Advocate
U.S. Postal Service (USPS)
475 L’Enfant Plaza, SW Room 5801
Washington, DC 20260-2202

or call

202-268-2284
Toll free: 1-800-ASK-USPS (1- 800-275-8777)
TTY toll free: 1-877-877-7833
www.usps.gov

or visit their website at www.usps.gov

For consumer convenience, all post offices and letter carriers have postage-free Consumer Service Cards for reporting mail problems, or for submitting comments and suggestions.

Up 3. Telemarketing

The FTC's Telemarketing Sales Rule requires telemarketers to:

• disclose the total cost and other terms of sale before you make any payment for the goods or services;
  
  
• tell you if they don't allow refunds, exchanges or cancellations;
  
  
• provide the odds of winning a prize, inform you that no purchase is necessary, and tell you how to get instructions for entering without buying anything; and
  
  
• provide the seller's name, disclose that it's a sales call, and tell you exactly what they're trying to sell.

It's illegal for telemarketers to:

• misrepresent what they're offering;
  
  
• call before 8 a.m. or after 9 p.m.;
  
  
• threaten, intimidate or harass consumers, or call again if you ask them not to; or
  
  
• request advance payment to help repair your credit record, recover money you lost to other telemarketers, or help you get credit or loans.

This FTC rule applies when you:

• receive a call from a telemarketer in another state or country or
  
  
• make a call to a company in another state or country in response to a mail solicitation.

The FTC rule does not apply:

• when you call to order from a catalog or in response to an ad on television or radio, or in a magazine or newspaper (with some exceptions);
  
  
• to solicitations you received by fax or computer for goods or services; or
  
  
• to certain types of businesses, including nonprofit organizations, investment brokers and advisors, banks, and financial institutions

Additional Protections under the Telephone Consumer Protection Act, Federal Communications Commission rules limit telemarketing calls to between 8 a.m. and 9 p.m. and require telemarketers to maintain "Do Not Call" lists of consumers who have asked not to be called again.

FCC rules also prohibit:

• automatic dialing machines and prerecorded voice message devices from calling emergency phone lines, guest or patient rooms in a hospital, nursing home or similar establishment, paging or cellular phone numbers or
  
  
• any service for which the person called will be charged for the call;
  
  
• prerecorded voice message devices from calling residential phone lines unless it's an emergency or the person being called has agreed in advance;
  
  
• unsolicited advertisements from being sent by fax to either a residence or a business; and
  
  
• prerecorded calls using automatic dialing machines from tying up your phone line for more than 5 seconds (or 25 seconds depending on your local telephone exchange) after you hang up.

These FCC rules apply no matter whether the calls are made within a state or between states. Some states have registration and other requirements for telemarketers who solicit their residents. Check with your state or local consumer protection agency.

WARNING! While federal and state laws may apply if a consumer in the U.S. deals by phone, mail or computer with a company in another country, it may be difficult to pursue claims. Be especially careful in cross-border transactions.

Up 4. Youth Peddling

WARNING! For-profit companies, selling themselves as programs to help youth, are scamming consumers who believe they are giving money to legitimate charities.

These companies recruit young people to sell price-inflated goods because consumers tend to show good will toward young salespersons and anti-drug and youth empowerment programs. (See charities.)

• If you are solicited by youth selling items like candy and magazine subscriptions door-to-door, ask for identification verifying the name, address and purpose.
  
  
• If the representative can't provide the information, ask them to leave. Report suspicious people to your local police department and or contact your state labor department (child labor division).
  
  
• • If you are satisfied with the information provided, don't feel pressured to make a purchase or contribution.

Up 5. Cancellation Rights

You have the following cancellation rights when shopping from home.

State and federal laws may give you the right to cancel purchases made in your home of $25.00 or more.

The salesperson must tell you about your right to cancel the sale and give you two dated copies of a cancellation form showing the salesperson's name and address and explaining your right to cancel.

To cancel, sign and date one of the cancellation notices provided to you. Send the notice by certified mail before midnight of the 3rd business day following the sale; Saturday is considered a business day but Sunday and legally recognized holidays are not. Keep the other notice of cancellation for your records.

If you were not provided with a notice of cancellation form at the time of the sale, your three days don't start running until after you receive such notice from the seller. You may also write your own letter to cancel the order.

Once you have canceled you are entitled to a refund within 10 days. The seller must also notify you of the date for product pick up, and return any trade-ins given as down payment.

Once you have canceled, the seller must pick up the product within 20 days. If the seller does not pick up the product or provide a refund, you can keep the product until the seller complies, without any payment obligation.

If you paid by credit card, canceled the contract within 3 days, have not yet paid the credit card bill and still have a problem getting a refund, dispute the charges with your credit card company.

You may not cancel if . . .

you signed any documents waiving your right to cancel;

you wait too long before you cancel; or

the product can't be returned in substantially the same condition in which you received it.

Up 6. Tips to Avoid Fraud or Scams

The most common problems you might encounter when shopping on the phone, online or by mail order are delayed delivery, out of stock items, incorrect items shipped, damaged items received and price changes.

To avoid these problems:

• Know who you are dealing with. If the company isn't familiar to you, check it out with your local or state consumer protection agency (see page 70) and the Better Business Bureau (see page 117).
  
  
• Keep records. Write down the company name, mailing address, web site, or e-mail address, phone number, description of what you ordered, date, amount you paid, how you paid (check, money order, charge, etc.) and how you delivered your payment (mail, courier service, provided credit card number on phone or online, etc.).
  
  
• Note the delivery period. Keep any advertisements or materials that show a specific delivery time, or write the delivery time in your records if one was promised.
  
  
• Keep track of your order. If it's late, it is your choice whether to wait longer or cancel. If you cancel, your money must be refunded within 7 days (or your account must be credited within one billing cycle if you charged the order). The company can't substitute a merchandise credit for a refund.
  
  
• When you use a credit card to pay for products or services, you have a right to dispute the charges if the items were not delivered or were misrepresented.
  
  
• Never send cash — you won't have any proof of payment.
  
  
• Be careful what information you provide. Give your credit card, debit card, or bank account number only if you're paying for a purchase using that account -never to verify your identity. Don't provide your social security number unless you're applying for credit or employment and you made the call. Using your personal information, crooks can steal from you and impersonate you to steal from others.
  
  
• Do not do business with an unfamiliar company whose only address is a post office box. The company may be nothing but a mail drop that will give you little or nothing for your money and will be difficult or impossible to locate if you later have a complaint.
  
  
• Be wary of requests to send your payment by private courier or wire service. The company may be trying to avoid detection by postal inspectors or to get your money before you have a chance to change your mind.
  
  
• Do not be taken in by lotteries, pyramid schemes, multi-level marketing schemes, or companies that ask for payment in advance, especially for employment referrals, credit repair, or providing a loan or credit card.
  
  
• Beware of recovery services. These scams try to take your last dime by falsely offering to get money back that you lost to a fraudulent scheme — for a fee.
  
  
• There is no charge for filing a complaint with a government agency.

Walk away or hang up when you hear the following:

• Sign now or the price will increase;
  
  
• You have been specially selected or You have won! All we need is your credit card (or bank account) number—for identification only, all you pay for is postage, handling, taxes;
  
  
• Make money in your spare time—guaranteed income
  
  
• We really need you to buy magazines (a water purifier, a vacation package, office products) from us because we can earn 15 extra credits;
  
  
• I just happen to have some leftover material from a job down the street;
  
  
• Be your own boss! Never work for anyone else again. Just send in $50 for your supplies and...;
  
  
• A new car! A trip to Hawaii! $2,500 in cash! Yours, absolutely free! Take a look at our...;
  
  
• Your special claim number entitles you to join our sweepstakes... or We just happen to be in your area and have toner for your copy machine at a reduced price.

Up 7. Sweepstakes

Don't pay if it's free or you have won. It's another danger sign of fraud if you are asked to pay a fee to get something free, claim a prize or win a vacation.

If you really won a sweepstakes, you pay taxes directly to the government, not through the company.

If you can't resolve your problem by working directly with the company, contact your state or local consumer protection agency for assistance

Report possible violations of FTC rules to that agency. FTC Complaint Form

Or if the order was placed by mail, report the problem to the U.S. Postal Inspection Service by calling 1-800-654-8896 or visiting their website www.usps.gov

While federal agencies don't usually act on individual complaints, this information helps them identify patterns of abuse and take appropriate action.

Up 8. Charities

• Give only to charities you know. Some con artists use names similar to well-known charities or pretend to be raising money for state or local law enforcement agencies.
  
  
• Ask for written information, including how much of the money raised is actually used for charitable purposes.
  
  
• Check with your secretary of state to find out if a charity is registered to solicit in your state. (See youth peddling)

Up 9. Reporting Fraud

Reporting fraud promptly improves your chances of recovery and helps law enforcement authorities stop scams before others are victimized.

Start by contacting your state or local consumer agency for advice and assistance. Report suspected violations of FTC rules to the FTC Consumer Response Center, Washington, DC 20580, 1-877-FTC-HELP (382-4357) or go to FTC Complaint Form to file a complaint online.

For violations of FCC rules, send a letter, along with copies of bills, correspondence or other documentation, to FCC, Common Carrier Bureau, Consumer Complaints, Mail Stop 1600A2, Washington, DC 20554.

For mail fraud call the Postal Crime Hotline at 1-800-654-8896.

For advice about telemarketing fraud and to report it, contact the National Fraud Information Center operated by the National Consumers League, a nonprofit consumer organization. Call 1-800-876-7060 or visit the web site at www.fraud.org.

Up 10. Shopping Online

Shopping at home through the Internet is the wave of the future however, just like making a purchase at a conventional store, on the phone or by mail, you should fully understand the seller's policies and check out their reputation before you buy.

Making a Secure Purchase
Placing Your Online Order

Consider the following information before buying online:

• If the seller is unfamiliar, read more about the company, often found in a section on the website called "About Us."
  
  
• See if the seller has any reliable endorsement logos or seals on its homepage, such as one from the Better Business Bureau. (Of course, this is only an indication of the seller's reputability, not a guarantee.)
  
  
• You can check out how other consumers rated their shopping experience at many online stores at www.bizrate.com
  
  
• Check the methods and prices for shipping. A low sale price may no longer be a bargain after adding on high shipping charges.
• Read the seller's privacy policy so you understand how information about you may be used. "Opt-out" of additional mailings if you don't want to receive email or other offers.

Back Making a Secure Purchase

Some consumers are fearful about shopping online because they are afraid that their credit card number will be stolen.

The chances that your credit card will be misused are very remote, particularly if you transmit your number to the merchant in a secure manner. Most merchants use secure web sites, where your personal information is encrypted or scrambled, so that it cannot be easily intercepted. Do not send your credit card number by email as opposed to a secure order form. Emails are not secure.

You can tell if you are entering your personal information on a secure page of a web site if:

• A notice pops up on the screen alerting you to that fact;
  
  
• You see a closed lock or unbroken key in the bottom corner of your screen; or
  
  
• The first letters of the Internet address of the page you are viewing changes to "https".

If you still do not feel comfortable providing your credit card number online, many sellers allow you to either call or fax it to them.

Back Placing Your Online Order

To help make sure you receive the right merchandise at the price you want, be sure to:

• Understand if the product is new, used, or reconditioned.
  
  
• Compare the price of the product you are considering at a variety of online stores by using several shopping "bots,". A list of popular shopping bots can be found on the shopping page of www.consumerworld.org.
  
  
• Check if the product is in stock or how long a wait there is.
  
  
• After entering your order, check that the total price, including shipping and any taxes, is correct.
  
  
• Make sure that any special discounts offered or coupons used are properly deducted from your total before you finalize the order.
  
  
• Print a copy of your order confirmation screen, and check your email for any further confirmation.

Up 11. Online Auctions and Private Sellers

Many private sellers on the Internet offer items through auctions, online classified ads, newsgroups and chat rooms.

WARNING! Many state and federal consumer protection laws don't apply to private sales, and pursuing claims can be difficult, especially when you are in one part of the country and the seller is in another.

Auction sites on the Internet have become very popular. However, you may have to be even more careful in choosing one so that you do not become a victim of fraud.

Ask these questions before buying at an online auction:

• What are the rules of the auction?
  
  
• Can I cancel a bid?
  
  
• Is the seller a business or a private individual?
  
  
• How can I reach the seller if there is a problem?
  
  
• Is the merchandise used?
  
  
• Does the seller take credit cards?

Check out the reputation of the seller, particularly if it is a private individual. Some auction sites rate sellers, so be sure to check their past selling history. Or contact the seller's local Better Business Bureau or government consumer office.

Use an escrow agent if you don't feel comfortable sending money for merchandise before you've seen it. Such an agent only passes on your money to the seller after you receive and are satisfied with your purchase.

As in any auction, learn the value of the merchandise you are bidding on. That is the best way not to overbid, or to fall prey to an unscrupulous seller's use of "shills" to artificially raise the price.

If You Have a Problem...

In rare cases, the seller may have no intention of delivering the goods offered, may grossly misrepresent its products, or send you counterfeit goods such as pirated copies of software.

In these cases of fraud, notify the"

National Fraud Information Center at www.fraud.org and

The FTC at FTC Complaint Form.

For more information about shopping online, visit: www.safeshopping.org and Guide to Online Payments .

Up 12. Reducing Unwanted Mail, Telephone or Online Solicitations

• Tell telemarketers who call you to put you on their "Do Not Call" lists and note the call. If a telemarketer calls again, note of the date and report it to the proper authorities.
  
  
• Contact the Direct Marketing Association, which operates three free services to remove consumers from DMA members' telemarketing lists, mail lists and email lists.
  
  
• Tell companies you do business with, including those online, to remove your name from customer lists that they may rent or sell to other marketers.
  
  
• Look for information about how to opt out of marketing lists on companies' sales materials, order forms and web sites.
  
  
• Tell all marketers not to contact you again!

If you've fallen behind on your bills, especially credit cards, don't panic. You may have several good options available to you. Your success starts by assessing your current situation and finding a trusted service provider that is licensed in your state.
How iDebtAssistance.com Works:

• Find Your Customized Debt Solution
• Get Matched to an Approved Service Provider
• Start Saving and Get Out of Debt

Find out if bankruptcy is right for you: FREE Legal Evaluation

Rich's Enterprises, L.L.C., Prattville, Alabama
Privacy Policy | Sitemap | Resources | Legal Disclaimer | Search Site

Credit Cards >> Credit Laws >> Shopping From Home