CONSUMER ALERTS

Shop wisely by phone or mail

Shopping by phone or mail can be a convenient alternative to going to the store—as long as you know how to steer clear of the risks. The New York City Department of Consumer Affairs (DCA) has a free online publication that provides valuable information on the federal laws that protect you when you make a purchase over the phone or by mail order.

The Federal Trade Commission (FTC) Mail or Telephone Order Rule protects consumers when they purchase goods by mail, telephone, computer, or fax. Under the Fair Credit Billing Act, consumers are guaranteed additional protection if they pay by credit card. 

Before you place your phone or mail order, DCA offers this advice:

• Check that the company you’re dealing with provides a street address—not just a post office box number—in its catalog or sales literature. Otherwise, you may not be able to locate the company if you encounter  problems with the merchandise or service you bought, or if you don’t receive your delivery.

• Find out the company’s refund and return policies, and be sure of a product’s availability.

• Total up the cost of your order, including shipping and handling charges and additional taxes.

                 
Under the Federal Trade Commission Rule, a company must ship your order within the time stated in its ads. If no time is specified, the company must ship your order within 30 days after receiving it. If the company is unable to ship within the required time, it must give you an option notice, which offers you the choice of agreeing to the delay or canceling the order and receiving a prompt refund. The only exception to the 30-day provision is if a company does not guarantee a shipping date, and you apply for credit to pay for the purchase. The company has 50 days to ship the goods from the date it received the order.
    If you use your credit card to make a purchase, the Fair Credit Billing Act offers additional protection. This Act makes it easier to challenge billing errors and dispute charges for unsatisfactory goods or services. If you find a billing error on a monthly credit account statement, such as for an incorrect amount or a product that was not delivered, you may dispute the charge and withhold payment while it is investigated.
    Similarly, if you are dissatisfied with a product of service you have received, you can also dispute the charge and withhold payment on the disputed amount while it is investigated. Refer to the DCA’s publication at http://nyc.gov/html/dca/downloads/pdf/Shopping.pdf for step-by-step information on the procedures for taking advantage of the federal law’s protection.
    Direct complaints about non-delivery of merchandise from out-of-state companies to:      

    Consumerline, Direct Marketing Association
    1111 19th Street, NW, Suite 1100
    Washington, DC 20036
   
    Or you can contact your state’s attorney general’s office.
    For more useful information on protecting yourself while shopping by phone or mail, read the entire free online publication at  http://nyc.gov/html/dca/downloads/pdf/Shopping.pdf.