Kevin Hunt 2016-11-21 02:14:32
Feeling Unfulfilled by Online Ordering?
This might come as a shock to those spoiled by Amazon’s shopping experience, but not every item ordered from every online retailer is shipped just as promised.
Some people get stiffed.
A lot lost their shirts, literally, as the Connecticut Better Business Bureau recently announced an investigation into The Nerd Cave of Seymour for failing to deliver merchandise ordered, and paid for, online.
The business, owned by Igor Dviniatin, sells “limited-edition” pop culture T-shirts from what appears to be a still-active website (thenerdcave.com). There’s no doubt, however, that online inventory passes the nerd test with T-shirts like “Property of Arkham Asylum Psychiatric Hospital” — a reference to the fictional den of the criminally insane in the Batman comics and movies.
The Better Business Bureau said it received more than three dozen complaints from 24 states about The Nerd Cave in two months. The state Department of Consumer Protection is also reviewing complaints against the business. (Legislative Director Leslie O’Brien, acting as DCP spokeswoman, says the agency cannot comment during an active investigation.)
Dviniatin, listed as the The Nerd Cave’s principal owner since the business was registered with the state in March, did not return calls from The CONNsumer.
Getting your money back, or merchandise delivered, from an unfulfilled online order is not as easy as calling your credit card company. But it’s a start. Always use a credit card or other protected payment like PayPal, and never a debit card. Using a debit card online is like unprotected sex — you’re taking a risk.
If the online retailer is out of state, the DCP cannot help. Instead, look to federal regulations for protection. The Mail, Internet or Telephone Order Merchandise Rule, administered by the Federal Trade Commission, protects the consumer from shipping delays of more than 30 days. As the rule’s name suggests, this covers any mail, phone, fax or online order.
The law requires online sellers to ship within the promised time. When an order with your name, address and payment is received, they must ship the merchandise within 30 days.
The seller must notify you if there’s a delay. You can then accept the new delivery date or receive a refund.
If you do not respond and the delay exceeds 30 days, the seller must cancel the order and give you a refund.
“If the company misses the 30-day rule,” says the Connecticut Better Business Bureau’s Howard Schwartz, “the consumer is entitled to that refund with no questions asked within one credit card billing cycle. There was no disclosure about this to the [Nerd Cave] customers.”
The Fair Credit Billing Act, which protects you from unauthorized charges when a credit card is stolen or lost, also offers protection from unfulfilled orders. This decades-old federal regulation still contains archaic restrictions — the purchase, $50 or more, must have been made either in the buyer’s home state or within 100 miles — but credit card companies routinely overlook them.
Write to the credit card company at the address for billing inquiries, not the address for mailing monthly balance payments. Include your name, address, account number and the description of the transaction. Make sure the letter reaches the credit card company within 60 days of receiving the first bill with the contested charge.
If you used a credit card through PayPal, also check the PayPal Purchase Protection that guarantees a full refund if the merchandise does not arrive or is “significantly” different than described. Contact the seller first, then escalate to a claim if the dispute has not been resolved within 20 days.
So what happens when a credit card or debit card is lost or stolen? Credit card users cannot lose more than $50. A debit card user’s maximum loss depends on the amount of time before the loss or theft is reported: $50 within two business days, $500 after two business days and potentially unlimited liability more than 60 days after first receiving a statement with an unauthorized charge.
“The important thing is that consumers don’t wait too long if there is a problem with the vendor or the merchandise,” Schwartz says.
The Nerd Cave responded to some complaints, says the Better Business Bureau, but more than a dozen remained unresolved as of this writing.
“You’re not going to save any money by clicking to an unfamiliar site for the lowest price, if your purchase arrives late, or not at all,” says Schwartz.
Send your consumer complaints, concerns and tips to CONNsumer@connecticutmag.com.
WHERE TO FILE A COMPLAINT
FEDERAL TRADE COMMISSION
ftccomplaintassistant.gov, 877-382-4357 (about a company, organization or business practice)
STATE DEPARTMENT
OF CONSUMER PROTECTION
ct.gov/dcp, 860-713-6300, 800-842-2649
STATE ATTORNEY GENERAL’S OFFICE
ct.gov/ag, 860-808-5420
CONNECTICUT BETTER BUSINESS BUREAU
bbb.org/connecticut, 860-740-4500
Published by New Haven Register formerly 21st Century Media Newspapers . View All Articles.
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