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Author Topic: Anyone else refuse a BFL shipment?  (Read 3779 times)
EvilLizardApparel
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October 17, 2013, 06:06:31 PM
 #1

Well....

   
     After they stopped responding to the BBB regarding my refund request, and contacting the AG of their state and mine... They had the audacity to ship one of my Minirigs anyways. I just sent it right back.

Has anyone done the same? Accepting shipment would nullify any chance of a legal claim to a refund, as far as I've been informed.

Was it a hard decision for you, and how are you feeling about it?


BTW, making us agree to a "2 months or more" delay in April, is an "indefinite delay"...  Cool
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http://business.ftc.gov/documents/bus02-business-guide-mail-and-telephone-order-merchandise-rule

What a First Delay Option Notice Must Say

In seeking your customer’s consent to delay, the first delay notice you provide to the customer (the "delay option" notice) must include:

    a definite revised shipment date or, if unknown, a statement that you are unable to provide a revised shipment date;
    a statement that, if the customer chooses not to wait, the customer can cancel the order and obtain a full and prompt refund; and
    some means for the customer to choose to cancel at your expense (e.g., by providing a postage prepaid reply card or toll-free telephone number).
    the following information when you cannot provide a revised shipping date:
        the reason for the delay, and
        a statement that, if the customer agrees to the indefinite delay, the customer may cancel the order any time until you ship the merchandise.

...

When You Must Cancel an Order

You must cancel an order and provide a prompt refund when:

    the customer exercises any option to cancel before you ship the merchandise;
    the customer does not respond to your first notice of a definite revised shipment date of 30 days or less and you have not shipped the merchandise or received the customer’s consent to a further delay by the definite revised shipment date;
    the customer does not respond to your notice of a definite revised shipment date of more than 30 days (or your notice that you are unable to provide a definite revised shipment date) and you have not shipped the merchandise within 30 days of the original shipment date;
    the customer consents to a definite delay and you have not shipped or obtained the customer’s consent to any additional delay by the shipment time the customer consented to;
    you have not shipped or provided the required delay or renewed option notices on time; or
    you determine that you will never be able to ship the merchandise.

...

Why You Should Comply with the Rule

Merchants who violate the Rule can be sued by the FTC for injunctive relief, monetary civil penalties of up to $16,000 per violation (any time during the five years preceding the filing of the complaint), and consumer redress (any time during the three years preceding the filing of the complaint). When the mails are involved, the Postal Service also has authority to take action for problems such as non-delivery. State law enforcement agencies can take action for violating state consumer protection laws.

Apart from this, your failure to ship on time, or your failure to notify your customers promptly about delays and to obtain their consent to the delays, or your failure to make full and prompt refunds when your customers do not consent to delayed shipment, can adversely affect your business by discouraging repeat purchases. Accordingly, most businesses regard compliance with the Rule as simply good business practice.

...









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October 18, 2013, 09:03:43 AM
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Where does this stand right now? Do you still expect a full refund?

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southerngentuk
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October 18, 2013, 09:20:12 AM
 #3

I do think this is the way to go..

If everyone does this what option does BFL have other than to refund up until bankruptcy, to not refund or deliver is fraud.

What do we really have to loose ?

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October 18, 2013, 10:34:44 AM
 #4

Way to go!
 Which AG office would be the right contact MO or KS?

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October 18, 2013, 10:37:43 AM
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I do think this is the way to go..

If everyone does this what option does BFL have other than to refund up until bankruptcy, to not refund or deliver is fraud.

What do we really have to loose ?
I am sure quite that FTC has received lots of complaints through their online form. I doubt they have acted upon them.

Looking to review Bitcoin / Crypto mining Hardware.
EvilLizardApparel
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October 18, 2013, 02:26:11 PM
 #6

Way to go!
 Which AG office would be the right contact MO or KS?


The BBB told me MO, but I contacted Kansas also because that's where they are conducting most or all of their actual business. Can't hurt to do both. As it stands, the Federal Guidelines supersede/nullify anything agreed to, to the contrary, in a contract with a business. BFL can't dictate rules that go against Federal Rules, even if you signed a contract. I have been informed I am legally entitled to the refund, now it's just a matter of calling the AG's everyday and keeping then moving at a steady pace. Being able to tell them I already have FTC tickets open when I call helps also Smiley
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