January 22nd, 2008, 06:28 PM
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#136
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Distinguished Member
Join Date: Dec 2007
Location: N.W.
Posts: 1,689
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Quote:
Originally Posted by gym
After reading a few pages of this thread, I can't understand waiting over a year for anything, including a mail order bride, in a ferrari, that's called fraud. After a "reasonable" amount of time, you either return the money, or ship the merchandise. There is a certain amount of time that is considered reasonable, probablly ,90 days, that's ,90 , days after you were told you were going to recieve your stuff. If I were you guys, I would get on this guys case with the BBB, they have worked for me very well in the past, and get your holster from another source, something sounds fishey with this year or 2 year stuff. I waited a month or 2 or 3 even, from some of the top holster makers, "when a new model" gun would first come out, and was notified along the way with email, or phone call "before computers", but some of this stuff is just outrageous behavior.
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While I agree, it's not exactly fraud, it is however, something else that could get him in trouble:
FTC Mail or Telephone Order Merchandise Rule.
It applies to mail, telephone or internet orders...
The crux of the ruling:
Quote:
What is the Mail or Telephone Order Rule?
The Rule requires that when you advertise merchandise, you must have a reasonable basis for stating or implying that you can ship within a certain time. If you make no shipment statement, you must have a reasonable basis for believing that you can ship within 30 days. That is why direct marketers sometimes call this the "30-day Rule."
If, after taking the customer’s order, you learn that you cannot ship within the time you stated or within 30 days, you must seek the customer’s consent to the delayed shipment. If you cannot obtain the customer’s consent to the delay -- either because it is not a situation in which you are permitted to treat the customer’s silence as consent and the customer has not expressly consented to the delay, or because the customer has expressly refused to consent -- you must, without being asked, promptly refund all the money the customer paid you for the unshipped merchandise.
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I'm just throwing this out there for those of you that may think somehow this is par for the course. I hate this type of problem and I hope you can all resolve it some other way without having to resort to using the Feds.
Good luck whatever you do.
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