Dear Ben: To say I'm ticked off would be an
understatement. I saw a deal advertised in the paper six weeks
ago that I couldn't pass up and I bought (what I thought) were
ten new digital cameras for Christmas gifts at Fry's Electronics
in South Arlington. When I got them home and my wife started to
gift-wrap them a couple of weeks later, it was then we (she,
actually) discovered that four of the cameras weren't brand new.
They had been re-packaged and placed back on the shelves for
sale. I hadn't noticed the (small) stickers on the box that
(stating they'd been re-packaged) because you're not allowed to
actually handle items being purchased until you get to the check
out counter. (They do this to control theft because of the size
of the item.) I went back to the store and got the run around
from the manager, even though I had the original receipts. Since
they didn't have any more of these cameras (at this price)
brand-new in the box, I had to go to their only other
location-all the way in Garland. Once I got there it took
another hour and forty-five minutes of haggling with the store
manager until they finally honored the original sale price. The
two morals of the story? Always closely inspect all merchandise
before you leave the store to make sure you're getting what
you're paid for. And never settle for less than what you
deserve! (Never take no for an answer!!!)
Tom Parsons, Publisher-BestFares.com
Dear Tom: Good points...now let me add a couple
more. Anytime a product has been returned by a consumer and is
then re-packaged and returned to inventory, retailers are
obligated to clearly tag the merchandise and fully disclose
this. According to Thomas Kelley from the Office of the Texas
State Attorney General:
"Section 17.46(7) of the
Business and Commerce Code (deceptive trade practices) states:
It is a violation of the DTPA to represent "that goods are
original or new if they are deteriorated, reconditioned,
reclaimed, used, or secondhand." This is a disclosure
issue. If a store is doing this, it should be noted on the
package. Consumers wishing to file a complaint with the Attorney
General's office can call us toll-free at
(800) 621-0508,
or file on-line at
www.oag.state.tx.us
and click on the "consumer protection" button.
I personally visited the Fry's Arlington location and
immediately spotted tags on previously sold merchandise that was
available for sale, so they definitely appear to be conforming
to state disclosure laws. Unfortunately, my attempts to contact
their corporate office through their website went ignored for a
couple of weeks, so I contacted their corporate offices in San
Jose (California) and kept being referred to a spokesman that
never returned my call. The "gatekeeper" for company
president Randy Fry wouldn't even take a message and their legal
department also refused to talk to me.
It
seems rather odd that they wouldn't want to discuss their
policies regarding the sale returned merchandise, doesn't
it?
Dose of Dover For The Week:
My old friend and DFW Airport spokesman Ken Capps wants to
remind everyone that Christmas came a couple weeks early thanks
to the FAA's allowing
almost
3,000 "close-in" parking spaces to re-open for
the first time since September 11, 2001. DFW Airport's also
added some convenient and consumer-friendly (and affordable)
remote
parking lots costing as little as $5 a day.
The Express and Remote parking lots feature new Guest Assistance
Patrols...they provide free vehicle aid for motorists facing
dead batteries, lock-outs and flat tires. Check out my updated,
annual analysis of airport transportation and parking options
at:
www.bendover.com/parking.asp.
And while you're at it, leverage today's technology when you
travel over the holidays or beyond! Since
American
Airlines is the biggest carrier out of
DFW, you'll want to save time by using their quick,
self-service
kiosks that'll let you skip the lines,
transact business and get a boarding pass through an easy to use
touch-screen interface. But the smart travelers use their
Flight
Status Notification feature; if you have a
pager or a cell phone, American's website will notify you hours
before departure or arrival of any flight delays or gate
changes. The price is right for this feature...
free!
Sign-up on their website:
www.aa.com/notify