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Letters to Tim
Earth Baby

Tim,

I placed an order on Vashon-based earthbaby.com on July 28th, and the money for my baby shower gift was promptly debited from my checking account.

However, so far my friend has not received her gift. I spent $23.90 on the items that I ordered, and I'm furious that the order hasn't been fulfilled.

Samantha

Tim's Answer

Samantha,

I have made several attempts to contact Earth Baby by telephone and email to get their side, without success.

I have no idea what their situation is. I do know that the web site has been up for less than one year and a quick search indicates that whatever problems they are having are recent, as I found no other complaints on the Internet.

The good news for you is that you can get the charge reversed on your Washington Mutual Check Card. This is because when you use it on the Net it works like a Visa credit card. With a credit card purchase you have 60 days from receipt of your statement to dispute an item and have it reversed and charged back to the vendor. The dispute can initially be made by phone but must be followed up in writing to protect your rights.

In your dispute letter you can point out that Earth Baby is in violation of the FTC mail order rule. The rule states that if the vendor can't deliver the order in the promised time period (In their case 10 days) they have to contact you with a new delivery date. At that time you have the choice to accept the new date or cancel the order and get a full refund.

Tim

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