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Letters to Tim
Sewing Machine Fraud

Dear Sir,

I just wished your site had been found before I met the Sewing Machine group! I have been dealing with a Sewing Machine Company, in New Jersey, and it has not been the most pleasant experience.

Please, allow me to elaborate: We, my girl friend and I, went to one of their 'cancelled school order' demonstration/sale of sergers and sewing machines. Well, silly us, we bought! I bought two, she purchased one. The purchase was on Saturday, 10/18/2003.

An express mail letter, return receipt requested, notifying the Dealer of our cancellation of purchase was sent on 10/21/2003 and received on 10/22/2003. One of the letters, from the Dealer, says that "This notice of cancellation is not within the three day law since its been four days when we received the letter. A phone call does not authorized (sic) a return." Of course, the company is counting Sunday as a business day.

During the demo, we were told there is a web site to order supplies from...NOT! When I contacted the company (10/20/2003), she said they 'had just gotten their computer'. We were told there was a help line. When the toll free number was called, on Sunday (10/19/2003), a recorded message informed us about their 'business hours'.

During the demonstration, there were two sewing machines on display. The demonstrator used the $249.00 model. The advertised $199.00 model was just sitting there and was never used in a demo. During the demo, his movements and actions were so fast...like a slight of hand artist of the old days. The machine looked like it could do every thing but sing and dance as he worked his magic!

Of course, the 'serger' was merely a cutting apparatus that somehow got attached to the sewing machine and cost an additional $15.00 or $16.00!! There were no instructions in the manual for using this attachment.

We were not given any information regarding the FTC's Cooling Off Rule regarding despite the big purchase price. When we called the Dealer, informing them of the dissatisfaction with these machines, my friend was advised to return everything to them...which we did. We are now in the process of trying to get our money back!

My most recent letter from this organization, states that a 25% restocking fee was kept because of incorrect packaging of the returned item. I never touched the sewing machines; they were returned as they were received at the time of purchase! I did remove staples from the top of the box so that I could insert a letter and cutter into the box.

My friend attempted to use the machine she purchased and repacked it for shipping. She was refunded the entire amount. The Dealer is refunding $10.00 shipping/machine. Actual cost of shipping, with insurance, for the 2 machines I purchased was $24.65 & $26.05!

Of course, there is the additional cost of the express mail letter of $15.40!

I have sent letters to the BBB, in New Jersey, regarding this organization. I will be contacting the state of Pennsylvania AG regarding this nightmare. To think that these unscrupulous vendors can continue to 'sell their wares' is just amazing!

If you would like the flyer that was received, I would be glad to forward it to you! Thank you for allowing me to vent!!

How I could have been so stupid is beyond me but I sure have learned my lesson...expensive though it may be.

Have a great day!

KC

Tim's Answer


KC,

I’ll start by addressing the end of your letter first. You’re not stupid! The pitch that is used for this scam is very good and has ripped off thousands and thousands of consumers for Millions of dollars. I have interviewed a number of conmen and they all agree on one thing “ a stupid person is extremely hard, if not impossible to con” so don’t feel too bad.

Now back to the beginning of your letter.

The Federal Trade Commissions (FTC) cooling off period doesn’t totally apply in your case, as you were not given the Three Day Notice at the time of sale. You are right that Sunday is not counted as a business day, when applying the three day rule, additionally the three days are for the consumer to send in the notice of cancellation. It has nothing to do with when they receive it; it could be a week later and would make no difference.

The Sewing Machine Company is not responsible for the Express Mail cost you incurred, as that was your decision to send it that way, when you could have used cheaper alternatives available at the post office. They were however responsible for arranging for the return and prepaying for it. If they had failed to pick up the machines within twenty days after receipt of the notice of cancellation, you could have charged a reasonable storage fee until they were picked up. I believe $5.00 a day would be reasonable.

The restocking fee they are charging is an illegal charge under the FTC Three Day Rule.

You didn’t say how you paid but if it was by credit card then you have additional rights. You have sixty days from the time you receive your statement with the charge on it to register a dispute with the credit card company. The process can be started with a call to the credit card company but must be followed up with a written complaint. The address to send your complaint and an explanation of your rights can be found on the back of your credit card statement. This also applies to an ATM card if it has a Visa or MasterCard logo and was run through as a charge rather than an ATM debit.

Filing a complaint with the Pennsylvania Attorney General was a good idea. You should also file a complaint with the FTC @ http://www.ftc.gov. Filing with the Better Business Bureau (BBB) is a total waste of time. The BBB is a Paper Tiger with no enforcement powers.

Please send me the ad as well as copies of the correspondence from the Dealer.

Good Luck Let Me Know The Outcome

Tim

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