Question:
hi! i’m in need of a little assistance. i was buying my first SLR camera back in early march. i picked out broadway photo out of the march issue of popular photography. you can read all about what happened from my earlier post at http://www.photoshopper.com/forum/35mm/30811.html. the bottom line is that they pulled a bait and switch on me a few minutes before the closed and i figured out they were trying to sell me crappier lens for more after i got off the phone. i called back to change my order immediately the following morning and was told my order already shipped (i found out later that was a lie). they told me to "take it easy" and call back on monday and to "give the camera a try, you’ll love it!" i was smart enought to take advice from a newsgroup and refused shipment on the package. unfortunately, the company is trying to stick me with about $60 worth of shipping and restocking fees. i contested the charge with my credit card company, but they said there isn’t anything they can do and that "the merchant is under no obligation to credit shipping, handling, and/or restocking fees when orders are returned or canceled." i thought that they would not bill me because of the "bait and switch." now what do i do? i just filed a complaint with the new york city consumer affairs office. i thought i might also write popular photography and try to get them to put pressure on broadway photography to refund my shipping and restocking fees. do you have any other ideas? anyone out there familiar with new york consumer law? i’m no lawyer, but according to the law at http://www.findlaw.com/11stategov/ny/nycl.html, i should be able to not owe the company anything. any help or suggestions is most appreciated. i’m avowed to fight this matter until the bloody end! john
Response:
– Hide quoted text — Show quoted text – Don’t forget to run this up the chain of command at the credit card company. There are way too many credit card companies that want your business to settle with one that does not service you when you need it. Good luck. Your credit card company are the ones not backing you here and they should. Put in a letter exactly what happened, including the conversations in the initial order to Broadway, the subsequent callback to cancel, and include time and date of everything and send it to the credit card company and copy to Broadway Camera and a copy to Consumer Affairs. If you did not accept and verify terms with Broadway Camera and especially if they truly lied about the shipping then you had every right to refuse shipment and any good credit card company should protect you. Good advice. Detail the trasnactions clearly and do it chronologically. Then send it registered or certified (i.e. a signed receipt) with copies to Broadway, Popular Photography and your local consumer office. Pierre And the New York State District Attorney’s office "Consumer Fraud
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Response:
Don’t forget to run this up the chain of command at the credit card company. There are way too many credit card companies that want your business to settle with one that does not service you when you need it. Good luck.
– Hide quoted text — Show quoted text – Your credit card company are the ones not backing you here and they should. Put in a letter exactly what happened, including the conversations in the initial order to Broadway, the subsequent callback to cancel, and include time and date of everything and send it to the credit card company and copy to Broadway Camera and a copy to Consumer Affairs. If you did not accept and verify terms with Broadway Camera and especially if they truly lied about the shipping then you had every right to refuse shipment and any good credit card company should protect you. Good advice. Detail the trasnactions clearly and do it chronologically. Then send it registered or certified (i.e. a signed receipt) with copies to Broadway, Popular Photography and your local consumer office. Pierre
Response:
i contested the charge with my credit card company, but they said there isn’t anything they can do and that "the merchant is under no obligation to credit shipping, handling, and/or restocking fees when orders are returned or canceled." i thought that they would not bill me because of the "bait and switch."
You played this card badly. Luckily, you can play it again! "I did not authorize this charge." If everyone does this, these scum go away. Earl F.
Response:
Your credit card company are the ones not backing you here and they should. Put in a letter exactly what happened, including the conversations in the initial order to Broadway, the subsequent callback to cancel, and include time and date of everything and send it to the credit card company and copy to Broadway Camera and a copy to Consumer Affairs. If you did not accept and verify terms with Broadway Camera and especially if they truly lied about the shipping then you had every right to refuse shipment and any good credit card company should protect you.
Good advice. Detail the trasnactions clearly and do it chronologically. Then send it registered or certified (i.e. a signed receipt) with copies to Broadway, Popular Photography and your local consumer office. Pierre
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