Better Business Bureau Advice and Information

The Better Business Bureau
Serving Northwest Ohio and Southeast Michigan
Regional Office: 3103 Executive Pkwy. Suite 200
Toledo, Ohio 43606

Based on BBB files, The Rosemary Company has a BBB Rating of A+. The Rosemary Company has been a BBB Accredited business since March 2003. This means it supports BBB's services to the public and meets our BBB Accreditation standards. Learn more here.

BBB CONSUMER E-LERT, March 26, 2006

“I KNOW THERE’S A LAW…” is a common statement we hear at the BBB. People assume that they have all kinds of rights, but many of the so-called “laws” they think protect them don’t even exist. As a result, they can get into serious trouble.

FOR EXAMPLE, we always hear the statement, “I know I have three days to cancel.” Consumers make expensive purchases, then go home and realize that they can’t afford the payments. No problem, they figure. “Everyone knows all contracts have three days to cancel.” That’s what they tell us, but they are astonished to discover that most contracts do NOT give three days. It is NOT a law, except in some relatively rare situations, such as a door-to-door sale where the amount exceeds $25, or a contract with a health spa (Ohio) or with a $500+ purchase at a hotel sale (Michigan). But buying most items at companies are not covered by any three-day law. You must ask and understand the company’s policies. If they allow you to cancel, it is because of their policy, not a law.

“I know there’s a law that I have the right to get my money back.” No you don’t! Returns and refunds are also company policies. Some sellers have generous return policies and others, especially specialty stores, have more restrictive rules for returns. And it is perfectly legal to have an “All Sales Final, No Refunds, No Returns” policy. The store is only required to post its policies.

A common complaint to the BBB: “I went to return this item and they won’t take it back. I discovered they had a sign, but it was on the side where I didn’t see it.” Stores should have the sign prominently displayed, but it is also your responsibility to ask and know about their policies. Common items not accepted for returns include special orders, monograms, BRIDAL dresses, auto parts, prom gowns, and seasonal goods. They don’t have to take back your St. Patrick’s Day purchases now unless their policy allows it.

Another common complaint: “I know the law says that verbal promises are binding.” You went to a used car dealer and now you are unhappy with the car. You hired a remodeler and now you feel he isn’t giving you everything you agreed on. When you complain to the BBB, we ask for your paperwork. “Well”, you tell us, “I didn’t get the promises in writing…but isn’t there a law that they have to honor their verbal agreements?” The actual answer is that verbal agreements CAN be enforced, but only if you go through the court system. And then you must PROVE what the salesman said. How can you do it? And often the contracts which you signed clearly state, “This contract contains all agreements. No other agreements exist outside of it.” Incidentally, getting outside agencies like the Attorney General, FTC, etc. to help you enforce verbal agreements is almost impossible. They will just tell you to get an attorney and sue. We can’t resist reminding you of one of the oldest sayings in law: “A verbal agreement isn’t worth the paper it’s printed on.”

“Isn’t it a law that a store has to sell an item at the price advertised, even if it is a misprint?” The short answer is, “no.” We see misprints occasionally. A new car for $20.99. A set of bunk beds for $9.95. A web site price for $200 in merchandise that goes into the “shopping cart” for $ 0.00. It happens. Newspapers and web sites make errors. But the laws on false advertising generally deal with “willful intents to deceive.” A single error, usually innocent and obvious, is clearly not a deliberate scam. You know that they really aren’t trying to sell a $4,000 HD TV for $40, right? Usually a store which gets caught in a misprint must post a conspicuous sign, run a correction in their next ad, and not repeat the error. In addition, some stores WILL honor misprints if the damage isn’t too severe. We saw one store that advertised car motor oil that was supposed to be $3 a can for 30 cents. They made the decision to sell it for 30 cents, with limits on quantities. And, of course, some consumers angrily called us because they wanted to buy a dozen cases at 30 cents a can and the store refused. They knew it was an error and were just trying to take advantage of the store. That isn’t ethical either.

However….if a store always seems to make convenient “errors,” week after week, then we may have a real problem. In the past, some retailers have made constant so-called misprints just to sucker consumers into their stores, where they refuse to sell the advertised specials but try to sell you more expensive items. If we can prove this is deliberate, they may be pulling the old “bait and switch” – which definitely IS against the law! If you see such conduct, please alert us. We need as many details as you can possibly provide. We love to expose false advertising….but honest mistakes are not scams.

Is there a law that will get you out of trouble? Don’t assume so! Most consumers don’t know the laws and can make assumptions which are embarrassing. Do your homework before you buy or sign a contract and ask questions.

And always make sure you are dealing with a reputable company. Check our web site and get their BBB report first. You might discover we have received other complaints against them that warn you about their questionable conduct. BBB reports are always free, and sometimes they are….priceless.

Dick Eppstein, BBB