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Dell promo cards aren't gift cards

Posted by Mitch Lipka January 7, 2013 02:15 PM

Q. I am looking for help with an issue about gift cards. I recently purchased a computer from Dell and as part of the purchase they sent me what they call “Promotional eGift Cards.” The terms of the gift card say that “Available funds expire 90 days from the issuance date (except where prohibited by law).” My understanding has been that under Massachusetts law, gift cards are not allowed to expire, so I did not worry too much about the expiration. Now, when trying to use them, I am being told that they funds are gone and nothing can be done to reinstate them. I asked to speak to a supervisor and was told the same thing. Is there any way to get the money back?

Gaurav Khanna, Gardner

A. This is a confusing one indeed. Kind of like a riddle, really.

What calls itself a gift card, but really isn’t one? A promotional eGift card.

Companies offer incentives like this all the time to try to keep customers spending. Some offer real gift cards. But, in this case, they’re not what they seem.

“Just calling something a gift card does not make it a gift card,” according to the folks at the Massachusetts Office of Consumer Affairs. To qualify as a gift card – the kind whose value can remains forever – someone actually has to put real money on it. In this case, the promotional cards, while confusing in name, were essentially just short-term discounts. They are not subject to the same rules as gift cards.

It would have been another story entirely had you or someone else had purchased the gift cards and the company didn’t honor them. But these are clearly marked with expiration dates, and the terms that apply to these promo cards are posted to the company website.

Dell, which didn’t comment, sets the terms of its offers and, as inappropriately named as they may be, these promotional eGift cards are really nothing more than expired coupons. Sorry for the bad news.

Return policies can vary widely; know what you're dealing with to avoid problems

Posted by Mitch Lipka January 2, 2013 12:45 PM

Q. My 13 year old daughter and her friends were shopping at the Burlington Mall looking at iPhone cases at the Street Talk kiosk. The sales lady subjected her to an aggressive sales pitch and my daughter ended up purchasing a case worth about $1 and a screen protector worth about 2 cents for $40. As soon as she paid, she changed her mind because she never really wanted the case and protector, but felt pressured. Consequently, she asked for her money back. She was told she could only exchange the items for something else and could not get her money back. It is true that the receipt says “no refunds” at the bottom, but that important piece of information should have been clearly stated verbally by the salesperson at the time of the transaction, or there should have been a prominent sign at the checkout counter.

Vilnis Kreismanias, Reading

A. What an unfortunate way for a young consumer to learn not all stores are created equal when it comes to returning items.

Massachusetts law is pretty clear on the issue of returns. Sellers can set whatever policy they’d like as long as it is clearly and prominently disclosed prior to the sale taking place. That means a note on a receipt is not acceptable as a disclosure, since that comes after the purchase.

I was unable to reach anyone by phone at the Street Talk stand in the Burlington Mall, but folks at their corporate office were quick to respond. Street Talk’s Nahum Zak said, generally, the company’s outlets allow exchanges for seven days after the purchase, but not returns.

However, he apologized for the situation and promised your daughter would both receive a refund and get a $50 merchandise credit. “We are a family business that pride ourselves on our customer relationships and will do whatever is in our power to ensure a positive customer experience,” Zak said.

When you’re buying, be clear on what will happen if you bring back the product. If there’s no posted policy and you get hassled, contact the Massachusetts Office of Consumer Affairs and Business Regulation.

May you all have many happy returns.

Vacation troubles and how to handle them

Posted by Mitch Lipka December 24, 2012 02:02 PM

Q.My wife and I booked a trip to Aruba to celebrate her 60th and my 65th birthdays, and our 10-year wedding anniversary. The AAA travel agent recommended the hotel, as we knew nothing about the island and we paid extra for an oceanfront room. But we ended up in a room overlooking noisy air conditioning units. After we returned, I complained to the travel agency and AAA about the hotel and they offered a $300 credit toward our next trip booked through them. Any help in retrieving the money that we paid for a vacation that was so disappointing would be really appreciated.

Fred Beyroutey, Leominster

A. When you book with a travel agency, especially in today’s heavily self-service environment, you expect expertise and service. Agents have varying skills and insights and can only foresee so much when it comes to what happens on the actual trip.

To have such a special trip become such a disappointment is truly unfortunate. I asked AAA to reconsider their offer and they increased it.

“We at AAA certainly regret that Mr. Beyroutey’s Aruba accommodations proved to be such a disappointment, and we sincerely hope that he and his wife enjoyed their trip overall,” said Mary Maguire, director of public affairs for AAA Southern New England.

They are now offering $750 in credit and three AAA gift memberships. That, clearly, isn’t your money back, but it is a good-faith offer. Maguire noted that more could have been done to help had the problems been made known during the trip rather than afterward. The agent could have helped make contacts to improve the accommodations, she said.

“Our records indicate that during his stay in Aruba, Mr. Beyroutey never contacted his AAA travel counselor,” Maguire said. “We recommend that members always notify us in the event of difficulties encountered at any travel destination, so that we can leverage our relationship with the travel partners involved to provide members with the best vacation experience possible.”

It’s a shame your big celebration trip was marred by bad feelings and bad memories. Hopefully, others will learn from this that one big advantage of using an agent is for their service, when a problem arises.

The cleaners took my dress: Now what?

Posted by Mitch Lipka December 19, 2012 02:51 PM

Q. After my wedding eight years ago, my friend dropped off my dress for me at what was then Esplanade Cleaners. After the store was sold, I checked and a record of my dress was still in the computer system. When my niece recently got engaged, she wanted to use the dress for her wedding. I couldn’t find the receipt and called the store only to find that they didn’t have any dresses in storage. I was told that they didn’t retain any inventory and that I needed to track down the former owner, who moved out of state.

I should have been given the chance to pay the storage fee in full and retain the gown. Now, it’s gone. Do I have any redress at all?

Jacqueline Church, Boston

A. Your situation is unfortunate – and complicated. Nothing really went right, and a whole lot went wrong.

Clothing cleaning and storage arrangements tend to be a bit more formal and shorter-term than what happened here.

Barbara Anthony, who heads the state Office of Consumer Affairs and Business Regulation, says the arrangement with the former business didn’t make much sense. Typically, you’d pay to clean a garment and either pick it up or arrange to have it stored for a period of time for a nominal fee. “I wouldn’t expect that they’d be holding onto it for years.”

At dry cleaners and shoe repair shops, it is common practice to either post or put on a receipt the period of time your items will be held before you risk them being removed from their inventory. That is usually a matter of months, not years.

Then, when the business changed hands, it further clouded a murky situation. Without a receipt, it’s not even clear what leverage you would have over the previous business owner, Anthony said.

In a typical situation, with clothes there for a short time, “more than likely, if it’s an ongoing business, you’d get all of your things back and the transfer of ownership would not affect it,” Anthony said.

If a business like that shuts down, often the owner will make an arrangement with a former competitor who would take the inventory in hopes they would pick up the customers.

Amazon to start charging sales tax in Mass.

Posted by Mitch Lipka December 12, 2012 06:30 AM

One of the great advantages that online sellers have enjoyed - and consumers benefited from - is the absence of sales tax. With pressure from states to get their share of the billions being spent on web stores rising, Amazon has changed the game by reaching an agreement with Massachusetts to start collecting sales tax.

Online retailers without a physical presence in a state haven't had to collect sales tax. Indeed, the onus is on consumers to later report their purchases and then pay the taxes directly to the state. Think about the last time you did that.

Traditional sellers have cried foul over the lack of sales tax charged online. That amounts to a 6.25 percent lower price from the outset in Massachusetts if you purchase online. Of course, lower overheads already give online sellers a price advantage.

While only a handful of states have such agreements with Amazon and their online rivals haven't yet embraced the concept, seeing the biggest web retailer of them all make such a deal suggests that change could be in the air. The retail giant is also pushing for a law to require all those who sell online to have to collect state sales tax - as an equity issue. But it is also possible they're just trying to make nice by getting out front on collecting taxes prior to actually opening some sort of facility in Massachusetts - when they'd actually be required to collect tax, anyhow.

Amazon hinted as much.

"We appreciate Governor Patrick’s commitment to Massachusetts jobs and investment and his support for legislation now before Congress that would provide a final resolution to the sales tax issue,” said Paul Misener, Amazon vice president of global public policy. “We look forward to creating hundreds of high tech jobs in Massachusetts and continuing to work with Governor Patrick, state leaders, retailers and Congress to pass federal legislation permitting interstate sales tax collection. Federal legislation is the only way to level the playing field for all sellers, the only way for states to obtain more than a fraction of the sales tax revenue that is already owed, and the only way to fully protect states’ rights."

The question is will this continue to spread as Amazon shows interest in opening more distribution centers and attempts to force its rivals to collect taxes, too. It's a necessary move for Amazon to create that pressure since they are now ceding the sales tax advantage they have long enjoyed over their brick and mortar competitors.

Massachusetts consumers have a little breathing room. The change doesn't start immediately. The agreement takes effect Nov. 1, 2013.

Nook return issues show need to understand store return policies

Posted by Mitch Lipka December 12, 2012 06:00 AM

Q. I purchased a Nook Simple Touch with Glow Light in the Hingham store. I purchased it to use during recovery from scheduled surgery and I asked the cashier if it was possible to return it should I activate it post-surgery and decide it was not for me. He told me I had two weeks, so I tossed the receipt in the bag. I never even opened the bag, let alone the package, during the first two weeks post-surgery. Because I do not anticipate being able to use it, I have tried to return it and was told that because the return policy is two weeks, there’s nothing that can be done at the store. They suggested I contact corporate. I spent hours on hold, being passed from supervisor to supervisor. Emails I sent received only standard replies.

Linda Muldoon, Braintree

A. Because you’ve been trying so hard for so long to make this return, I figured the least I could do was ask the folks at Barnes & Noble if they would extend some consideration.

The result was a quick and happy ending.

“This has been resolved,” Barnes & Noble spokeswoman Mary Ellen Keating said. “We’re sending the customer a return label via email. She’s returning the device to us and we’ll issue her a gift card.”

She noted that the rules did have to be bent.

“We did learn from talking to the customer that she tried to return the device to our store past the 14 day return policy and she was refused,” Keating said. “We are very clear about our return policy, but given that she is a long-time customer and her medical situation, we’re making an exception.”

Since your goal was getting a merchandise credit, we can count this as a win for the consumer. But it was by no means a slam dunk. As noted, the receipt was clear about when a return should have been made and the company made an exception.

Indeed, as long as retailers are clear about return policies, they can make them whatever they feel like – including accepting no returns at all. So, good news this time, but a lesson for other consumers to pay attention to return policies. They’re the terms you’re agreeing to when you make your purchase.

Tips to help consumers out of a jam

Posted by Mitch Lipka December 5, 2012 04:00 PM

Usually, by the time someone writes in for help to solve a problem, they’ve gotten frustrated, hit a few walls and become pretty much resigned to failure. But every so often a reader will persist – working all the angles until finally emerging with an acceptable solution.

Let’s face it, not every fight can be won with even the best tactics. Sometimes, an outside party – whether it’s a newspaper, government agency or other organization – is needed.

But if you can fight your best fight and use tactics that have helped others succeed, at least you’ll know you did what you could before raising the flag to seek help.

Here are five tips learned from fellow readers who brought their A game and put one in the win column for consumers

Don’t give up. Persistence is required. But just asking over and over again is not going to do it. Make your persistence work for you by following up on requests, asking lots of questions and reminding them that you’re not just going to go away.

Remain calm. Breathe deep. Exhale. OK, now it’s time to bring it on. The more confrontational you are, the less sympathetic you’re going to be. Deliver your message in a professional demeanor, clearly explaining the situation, why you believe it’s a problem and offering potential solutions. If you want your money back, say that. If you’ll be happy getting a store credit instead, then say that.

Have evidence and be organized. Make a folder with any receipts, photos, or other documentation to help bolster your case. The more the discussion is about facts, rather than opinions, the better it will go.

A supervisor has more authority than a non-supervisor. If you can’t get a resolution that’s acceptable to you, escalate. Politely request to speak with a manager. Remember, managers also have supervisors. The chain of command can go quite some distance, particularly at large companies.

Spoken words only last for seconds. Writing lasts a lot longer. So, get it in writing. If you’ve been promised a solution in a conversation, ask them to either send you a letter to that effect or an email with what has been agreed upon.

If all that doesn’t work, my email address appears below.

Nap Nanny deaths lead government to sue

Posted by Mitch Lipka December 5, 2012 02:00 PM

napnanny.jpgAfter learning of the deaths of five babies in Nap Nanny infant recliners, the U.S. Consumer Product Safety Commission took the unusual step of suing the manufacturer to get them acknowledge the product is defective and refund consumers.

The lawsuit was filed today against Baby Matters, LLC, of Berwyn, Pa., which makes Nap Nanny and Nap Nanny Chill. The CPSC said it was aware of the deaths of four infants in Nap Nanny Generation Two recliners and another in a Nap Nanny Chill.

At least 70 reports of infants falling out of the recliners have been received by the agency, the CPSC said.

Typically, when a company or the CPSC identify that a product has a defect that can cause serious harm the two sides negotiate a resolution - the recall - that could include a wide variety of remedies. In this case, the CPSC said the government and the company could not agree on a resolution and action needed to be taken.

The first set of Nap Nanny recliners were recalled in July 2010 -- and consumers were offered an $80 coupon for a newer model recliner as well as improve warnings and instructions. One child had died in the older model prior to the recall.

“This is a product that falls outside of the scope of tough standards such as those recently developed for cribs and play yards,” stated Nancy Cowles, Executive Director of Kids In Danger. “Parents assume that if a product is sold, someone made sure it is safe, but as the history of this product shows, that isn’t the case. Trying to backtrack design changes after a baby dies is not the way to make a safe product.”

“A sleeping environment for a baby should not pose safety hazards and tragically, this product does.” stated Rachel Weintraub, Legislative Director and Senior Counsel with Consumer Federation of America. “We applaud the CPSC for taking strong action to protect infants from the serious hazards posed by the Nap Nanny."

Don't confuse free credit reports with offers for 'free' credit scores

Posted by Mitch Lipka November 28, 2012 10:25 AM

Q. My question is about the free credit score reports. You said that you can go to AnnualCreditReport.com for a free report. I went to that site, and after reluctantly completing the confidential information, I hit continue. The next thing to happen is that site says your scores are ready for viewing. Then it asks for a $1 refundable fee on my debit or credit card. Then in fine print it says once I agree, I agree to a monthly charge of $29.95 to be charged on my card until I call to have it stopped. Where is the totally free site that you give your information and you are shown your scores right away? Or are all these sites a scam for enrollment?

A. AnnualCreditReport.com is the correct site. Everyone is entitled to a free credit report from each of the three major credit reporting agencies – Equifax, TransUnion and Experian. You can order all three at once on the site or get one every four months so you can try to pick up any questionable activity on your credit report more quickly.

However, you are not entitled to a free credit score. It can be confusing when you’re looking for your free credit report and a link appears at the top that asks if you want your “Free Credit Score.” As you noticed, free isn’t exactly free in that case. For the “free” credit score, free means you can see it all you want after you’ve agreed to pay a monthly subscription to a credit monitoring service.

Credit scores are different from credit reports. A credit score is built from your credit report – allowing a lender to view how credit worthy you are. The higher the score, the more likely you’ll get a loan, and get it with favorable terms. The credit report shows how much credit you have and have had and whether you pay bills on time.

If you’re interested in your score on the most widely used credit scale, you can buy yours directly from Fair Isaac Corp. – at the MyFico.com website – for less than $20. You can also see alternate versions of your score for free on sites such as CreditKarma.com.

Detergent packets hazardous, CPSC says

Posted by Mitch Lipka November 20, 2012 11:43 AM

Federal safety officials today issued a warning today about single-load liquid laundry packets, which have led to at least 500 incidents and have proven to be particularly attractive to children.

The U.S. Consumer Product Safety Commission said the the chemicals in the small dissolvable packets can cause serious injury. Some are toxic, the CPSC said.

Parents and caregivers should lock up the packets and keep them away from children, the CPSC said.

The colorful packets - which were released in the past year by a variety of brands - are attractive to children, the agency said, because they look like candy, toys and products used for teething.

Among children who have ingested the products, some had to be hospitalized after losing consciousness, suffering excessive vomiting, throat swelling and difficulty breathing. Adults have been injured, too.

"Because these packets dissolve quickly and release highly concentrated toxic chemicals when contacted with water, wet hands, or saliva, consumers are strongly urged to always handle laundry packets carefully and with dry hands," the CPSC said in its warning.

CPSC Chairman Inez Tenenbaum issued the following statement:

"Time in the laundry room should result in clean clothes, not a call to the poison control center and a trip to the emergency room. Ingestion and eye injuries involving laundry packets containing toxic chemicals are impacting kids and adults and becoming an emerging hazard nationwide. Reducing a child's exposure to these packets in particular is a must. I believe this can be achieved through a combination of safer packaging being used by all manufacturers of laundry packets and increasing consumer awareness of the dangers that these packets pose. CPSC is keeping all options on the table to tackle this product safety issue and protect consumers, including taking action under the Consumer Product Safety Act and the exploration of rulemaking under the Poison Prevention Packaging Act."

Black Friday, Cyber Monday shopping tips

Posted by Mitch Lipka November 19, 2012 03:42 PM

The holiday shopping deluge is upon us – and a bit sooner than in the past. If you plan to engage it, you need to be prepared.

Retailers and manufacturers are all about creating buzz. So, now Black Friday is creeping back to Thanksgiving Day at some major retailers. And they want consumers thinking they’ll get the latest and greatest at incredible prices piling through their doors.

Don’t miss the finer points of these deals in the frenzy. Trouble spots for consumers tend to be not understanding return policies, the terms of offers, whether the price is really a good deal and even when, exactly, the sale begins. Timing could prove to be particularly tricky this year, said Edgar Dworsky, who runs the consumer website ConsumerWorld.org

Major retailers will roll out different deals at different times; some might come when the doors first open, others later in the day. “It is unusual to have goods coming out at different hours,” said Dworsky, a former director of consumer education in the state Office of Consumer Affairs and Business Regulation. “People, in essence have to choose one or the other time to visit, or be forced to visit twice, and give up a whole night’s sleep.”

So, for bargain hunters it’s good practice to plan. That will help avoid at least some confusion. If you’re intent on getting into the late Thanksgiving or Black Friday mix, review the deals and dig into the fine print.

Be particularly careful when a sale price includes a rebate. Rebates typically make the consumer take an extra step – and when that happens, a significant number of people leave money behind. Consider how good the deal would be if you didn’t factor in the rebate. And are you willing to wait for that check to arrive a couple of months down the road?

In addition to traditional newspaper ads, more deals are being offered via email, on Facebook and Twitter. Take a look. It helps to know what you’re looking to buy in advance rather than get sucked into impulse.

As Dworsky said, “A low price on a lousy product is no bargain.”

Need your chimney cleaned? Be smart about who your hire and avoid scams

Posted by Mitch Lipka November 14, 2012 06:28 PM

If your house has a chimney, at some point it's going to need cleaning. But it's also a part of the home that most homeowners are not going to be as knowledgeable about.

The lack of familiarity and the risks of fire allow scam artists to swoop in and take advantage. The Massachusetts Office of
Consumer Affairs has issued a warning, urging homeowners to take steps to avoid becoming victims of sleazy chimney sweeping outfits.

Top of the list of things to beware are solicitations for business, especially door-to-door sales pitches. These are outfits that will often offer a low-ball price and then conjure up a wide array of extra work that you'll need and drive up the price many times the original quote.

If you are interested in getting your chimney cleaned, then seek out a chimney cleaning company. Look for one that has been established in the area and has a local office. Ask friends and relatives whether they've used anyone they could recommend.

Consumer affairs also suggests finding out whether the company is accredited by the
Chimney Safety Institute of America. Use the Better Business Bureau's website to check on the business' complaint history or call the Consumer Affairs office.

Cell phone contracts can be unforgiving

Posted by Mitch Lipka November 14, 2012 04:09 PM

When it comes to the business of contracts for wireless phone service, consumers often find themselves struggling with the consequences of a two-year commitment. It’s a commitment that can be broken, but at a steep price.

Consumers sign these contracts with stiff terms because they get rewarded with big discounts on the latest and greatest phones. Getting a deal that requires a contract means being bound by an agreement that could cost hundreds of dollars to break.

But a couple of readers recently asked what happens if the wireless provider’s service isn’t up to snuff? Would that allow a contract to be voided without penalty? The simple answer: No.

“The consumer does not have grounds to void the contract without paying the termination fee,” says Barbara Anthony, who heads the Massachusetts Office of Consumer Affairs and Business Regulation.

That doesn’t mean giving up, however. Complain to the company about dropped calls, poor service, and any other problems and ask what they’ll do to fix it. If your complaints over time make a good case, they might just release you from the contract without penalty.

If the reception in your home or business is a problem, one solution is a network extender. It’s a device that uses your Internet connection to create an area of better coverage within range of the device. While the extender can cost $100 or more, it’s worth asking your carrier if they might provide one.

Before you are lured by the subsidized phone that comes with a contractual commitment, you could consider a no-contract device. These pre-pay phones – once aimed at those whose credit was too poor to get a contract – are now widely available from multiple carriers for those who don’t like being bound to the terms.

But there are catches. You have to be sure you’ve bought enough airtime to use when you need it, the choice of phones is often limited, customer service can be non-existent, and the cost per-minute of a call is typically much higher.

The flipside, of course, is you can switch carriers without penalty. So, think hard before you commit to a contract and understand what you’re agreeing to.

Hurricane Sandy damage? Trees down? Contractor needed? Do your homework

Posted by Mitch Lipka November 5, 2012 04:50 PM

If there are trees down and repairs to be made, you can be sure that opportunists will be around to take advantage.

Before Hurricane Sandy had moved out of Massachusetts, ads were already popping up on Craigslist for storm cleanup, said Barbara Anthony, who heads the state’s Office of Consumer Affairs and Business Regulation.

Complaints about shady contractors and other storm-related scams tend to follow about a week or so after a storm, said Paula Fleming, vice president of the Better Business Bureau serving Eastern Massachusetts, Maine, Rhode Island and Vermont. Often, the complaints are related to a homeowner getting rejected for payment by an insurer after being overcharged by a fly-by-night contractor, Anthony said.

So, now is the time to filter legitimate businesses from the shady ones – before you run into trouble. "Anybody can advertise," Anthony said. "You don't know who these folks are."

Anthony offers advice for homeowners who need trees removed, roofs replaced, or other repairs to help prevent a stressful situation from turning into a different type of disaster.

Beware of the roving contractor who spots some damage or work that needs to be done. "You don't usually find legitimate contractors knocking on doors offering to do this sort of thing," Anthony said. "Don't grab the first guy who comes to the door."

Indeed, employing patience will be a virtue. "Don't act hastily. You need to shop for a contractor. Get estimates. Get them in writing," Anthony said. "Be in touch with your insurance company before you hire a contractor."

That's important, she said, because you want to be clear if your situation is covered, so you don't run afoul of the insurance company’s rules for getting work done.

Since tree removal is likely to be one of the more in-demand services following the storm, it's also likely to spawn more fly-by-night operations with workers unlikely to have the skills or experience for what can be a dangerous job. Look for an established local company and check with the Better Business Bureau and Consumer Affairs to see whether they've received complaints from consumers.

"You want to have somebody who knows what they're doing," Anthony said. "You don't just want a guy with a chainsaw and a pickup truck."

Rachel and Cardholder Services robocallers get disconnected by FTC

Posted by Mitch Lipka November 1, 2012 10:11 AM

After a surge in the number of robocalls from the pretend "Cardholder Services" and its phony surrogate "Rachel," the Federal Trade Commission said he has stopped five companies that were responsible for millions of those calls.

Consumers nationwide have complained about the calls, which would come at all hours to people regardless of whether they were on the national Do Not Call list. The calls make it appear they're coming from a credit card company offering to lower interest rates, but that's just a guise to extract an upfront fee.

“At the FTC, Rachel from Cardholder Services is public enemy number one,” FTC Chairman Jon Leibowitz said. “We’re cracking down on illegal robocalls by bringing law enforcement actions and pursuing technical solutions to the problem.”

More than 200,000 complaints a month about telemarketing robocalls are received by the FTC. The agency says when consumers do go along with the calls and pay the fee, they receive nothing in return. The fee has ranged from a couple of hundred dollars to nearly $3,000.

Robocalls, with a few exceptions, are illegal. If you get an illegal robocall, the FTC suggests you:

  • Hang up without pressing any numbers to try to get off of the list.
  • Consider blocking the number.
  • Report the call at www.donotcall.gov.

Halloween ideas should include safety

Posted by Mitch Lipka October 29, 2012 07:00 AM

As someone who had to extinguish a defective Halloween flashlight that caught fire, perhaps I have a greater appreciation of safety this time of year. There's nothing like the smell of smoke coming from a little battery-powered light to get the adrenaline going and affirm the idea that threats to safety can come from just about any angle.

Given how many junky products are on the market and how silly people try to be around Halloween, it's worthwhile to take a few precautions to help avoid horrors of the real kind. Paying extra attention during this holiday makes sense, given that children are the most like to end up in an emergency room.

Here is some safety advice for trick-or-treaters, distilled from the guides of the Massachusetts Office of Consumer Affairs and the American Academy of Orthopaedic Surgeons:

  • If you're making a costume at home, avoid flammable spray-on glitter or glue and instead sew on sequins.
  • Be sure the child's costume fits right, so it's not too long, which can cause tripping, or that visibility is obscured by too-small eye holes or a too-large mask.
  • Test make-up in advance by using small amounts on the arm to check for potential allergies or reactions.
  • Trick-or-treat in well-lit areas supervised by an adult or adults carrying a working flashlight.
  • Wear a light colored costume or add reflective tape to costumes and bags to be more visible to vehicles.
  • Don't consume homemade treats from anyone but people you know well.
  • Don't let children carve pumpkins. Adults should try to use knives specifically meant for carving.
  • Keep candle-lit jack-o-lanterns away from anything that could ignite, such as curtains, and never leave them unattended. Consider using battery-operated lights instead.

The precautions aren't all that onerous. And at least you'll know that you've done what you can to keep the kids safe. Hopefully, you won't end up with a Halloween toy or flashlight that catches fire. (If you do, choose a safer method of extinguishing it than I did -- grabbing it, running outside, and shoving it into dirt.)

Have a safe and Happy Halloween.

A faked Facebook profile: Who do I call?

Posted by Mitch Lipka October 23, 2012 08:57 PM

Q. Someone set up a duplicate Facebook page that appears with my name, and the same profile and cover photo as my real profile.Then they sent a message to my Facebook friends - a standard scam email about claiming a $90,000 prize. I was able to contact the 32 people who accepted the friend request from the duplicate account.

There isn’t an effective way to report this to Facebook. Unless your “real” account becomes inaccessible, Facebook doesn’t let you report anything. And there are no phone numbers/emails for problems. Can you help?

Peggy Shaw, Hopkinton

A. Fortunately, the folks at Facebook tell me your doppelganger is gone and you should be OK. Unfortunately, a lot of crooks prey on people via Facebook. Many of them are running phishing scams, where the bad guy pretends to be someone else to try to extract personal information or money. In this case, by posing as you, the crook was hoping that someone might suspend disbelief and send an email to them, so they could get your friends personal information or have them wire money.

But lines like this: “I am so happy because i got $90,000.00 cash from Agent Paul Ward who works Federal Government and he is helping the people both young and old in the community for this coming Facebook Anniversary Lottery Winner” probably kept the scheme from working very well.

These sorts of scams have become so commonplace that Facebook has a page where users can report imposters. In addition, Facebook has an email address, phish@fb.com, to report phishing attempts.

As maddening as it is, there is no phone number to call. “To best serve the billion people who use Facebook around the world, we’ve developed expansive resources to help people get the answers they’re looking for,” said Andrew Noyes, a Facebook spokesman. “It’s a more effective approach in helping people resolve any issues. When they’re stuck, people do have the means to send us a message to get additional help. Doing this through online tools helps us process and address a much larger number of inquiries than we could through a call center.”

Holy cannoli: Mike's Pastry posts prices!

Posted by Mitch Lipka October 15, 2012 02:38 PM

It might have taken more than 60 years, but the price of cannoli at Mike’s Pastry is a mystery no more.

Mike’s, an institution in Boston’s North End, has been attracting tourists and locals alike for decades. But the cash-only bakery had held fast to a policy of not posting any prices. But now, a few pieces of plain paper visible over the counter list different cannoli prices - not all cannolis are created equal - and the prices of other items.

Angelo Papa, Mike’s general manager, says posting the prices has benefited customers and the shop. Now, he says, “My customers, when they’re waiting in line, have their money ready.”

Generally speaking, it’s a good idea to know how much something costs before you buy it. And, thankfully, the number of places engaging in this sort of surprise-the-consumer game appears to be dwindling.

Readers are irked about types of establishments that still keep you guessing – most notably restaurants. Why is it that they can get away with a drink menu devoid of prices? Or list “market price” for fish or shellfish and leave you wondering if you’re going to be dropping $20 or $50 when you order?

You could just ask. But that puts the burden on the consumer. Some people like to quietly contemplate what they want to spend.

“Market prices are listed as such due to the continual fluctuation in prices of certain species and the cost involved in printing menus,” explained Massachusetts Restaurant Association president Peter Christie. “Drink prices are often not listed due to the huge variables involving brands, costs, and preferences.”

Barbara Anthony, who heads the state’s Consumer Affairs Office, said there is no specific law that addresses restaurant pricing. She acknowledges that can lead to frustration for consumers, but suggested using your buying power to express your displeasure.

“There are some restaurants where there are no prices on the menu,” she said. “I don’t go to those restaurants.”

While she isn’t advocating for a new law, she said that informing customers of costs before they buy is the right way to do business. “The idea,” she said, “that you buy something and you don’t know the price is a totally alien concept to me as a consumer and as someone in consumer protection.”

Complaints piling up against West Bay Acquisitions and Open Business Directory

Posted by Mitch Lipka October 12, 2012 04:50 PM

Two companies - West Bay Acquisitions and Open Business Directory - dominate the list of most complained about businesses reported to the Better Business Bureau serving Eastern Massachusetts, Maine, Rhode Island and Vermont. Both have been drawing complaints from around the nation.

West Bay Acquisitions,LLC, of Cranston, R.I., is a collection agency. And allegedly Boston-based Open Business Directory Ltd. sells advertising to small businesses.

More than 950 complaints have been lodged against West Bay in the past 12 months, BBB records show. The complaints stem from collections made for allegedly outstanding debt from now defunct Hollywood Video.

Another firm, Universal Fidelity, also collects debt on the books from the former video rental outlet. That company has an email and FAQ on its website (scroll down the page) that shows how to dispute the debt. In addition, a settlement following allegations of strong arm tactics by collectors resulted in a prohibition against reporting these debts to credit reporting agencies. West Bay also has information about Hollywood Video collections on its site.

Nearly 800 complaints have been lodged against Open Business Directory in the past year. Unlike West Bay, which appears responsive to BBB attempts to mediate disputes, Open Business Directory, ignores most attempts to resolve complaints, BBB records show.

Complaints show the company appears to be the actual Yellow Pages - it isn't - and sends invoices to businesses, which many reported duped them into paying. The bill typically exceeds $1,000.

While the outfit lists a Boston address, its own website shows one in Moscow and its official website registration shows an address in Dubai, United Arab Emirates, but to a man with an email address in Russia.

Here's the BBB's write-up about the company:

We have received a number of complaints regarding advertising and sales practice issues. We have received many reports that consumers are receiving advertisements via fax which they are to sign and send back to the company. Yellow-Page-USA.com uses a name and logo so close to the actual Yellow Page Group consumers believe they are dealing with their current advertiser. They are then enrolled into an agreement and told they have to pay a fee to cancel.

Based on BBB files, this company has a high volume and pattern of complaints. This company was notified of our concerns on December 14, 2011. The complaints concerned advertising and sales practice issues. The company has failed to respond to our correspondence and have failed to correct the underlying reason for the complaints.

Citibank credit card conundrum

Posted by Mitch Lipka October 9, 2012 04:45 PM

Q. A Citibank branch manager personally urged me to apply for a second Citibank card. I made it readily known that I questioned my eligibility for a second promotion, but the manager assured me it was okay. I applied and was rejected for the card supposedly due to credit reasons. Several days earlier I had acquired my credit score and it was perfect. So it makes no sense that I was rejected over my credit. Then I applied for pre-approval for a mortgage and was told my credit score was lower – I think because Citi rejected me for the credit card application. I can’t get Citi to help me get this straightened out. Can you help me?

Philip Tackel, Brighton

A. There are a few issues to address here. First, a rejection of an application isn’t what pulls down a credit score. Multiple applications for credit, however, can.

So, just the act of applying for another credit card is something to think about if you’ve got other borrowing you’re planning to do. Also, credit scores available available to consumers will not necessarily match those used by a lender.

In addition, as much as a person might appear to be an authority, you are responsible for what you sign your name to. It’s the same as if an electronics store sales person explains why you need an extended warranty. The guidance isn’t unbiased, but you’re the one signing the contract – not them.

And, whoever said that big banks don’t have a heart? The bank agreed the card was denied because you weren’t eligible for the AAdvantage miles card promotion, as opposed to anything wrong with your credit. Citibank said it would try to have its credit inquiry -- a request for a credit report which can lower a credit score -- removed

“This promotion was designed as an offer for first-time Citi/AAdvantage customers, which includes both consumer and small business credit cards,” spokeswoman Emily Collins said in a statement. “We appreciate this feedback and have contacted the credit bureau and provided AAdvantage miles as a courtesy.”

Before applying for credit, be sure to go to AnnualCreditReport.com and order at least one free version of your credit report to make sure there’s not an error that could be held against you.

Whole Foods soup label mix-up danger

Posted by Mitch Lipka October 3, 2012 03:28 PM

Thumbnail image for whole foods soup.jpgA labeling error on a line of Whole Foods Market soup has led to a recall because what was being sold as Roasted Garlic and Eggplant Soup really was Lobster Bisque, "which poses the risk of serious or life-threatening allergic reaction if consumed by customers with a shellfish or milk allergy," the U.S. Food and Drug Administration said.

The soup was sold in 24-ounce containers in Massachusetts and five other states between Saturday and Monday. The soup has a sell-by date of October 4, 2012.

If you bought the soup, you can return it to Whole Foods for a refund. If you have a question, call your local Whole Foods or 617-492-5500 between 9 a.m. and 5 p.m.

As it was at Starbucks, half costs more than half at Panera Bread

Posted by Mitch Lipka October 3, 2012 03:25 PM

You might think that getting half of something would cost, well, half the price. You'd be wrong.

Last year, Starbucks was fined by the state Office of Consumer Affairs and Business Regulation after an investigation found the company's stores were adding an undisclosed fee to the per-pound price of coffee when half a pound was purchased.

Now, a reader points out that Panera Bread is engaging in a similar practice. After ordering half of a sandwich - but not taking the half sandwich and soup deal - she was charged three-quarters the price of the full sandwich. Nowhere on the menu was a disclosure that there would be an up-charge for only getting half of a sandwich.

Barbara Anthony, who heads Massachusetts' Consumer Affairs Office, said Panera can charge whatever it feels like - as long as they tell consumers first. "You can charge more for half a sandwich, you just have to disclose it," she said. "Disclosing a price is not optional under the Massachusetts Consumer Protection Act."

For its part, Panera explained why half a sandwich doesn't cost half the price.

"Our pricing is basically based on our customers ordering full portions of meals or creating You Pick Two combination meals," said Panera Vice President Linn Parrish. "As a service to our customers who ask - and it's a small percentage - we will provide just a half portion of a salad or sandwich. The reason we charge more than half price is because our prices reflect more than just the cost of the food. The half portion is also served with a side order - either a piece of baguette, chips or apple). Since the half portion option is really offered more of as a courtesy to our guests, the pricing is only provided when a customer asks."

Even if that makes perfect sense, Anthony said as long as they sell half a sandwich, they still have to post the price. The costs at stores in Massachusetts - particularly at bakeries, for some reason - are often a mystery.

How much does that cost?

Posted by Mitch Lipka October 3, 2012 11:27 AM

When it comes to prices, it should seem obvious that it’s in a consumer’s interest to know how much something costs BEFORE making a purchase. For the most part, it’s not that big of a challenge. The vast majority of stores let you know. It’s how we shop – making comparisons and choices.

Massachusetts was so focused on price disclosure that grocery stores have been required to place tiny price stickers on just about everything on their shelves. Massachusetts is last state in the nation to require that level of disclosure. But, following a law change approved over the summer, grocers will be allowed to stop using the stickers in 2013.

In exchange for dropping the price stickers, stores will have to make available a certain number of price scanners and post prices where the items are stocked. If you’ve lived anywhere else; it will be something like that (the specifics are still being worked out).

While consumers seem to be OK with the idea of a price being posted, all is not well in price disclosure land. Stores like Mike’s Pastries in Boston’s North End (whose lack of prices have been discussed here before) have managed to operate pretty much forever without letting customers know what anything costs until it’s time to pay.

Shops like that never had to put on a price item by item (imagine if every cookie in a case had a sticker), but they are supposed to have some spot where a consumer can find out how much something costs before purchasing.

The Attorney General’s Office has regulations that require such disclosure, said Barbara Anthony, who heads the Massachusetts Office of Consumer Affairs and Business Regulation. “You need to put some kind of price, whether it’s a sign or a list or a chalkboard. …You have to give the consumer information about the price of the item they’re going to buy.”

It really does make sense. Otherwise, the price literally can change at every transaction and no one can make an informed decision about whether they would want to pay an extra buck or two for something because it’s a different color or flavor.

Readers have taken issue with the absence of prices on restaurant drink menus (more on this later). Where else have you been where no prices are posted?

Presidential election scam: Democrats, Republicans spoofed on donation sites

Posted by Mitch Lipka September 26, 2012 09:17 PM

At least two scam websites designed to look as though they were made by the Democratic and Republican parties are soliciting donations. The sites were reported by SiteJabber.com, a community that reviews sites and often flags scams for consumers.

Using the names DemocraticNationalCommittee.org and RepublicNationalCommittee.org, the shady sites appear only aimed at collecting cash.

Both sites are registered, anonymously, in Canada. The faux Democratic site is a bit more elaborate, featuring photos of President Obama, and includes some real information and functioning links. There's not much Mitt Romney imagery on the Republican site, but it does also have a prominent "Donate" button that takes you directly to PayPal.

In case a quick scan doesn't convince you that the sites are fakes, the sites (in very small, faded type) have this sort-of disclaimer:

"republicannationalcommittee.org is not connected with any Federal elections and is not subject to the limits and prohibitions of the Federal Election Campaign Act."

Mass. Consumer Affairs scam warning

Posted by Mitch Lipka September 26, 2012 04:39 PM

It might not be the smartest rouse for a scam, but the state Office of Consumer Affairs and Business Regulation is warning consumers callers pretending to be from their office are asking for money so some mythical winnings can be collected.

A woman on Friday received a voice mail from a man who said he was from the Consumer Affairs office. She called back and was told to pay $360 for insurance to collect $300,000.

"This is a new iteration of an age old scam that preys on consumers trust and pocketbooks," Consumer Affairs chief Barbara Anthony said. "These scam artists are clever individuals who have done their homework on our office. Consumers should be aware of these phone calls and never give out any personal information or hand over any money. Our office will never call you asking for money."

If you receive such a call, report it to the Federal Trade Commission (FTC) at 1-877-FTC-HELP (382-4357) or on the FTC site.

About the author

Mitch Lipka is one of America's leading consumer journalists and advocates. He is an expert in product safety, recalls, scams, and helping consumers get out of jams. He is a nationally known consumer columnist and runs TheConsumerChronicle.com. He lives in Worcester. You can find him on Facebook or reach him at ConsumerNews@Aol.com

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