Nonprofits not exempt from fairness to customers

Longtime COMBAT member Geneva Pierce of Rockland recently learned the hard way that even charities can sometimes forget their responsibilities or be a bit stuffy when dealing with customers.

Geneva had purchased a historical video from a Maine charitable foundation that was raising money for a local landmark. The videotape arrived in short order, but she was greatly disappointed to find the sound and picture quality garbled, unintelligible, and not, in her opinion, worth the $25.00 she had sent.

She promptly returned the video with a polite letter describing its shortcomings and requesting a refund. It took several weeks, but Ms. Pierce eventually received a reply from the local publisher that had produced the video. The publisher, writing on behalf of the charitable foundation, said that they were very sorry she did not like the video but that since no other complaints were received, she would not be awarded a refund. The company did not mention alternatives, such as a replacement copy of the faulty video or credit toward another item. Geneva was out $25.00 and had nothing to show for her money but a letter that said “Thanks for the donation.”

Since it was not her intention to just give away her money and she felt as though she wasn’t being dealt with fairly, Geneva wrote COMBAT, as she has, with success, in the past. “Can you help me?” she asked. Of course, Geneva, that is what we do.

After assembling the documentation Geneva provided, we wrote a detailed letter to the charitable foundation’s for-profit publisher. We described the videotape’s technical problems and Ms. Pierce’s attempts to secure a refund. We reminded the publisher that it had taken several weeks for them to reply after Geneva returned the merchandise. We explained that while we understood their point that no other complaints had been received, the fact remained that Ms. Pierce’s copy of the video was defective.

We reminded the publisher that Maine’s Express and Implied Warranty Law provides that all new and used goods are warranted to be fit for the ordinary purpose for which they are intended, with the exception of used vehicles. Under the law, a consumer must present the business written notice of the defect, which Geneva had done. We further advised that being a nonprofit charity does not constitute an exemption from obeying laws or ethical responsibility, so we hoped they would promptly send our client a refund check.

This time it did not take weeks for a reply. Within five days our volunteer mediator received a call from the publisher’s manager informing us that the foundation merely shares a mailbox with the business. He conceded, however, that he served on the foundation’s board and offered to send a replacement tape or a book to Ms. Pierce. We thanked him, but explained that Geneva was disenchanted with the charity after her unsatisfactory experience and wanted her money back, which the law assures under such circumstances. Grudgingly, he relented, and Geneva soon received her check.

Our happy Rockland consumer sent us a warm and gracious letter that concluded, “COMBAT is a wonderful organization. You have helped so many people. I wish I lived nearer to Bangor so I could be a volunteer. Thank you again.” Thank you, too, Geneva for your membership and faith in our ability to help.

The moral? Mama said, “Always say ‘please’ and ‘thank you,'” and Mama is always right. Nonprofit groups that expect donor loyalty must accept reasonable criticism and respond promptly to problems, because donors are their customers.

Consumer Forum is a collaboration of the Bangor Daily News and Northeast COMBAT-Maine Center for the Public Interest, Maine’s membership-funded nonprofit consumer organization. For help and information write: Consumer Forum, Bangor Daily News, PO Box 1329, Bangor 04402-1329.