Photo bug gets bitten by mail offer

Our favorite Maine humorist, Tim Sample, often says of his fictional nephew that “not only don’t he know nuthin’, he don’t even suspect nuthin’.” Every now and again, COMBAT runs across a company whose business practices are so goofy that we have to wonder how they can even stay in business.

Camera bug Ralph Poulin of Hallowell ran into such a company when he was perusing the advertisements in a photography magazine. Plus Photo of New York City was offering a 35mm camera for $159 plus $10 shipping and handling. Ralph had been wanting to get his son a starter camera and this seemed like a good deal, so he filled out the form, picked up a $169 postal money order, and sent both off to Plus Photo.

Two weeks later, Ralph received a letter from Plus Photo asking for an additional $7.95 because the company had placed their ad two months prior to the magazine’s publication date and, by the time it hit the stands, Plus Photo had raised their prices. Though COMBAT would have advised otherwise had Ralph contacted us first, Ralph went ahead and sent the extra $7.95 to Plus Photo.

Another month passed and Ralph still didn’t have his camera, so he called Plus Photo to ask about the status of his order. He was amazed when a company representative said that Plus Photo does not keep records of its shipping orders. How can you run a mail-order business, he asked, if you don’t keep records? The company rep just said, “Well, that’s the way we do it,” and suggested Ralph wait a week or two more because Plus Photo was backlogged.

Seeing that he was getting nowhere fast and thinking he might be a victim of fraud, Ralph said, “Thanks for nothing,” and hung up. Then he immediately wrote COMBAT, wisely enclosing a photocopy of his order form, the two money orders, and a good account of his conversation with the company. He enclosed $25, saying, “I want to buy a COMBAT membership so you can take immediate action on my behalf, because I fear these guys may not be dealing honestly with me”.

COMBAT immediately wrote Plus Photo demanding either the camera or a full refund, reminding the company of the Federal Trade Commission’s mandatory 30-day delivery rule regarding mail-order products. We further advised Plus Photo that their demand for an additional $7.95 over the advertised price was unacceptable because their ad represented “an offer to sell” at the stated price, no disclaimer (such as “prices subject to change”) appeared in the ad, and only two months had elapsed between their placing the ad and publication.

Within two weeks, Ralph contacted COMBAT. “Hooray!” he wrote, “My camera is here along with a refund of my $7.95. I love what you guys do!” Well Ralph, we love what we do too or we probably wouldn’t still be doing it after 32 years.

There is, however, a postscript to this tale of an apparently befuddled company. On the very same day he received his camera, Ralph also received a letter from Plus Photo asking what the additional $7.95 money order was for. Duh!

To tie up loose ends, we wrote the company to thank them for being responsive and to suggest they work on their bookkeeping procedures, but our letter was returned as undeliverable … the company had gone out of business. We didn’t ask Tim Sample if his nephew was working for a New York camera store. Yah know, that would be a wicked coincidence, Chummy.

Consumer Forum is a collaboration of the Bangor Daily News and Northeast COMBAT-Maine Center for the Public Interest, Maine’s membership-funded non-profit consumer organization. Individual membership $25, business rates start at $125 (0-10 employees). For help and information write: Consumer Forum, Bangor Daily News, PO Box 1329, Bangor 04402-1329.