Patricia Palmer of Pittsfield purchased plant pots through the eBay auction site online because their design and color exactly matched several others in her sunroom. Her winning bid was $46.50. She was delighted because she had been trying for years to find ceramic pots similar to hers. With shipping added, her purchase totaled $52.00.

The eBay listing offered a 30-day satisfaction guarantee. But when the ceramic pots arrived, neither their color nor the design matched the photographs in the listing. Palmer immediately e-mailed Nature’s Finest Garden Supply of Phoenix, Ariz., requesting that she be allowed to return the pots for a full refund. After waiting a week with no word, she wrote Nature’s Finest again, this time threatening to report the matter to eBay and PayPal (the online payment mechanism on eBay). This time, Nature’s Finest responded, saying, “We are sorry, but we cannot refund your money just because you don’t like the color. The pots are of fine quality and a good value.”

Not happy at all with that response, Palmer sent several more e-mails, but Nature’s Finest never responded again. Palmer contacted eBay, PayPal, the Better Business Bureau and several state and federal agencies asking for assistance. She got nowhere.

A friend at church suggested she contact Northeast COMBAT. “I am a retired lady on a fixed income,” she wrote, “and $52 is nothing to sneeze at. It makes me angry that people can be so rude as to think they can get away with treating people like this. Can you help?”

COMBAT told Palmer we’d give it our best shot. “Maine has an Implied Warranty of Merchantability and Fitness of Purpose,” COMBAT wrote Nature’s Finest. “To be a merchantable, an item must be intact [and functional]. Merchandise must also fit its intended purpose. In Mrs. Palmer’s case, the color, pattern and design displayed online exactly matched her sunroom motif. Since the items do not match her set, they do not fit the purpose for which they were intended.”

We told Nature’s Finest that unless they agreed to accept the returned merchandise and honor their guarantee, we would be compelled to report the matter to eBay and PayPal, and if they offered no support, to assist her in bringing a small claims court action against them which could result in court fees and legal expenses for which they could held liable.

As is often the case in such matters, a company will ignore an individual consumer, but when a consumer organization gets in on the act, a company will change its mind. Palmer soon reported that Nature’s Finest had refunded her money and paid for the cost of returning the pots.

“Thank you COMBAT,” Palmer wrote. “The service you offer is truly wonderful, and I am certain I would have lost my money without you.”

Patricia, we wish your story was the only one like it. Unfortunately, as thousands of people stream online to shop for goods, especially senior consumers age 60 and older who are going online in record numbers and who are often targeted by scams, the problem will get much worse. That is why COMBAT has pledged to raise $400,000 in 2005 to increase our capacity to fight back on behalf of Maine people.

If you would like to know more about becoming a donor or volunteer, write to the address below. In the meanwhile, use special caution if you are shopping online, because the usual consumer protections don’t exist on the Internet, and few if any government agencies will help individual consumers with online disputes.

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. 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.