CD buyer gets even in case of unwanted membership

Robert Worthman of Rockland never imagined that when he sent a check for $21.99 to American Classics of Palmyra, N.Y., for the “Big Band Parade” collection of big band music on two compact discs, a simple mail order would become a major headache.

After several weeks the CDs had not arrived, so he wrote to the company: “I have not yet received my order, although my bank says you cashed my check. What is the status of my order?” After another 30 days passed with no response from the company, Worthman, a Northeast COMBAT member, wrote to ask for help. He enclosed copies of his order blank, letters to the company, and both sides of his canceled check.

COMBAT immediately wrote to American Classics on Worthman’s behalf: “You are in violation of the Federal Trade Commission mail order rule stipulating that merchandise must be sent within 30 days or you must offer the customer a choice between waiting longer for the order or a full refund. Please send Mr. Worthman the compact discs or a refund in the amount of $21.99 within 14 days, and Northeast COMBAT will drop this matter.”

Ten days later, American Classics assured COMBAT that Worthman’s CDs were in the mail. Shortly thereafter, Bob reported that he received the CDs, and we marked his file “case closed” – or so we thought.

Barely a month later, Worthman was back. “You won’t believe this,” he wrote. “I just received another two CDs from American Classics with another bill for $21.99. Apparently they think I joined some kind of a club or something. I made no such agreement.”

COMBAT retrieved Worthman’s file and carefully reviewed the order blank he had submitted at the time of purchase. Nowhere in the solicitation documents had American Classics mentioned that Worthman would receive future mailings or be obliged to purchase additional CDs.

We told Worthman that to be safe, he should write the company, return receipt requested, specifying that he had not agreed to receive additional merchandise and that he wanted his name removed from their mailing lists.

No such luck. Another month passed and Worthman wrote to COMBAT: “These guys just won’t quit. I have received yet another two CDs with a bill for $43.98 warning that I am past due for $21.99. What do I do now?” We told Worthman to relax and let COMBAT handle it.

“Dear American Classics,” we wrote, “COMBAT has carefully reviewed the order form Mr. Worthman submitted. At no time did he agree to receive or purchase additional CDs. We have told our client that since he did not order the merchandise, he should treat the CDs received, and any hereafter, as free gifts. He thanks you for your generous donations to his music library.”

Two weeks later, Worthman received confirmation that the American Classics “membership” he never agreed to had been “suspended” at his request.

It has now been six months since Worthman has heard from American Classics. He is four free CDs richer, and a little wiser when it comes to mail order solicitations.

“You have to wonder,” Worthman wrote upon renewing his COMBAT membership, “how many people fall for this stuff and just pay because they are afraid not to.” We wonder about that too, and worry about the many who are victimized and never complain.

As more and more people shop on the Internet, the problem is growing. As Worthman saved his order form, we advise Internet shoppers to print out the wording of offers and order forms when making a purchase online. Having a hard-copy record really helps.

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 costs $25; business rates start at $125 (0-10 employees). For help and information write: Consumer Forum, Bangor Daily News, P.O. Box 1329, Bangor 04402-1329.