November 09, 2024
Business

Pasta unit a bad deal for reader

After visiting some wonderful Italian restaurants in her area, Carol Martin of Augusta decided she would start cooking “Italian.”

Martin saw a magazine ad for Tristar Products’ Pasta Pot Maker Express for $22.95, which included postage and handling. It was guaranteed to make consumers think they would be eating pasta like they would find in wonderful restaurants in Rome.

After waiting six weeks for the Pasta Pot Maker Express, Martin wrote the business a letter stating the date she had placed the order. She went on to say, “If you cannot send me the merchandise then just send a refund. Then I will look for something similar in our area.”

Martin waited another six weeks, to no avail. As a member of Northeast COMBAT, she was just about to contact us when a letter arrived from Tristar Products. It indicated the company appreciated her order, but that unfortunately the Pasta Pot was on back order. Tristar expected to ship her order within the next two weeks.

After waiting the full two weeks and receiving no word, Martin contacted Northeast COMBAT and a mediator went to work on her behalf.

A letter was written to the president of Tristar Products in Wallingford, Conn.:

“Northeast COMBAT, Maine’s advocate for consumer protection and better practices is contacting you on behalf of Maine consumer Carol Martin. On December 31 of last year, Carol Martin sent an order to Tristar Products for a Pasta Pot Package enclosing a money order in the amount of $22.95. She waited a fair amount of time before she wrote your place of business requesting the order.

“When Ms. Martin received no reply she sent a second letter to Tristar Products. To this letter, she received a reply stating the pasta pots are on back order and you expected to ship the merchandise within the next two weeks. To date, Carol Martin has not received her order.

“We are sure that you must be aware of the Federal Trade Commission’s 30-day Mail Order Law which states, if merchandise is not sent within 30 days of the purchase, consumers must be given a choice of waiting a specific additional amount of time or offered their money back.

“At this time, we are requesting that you send a refund in the amount of $22.95 to Carol Martin within the next 14 days, with notification to Northeast COMBAT of the transaction. We will then drop this matter.”

A reply was received from Tristar Products a week later thanking us for contacting them.

They wrote, “Our records indicate the customer has sent the delay notice card to cancel the order. A refund check was mailed and the customer should allow three weeks to receive it. If you have any questions please recontact us.”

A few days later Carol Martin called us to say she had received a letter from the business telling her she would be receiving the merchandise within a week.

We mentioned to her that we thought our letter to the business and their reply may have crossed in the mail. We asked that she call us in a week letting us know whether or not she had received either the merchandise or a refund. The call came in. Nothing was received.

The COMBAT mediator recontacted Tristar Products to again request a refund. “If you choose not to honor our request we will contact state agencies in Connecticut requesting their assistance.”

One week later Carol Martin called, “Thank you for your help. I received my refund.”

Consumer Forum is a collaboration of the Bangor Daily News and Northeast Maine Center for the Public Interest, Maine’s membership-funded, nonprofit consumer organization. Individual memberships are $25, and 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.


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