Bob Belanger from Aroostook County contacted Northeast COMBAT through Consumer Forum in March of this year. He was frustrated when he wrote us that he had ordered a pair of men’s warm winter boots from J.D. Marvel Products Inc., located in Champlain, N.Y., in October 2004. His check was written in the amount of $17.90, which included shipping and handling.

The assigned caseworker found it interesting that although the mailing address was New York, the business was actually in Port Claire, Quebec. Our caseworkers are aware that other countries do not necessarily have to abide by U.S. laws. Theirs is a voluntary compliance.

However, because the mailing address was New York, we decided to cite the Federal Trade Commission’s Mail Order Law, which states that if merchandise cannot be sent within a 30-day period, unless stated otherwise in their advertisement, consumers must be contacted and given the choice of waiting a specific length of time longer or getting their money back.

Bob Belanger had contacted J.D. Marvel Products Inc. requesting the winter boots. He received a reply from the company two weeks later. It seems the winter boots were back-ordered and the item would be shipped in three to five weeks.

More than five weeks later, Mr. Belanger asked us, “Can you please help me? Enclosed you will find a check that will cover membership. As far as I am concerned, it is the principal of the thing. No company should be able to take advantage of a consumer who trustingly sends money to them for merchandise.”

Bob Belanger’s caseworker wrote a letter to the president-CEO of J. D. Marvel Products Inc. on his behalf. We explained the case to them, stating the length of time involved; their contact with him mentioning the product’s back order; and the light at the end of the tunnel, “the boots will be sent in three to five weeks.”

“We are requesting that either you send the boots or a refund in the amount of $17.90 within the next 14 days of receipt of this letter with notification to Northeast COMBAT of the transaction. Then and only then will we drop this matter. We are relying on your integrity.”

Mr. Belanger’s caseworker sent him a copy of the letter we had written to the business so he would be aware of what we had said to J.D. Marvel Products Inc. When neither Mr. Belanger nor COMBAT had received a reply from the business within the allotted time, a second, much stronger letter was written to J.D. Marvel Products Inc. by the caseworker. We reiterated our statements of the first letter and went on to say, “If you fulfill your obligation in the next 14 days, we will drop this matter. However, if you choose not to honor your obligation, we will have no choice but to contact the following agencies requesting them to examine your business practices, check into the possibility of consumer fraud and work actively on behalf of Bob Belanger by contacting you directly.”

The names and addresses listed were for the attorney general’s office in New York, the district attorney of Clinton County, N.Y., U.S. Postal Inspector, Federal Trade Commission, Better Business Bureau and the Chamber of Commerce in the closest cities to Champlain, NY.

We received a telephone call from Mr. Belanger shortly after the 14-day waiting period. He said that nothing had arrived. We asked that he be patient just a little while longer, as in some cases the business waits until the very last day before sending either the merchandise or a refund. “Please let us know whether or not you receive either the boots or a refund. If you do not receive either, then we will contact all the agencies we have listed in our last letter to the business on your behalf.”

Five days later, Mr. Belanger called us, this time telling us, “On June [22] my winter boots arrived. Obviously they are not needed right now, but I’m sure they will keep me warm come winter. Your success in getting the business to comply amazes me. Why can’t a business pay attention to a consumer’s letter? Maybe they think a consumer will just give up. I do appreciate what you have done for me. Thank you very much.”

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.