Betty Largay of Portland wrote a letter to COMBAT Consumer Forum, telling us that her doctor wanted her to lose weight. She told us that diabetes ran on both sides of her family, and this was a preventive measure for the future. Her doctor told her that she should exercise a reasonable amount of time every day.

Largay saw an advertisement on television which piqued her interest. It was for an Exerciser Belt which appeared to be “just what the doctor ordered.” The price was $89.95, which she felt was within her budget.

Largay followed the instructions in the ad and sent an order to Exerciser Belt in Seattle, Wash., enclosing a $97.23 check for the belt, which included shipping and handling. “Eating healthy, watching calories and using the Exerciser Belt will help me take off the extra pounds I’ve gained over the years,” Largay wrote.

Largay waited patiently for the Exerciser Belt, but when six weeks went by, she decided to call a toll-free customer services number listed in the ad. She spoke with Nancy, who said they were back-ordered and her Exerciser Belt would be shipped within two weeks. They did not expect such a large response to the ad, Largay was told.

When the Exerciser Belt did not arrive within the next three weeks, Largay called the customer services number again, this time speaking with Tim. Tim apologized and said that the Exerciser Belt would be sent shortly.

After waiting another two weeks for the Exerciser Belt, Largay requested our help and became a member of Northeast COMBAT.

A COMBAT caseworker wrote a letter to Exerciser Belt in Seattle stating Largay’s order. The caseworker enclosed a copy of the check, both front and back, so the business could see their endorsement. We wrote, “It has been many months since the order was placed. Each time Betty Largay called your place of business, she was put off.”

“At this time, we are requesting that within 14 days either you send the Exerciser Belt or a refund in the amount of $97.23 with notification to Northeast COMBAT of the transaction. If you honor our request, we will close out this case as satisfactorily resolved.”

Seven days later, we received a telephone call from Sophia, a customer relations worker with Exerciser Belt. She apologized for the delay and told us that due to a mix-up in orders they had fallen behind, but things were moving again and the Exerciser Belt would arrive within two weeks. We related this information to Largay.

Three weeks later, Largay called us to say, “I am still waiting for the Exerciser Belt.”

Her COMBAT caseworker wrote a second letter to the president-CEO of Exerciser Belt, repeating what we said in our first letter but going a step further: “You are in direct violation of the Federal Trade Commission’s 30-day mail order law. If you fulfill your obligation, we will do nothing further. However, if you choose not to honor our request within the next 14 days, we will have no alternative but to contact the Federal Trade Commission, your attorney general, King County Department of Consumer Affairs, Seattle’s Better Business Bureau and Chamber of Commerce. We will ask that they examine your business practices, check into the possibility of consumer fraud and work actively on behalf of Largay by contacting you directly.

“We will also contact the television stations on which you advertise.”

We think the magic words here were “television stations,” because just nine days later, we received a telephone call from Betty Largay. “Would you believe I finally heard from Exerciser Belt? I received a check for $97.23. There was no correspondence enclosed. I can’t find the correct words to praise your efforts. ‘Thank you’ seems so inadequate but it comes from someone who really appreciates what you have done for me.”

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 memberships are $25, and business rates start at $125 (0-10 employees). For help and information, write to Consumer Forum, Bangor Daily News, PO Box 1329, Bangor 04402-1329.