Re: Unprofessional nurserymen (was Stockton Gardens)
- To: Multiple recipients of list <firstname.lastname@example.org>
- Subject: Re: Unprofessional nurserymen (was Stockton Gardens)
- From: "Albert F. Limberg" <email@example.com>
- Date: Wed, 10 Sep 1997 19:59:13 -0600 (MDT)
A SHORT COURSE IN CONSUMER PROTECTION LAW
All you guys out there who've been "had" by someone by mail, I have
spent 34 years in Consumer Protection Law Enforcement and here are a few
up-to-date tips on getting a remedy. First, you have to act . . . not
just complain. If you ARE going to complain, complain where it will
make a difference.
There are three must visit websites. BOOKMARK them for future use.
1: <http://www.fraud.com/repoform.htm> . . . a report form linked to
the Federal Trade Commission, one agency that has regulatory authority
in this arena.
2: <http://www.usps.gov> . . . the U. S. Postal Service Home Page.
Follow the links to the Postal Inspection Service where you can get the
address and telephone number of your nearest Postal Inspection Service
3: <http://www.pueblo.gsa.gov/1997crh> . . . a downloadable Consumer
Resource Handbook that will give the names addesses of all known
consumer protection or consumer fraud agencies in the US of A. This a
large document that is offered in four or five segments. You can
download all of it or only that [those] portion[s] you need.
If you live in California, you can contact the Secretary of State's
Office of Corporations and obtain the name and address of the
out-of-state company's registered-agent-for-service-of-process. All
companies, including out-of-staters, doing business in California must
have a registered-agent.
Then go to Small Claims Court and file the appropriate claim papers for
service on the registered agent. A court representative will help you
fill out the form and walk you through the process. It works, I've done
it. And to a New York company. I collected $750. In California Small
Claims Courts no lawyers are allowed and you plead your own case. Been
there three or four times and never lost a case. If you think you don't
stand a chance because these guys are all sharks here's a confidence
building tip. In Small Claims Court, they are swimming in YOUR pond.
If you do not live in California, check with you local District
Attorney for guidance. Most DA's have a Consumer Fraud Unit and most
are quite helpful. My father-in-law had a run-in with Michigan Bulb
Company more than ten years ago. The reason they are still around and
still gouging is that no one gives them enough hell.
The only way to put a stop to this kind of gouging and fraud is to make
the perpetrators lives a living legal hell and force involvement of
state and local regulatory agencies.
It works . . . if only YOU make the effort.
Good luck. Let us know how things work out.
> Walter wrote:
> > Obviously, Stockton Gardens think they can assuage the pain of not
> >getting what one ordered by loading one up on '97's and '98's. I do not
> >fall for that. My order was placed April 21, 1997, and I should have
> >gotten everything I wanted. If they were out of stock, I should have been
> >informed at that time. I feel that this technique is still 'bait and
> >switch' even if it involves plants of a higher value. There will be no
> >future orders from me.
> Mum received a similar response from an Adelaide rose nursery. She asked
> them to bud some heritage roses especially for her. They did, but then sold
> the stock to people from interstate, and didn't inform her until much later.
> They even had the nerve to comment how good it was that she had asked for
> these unusual roses to be budded. Meaning that when other customers asked
> for them out of the blue they were able to supply them!! I don't think
> she'll be asking that nursery again.
> Ann Pearce