Bagelfather
TMF Master
- Joined
- Oct 3, 2001
- Messages
- 855
- Points
- 18
I have noticed several people making comments in the past about various producers (past or present) who have not delivered their product on demand.
I work closely with the USPIS (United States Postal Inspection Service) as well as the Santa Clara District Attorney's Office, the FBI, and on
one occasion the Secret Service*, and I also work closely with the charge back department at my company.
Here is some advice on what you should do should a distributor not send you the product (not that they have sent it and it was lost in the mail, that is a different matter).
1) Any correspondence by email or phone call should be noted in a log book that you will keep for the duration of this matter.
2) Start of being friendly. Most cases are misunderstandings, miscommunication, or anyone just dropping the ball somewhere along the way. It also looks better for your case.
3) Never, ever, ever send cash, NO way, no how, nuh-uh! If they insist on cash, it isn't worth it. Someone should at least accept a money order, cash is way to risky and you can't insure cash in the mail.
4) Communicate with your distributor: First by email (if available) or phone politely try and get a hold of the distributor and inquire about the status of your order. Allow at least a week for a call back or an email back. After a week send a second one just in case the answering machine died, lightning struck the computer, etc. Your next step would be to send a certified letter, or at the very least with delivery confirmation. If after two more weeks (from the date they got the letter) you have not heard from them send out a second letter stating that you want an immediate refund within 30 calendar days (add seven from when you sent the letter) or you will proceed to pursue this as a case of fraud.
5) Pursue as a case of fraud.
How do you do that?
Here are some links that will help.
If the URL is a distinct one, and not www.geocities.com/ticklingvidripoff.com then you can track the owner of the URL.
Chances are Verisign will have the information for you:
http://www.netsol.com/cgi-bin/whois/whois
This contains who owns the URL, who the administrative contact is, etc. Now you have a basic start in your search.
Time to contact the United States Postal Inspectors (it is external crimes that handles this).
http://www.usps.com/postalinspectors/
is the link to their home page.
You can file a mail fraud complaint directly at:
http://www.usps.com/postalinspectors/fraud/MailFraudComplaint.htm
If you don't hear back within a few weeks (by letter or phone call) you may try and follow up by calling your local USPIS office. Please note that this may not always be the nearest office to you, but is the nearest central office, and you may be forwarded to a more local inspector.
http://www.usps.com/ncsc/locators/find-is.html
Enter your zip code for the local inspector.
Your other options are to contact the better business bureau or your local District Attorney's office. If the crime took place in another state you are better off with the USPIS. Plus they are most likely to coordinate multiple complaints.
What can law enforcement do if the address is a PO Box? Well the good news is the USPS controls the PO boxes. To have a PO box (if rules are followed) there must be a secondary real address that the USPS verifies otherwise it shuts down the PO. Also a drivers license and or social security number is on file along with the name of the box holder. If this goes to law enforcement they can simply say "We are law agency blah blah and are investigating" and by freedom of information for law enforcement the USPS hands over the info (search warrants aren't required, but a writ of request is). A letter from the DA or assistant DA works wonders.
6) If you paid by credit card then you have the right to dispute the charge with your bank. Call your bank and say that you wish to dispute a charge, and explain why. Non-delivery of goods is a good reason for filing a charge back if all your other routes of resolution have failed. Include your documentation of these attempts.
Hope this helps someone!
* (they also handle fraud to financial institutions since they are a branch of the Treasury Department).
I work closely with the USPIS (United States Postal Inspection Service) as well as the Santa Clara District Attorney's Office, the FBI, and on
one occasion the Secret Service*, and I also work closely with the charge back department at my company.
Here is some advice on what you should do should a distributor not send you the product (not that they have sent it and it was lost in the mail, that is a different matter).
1) Any correspondence by email or phone call should be noted in a log book that you will keep for the duration of this matter.
2) Start of being friendly. Most cases are misunderstandings, miscommunication, or anyone just dropping the ball somewhere along the way. It also looks better for your case.
3) Never, ever, ever send cash, NO way, no how, nuh-uh! If they insist on cash, it isn't worth it. Someone should at least accept a money order, cash is way to risky and you can't insure cash in the mail.
4) Communicate with your distributor: First by email (if available) or phone politely try and get a hold of the distributor and inquire about the status of your order. Allow at least a week for a call back or an email back. After a week send a second one just in case the answering machine died, lightning struck the computer, etc. Your next step would be to send a certified letter, or at the very least with delivery confirmation. If after two more weeks (from the date they got the letter) you have not heard from them send out a second letter stating that you want an immediate refund within 30 calendar days (add seven from when you sent the letter) or you will proceed to pursue this as a case of fraud.
5) Pursue as a case of fraud.
How do you do that?
Here are some links that will help.
If the URL is a distinct one, and not www.geocities.com/ticklingvidripoff.com then you can track the owner of the URL.
Chances are Verisign will have the information for you:
http://www.netsol.com/cgi-bin/whois/whois
This contains who owns the URL, who the administrative contact is, etc. Now you have a basic start in your search.
Time to contact the United States Postal Inspectors (it is external crimes that handles this).
http://www.usps.com/postalinspectors/
is the link to their home page.
You can file a mail fraud complaint directly at:
http://www.usps.com/postalinspectors/fraud/MailFraudComplaint.htm
If you don't hear back within a few weeks (by letter or phone call) you may try and follow up by calling your local USPIS office. Please note that this may not always be the nearest office to you, but is the nearest central office, and you may be forwarded to a more local inspector.
http://www.usps.com/ncsc/locators/find-is.html
Enter your zip code for the local inspector.
Your other options are to contact the better business bureau or your local District Attorney's office. If the crime took place in another state you are better off with the USPIS. Plus they are most likely to coordinate multiple complaints.
What can law enforcement do if the address is a PO Box? Well the good news is the USPS controls the PO boxes. To have a PO box (if rules are followed) there must be a secondary real address that the USPS verifies otherwise it shuts down the PO. Also a drivers license and or social security number is on file along with the name of the box holder. If this goes to law enforcement they can simply say "We are law agency blah blah and are investigating" and by freedom of information for law enforcement the USPS hands over the info (search warrants aren't required, but a writ of request is). A letter from the DA or assistant DA works wonders.
6) If you paid by credit card then you have the right to dispute the charge with your bank. Call your bank and say that you wish to dispute a charge, and explain why. Non-delivery of goods is a good reason for filing a charge back if all your other routes of resolution have failed. Include your documentation of these attempts.
Hope this helps someone!
* (they also handle fraud to financial institutions since they are a branch of the Treasury Department).
