THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Sunday, May 26, 1996 TAG: 9605230008
SECTION: COMMENTARY PAGE: J4 EDITION: FINAL
TYPE: Editorial
LENGTH: 60 lines
Too bad there's no law to protect consumers from the consequences of their own acts of stupidity. Regrettably, such a law would be impossible to write and doubly impossible to enforce. In its absence, consumers must keep their guard up all the time.
Consider staff writer Stephanie Stoughton's report Sunday on a Virginia Beach-based magazine telemarketer, National Service Corp. Over the past nine years the company has sued thousands of customers in Norfolk and Virginia Beach courts for missing monthly subscription payments.
In most cases, said National Service President William J. Stemple Sr., the customers were deadbeats.
In some cases, customers said they refused to pay because magazines arrived late or not at all, or the number of issues they were to receive was changed after they'd signed contracts.
Frederic Firestone, an attorney with Tidewater Legal Aid Society in Virginia Beach, said National Service generally settles out of court if the customer retains an attorney, but an attorney may well cost more than the money in dispute.
Firestone suggested these cautionary steps in buying magazines from home.
1. Never sign up right away! Ask the person to leave material for you to think over. ``If they balk at that,'' he said, ``something funny is going on.''
2. Find out what the magazines would cost if you subscribed to them on your own. Often subscription-service claims for the amounts saved are wildly exaggerated.
3. Be wary of claims that you are getting cheap rates because you've won a prize. That's a common come-on that's illegal, unless you really did win a prize, which is unlikely.
4. The monthly amount to be paid that shows on the contract envelope and is discussed by the salesperson often is different from the amount on the contract. Be sure to look at the amount on the contract.
5. Remember that you have three business days to change your mind after signing a contract for a home-solicitation purchase. Often magazine-subscription services will phone a day or two after the three-day period is up to say that an alteration has been made: Perhaps the number of issues you'll receive has been changed from 60 to 48. Many of those phone conversations are recorded. If you agree to the change, you're legally stuck with it.
6. Keep a log of when magazines arrive, if they're consistently late. Also keep track of issues that don't arrive.
7. Remember that if your income is at or below the poverty level, you can apply to Tidewater Legal Aid Society for free representation. The society has offices in four South Hampton Roads cities and is listed in the phone book.
We'd add one point. Before buying anything on credit, pretend you are paying monthly bills and ask yourself, Where will the money for the new payment come from? If money's tight, what will you give up in order to make the payment?
As a policeman on the old TV series Hill Street Blues used to say, ``Be careful out there.''
And if Firestone's suggestions seem helpful, clip this and keep it near your phone. by CNB