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Online buying and cyberstalking

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sparklegirl

Guest
In February, I purchased two shirts from an online retailer of swarovski-studded apparel. For three months, they "delayed" shipment of my shirts, claiming they had been the victim of "hackers" or some nonsense. They did not, at any time, offer me a refund.

Eventually (in May) they provided me with a tracking number. However, the information for the tracking number states (STILL!) that the USPS has been notified to expect my package for delivery, but multiple calls to the USPS lead me to believe that they never actually dropped my (or any other packages) off for shipment.

After two weeks of checking this "tracking number" that never tracked anything, I contacted them and asked for a refund. At first they told me that they could not provide me with a refund because I had paid through PayPal, and they had closed their PayPal account. Then, they told me to EMAIL my credit card information. I refused, and asked for a phone number to call and provide my credit card information. They gave me the general customer service number. I tried it repeatedly, but always got the voice mail.

Finally, in frustration, I began filing complaints on July 2nd. Then I sent the company an email notifying them that I'd filed complaints with the BBB and other consumer organizations, and asked that someone call me so that I could provide my credit card information IN PERSON for a refund.

Their response was to tell me that they were filing harassment and cyberstalking charges against me in their home state and in mine. They also claim that I 'refused shipment' of my items, and that they had previously contacted me personally about a refund (they hadn't).

I ultimately contacted my credit card company. They opted to dispute the charges directly with the retailer. Now they're making noise about how it's "illegal" to ask for a refund AND conduct a chargeback.

Based on the BBB website and other complaints I've seen online, I'm not the first person - or even the 150th - to encounter exactly this problem with this same merchant.

I have my money back now, thanks to my credit card company. But what SHOULD I have done? And what should my friends, who have also ordered from this merchant, do?
 


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sparklegirl

Guest
How to handle the police threats?

In the event that they actually ARE filing police charges against me (and presumably, against other customers who file complaints with the BBB and other consumer organizations), what should I do to protect myself? Should I contact the police pre-emptively? Should we wait it out and see if any law enforcement agency contacts me?

[note: I have saved all the emails I've ever sent or received from the merchant, and I have printouts and screenshots of my order and of my USPS tracking information.]
 
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sparklegirl

Guest
Last question

I posted about my experience with this company on my personal web space, and received a "cease and desist" notice from the company (not from a legal representative or law enforcement agency), threatening to sue me for libel and the like. They also said that I did not have the right to use their trademark (i.e. their company name) in my post. That's part of the reason I've avoided using the name of the company here.

I've been unsuccessful in finding explicit information on trademark law online. Is simply using a company's name in posting a message on a publicly accessible website, including a personal website, illegal? Does the context of the use (in this case, a negative account of my dealings with the company) make a difference in legality of use?
 

BelizeBreeze

Senior Member
Is simply using a company's name in posting a message on a publicly accessible website, including a personal website, illegal?
The answer to that is Microsoft,Microsoft,Microsoft,Microsoft,Microsoft,Microsoft,Microsoft,Microsoft,Microsoft,Microsoft,Microsoft,Microsoft,Microsoft,Microsoft,Microsoft,Microsoft,Microsoft,Microsoft,Microsoft,Microsoft,Microsoft,Microsoft,Microsoft,Microsoft,Microsoft,Microsoft,Microsoft,Microsoft,Microsoft,Microsoft,Microsoft. :D

Does the context of the use (in this case, a negative account of my dealings with the company) make a difference in legality of use?
And the answer to that one is:
"I have never had a good experience using Microsoft Windows XP because the kernel files are simply re-worked Window Server 2000. So, why bother upgrading? In fact, I think XP SUCKS!"

Get my drift? As long as it's your opinion or a true accounting of the FACTS of what happened, then you're fine. If, however, you said "Microsoft is in the habit of stealing people's money and then refusing shipping the product." that could be actionable.
 

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