K Mart 800 # misdials

[studleydog]

I don't quite know where this will fit. The company we're dealing with is K Mart (www.BlueLight.com). K Mart has outsourced a market research sweepstakes using a telephone number on the register receipts of their 2000 stores. This number is so close to our 800 # that we are receiving well over 100 misdials a month, charged to our firm.

K Mart has refused to change the number, says the promotion will be going on for years and has offered us $3000. The telephone is ringing all hours of the day and night, with calls from all over the United States. We would either like to have the promotion discontinued or the K Mart telephone # changed. K Mart will do neither, saying if it is not us complaining, it will be someone else.

Where do we go from here?

 

[Jack Mevorach, Esq.]

Perhaps a system can be set up to ask the callers whether they're trying to reach you or Kmart, then prompting callers to continue. Mayble Kmart would reimburse you for all the misdials.

 

[studleydog]

K Mart misdials

No question they're trying to reach K Mart. From time to time we direct them to call the head of the market research outsource, Kathleen Chestain. As for paying for the 800 calls, Sprint has said they will work with us. We have had the 800 # for ten years and it spells our name. The big problem is the gross intrusion in our lives at all hours of the day and night.

 

[Jack Mevorach, Esq.]

I was suggesting an automated system:

1) Caller places call

2) Computer answers. Tells caller: press 1 for you; press 2 for Kmart.

3) Calls are routed.


Then, maybe you can negotiate with Kmart to be reimbursed for the calls rounted to Kmart.

 

[studleydog]

K Mart misdials

Jack:

That was an excellent suggestion. If I lose in every other forum, that's where we'll wind up. Just received the Sprint bill. Last month, while we were on vacation, there were 295 K Mart misdials charged to our account. Just yesterday there were 25 calls. Yesterday we told every caller that they won the jackpot and to call Kathleen Chastain, the outsource person, collect first thing Monday morning. It's cruel, but we're at our wit's end.

 

[Jack Mevorach, Esq.]

Barbara,

How do you know the exact number of Kmart misdials?

 

[studleydog]

K Mart misdials

We have asked the callers to read the number off the receipt. It's 800 799-2535. Many callers can't even read the number properly off the register receipt, much less dial it right. No question a poor number was chosen by K Mart. How do we discover if this problem has already been addressed in the courts? I can't believe we're the first.

 

[Jack Mevorach, Esq.]

(1) I asked how you knew number of misdials with evidence law in mind. If this goes forward, you'll need to prove this. Asking these people, and their responses, is inadmissible as evidence. An automated system can be designed to produce admissible evidence you can use.

(2) Checking to see past cases on this point, or similiar point, is a legal research project. It may not make sense to spend money on that research at this time. Other things to try first, I think.

Consult an attorney at this point.

 

[studleydog]

Misdials

Yesterday I discovered an article in The Holland Sentinal, a Michigan newspaper, with a quote from Charles Conaway. He said that this register receipt thing was an idea that he implemented at CVS and now at Kmart. It's totally his baby and he's extremely pleased with it's cleverness and low cost. I believe a letter to Mr. Conaway and his fellow board members will end this grief for us. I'm sure he's not looking for negative publicity. Thanks for your help.

 

[studleydog]

Kmart

Sorry, Jack, Charles Conaway is the 'new' CEO of Kmart.

 

[Jack Mevorach, Esq.]

OK.