She thought she paid $91. Contract says 48 hour right of refusal, but I didn't catch the sale on her bank account until 9 days later. Vacuum company refuses to take it back! What can I do?
Contact the authorities and tell them that she has been financially exploited by this company and they will not work with you.
This will help get them to change their business practices, nobody likes to do business with a company that exploits seniors or vulnerable people.
I would also contact the better business bureau and file a complaint, contact your local business license bureau and find out if they have a way to make a complaint.
Financial exploitation is a crime.
It may be time for her to not live alone, God forbid but what if he was a violent criminal?
I haven't seen or heard of a vacuum cleaner salesman in decades. I wonder if this company is targeting seniors who are accustomed to people knocking on their door and selling things like vacuums. A person of a certain age may not be wary of a door-to-door salesman.
It is ElectroLux.. super expensive vacuums. She had called them, as her cleaning lady said the vacuum ( an older ElectroLux) wasn't working well. so she had called the electrolux dealer and they sent out a repairman (so he was invited). He told her all the things that were wrong with her current vacuum (it had a washcloth wrapped around the beater.. I could have fixed this!) And talked her into buying a brand new one for $981! when I saw the charge and cancelled check on her bank statement I called the owner. He pointed out the 48 hour return policy. It's never going to be used, as she is moving into assisted living...
It is ElectroLux.. super expensive vacuums. She had called them, as her cleaning lady said the vacuum ( an older ElectroLux) wasn't working well. so she had called the electrolux dealer and they sent out a repairman (so he was invited). He told her all the things that were wrong with her current vacuum (it had a washcloth wrapped around the beater.. I could have fixed this!) And talked her into buying a brand new one for $981! when I saw the charge and cancelled check on her bank statement I called the owner. He pointed out the 48 hour return policy. It's never going to be used, as she is moving into assisted living... I just sent a complaint to the BBB
Also contact electrolux itself. Tell them that their dealership is going to be accused of Elder Fraud and that you will personally see to it that your story start to finish is widely distributed.
Actually, by law I think its 3 days. Can u stop payment at this point. His bank will just deduct it from his acct.
So sorry, I know this can be so nerve wracking. I would try and talk to the owner again. Has the vacuum been used. Maybe he can resell at a discount and the relative will just have to eat the difference.
It is ElectroLux.. super expensive vacuums. She had called them, as her cleaning lady said the vacuum ( an older ElectroLux) wasn't working well. so she had called the electrolux dealer and they sent out a repairman (so he was invited). He told her all the things that were wrong with her current vacuum (it had a washcloth wrapped around the beater.. I could have fixed this!) And talked her into buying a brand new one for $981! when I saw the charge and cancelled check on her bank statement I called the owner. He pointed out the 48 hour return policy. It's never going to be used, as she is moving into assisted living... I just sent a complaint to the BBB
Tell him that you are taking him to small claims court and will accuse them of Elder Abuse, and that you will report business to better business bureau (not that they do much in all truthfulness.)
She paid them by check and it has already cleared.. that's how I saw the purchase. I have emailed the owner of the dealership asked for him to re consider, and I sent a complaint to the BBB. Pisses me off that they take advantage of confused and elderly people!
Just because they have a 48 hour return policy on their contract,, does not mean it is legal. Check your state consumer protection laws. Here in BC you have 10 days to cancel a contract.
You've explained that she's old and confused and the vacuum hasn't been used, IMO anyone with an ounce of integrity would have no problem taking it back. If this a** h*** wants to play hard ball then you are justified in doing the same. Do you have a community facebook page? You don't need to say anything slanderous, the facts speak for themselves.
Selling this to ANY elder is right at the base of it consumer fraud, and there are laws against fraud on elders. This would be worth checking in with a phone call to Elder Law Attorney to see where to report this. Then tell the dealership that you are contacting Electrolux and do so. Call the news agencies in your area. Tell the dealership that you will see to it that this story is widely distributed if you have to show up with a posterboard in front of their place every weekend for a year. Tell them that they are now your "life mission" to tell the world who they sold a 1,000.00 vacuum to. Make them very afraid. Put it on the phone and put it in writing and start at once. Tell them you will take them to small claims court for elder fraud and elder abuse and deceptive sales fraud. Tell them you will make them FAMOUS. Enlist people, if you have friends, in calling the dealership daily.
Contact the Consumer Affair agency in your state. It may take them a while (they are pitifully understaffed) but they usually can recover the funds for you.
My mother bought a 9,000 pd. Kirby, under similar circumstances. She was 88 at the time. Those things would give anyone a hernia.....let alone a frail 114 pd. senior. She was completely re-imbursed after the 3 day waiver. Good luck and don't back down!!
TV stations can intervene in these situations. I've seen our guys here in Cleveland get results with these kinds of people. Having a known reporter show up at your store asking questions and knowing that's going to show up on TV in front of thousands -- or potentially millions, in a large enough market -- can get even the hardest jerk to back down.
I see you're in Indianapolis. Here are some email addresses/websites for your TV stations and newspaper:
I'm adding on to the suggestion of sending a notarized, certified, return-receipt-requested letter. Besides providing a paper trail, doing this gives this business notice that you are very serious. In the letter, lay out the dates of the sale and all contacts with the business since then. This documentation can be used as you progress.
I see that you have POA for the cousin. I would think that an appropriately worded letter from your attorney stating at the transaction was unauthorized by her POA may let them know you’re not going away. Our lawyer loves to do little diddly fun stuff like that for us and there’s no charge.
This is plain & simple elder financial abuse. Repairman, not vacuum cleaner salesman! Just because she invited him in, shouldn't make a different. The lousy people are praying on the elderly & it's well known & a disgrace!!
Threaten a lawsuit if they don't return payment immediately. Start out over the phone, asking for the name and address of their attorney. You might want to write out a short but legally scary explanation of what their company did to an unsuspecting, mentally addled woman who is not in charge of her own finances, and how they refuse to rectify the situation before you call. It will make you come across as cool, calm, articulate, and big trouble for them. I find that complaining calmly and rationally usually gets you what you want. Just don't give up or settle for anything less than a full refund.
Go to the FTC. 1 877 382 4357. Especially, with the situation, I'm sure they will help you. This is elderly financial abuse. A scam. You will need the information you are reporting. This is for Pennsylvania. If you do not live in Pa., look up elder financial abuse.
I know its no help but I find this mind boggling - we just don't have these sort term return dates in Europe - here its a standard 30 days changed of mind (provided not used) up to 1yr for break down and no time limit on not fit for purpose. Plus in UK we have a nationwide assistance body based in just about every town which will refer cases like this FOC to national trading standards body who will not only sort but have company trying to jump as high as possible to sort things our. I can only wish you luck with whatever consumer rights departments you do have, and totally agree with approach SFdaughter suggests - I don't know if it makes a difference in US if one is going to write a letter like she suggests whether you have used company complaint procedure first - again that is something we would have to do here, and they have to publish it - I'm sure plenty of others will know whether that is necessary or advantageous in US.
Threaten to contact BBB, write reviews on yelp, Internet, contact parent company, contact local consumer protection (and elder protection) agencies and if the buyer is (clearly) impaired take the seller to small claims court alleging fraud.
My Husband purchased a lawn mower, a rider. I will admit that we needed it but he..and this is the first time he EVER did this..purchased an extended warranty for it. I went back to the store and told them that legally he had been diagnosed with Dementia and that he was not able to enter into a contract as he did not understand what he was doing. They did void the warranty. Although I did threaten that I could probably have the entire sale voided.
My suggestion to you is contact the company and tell them that your cousin was not legally able to enter into a contract. They may claim that the salesman is not able to "diagnose" or "recognize" a person with a cognitive decline but if you can point out some of her "idiosyncrasies" it might help. (In my Husbands case I pointed out to the salesman that the temp was 90 degrees F and the man he sold the mower and warranty to probably had on a leather coat, gloves and a hat..he agreed that it did seem odd)
Another piece of advice that you did not ask for...Your cousin probably should not be left home alone. I hate to say it but she is lucky that all that happened is that she was sold a vacuum cleaner and she was not harmed physically. I would also check to be sure that she has no cash lying around in the house and that all valuables are placed in a safe. (The safe can be there, I would have it bolted to the floor and I would not leave the combination around)
Another good way to get a response is Social Media. If you post a lot or know someone that does this is something that people will pass around and get angry over. All they see is a Big company taking advantage of someone.
For for your own bank account, or if you are managing or overseeing someone else's, most banks today have the ability to notify you, by text or automated phone call, about a transaction that exceeds a certain amount of money, so that you can authorize it or deny it.
It's it's generally an option you must sign up for, but typically there is no charge for the service.
They may not know about a check if it is given to a merchant they deposit the check into their account then it is processed. It might take a few days. (And if they have a time limit on a return they may "play" with the money a bit longer.)
Let me play devils advocate here. To be fair she invited the repairman into her home. They did not come knocking on her door. This could also get turned around on you - if you had concerns about her ability to handle her finances and you have her POA because of this, then why didn't you do a better job of making certain she could not get taken advantage of in this way? Remove the checks? Only give her a credit card with a certain limit? As consumers and caregivers we cannot have our cake and eat it too, we cannot say "Oh, I want Aunt Mary to live at home as long as possible and she will pitch a fit if I take her checkbook so I don't want to deal with that right now" and then complain when she uses her checkbook. This is why businesses get tired of dealing with elderly consumers and their families and make it so hard. To you it is a one time thing, to them it is a daily occurrence. If you question someone's cognitive status just because they are elderly you are accused of age discrimination and ageism - if you don't and treat them the same as other customers and respect them as adults, you get accused of fraud.
Christopher Elliott is a Consumer Guru. He has a website and writes for several newspapers. He has a team that works on problems such as this, when they feel they can do some good. It is a free service, and he also shows names and addresses of CEO's and higher-up's who one might write to. He always suggests paper trails, which it sounds like you're doing. He has helped me in the past with a consumer issue, and you may wish to try using him and his team.
If possible, take the credit cards and check book. She may not even miss it. Apparently she is incapable of handling money. That sure is a lot of money for a vacuum cleaner.
In reality APS is there for the serious abuse typically something involving the physical well-being of an elder. This is a consumer law situation. APS will do nothing, they have enough to do without this even though I so agree about this being exploitative.
I would just love an update on this situation. Have you tried any suggestions and has anything worked. I believe that the case would go against them in small claims court.
I sent an email direct to the owner of the vacuum shop (no response), I sent an email to ElectroLux corporate office (no response). I contacted the BBB and they have opened a case number and sent a notice to the owner. Next steps : sending a certified letter notarized. Then an elder abuse hotline number. I'm still pissed...
This will help get them to change their business practices, nobody likes to do business with a company that exploits seniors or vulnerable people.
I would also contact the better business bureau and file a complaint, contact your local business license bureau and find out if they have a way to make a complaint.
Financial exploitation is a crime.
It may be time for her to not live alone, God forbid but what if he was a violent criminal?
It's never going to be used, as she is moving into assisted living...
It's never going to be used, as she is moving into assisted living...
I just sent a complaint to the BBB
So sorry, I know this can be so nerve wracking. I would try and talk to the owner again. Has the vacuum been used. Maybe he can resell at a discount and the relative will just have to eat the difference.
It's never going to be used, as she is moving into assisted living...
I just sent a complaint to the BBB
I see you're in Indianapolis. Here are some email addresses/websites for your TV stations and newspaper:
(NBC affiliate) 13investigates@wthr.com
(ABC affiliate) https://www.theindychannel.com/news/call-6-investigators
(CBS affiliate) news4@cbs4indy.com
(Indy Star - Newspaper) justin.mack@indystar.com
The other advantage to this is you may prevent some other older person with cognitive issues from having the same problem.
Best wishes.
Threaten to contact BBB, write reviews on yelp, Internet, contact parent company, contact local consumer protection (and elder protection) agencies and if the buyer is (clearly) impaired take the seller to small claims court alleging fraud.
If no refund is provided, do all those things.
My suggestion to you is contact the company and tell them that your cousin was not legally able to enter into a contract.
They may claim that the salesman is not able to "diagnose" or "recognize" a person with a cognitive decline but if you can point out some of her "idiosyncrasies" it might help. (In my Husbands case I pointed out to the salesman that the temp was 90 degrees F and the man he sold the mower and warranty to probably had on a leather coat, gloves and a hat..he agreed that it did seem odd)
Another piece of advice that you did not ask for...Your cousin probably should not be left home alone. I hate to say it but she is lucky that all that happened is that she was sold a vacuum cleaner and she was not harmed physically.
I would also check to be sure that she has no cash lying around in the house and that all valuables are placed in a safe. (The safe can be there, I would have it bolted to the floor and I would not leave the combination around)
Another good way to get a response is Social Media. If you post a lot or know someone that does this is something that people will pass around and get angry over. All they see is a Big company taking advantage of someone.
It's it's generally an option you must sign up for, but typically there is no charge for the service.
Next steps : sending a certified letter notarized. Then an elder abuse hotline number. I'm still pissed...