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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27113
Experience:  Began practicing law in 1992
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What is my recourse when a Companys 30 Day 100% Money Back

Customer Question

What is my recourse when a Company's 30 Day 100% Money Back Guarantee Requirements were designed to be Impossible To Meet?

I purchased a $400 marriage help product (Mort Fertel) in good faith at a difficult time.

Following the course instructions, I didn't schedule my "laser focus" 10 minute call with Mr Fertel that is included with the program. You are instructed to listen to 8 recorded question and answer CD's each over an hour in length over a several week time frame because your question is "most likely already been answered".

After 3 weeks I decided this program wasn't for me. I contacted their customer service phone, and reached a recording. I left a message, but it took 3 calls over a 5 day period to reach a human being. They then emailed me their return policy, which required among other things that I had to complete the 1 on 1 "laser focus" session. I asked to schedule the session. They sent me a calendar of available times, but there were no times for over 30 days! When I emailed back that there were no appointments available within the guarantee period, I was then told that my return needed to be received the next day and my time was up, NO EXCEPTIONS!

It took me 5 days to reach customer service, and another 2 days and several emails for them to say - "now your time is up"! I would have had to schedule my appointment BEFORE I bought the product to meet their return policy, yet that is a requirement? Their guarantee is designed to be difficult if not impossible to meet! I returned the product in perfect condition, and filed a dispute with American Express that is currently ongoing. A week later they I received the materials I returned back in a torm oversized manilla envelope from them, and now the contents are scratched and worse for wear from their shipping back to me! Today I received a notice of an attempted Certified Letter from an Attorney, re: Fertel. I googled the attorney, and it was a Medical Malpractice atty, and the return sender's name of David E. Fink, Esq, and then "D. Fink P.A." Wondering if that means his personal assistant sent a letter to scare me. this is becoming bizarre! What should I do?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

I need you to be a little more specific in your question(s) if you could. When we answer general ones like "what should I do" we have to give general answers and, invariably, the customer responds with "I already knew that". This type of forum works better if you ask specific questions so we know exactly what you are looking for.

Customer :

What is my best recourse to get my purchase refunded when this company's return policy was designed to be difficult if not impossible to meet? They have a 30 day 100% return guarantee: 100% Money-Back Guarantee


Ordering is RISK FREE. In short, if you're not satisfied for any reason, just return the materials to me in resalable condition received anytime within 30 days of ordering, and as long as you've used me for your private 1-on-1 session (included with your registration) by then, I'll gladly refund your money. I can't be any fairer than that. No questions asked. But I know it won't happen because this program works and I'm going to be there for you every step of the way to make sure you succeed. yet it takes over 30 days to book an appointment for their required "laser session". Their course materials advise that you to get well into the program (i.e. spend a lot of time while "the clock is ticking"...) before scheduling this 10 minute session. I began leaving messages with customer service a full week before the 30 days was up, yet it took 5 days for them to actually answer the phone.

JD 1992 :

Did you pay for this via credit card?

Customer :

Didn't mean to send this conversation yet.... Please note that to return the product you must have used the "laser session" yet when I tried to book the session, there were no appointments within a 30 day window.

Customer :

Yes I paid by AMEX and it is under dispute. Yesterday I received two notices of Certified mail from an attorney regarding this from Mort Fertel. Do I have to sign for them? I have done nothing to warrant legal action.

JD 1992 :

You don't have to sign for them but you probably should. If you don't they'll just file suit.

JD 1992 :

Your best solution at this time is to turn it over to a lawyer, the only way to get your money back if AMEX ends up siding with them is to file a lawsuit.

JD 1992 :

In a case like this where they make it impossible to meet their requirements then a judge will just ignore the impossible requirement.

Customer :

Senders name is David E. Fink, ESQ , on the return receipt, but on the certified letter it says D. Fink P.A. - maybe a personal assistant? I think they are bullying me. The company is in Baltimore and I am in California. it is a $400 product, hardly enough to file suit over don't yu think?

JD 1992 :

PA is usually Professional Association.

Customer :

This fink fellow is a Medical Malpractice Lawyer... seems fishy

JD 1992 :

You need to check your contract and see if you agreed to venue being in any particular place.

JD 1992 :

AMEX is pretty good about siding with their customers, unlike some companies.

Customer :

This was an online purchase, I wouldn't have spent this amount of money without the guarantee. I was trying to contact them a full week before the 30 days was up, and it took 5 days to actually speak to customer service.

JD 1992 :

That's not uncommon for this type of purchase.

JD 1992 :

They count on people giving up before they get a resolution.

Customer :

I can't find any information about legal issues on their site so far...

JD 1992 :

Did you have an actual signed contract or just a click thru on their website.

JD 1992 :

?

Customer :

Can I leave this open with you until I receive the legal letter and see what it says?

Customer :

Just a click through purchase. I'm looking for the receipt now...

JD 1992 :

It will time out within a day or two and close but you certainly can feel free to come back when you get the letter. Also, once you issue a Positive Rating the question locks open and will no longer time out so if you think of any follow ups later you can always come back to it as well.

Customer :

Thank you for your order!

Order Information
Merchant: Marriage Max
Description: Marriage Fitness with Mort Fertel OrderId XXXXXXXXX /td>
Invoice Number: 211544419

Billing Information
Jan Davidson
7320 Santos Road
Lompoc, CA 93436
US
XXXXX@XXXXXX.XXX
(XXX) XXX-XXXX
Shipping Information

Total: US $414.99

American Express
Date/Time: 28-May-2013 16:11:00 EDT
Transaction ID: 5271434998
Customer :

That's it for my receipt.

JD 1992 :

Nothing on there that makes a difference one way or another.

Customer :

I also filed a negative review on a website called trust pilot. That probably pissed them off if they even know about it, but it was factual.

JD 1992 :

If it was factual then you aren't in any danger from that.

Customer :

Trust pilot was very careful that there was no defamatory language and confirmed that I had actually made the purchase

Customer :

That's why I'm surprised they sent a legal document. Also AMEX has not closed the dispute yet.

JD 1992 :

It may just be a form letter that an in house counsel sends.

Customer :

CAn you delete my receipt if this is not a private conversation?

JD 1992 :

I can ask them to hide the conversation when we are through and you have issued your rating.

Customer :

Why would in house council be a Medical Malpractice Attorney - nothing about any other business type of representation:

Customer :

Medical Malpractice
Personal Injury
Social Security Claims
Life Insurance Claims
Insurance Disputes
Workers Compensation
Lead Paint Poisoning
Automobile Accident
Birth Injury

Customer :

Getting appropriate compensation for your injuries is difficult and representation from knowledgeable accident attorneys can make all the difference. Insurance companies have lawyers to settle quickly, leaving you and your loved ones in a vulnerable position. David E. Fink is an injury attorney dedicated to fighting insurance companies to attain the maximum compensation for his clients.

Don't settle out of court before consulting with David or another of Maryland's accident lawyers to discover the compensation to which you are entitled. If you are seeking accident attorneys or DUI lawyers in Baltimore, browse our website to learn more about why David E. Fink is the best choice. Contact our Baltimore office for more information or to schedule an appointment for a free initial consultation to discuss your case with an experienced personal injury attorney.

What Makes David E. Fink Your Only Choice?
David E. Fink has been a practicing Maryland Attorney for the State since 1991. He is the recipient of the prestigious "AV Outstanding" Rating From Martindale-Hubbell National Attorney Rating Firm.

He has been honored by inclusion in The Bar Register Of Pre-eminent Attorneys, has been a speaker at The Judicial Institute of Maryland and has lectured and published extensively in the area of Insurance Dispute and Workers' Compensation.

JD 1992 :

They may be related to the person that owns the company, etc.

Customer :

Seems a wierd choice for a marriage experts opinion

JD 1992 :

It is unless there is some other connection.

Customer :

How do I find out any legal stuff if not on his site? If it's not posted, and the policy is obviously intended to me difficult if not impossible to meet, it's misleading. Isn't that illegal?

JD 1992 :

My guess from experience is that there is a "terms and condition" that you have to check off that you read before making the purchase. That would be the only time you would normally see it.

Customer :

I'm looking on their site map and nothing there...

Customer :

Here's the order page Marriage Fitness Audio Learning Program
5 CD system that includes:
Step-by-step instruction for how to save and restore your marriage.
Inspiring stories that'll offer you hope and motivation.
Special relationship practices that'll turn your spouse around too.



Questions? Email XXXXX@XXXXXX.XXX or call XXX-XXX-XXXX
Checkout Confirmation
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Required fields are in bold.

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Subtotal: $69.95
Shipping: $6.99
Total: $76.94
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© 2013 Marriage Fitness with Mort Fertel - All rights reserved.Powered by 1ShoppingCart

Questions? Email XXXXX@XXXXXX.XXX or call XXX-XXX-XXXX

Customer :

Nothing there to check about any policies.... Just the big GUARANTEE - that part didn't copy, but it's very bold 1.5 tall x about 8" "100% Money back Guarantee" that I posted earlier in this conversation.

JD 1992 :

I've never seen one quite like that. However, there is no law that says they have to have terms and conditions.

JD 1992 :

They just can't rely on them if they don't.

Customer :

I authorize MarriageMax, Inc. to charge my credit card for the above total. I declare that I accept the business terms and conditions and refund policy.

JD 1992 :

But there are no "business terms and conditions and refund policy"?

Customer :

Not that I can find anywhere. I returned the materials in perfect condition, however I was discussing the return with customer service and we sent emails back and forth, when I tried to book the session, and there were no appointments for over 30 days, they then said somehting to the effect, "We looked up your receipt and your 30 days are up tomorrow - no refund NO EXCEPTIONS"

Customer :

I have the email chain, just have to remember his assistant's name. This is after it took 5 days to speak with someone...

JD 1992 :

If it didn't say that before you paid then they can't hold you to it.

JD 1992 :

In addition, they can't stall and make you miss a requirement.

Customer :

They totally stalled. I received a call responding to my original message a week before the time was up, but that was way after the deadline. I have it all documented in the materials I sent to AMEX even my notes in my appointment book and online calendar!

Customer :

That wasn't clear. Someone called repoonding to my timely call, but that was something like 10 days later.

JD 1992 :

You're not going to have a problem winning the case but that may be what it takes, you actually having to file a lawsuit.

Customer :

Hope AMEX supports me. What about the Better Business Bureau in Baltimore?

JD 1992 :

The BBB doesn't have any power any more.

Customer :

Bummer.

Customer :

Can't find the terms and conditions, I think they are the same as the guarantee. They just stalled and didn't work with me at all. I've seen onlin where other clients have been treated this wasy to, one where VISA supported them (customer) and one where AMEX didn't.

Customer :

Thank you, I'm late for dinner to celebrate my 35th anniversary....

Customer :

Ironic, huh?

JD 1992 :

Yes, it is, just a little.

JD 1992 :

I do wish you the best on this but if you pursue it you should be successful.

Customer :

I'll wait to see what this certified letter has to say... bye for now

JD 1992 :

If you have to sue you can also recover your attorney's fees if you decide to hire a lawyer.

JD 1992 :

Bye.

Customer :

Thanks Bye.

JD 1992 :

Best wishes to you. Please don't forget to leave a Positive Rating (of course I'd suggest Excellent) so I get credit for my work. The experts only get credit from the website when you issue a Positive Rating.

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