unethical and fraudulent sales practices
Complaint
Wendy
Country: United States
This complaint has also been filed with the Better Business Bureau in new york.
May 3, 2011
Industrial Chem Labs and Services Inc.
55 – G Brooke Avenue
Deer Park New York 11729-7200
Re: Unauthorized Product Shipment; Invoice – 86532
To Whom it May Concern:
We are in receipt of the above referenced invoice. As a prefatory remark, this invoice was not authorized and the product shipped was without any verbal or written authorization. Additionally, the series of events that led to this invoice and product shipment relate to a cold call sales and shipment scheme that violates professional business practices. We encourage your company to cease and desist this business practice immediately as it relates to Toscana or any other CCMC community and retrieve your product immediately.
First, we would like to make an official record that no member of the Toscana or CCMC team ever contacted Industrial Chem Labs directly inquiring about the product shipped. Rather, your sales representative contacted Toscana by cold sales call seeking information regarding our director of maintenance. During conversation with our staff member, your sale representative proceeded to tell the maintenance personnel about a sewer line product and offered to forward a sample to our community. Rather than a sample we received a 100 pound shipment of product that we did not order. Prior to this call, we had no knowledge of your company, had no established accounts with your company and do not have your company listed as an approved vendor for Toscana or other CCMC communities.
As mentioned above, we received the disputed invoice for unordered product on Friday, April 29, 2011. At that time, we immediately called to dispute the invoice and the shipment. Our call was returned on Monday, May 2, 2011 by Andy and then his supervisor Richard. As explained to both, we had not ordered and did not want this product. Your representatives insisted that Toscana maintenance personnel authorized this shipment but produced no signed PO, invoice, contract or other credible evidence of authorization. Our company and communities maintain very specific processes for vendor approval and ordering. Our maintenance team is very aware of these processes and procedures. One such procedure is that Toscana requires written authorization from the community manager and use of only authorized and preapproved contractors/vendors.
Once confronted, your company attempted to negotiate this transaction by removing shipping charges and lowing the per pound cost of the product to reduce the bill from $577.81 to $299.00. We informed Richard that we did not want the product under any circumstance. Richard advised that “the offer would remain on the table for 30 days at which time the invoice would be sent to collection”.
Your sales and shipment scheme is not new and has been well documented by the Better Business Bureau in New York. The Better Business Bureau rates your company an “ F” on a scale of “A+” to “F”. There have been 184 complaints filed against Industrial Chem Labs, 132 in the last 12 months, 131 which concern selling practices similar to those referenced above. See attached.
We did not order this product and refuse to pay for it. We will store the 100 pounds of Sewer Cleaner on our property for 30 days from the date of this letter. If it is not removed by that time we will consider it abandoned property and dispose of it. Further, if we do not receive acknowledgement of removal of the sewer product and voiding of invoice 86532 within 15 days, we will add our voice to the 184 others through the New York Better Business Bureau and file a formal complaint with the Attorney General’s office.
Sincerely,
CAPITAL CONSULTANTS MANAGEMENT CORPORATION
Wendy Mueller, PCAM, CAAM
Toscana Community Manager
Cc: Board of Directors
Carpenter, Hazlewood, Delgado and Wood PLC
May 3, 2011
Industrial Chem Labs and Services Inc.
55 – G Brooke Avenue
Deer Park New York 11729-7200
Re: Unauthorized Product Shipment; Invoice – 86532
To Whom it May Concern:
We are in receipt of the above referenced invoice. As a prefatory remark, this invoice was not authorized and the product shipped was without any verbal or written authorization. Additionally, the series of events that led to this invoice and product shipment relate to a cold call sales and shipment scheme that violates professional business practices. We encourage your company to cease and desist this business practice immediately as it relates to Toscana or any other CCMC community and retrieve your product immediately.
First, we would like to make an official record that no member of the Toscana or CCMC team ever contacted Industrial Chem Labs directly inquiring about the product shipped. Rather, your sales representative contacted Toscana by cold sales call seeking information regarding our director of maintenance. During conversation with our staff member, your sale representative proceeded to tell the maintenance personnel about a sewer line product and offered to forward a sample to our community. Rather than a sample we received a 100 pound shipment of product that we did not order. Prior to this call, we had no knowledge of your company, had no established accounts with your company and do not have your company listed as an approved vendor for Toscana or other CCMC communities.
As mentioned above, we received the disputed invoice for unordered product on Friday, April 29, 2011. At that time, we immediately called to dispute the invoice and the shipment. Our call was returned on Monday, May 2, 2011 by Andy and then his supervisor Richard. As explained to both, we had not ordered and did not want this product. Your representatives insisted that Toscana maintenance personnel authorized this shipment but produced no signed PO, invoice, contract or other credible evidence of authorization. Our company and communities maintain very specific processes for vendor approval and ordering. Our maintenance team is very aware of these processes and procedures. One such procedure is that Toscana requires written authorization from the community manager and use of only authorized and preapproved contractors/vendors.
Once confronted, your company attempted to negotiate this transaction by removing shipping charges and lowing the per pound cost of the product to reduce the bill from $577.81 to $299.00. We informed Richard that we did not want the product under any circumstance. Richard advised that “the offer would remain on the table for 30 days at which time the invoice would be sent to collection”.
Your sales and shipment scheme is not new and has been well documented by the Better Business Bureau in New York. The Better Business Bureau rates your company an “ F” on a scale of “A+” to “F”. There have been 184 complaints filed against Industrial Chem Labs, 132 in the last 12 months, 131 which concern selling practices similar to those referenced above. See attached.
We did not order this product and refuse to pay for it. We will store the 100 pounds of Sewer Cleaner on our property for 30 days from the date of this letter. If it is not removed by that time we will consider it abandoned property and dispose of it. Further, if we do not receive acknowledgement of removal of the sewer product and voiding of invoice 86532 within 15 days, we will add our voice to the 184 others through the New York Better Business Bureau and file a formal complaint with the Attorney General’s office.
Sincerely,
CAPITAL CONSULTANTS MANAGEMENT CORPORATION
Wendy Mueller, PCAM, CAAM
Toscana Community Manager
Cc: Board of Directors
Carpenter, Hazlewood, Delgado and Wood PLC
Comments
File a mail fraud complaint with the U.S. Postal Inspector. In addition, file fraud complaints with FTC, your state Attorney General, and the New York Attorney General.
It is a violation of postal regulations to mail an invoice for unordered merchandise through the U.S. Mail. Mail fraud statutes apply whether the merchandise was sent via USPS or a common carrier like UPS or FedEx.
Unordered merchandise may be treated as a "gift".
http://www.law.cornell.edu/uscode/html/uscode ... 09----000-.html
Illegal to mail anything appearing to be a bill or invoice, for unordered products.
http://www.law.cornell.edu/uscode/html/uscode ... 01----000-.html
Wendy
What's it going to take for NY to shut this company down? Obviously their Modus operandi is to ship products no one ordered then charge them for it with a extravagant shipping cost.
Make them visible in those places likely to either receive complaints from the whole country, or to take action.
Also, if we refuse to accept the package from the carrier, they would have no choice but to send it back right? Has anyone been filed to collections like the scammers have threatened?
Also, if we refuse to accept the package from the carrier, they would have no choice but to send it back right? Has anyone been filed to collections like the scammers have threatened?