Don't make our mistake
Complaint
Polly Globe
Country: United States
We attended their presentation and after some calculation decided to pay for the membership which was $4990. We wanted to update our kitchen and bathroom cabinets, as well as bedroom furniture. We put down about $1000, and the rest was financed through their lender Beta Finance.
A month later we started planning our purchases and realized we were about to pay more by buying through them than we would otherwise. What the don't tell you on their presentation is that while you save about 10% on furniture they add 8 % handling charge in addition to 7% tax, and that doesn't include shipping.
I am now trying to get our membership money back. Do not become a member! Buy from other stores.
A month later we started planning our purchases and realized we were about to pay more by buying through them than we would otherwise. What the don't tell you on their presentation is that while you save about 10% on furniture they add 8 % handling charge in addition to 7% tax, and that doesn't include shipping.
I am now trying to get our membership money back. Do not become a member! Buy from other stores.
Comments
Could you please help me to cancel my contract with DB, I signed on Sunday 6 th September(3 days ago) at Ottawa, I did not purshased anything from them.
Thanks
well they can try and hide the info, but it never goes away, just look in the archives of any web site. ( like I mentioned about www.infomercialscams.com/) previously
IMMEDIATELY, Send your registered letter, TODAY!!!!
...to owner-signed by names on contract-
their actions are contrary to the Consumer Protection ACT of Ontario,
they put you under undue pressure to join,
-if the contract says "no refunds" that caused extra pressure
-if you have not recieved access to prices yet, then you can say that they have delayed your access to prices...
Letters from Dawn are near the end of the file will help...she got her money back with my help. We are both in Ontario & I got my money back first.
You want a refund of any deposit made,
tell them respond only by mail, not e-mail and not by phone,
ANY questions, please ask quickly!!
I just responded to you above...prepare your registered letter today...
Refer to my letters to Dawn from p. 15.
See my June 18th letter to her outlining the detail to include.
Move fast, ask any questions on this site today & I will answer you.
I am not sure if anyone is willing to call you or not, but I cannot, so I hope that you check back soon.
I hope that you have a copy of your contract & have kept written proof of cheaper prices.
Have you purchased anything?
The only option I can recommend is to send registered mail with proof of cheaper prices.
You can include that they put you under undue pressure by promising you the lowest prices, and they knew that their prices were not cheaper.
Illinois has a Consumer Fraud and Deceptive Business Practices Act that you can google and find several leads to info,
Poznak Law Firm Ltd. has an interesting descriptionm of the law that you can use to help you write your letter.
Any questions, please ask. Good Luck
If you joined the DirectBuy in Chesterfield, MO, please see the details below for a new class action affecting that franchise. Good luck & keep us posted:
Legal Information (Case #09SL-CC-03852)
Graves Bartle Marcus & Garrett, LLC
1100 Main Street
Suite 2700
Kansas City, MO 64105
http://www.todd-graves.com
Investigation Scope
Missouri
Category Information
Investigation Topics
Misrepresentation
Unfair and Deceptive Services
Over Charge
Rebates
Excessive or Unauthorized Fees
Financing Memberships
Products or Services
Home Appliances and Fixtures
Retail Discount Shopping Clubs
Injury Type
Monetary Loss
Investigation Details
This is an ongoing investigation and pending class action lawsuit filed on behalf of consumers in Missouri that have purchased "memberships" from DirectBuy's franchisee located in Chesterfield, Missouri, which is operated by a company called Evamor, Inc.
DirectBuy allegedly bills itself as a nationwide buying club that promises members access to brand-name manufacturers of home goods and supplies and the opportunity to buy merchandise with no “hidden store markups and middlemen costs". Generally, the merchandise includes furniture, flooring, carpeting, cabinetry, window treatments, appliances, lighting and home improvement products.
DirectBuy runs an aggressive national marketing campaign, including informercials, internet advertising and direct mail. The class action complaint provides some of the statements used in DirectBuy's marketing efforts:
1. As a DirectBuy member, consumers can save 40-50% of retail prices.
2. The people at DirectBuy are experts on how to stop losing your hard earned money on retail markups.
3. As a DirectBuy member, consumers join an organization that purchases directly from the manufacturer or their authorized dealer.
4. As a DirectBuy member, consumers are guaranteed no retail markup.
5. As a DirectBuy member consumers are no longer in the dark about that items really cost.
This marketing campaign, alleges the class action lawsuit, has one desired goal: get consumers into the store. The class action investigation alleges that once in the store, a consumer is subject to a high-pressured, 90 minute presentation. The consumer is not allowed to price compare the DirectBuy merchandise with similar retailers and further told that if the consumer does not agree to become a member on the spot then that consumer is barred from becoming a member for 4 years. Based on numerous consumer reports and complaints, the presentation uses high pressure and strong arm tactics.
It is only at the end of the presentation that the consumer is told the cost of the membership. The cost is close to $5,000 for three years, then $190 a year for an additional seven years. If the consumer cannot afford the membership then an affiliate of DirectBuy will finance the cost of the membership for close to 20% interest a year, according to some reports. The franchisee and DirectBuy share in this fee.
The class action lawsuit contends that the central premise behind DirectBuy--that there is never a retail market-up--is simply not true. The class action lawsuit cites the following in support of its allegations:
1. That manufacturers and suppliers pay to DirectBuy and its franchisees a rebates, discounts and incentives for purchases made by DirectBuy members, which is equavalent to a "retail markup". These rebates and discounts are not passed onto customers.
2. The member must pay to DirectBuy and its franchisees a "handling fee" of 8% of the purchase price, which is in fact a disguised "retail markup".
3. The members must pay a 15% "freight charge" which is in fact another retail mark-up.
The class action lawsuit against DirectBuy seeks among other things repayment of the fees paid as described above.
Defendant Details
Name (Stock Symbol) Brief Description
DirectBuy DirectBuy is a nationwide buying club, with headquarters in Merrillville, Indiana. Consumers who pay to become members of DirectBuy can purchase home goods and products at discounted prices. Generally, the stores are operated as franchises.
Evamor, Inc. Evamor, Inc. is a franchisee of DirectBuy that operates in Chesterfield, Missouri. DirectBuy is a nationwide buying club, with headquarters in Merrillville, Indiana. Consumers who pay to become members of DirectBuy can purchase home goods and products at discounted prices. Generally, the stores are operated as franchises.
If you have had similar experiences as those affected by this investigation
click here contact the law firm directly.
Let's all hope that all of this comes back to haunt DB in the end!
I still believe that justice will prevail. They can't continue getting away with this.....
thank you for your help, I sent an email yesterday but they did not respond to it, I will send a registredd tomorrow, I signed my contract in Ottawa, but I live in quebec, they did not give me a french copy of the contract does the consumer Protection Act apply in my case or is it quebec legislation
If you are a permanent resident of Quebec, and French is your first lanquage, I think that you should have a good chance of including these facts into your reg'd letter.(signed without understanding the language clearly...undue pressure, also)
An English contract is open to misinterpretation and is misleading because it is unclear.
A contract in English & if it is your second language, then they do not have the right to make you sign in English.
I am not sure what part of law it is related to.
I suggest checking with the Que. Consumer protection at 1-888-672-2556
Also, Ontario consumer protection 1-877-665-0662
416-327-8300
Let us know how you progress...don't give up
Sorry I missed your letter.
I suggest a follow-up fax,stating that you have not received a response yet. You acted within the 3 day cooling-off period and your request was ignored.
Did you get access to prices during the 1st 3 days, then I would include the fact that you did not get the price access in time to make an informed decision.
Don't give up because we just received another success story from Chantal who is getting a full refund because she continually found cheaper prices & did not buy anything from DB.
If you post a letter at the end of the file, you will get a response quicker. Good Luck.
I also signed the financing contract with Beta finance do I need to contact them or is it all the same campagny, they are supposed to start taking money from my account at the end of October.
You applied the law & followed "my rules" you worked hard and you did it.
I am soooooooo happy for you.
ANOTHER SUCCESS!!!
Buy a lottery ticket, I suggest an instant scratch ticket. Why? because you have excellent odds in British Columbia. They print an average of 500 thousand tickets.
In Ontario, they print anywhere from 2 million, $3 dollar ticket.
Good Luck!!!!!!11
I'm glad that the consumer protection in Ontario confirmed that they are in charge of the law relating to your contract.
From my research, I have found that Ontario, Canada has the clearest and easiest CPA, compared to the rest of North America.
I am not sure how much they have changed the contract since I got my money back, but I am wondering if it still says, "no refunds...not sold on trial basis" IF SO,you can use this in your favour because CPA Ontario states that a contract can be unenforceable if it asks you to give up your rights that you are guaranteed under the Act.
I am also sure that you were pressured into signing a contract that is not written in your first language & that point is very easy to argue, due to the fact that it is very easy to misunderstand a contract written in English. The contract is considered to be vague and unclear, so db had a responsibility to interpret in French, both in writing and in their verbal explanation.
I am sure that you will get your money back right away.
AS for Beta, I suggest a follow-up fax, reminding them that you are requesting a rescision of the contract and you will also need written confirmation that the Beta financing will be cancelled, along with your refund. Be patient you will get your $$$ back.
I would also mention that you will not accept any phone calls, meetings or e-mails as a response, only a written answer is acceptable.
Request a response within 10 business days.
Good Luck.
I am sure that you would like to CELEBRATE 5 MONTH'S of our dedication in the War vs. the DB SCAMMERS.
We can't stop now, especially with this this slimy new "free trial" con game.
We have another success story from Chantal in British Columbia.
What is so fantastic about her, is the fact that she harrassed them & reminded them how many times she found cheaper prices, and she didn't even have to buy any "crap" from DB to prove it.
She got her money back in less than 2 months of written complaints, even after joining almost a year prior.
That is extremely successful, especially since prior to Chantal's success, someone else from B.C. claimed that their Consumer Protection would not help her and she just chose to give up. Maybe she will catch up with us, and try again, (hopefully).
I had even questioned that I thought that it did not make sense and I even enquired, who she spoke to at the gov't agency. She never answered back after that.
Anyway, we have been dedicated and making a difference for 5 whole months!!
I will correct by above info, because she actually
BOUGHT 1 CRUMMY ITEM FROM DB
GOT HER MONEY BACK AFTER OVER 1 YEAR AFTER JOINING,
IN BRITISH COLUMBIA!!!!!!!!!!!
WITHOUT A LAWYER!!!
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Everyone Scammed by DB, Don't give up. We can fight them together!!!!
Wow, I am constantly in amazement over how we're making progress against DB. The congratulations should also go to you as you have dedicated yourself to helping others......which, as you know is very rare these days. I am so glad that Chantal turned the tables on DB and got them "where they live"!
I can't believe we're celebrating our 5-month anniversary. My wife refers to you as "the other woman" in my life! We both got a big laugh out of that one. Thanks for your ongoing work....DB may be scamming people now, but we'll all get them in the end.