We have all seen the modern version of county fair hawkers on the various home shopping channels.

Southern California resident Julia Ortiz was watching Shop HQ in March of this year and saw an item, “That seemed ideal for my 75 year-old husband who suffers from leukemia that greatly has affected his mobility.”

It was a $1,178 electric scooter from Tucson, Arizona, eWheels. “As it was being sold by Shop HQ, I felt confident in the product and eWheels,” Julia said.

Her trust in eWheels was badly misplaced, as it has an “F” rating from the Better Business Bureau, and horrible reviews on both Yelp and Amazon.

Fortunately she paid with her Citibank credit card which permits challenging any improper charge.

Damaged goods

“The Shop HQ operator told me, ‘The scooter will be custom delivered by two individuals who will unpack and assemble it.’ But it was delivered by one FedEx driver who pointed out a large hole in the box.

“I was afraid the scooter was damaged,” she told the FedEx employee, asked him to please send it back, but he refused, saying, “Why not open it? If it’s OK, fine, if not, call me and I will come right back later today to pick it up.”

Later that day, upon opening the box, Julia discovered significant damage to the scooter, including a broken seat. She called FedEx and was told that ShopHQ had to initiate the pick-up.

“So I phoned ShopHQ and the operator tells me, ‘There is nothing we can do unless you pay a $150 return fee!’

“What? This was crazy! It was shipped from eWheels, delivered broken and they expect me to pay to return it!!  Then I called you, Mr. Beaver.”

No help from Mr. Nasty

Requiring Julia to pay anything for the damaged scooter to be returned violates Federal Trade Commission (FTC) regulations, and the eWheels warranty which appears on ShopHQ’s webpage. It states: “Return shipping will be at the buyer’s expense unless the item is damaged or defective.”

It was clear that someone at ShopHQ was unaware or had misread the eWheels policy concerning damaged goods.

Now, you would think that, with ShopHQ selling their scooters, eWheels would want to know about Julia’s experience and help her, right?

Wrong.

With Julia on the line, I phoned eWheels and spoke with Operations Manager, Derrick. After our chat, Julia commented, “He could care less and is so nasty, so sarcastic! He just makes me mad! I worked in retail for years. You can’t treat customers that way!”

I have spoken with few people in his position as unpleasant as this guy. My guess is that he was the founding member of the “Black Eye of the Month” club in elementary school. I would not be surprised if his high school year book describes him as “Most likely to be murdered.”

He refused to pay shipping costs for return of the damaged scooter, instead, proposed sending her a replacement seat – not even knowing if it had sustained other damage.

Anyone considering an eWheels product absolutely must read Yelp and Better Business Bureau reviews.

Angel steps forward

Realizing there was no hope with eWheels, early in the evening of March 24th, I left a detailed voice mail for Cathy Bauer, Director of Customer Solutions at ShopHQ and asked her to look into Julia’s situation.

Talk about customer care — within the hour she called back, and this had to be around 9 PM Chicago time.

Cathy promised to immediately look into the matter, and do what was right for Julia.

Within 24 hours arrangements were made to pick up the scooter and ShopHQ issued a credit to her Citibank credit card account.

So, would she do business with ShopHQ in the future? “Yes, and I would get informed about warranties and return policies of before buying.”

Credit over debit

Especially during the past year, TV shopping has proven itself to be an essential service, with the better known channels having excellent Better Business Bureau ratings. That said, you’ve got to protect yourself when making a purchase, and that means, whenever possible, using a credit card that allows a charge to be contested whereas a debit card usually will not.

Cathy acknowledged, “Mistakes can happen and we try to correct them as soon as possible. Julia’s situation was the result of one of our people not being aware of the return policy for the scooter. We’ve been around for over 30 years, have an A+ BBB rating, and plan to be here 30 more.”

I’m sure they will.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Regardless of what area of law an attorney specializes in, this is a high-stress occupation. Law is a “people” business; people and problems, often of their own creation, many expecting the attorney to “fix” it with one phone call.

In terms of the numbers of lawyers with problems, you could say that we are not a happy bunch of guys and gals. Here’s something that all clients should consider:

A study published in the January 2016 edition of The Journal of Addiction Medicine confirmed “a substantial level of behavioral health problems among attorneys and revealed the cause for great public concern, with 28 percent of attorney reporting significant levels of depression, which is much higher than the general population.”

Additionally, the study found that “Between 21 to 36 percent of licensed, practicing attorneys can be considered as problem drinkers. Seven percent is the rate in the non-attorney population.”

So, how “together” is your lawyer? Ever wondered if you were being represented by an attorney who suffers from depression, drug or addiction problems? What are the signs that you can’t afford to ignore?

And if you suspect that’s the case, what should you do?

Just ask Brian Cuban those same question. Right, Cuban, like Mark Cuban, owner of the NBA’s Dallas Mavericks, and one of the Voicemail “shark” investors on the ABC reality television series, Shark Tank.

Brian is his brother. And Brian is a lawyer, a recovery advocate who tells a compelling story in his book that I could not put down, The Addicted Lawyer, published by Post Hill Press.

For the many lawyers who read this column, especially managing partners in law firms, give a copy to each attorney, as the odds are overwhelming that somebody in your firm could be very much as Brian describes himself, or knows someone who is. They can be helped. That’s his message, so well stated.

Blown away by our interview

On a phone call, how would you expect a 56-year-old man to sound, who describes himself as being mentally tortured by his mother for being overweight, having zero self-image, considering himself a fraud, a failure, alcoholic, and a drug abuser since his teenage years with three failed marriages?

I was expecting the voice of a wimp. Was I blown away!

Brian is engaging, articulate, funny, open and dedicated to helping professionals recover. He is a powerful speaker and his life, as reflected in The Addicted Lawyer, is a gift to the legal profession.

Warning signs something’s not right with your lawyer

Brian observes that lawyers tend to be very good at hiding their behavior from clients.

“Lawyers who are alcoholics or drug abusers can be very good at masking their behavior for a long time, and you see this through all sorts of excuses, blaming everyone else when things go wrong. What comes to mind immediately includes:

1. Missing hearings;

2. Not returning phone calls;

3. Voice mail that stays full;

4. Not returning correspondence.

5. Not being paid from a personal injury settlement as the lawyer has used the money for drugs and alcohol.

General appearance is often horrible

“When you are still drunk or hungover you don’t show up,” Cuban points out. “When the addiction is driving your behavior, work becomes secondary and you figure that you can manipulate your way out of it. The client may not find out until there is a legal consequence, such as a dismissal of the case, a default judgment, or being sued for unpaid medical bills.”

Definite signs that things aren’t right can be seen and smelled, as Cuban knows from personal experience.

“I can’t tell you the number of times my appearance in court or at a mediation was unkempt and I reeked of alcohol from the prior night of drinking. Rarely was anything said by anyone, and that is part of the problem facing clients and colleagues, denial or fear of speaking up,” he points out.

If things seem bad to clients and other lawyers they probably are – Act!

When asked what he regrets most about his past, he states. “It’s the collateral damage that I caused to so many people.”

Cuban feels that when other lawyers see this kind of behavior they need to speak up, both to help the attorney who they suspect is impaired, innocent clients, and the legal profession.

“Clients should confront the lawyer with the facts of what they are seeing, for example, ‘You have not returned my phone calls, failed to show up for a hearing, what is happening with you?’”

“Protect yourself,” he insists. “If you have a sense things are bad, they probably are, get a new lawyer before it is too late.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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“Mr. Beaver, you are probably going to think this is a joke,” began a phone call from a Central California reader, “but believe me, it is not. We were in an Albertson’s market in the Los Angeles area and saw a new kind of toilet paper made from bamboo on sale for a low, introductory price of $5.99 for 12 mega rolls, 400 two ply sheets. It is called Sensational Bamboo.

“The package describes the paper as ‘Soft and Elegant Premium Bath Tissue, tree-free, from highly sustainable environmentally-friendly bamboo-based resources, making it a more eco-friendly and sustainable alternative to trees.’

“We had never heard of toilet paper made from bamboo, so right there in the store with our three children, we researched the item and learned that bamboo can replace cotton and wood for many consumer uses.

“As environmentally aware high school teachers, we instill this concept in our children, and like the idea of bathroom tissue from a renewable source. With the really attractive price–about half of what you would usually pay for the same quantity–we purchased several packages, went home and replaced all of our toilet paper rolls with the bamboo product, and then, uh, waited until morning to give it a test.

“Mom! Yuck!!”

“Our kids are 8, 12 and 14, usually up well before me and my husband, and they are very considerate, rarely making noise. However, that was not the case the next morning, when I was awoken by Tracie, our 8-year-old, who yelled, ‘Mom, yuck! It hurts!’

“So, we ran to the bathroom and found lengths of toilet paper on the floor all torn in an odd way, as if someone was trying to shred the sheets. We asked Tracie what was wrong, and was she making a mess with the toilet paper?

“No mom, I wasn’t, but it didn’t tear right, and it is not very soft,” she replied.

“By this time, our other kids were all up, and they had the same comments, that the paper didn’t tear the way other toilet paper does, and wasn’t very soft.

“When it was time for us to test this new Soft and Elegant Bath Tissue, we had the same experience. While not sandpaper, it was inferior to major brands and did not tear properly. As you watch out for the consumer, we thought this could be interesting.”

Flushing out the facts

The only other time we wrote about toilet paper was years ago when readers raised a stink about Costco selling what appeared to be waterproof toilet paper — coated with too much manufacturing wax, refusing to get wet.

To flush out the facts and verify our reader’s complaint, we purchased a 12-pack of Sensational Bamboo bath tissue and, had the same, less than sensational results. Premium bath tissue it is not. While at this price it is acceptable, still the paper isn’t terribly soft and does not tear on the perforations, which explains 8 year old Tracie’s reaction.

Clearly on a roll, we phoned the manufacturer, Green Hygenics, based in Cape Coral, Florida, spoke with office manager Michelle, and were blown away by her openness and honesty.

“Yes, we have problems with the paper shredding and not tearing correctly due to poor perforations,” she told us. “Also, what you purchased is not as soft as earlier production runs. While the initial product run was done correctly, some of what Albertson’s, is selling now is not to the quality standards we expect,” she acknowledged.

“So what happened?” we asked.

Fox guarding the chicken coop

Her answer is a textbook reason why oversight in any business is so critical, and we will bet that Sensational Bamboo will become a case study for business administration majors.

It is the perfect example of what happens when you let the fox guard the chicken coop — and proof of just how correct President Ronald Reagan was, when negotiating with the Russians over nuclear weapons, stated, ‘Trust but verify.’ ”

“We contract manufacturing of our paper to a company in China,” Michelle explained.

“We trusted their quality control supervisor to watch out for us. That did not happen and now we have our own person on site. Also, we are greatly improving the product and in a few months it will be much softer and will tear correctly,” she pointed out.

“Albertson’s is aware of the problem and will refund the purchase price to any dissatisfied customer,” she added.

Would we buy it again?

The kind of honesty shown by Michelle merits the reward of a second chance, in our opinion. Yes, we would absolutely buy their bath tissue again, and will, in a few months.

You might say this was not a total wipe out!

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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January 19, 2026  • By Dennis Beaver

If you’re looking to retain an attorney, you might have heard: “Check their state bar’s website profile, because it will reveal anything negative.”

That is bad advice.

While it’s useful to look at a lawyer’s profile to confirm that they’re licensed to practice law, if there are complaints filed by dozens of clients over several years, you might never see them. Besides that, the absence of bad stuff on their profile is no assurance that you are dealing with an ethical attorney.

Please take a moment and read my article Why a Law Firm Secretly Recording Client Conversations Is Wrong (and Illegal), written last year, and ask yourself, “Would I hire this attorney?”

That story led to dozens of comments from lawyers and law professors across the country who felt this conduct would certainly lead to discipline by the State Bar of California.

Despite the incident being a monumental invasion of privacy and violation of criminal law, the bar decided the lawyer had been “negligent” and dropped the matter.

But negligence is not a defense to what happened. And I feel compelled to point out this is not a unique situation either, as the California bar has a poor reputation when it comes to attorney discipline.

State bar attorney profiles significantly understate real problems

State bar attorney profiles are generally thought of as a first line of consumer protection. Most people researching an attorney would expect it to help evaluate a lawyer’s competence, integrity, honesty and history of misconduct.

In reality, while formal discipline — suspensions and disbarments — will appear, you will not see:

• Complaints that were dismissed or quietly closed

• Complaints resolved through informal admonitions

• Malpractice claims that were confidentially settled

• Court rulings or comments from judges

• Repetitive complaints showing a lack of communication (“My lawyer never returns my calls.”)

Data collected by the American Bar Association and Florida Atlantic University found that some states do an excellent job with attorney discipline, while others — lacking staff resources for proper investigations — continue to permit incompetents and crooks to practice law.

Therefore, you’ve got to go beyond a state bar profile when you’re looking to hire a particular attorney. There are several lawyer review sites. Lawyers.com, Martindale-Hubbell and Avvo provide peer and limited client comments, but you won’t see “tell it like it is” forums for clients.

Google, including Google Reviews, and Yelp perform those important functions, providing the answers to questions you might have, such as, “What do clients say about this lawyer?” and “Are there red flags?”

Here are some steps you can take to explore a lawyer’s reputation with clients.

1. Begin your search with Google, typing into the search bar: (name of attorney) and then add each of these search terms (do the search for each term separately):

• Sued for malpractice

• Sanctioned

• Debt

• Complaint

• Suspended

• Disbarred

• Client fee dispute

Also, look for news articles or television stories. You might even ask AI what it thinks, though be careful to ensure the information shared is accurate.

2. Next, read Yelp comments, beginning with the one- and two-star reviews. While the four- and five-star comments will be interesting, even though it is illegal to falsify glowing praise, some lawyers are just like Jim Carey’s character in the film Liar, Liar.
Red flags to watch for include comments such as:

• Could never get the lawyer to call me back.

• No one knew a thing about my accident case.

• They ask clients for five-star reviews in exchange for gift cards.

• They raised their percentage from one-third to 50% without my approval, and we never went to court.

If you’re researching personal injury or sue-your-boss firms that advertise often on TV, online or on the sides of buses, look for comments such as the following that show up repeatedly over a span of years:

• Worst mistake I made in my life.

• Good luck to anybody seeking help from them.

• Unprofessional. Wish I never walked into their office.

• Their retainer, I learned later, violated my state’s law.

• Also, watch for comments about poor office management, such as:

Their bill was impossible to understand, and no one would explain it to me, but threatened collection action if I did not pay at once.

I paid the retainer, but no one called me to arrange an office meeting.

The lawyer failed to tell his new receptionist to not accept rent payments in an eviction case, so now we have to refile all sorts of papers.

3. Check local court records to see what might not be covered in reviews. Has the lawyer been sued for malpractice? What was alleged? Was there a settlement? How much?

Has the attorney been sued often for stupid things, like not paying the rent or the company that repairs office equipment or even paying employees their wages? People are consistent, and you don’t need that craziness.

Also, has the attorney filed suit against former clients for past-due fees? If yes, and the amount would awaken you from a coma, then you have to wonder: “How could a lawyer let a bill get so far past due?” That might suggest a lack of responsibility, and if so, do you want someone like that to handle your case?
Attorney malpractice insurance companies strongly advise against suing former clients for fees, as, typically, the client then sues the lawyer for malpractice.

4. Ask around. If you have a court case and know someone who works in your local sheriff’s department, ask if they know a court bailiff who would be able to share their assessment of the lawyer.

5. Once you get to the interview phase, watch for more red flags. If the lawyer says, “I can guarantee we will win,” run the other way. It is illegal for a lawyer to guarantee a result.

If you can’t get a reasonable answer to, “How much will you be charging me?” find someone who became a lawyer to help clients rather than think only of their bank balance.

You might also want to read my previous article, Need to Hire a Lawyer? Why Local is Best, for more advice on finding a good attorney.

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

The post Beyond the Bar: Your 5-Step Guide to Discovering Whether a Lawyer Is Shady appeared first on Dennis Beaver.

If you are about to buy a major appliance from Lowe’s or Home Depot, you might want to read this story first and take a moment to consider how angry, frustrated and upset you would feel if what happened to Southern California resident Bill Bright happened to you.

Based on what Bright has told me about his experience (backed up by receipts and emails), it appears Lowe’s, the nation’s largest appliance seller, doesn’t have its customers’ best interests in mind when the major appliances it sells fail within days after delivery.

Here’s the question that many shoppers never think to ask before purchasing a major appliance: What’s the return window?

What would you consider fair? What’s reasonable in view of the well-known fact that some appliances have latent defects that are not immediately apparent? A month? Two months? Or maybe even three months, which is Costco’s return policy?

Lowe’s slashed the return window for major appliances

While this is not a new policy for Lowe’s, it’s new to me, and customer Bright was not aware of it when he bought his fridge. In 2022, the home improvement chain cut its return window from 30 days to 48 hours for virtually all major appliances.

Check it out in bold print on the Lowe’s website. The clock begins running at the time of delivery or store pickup.

Lowe’s is not alone: Home Depot has the same policy, as do some regional appliance dealers.

Why would retailers do this, especially major ones like Lowe’s and Home Depot?

According to the April 8, 2022, edition of the appliance trade publication YourSource News: “According to sources, the new policies were initiated to help (Lowe’s) increase margin on its white-goods assortment.”

Other comments online, such as on a Reddit post, suggest one reason for the policy is that retailers are trying to block customers from using new appliances as rentals and then returning them weeks later. Which, of course, is not fair to the retailers, but the majority of customers are not doing that.

So under this 48-hour return policy, if you have an issue with your new appliance, you, the customer, must deal with sometimes frustrating service people sent by the manufacturer, because large retail chains have decided they don’t have to help customers who were unlucky enough to purchase a defective appliance from them.

That’s exactly what Bright experienced.

As an aside, while Lowe’s is not alone in implementing this policy, it doesn’t seem consistent with CEO Marvin Ellison’s “helping hands” philosophy.

According to reporting by Glenn Burkins, publisher of the Charlotte-based QCity Metro, Ellison said at a January 2025 Charlotte event, “Growing up in rural Tennessee, when your neighbor needed something, you helped them out. You couldn’t live well (when) your neighbor didn’t. That was something that was unconscionable where I grew up.”

It is clear that Ellison understands the difference between what is conscionable — just, moral, fair — and the opposite — unfair, not helping your paying customers, placing profits over people.

If Ellison practiced what he preaches and saw to it that Lowe’s treated its customers in a conscionable way, you would not be reading this article.

But back to Bright’s frustrating story.

Brand-new refrigerator failed, followed by weeks of hassle (and no fridge)

Bright’s nightmare began when his new Frigidaire side-by-side refrigerator was delivered on March 12. He allowed 24 hours for the fridge to reach operating temperature before food was placed in it.

“On Saturday, March 15,” Bright told me, “I found water on the floor, and the freezer was completely defrosted. I was unable to reach anyone at Lowe’s, but computer automation referred me to Frigidaire.

“On Monday, I called Frigidaire again, asked about getting the fridge repaired or exchanged. I was told that Lowe’s would not to take the refrigerator back as it had been more than 48 hours from the date of installation.”

Thus began his adventure, including Lowe’s corporate office refusing all help because of the 48-hour return policy for major appliances.

Bright said that over a period of more than two months, 15 different repair technicians were sent to his home by Electrolux, the maker of Frigidaire products. They changed part after part, but Bright still did not have a functioning refrigerator.

He would have been spared the hassle and expense of having to eat out if Lowe’s had simply refunded his money or swapped refrigerators, as it had done for years before 2022. Electrolux also could have helped Bright out by replacing the fridge when it became obvious it was defective.

Finally, Lowe’s comes through

In late May, a technician “condemned” the refrigerator, but Bright was once again put through delay after delay in receiving a promised refund from Lowe’s.

He said the store continued to treat him poorly, offering far less than the full cost of the refrigerator.

I got involved, in effect telling Lowe’s that their offer was an insult, and they finally agreed to a full refund.

Bill then bought a Whirlpool refrigerator from Costco, which, as mentioned before, has a return policy of 90 days.

“What upset me the most,” Bright said, “was Frigidaire acting as if nothing was wrong. I was without a fridge for 94 days.”

I reached out to Lowe’s to get an interview on this subject, and with CEO Ellison, but have yet to get a response. This article will, of course, be updated if and when the company does respond.

What can potential appliance buyers do to protect themselves?

First, always ask about a store’s return policy on the specific appliance you’re purchasing. You can also research a retailer’s policy online — most display it on their website.

Second, just because a return policy for a new major appliance is 48 hours doesn’t mean that a court will accept that as reasonable.

Forty-eight hours is clearly not reasonable and could be declared unconscionable. Under the Uniform Commercial Code (UCC) § 2-302, courts may refuse to enforce unconscionable contracts or clauses.

A customer could pursue a case in small claims court alleging that the refund clause was unconscionable and violated the UCC. Generally, retaining an attorney to do this wouldn’t be necessary.

AI chatbots such as ChatGPT, Google Gemini or Microsoft Copilot, can provide a great deal of useful information on this subject, which, if you were to take an appliance seller to court, could help in a big way.

If you do, please let me know the outcome.

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

The post Bill Bought a Fridge, and Then His Nightmare Began appeared first on Dennis Beaver.

This column is often copied on complaints readers have sent to businesses, governmental agencies and professional service providers. Some are easy to read, coming right to the point, outlining what happened and the desired outcome.

Others require setting up a Ouija Board and asking the spirit world to help me understand what my reader is upset about.

You would be surprised at the FedEx deliveries from readers who have written what amounts to a short story complete with copies of all documents connected to the transaction – receipts, instruction manuals, emails, texts, transcriptions of phone calls. And, there are typically 20 cc’s as well. I do not read any of this stuff, instead, phone and ask for a brief explanation of what it is all about and how I can help.

There is an art to writing an effective complaint letter or online post which not only gets results, but if handled correctly, can be a real win for all parties.

I discussed these issues with two friends of this column, business professors Lyle Sussman and David Schein.

Sussman is professor emeritus and former chairman and professor of management and entrepreneurship, at the University of Louisville. Schein is the Cameron Endowed Chair in Management and Marketing and Director of Graduate Programs in the Cameron School of Business at the University of St. Thomas in Houston.

He is also host of a tremendously interesting podcast, “Saving America,” and I had the pleasure of being one of his guests on: https://youtu.be/fWLkiQDWtyo

Both initially focused on one important aspect of the complaint process that is often overlooked with potential, far-reaching, damaging consequences:

What Does Your Complaint Say About You as a Person?

Sussman: You’ve got to assume your complaint will be read by people who have no connection to the issue. In 5 minutes, with social media, the post could go viral and be viewed by anyone in the world.

Schein: No doubt you are upset. But ask yourself. “How does my language reflect on me as a person? Does it make me look un-reasonable? Like I’m a nut case, just rambling on?”

No matter how angry you are, don’t use profanity! Step back a moment and think, “What if I was applying for a job or a promotion, my name is searched and up popped this angry, rambling post?”

Flip this upside-down, and the same reasoning applies to whoever is responding to the complaint. A sarcastic, nasty reply damages credibility.

Sussman: Show a rough draft of the complaint or response to someone whose judgment and common sense you trust. In the business world, this would be legal or public relations. Never forget that what you write could be shared with the world.

Complain to the Right Person in Detail – Respond Showing that You Care

One of the reasons I am copied on so many complaints is the apparent lack of a meaningful response. So, how can you increase the chances of a real person paying attention?

Schein: If you get no response, or a form-letter, nonsensical reply, then it is time to do some research and find a real person up the ladder to direct your complaint to. Find out who is on the management team, locate email addresses, and politely write them.

Sussman: Your complaint must include detailed information. For example, the date you received the product, specifically what went wrong, invoice number, and reference information so that management can find you.

From the company’s perspective, the more personal management can respond to the complaint, as opposed to a form letter, the better the chances for a positive resolution.

However, a form letter response which does not specifically and individually address the issues will be damaging. It will show that your company is unconcerned with really solving problems.

Therefore, say, “We will get back to you by (date) with (the information or action requested.)” The more specific the better – date, time and agenda. This shows that the letter writer has been heard.

Often we read online, “They promised to get back to me and never did.” If you promise a refund, a replacement, comp tickets, whatever, be sure it actually happens.

Schein: A well thought out reply can be a wonderful way of creating good will and help your business. But do not think of just getting someone off of your back. A nicely written reply letter or response to a post can have a positive impact well beyond this one case.

Be aware of the emotions involved. Show that we as a company care. Address the person by name, make your response personal and realize the value of empathy. You will achieve a very different and truly positive result that way.

Concluding our interview, both business profs urged, “Never be afraid to apologize, especially if the letter writer has stated that they felt disrespected. Be considerate and use paragraphs. Take your document through spell check as nothing conveys an insult like a poorly spelled document.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post Complaints that get results/replies that win you customers appeared first on Dennis Beaver.

You’ve heard the saying, “Sleep Tight and don’t let the Bedbugs bite,” but have probably never seen a real bedbug. Since the 1950s — and use of DDT with other powerful insecticides — these pests were thought to have been fairly well eradicated.

But they’re back, in large part due to increased travel, banned, effective pesticides, and furniture — even new furniture — delivered in trucks which have carried bedbug infested items.

Bedbugs are small, blood-sucking, reddish insects no more than 1/8th of an inch in length. They hitched a ride with America’s earliest European settlers, and have had a “close” relationship with North America ever since.

They are called “bed bugs” because warmth and nearby blood source is what attracts them. They just love bedroom furniture, because dinner — that’s us, folks — is served at a comfortable 98.6 Fahrenheit around an hour before sunrise. What is so diabolically interesting about how they feed, is the way they are able to painlessly suck the victim’s blood for several minutes. They actually inject a form of anesthetic, leaving victims unaware of what took place while they slept.

“Dinner” may have no idea until days or months later that anything is out of the ordinary. Skin may have a rash-like appearance, suggesting an allergic condition — instead of the real cause — sending patients and physicians chasing the wrong cause. Usually, where an insect bite is suspected, mosquitoes get the blame.

Where children are repeatedly bitten by bedbugs, emotional harm and fear often results. It was that way for 9-year-old Annette Hertz who, for several months, was bitten nightly by bedbugs after her parents bought a captain’s bed frame from Oak Furniture Liquidators in Bakersfield.

Here are the facts as You and the Law has been able to determine. I will state at the outset, there is no conclusive, scientific proof that Oak Furniture Liquidators delivered bedbugs along with the bed frame. But according to pest control experts I spoke with, “no other source of infestation appears remotely possible.”

Despite our request for comment, Oak Furniture Liquidators have issued no statement. As you will see, their lawyer was not quite as shy, nor was their sarcastic, “Hide the ball,” insurance adjuster.

On March 31, 2007, Doug Hertz bought a captain’s bed frame from Oak Furniture Liquidators. Their parent company is Winey-Bice Inc, and operates furniture stores in a number of Southern California locations.

Oak promptly delivered the captain’s bed to the Hertz family and it was installed in Annette’s room. They used her 3-year-old mattress.

Oak is a friendly company to deal with. I was informed that, within 14 days, “if a customer is unhappy with a purchase, we’ll pick it up, and bring it back to the store for sale as is.” I was also told by an Oak employee that, “like most other furniture stores, we will take away your old furniture and mattress.”

That’s important, as new furniture can easily become infested with bedbugs during transportation. Bed bugs move rapidly.

Within two months, Annette developed a rash. A number of doctors had no idea the cause, “as bedbugs aren’t exactly the first thing they think of,” Doug was told.

This curious skin illness went on for months, and Annette’s asthma worsened. In June of 2008, Doug went to wake his daughter, finding blood stains on the sheets and bite marks all over her body. Inspecting the bed and frame, he found bedbugs everywhere.

“I tried to eradicate them, myself, unsuccessfully and hired a pest control company. Despite their efforts, the bedbugs migrated into our bedroom,” he explained. Residing in Tehachapi, at 5,000 feet elevation — where it’s cold outside — no other neighbors have a similar problem.

“We have thrown out everything from my daughter’s room, replaced carpet, repainted, bought new furniture, and this has cost over $6,000. Oak only offered to replace the bed. We submitted a claim to their insurance company which was rejected in September 2008,” he told me.

After Oak’s refused to speak with me, I did get a call from their corporation’s attorney, Mark Thomas, of San Francisco whose attitude was, during every phone call, sarcastic and caustic, as was the Unigard adjuster who rejected the claim. “We are not changing our position. There are other facts of which you might not be aware.” “OK, like what? Tell me,” I replied. “I’m not going to tell you,” was her response, and then hung up. Mr. Thomas accused me of attempting to blackmail his client. “If we don’t pay them, you are going to write a negative story, aren’t you?” I told him that if I wrote a story, it would be truthful, and that he was welcome to speak with Doug, as I was not representing him. He did, and asked for a complete breakdown of all of their losses, and Thomas would “See what he could do to get the insurance company to change its position.”That information was received by his San Francisco office prior to Christmas 2008. It sat on his desk for weeks. “I was busy in trial,” was his excuse for doing nothing.

In my legal opinion, he undertook a duty to help Doug and his family, and his client as well. He did neither.

I ran this fact situation by a manager at one of the oldest and best respected furniture stores in my town, who asked to remain anonymous.

“This is a real, known problem for all furniture dealers. All of us pick up old furniture and mattresses, and hope nothing happens. But it’s a huge risk. There needs to be a law preventing us from transporting new furniture — especially bedding — in trucks which carry away old, used items. If it were us, I would bite the bullet and help the customer.”

So what’s the right thing to do? In my legal opinion, based upon the research I have done in bedbug cases, Oak Furniture Liquidators should have immediately stepped up to the plate and done whatever was necessary to help eliminate the bedbug infestation.

In a virtually identical fact situation in New Jersey, Attorney Kevin M. Siegel in July 2008 obtained a $49,000 verdict for customers of J.C. Penney who had been treated very much the way Oak Furniture Liquidators dealt with the Hertz family.

The management at Oak Furniture Liquidators and their attorney might want to take a moment and look into this case. They will find it instructive.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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“I cannot tell you who I work for, but if you go to Costco and find a bubble package of Motorola Talkabout 2-Way Radios, flip it over and read the information that describes how far–the range–you can get, I think you will be very pleased.”

Thus began an extraordinary phone call, the result of two articles we wrote earlier this year: Walkie-Talkies With a 35 Mile Range and Deceptive Walkie-Talkie Range Claims Ripping off Buyers.

To review briefly, our reader, Sammy, a member of Sam’s Club and Costco, “Found Motorola Talkabout radios on sale at both stores, and the 35 mile range claim on the package really sold me,” he told You and the Law.

But he only got less than ½ a mile, in a residential area, the same distance we obtained in our tests.

The articles did not mention any manufacturer by name, because they all make similar range claims.

“The only radios claiming a 35 mile range sold by those two stores were from Motorola,” my mystery caller stated. “You got some very serious discussions started at high levels. Accurate and much more useful information on the package was needed, and I think you’ll agree that now a buyer will have a better understanding of the range you can reasonably expect, under real-world conditions.”

How do you go from 35 miles to only half mile?

So, how do you get less than half a mile when the package states 35 miles?

“The answer lies in understanding how two-way radio waves travel,” retired AT&T Supervisor of Network Operations for Central California, John Strand of Lake Isabella told us. A radio amateur since 1962, Strand worked extensively with UHF and VHF radio systems.

“With no obstructions or structures, including houses, cars, trees, thick foliage–and we’re out in the open, at the same height–then 6 miles is as far as we can communicate. But if I am on a mountain, and you are in the valley below with no obstructions between us, this is optimal and great distances are possible.

“So when we see 12, 16, 20, 24, 35, even 50 miles on the package, these are feasible under extremely unique conditions and not the way most buyers will ever use the radios,” he points out.

“Give them to your kids who are out bicycling, to stay in touch with mom and dad, and once they round the corner and are out of sight, forget it! Only expect a couple of blocks– half a mile to a mile at most–in virtually all situations,” Strand underscores.

Now buyers have clear range guidelines – Motorola deserves praise

“It is very rare for a company to self-correct false or potentially misleading advertising,” San Francisco-based attorney, Bruce Simon told You and the Law. He is regarded as one of the nation’s leading experts in false advertising and co-author of “California Unfair Competition and Business Torts.”

“Motorola deserves praise for these actions. Usually it takes a lawsuit, but your articles appear to have been a wake-up call, and someone woke up.”

So, what does the package now look like?

For starters, the 35 mile range claim is still there, with a prominent asterisk, and this language: “Actual range will vary depending upon terrain and conditions – See package back for additional information.”

Turn it over, and you find well-done illustrations of expected communication distances:

• Optimal/Mountain to Valley, up to 35 miles;
• Medium/Lake, up to 9 miles;
• Minimal/Urban up to 2 miles.

In our legal opinion, if a buyer reads all the information on the package, there is no way to argue with a straight face “I really thought I’d get 35 miles everywhere.”

When compared with the glaring lack of information on radios sold by some other manufacturers, Motorola’s approach can only be seen as consumer friendly, a real stand-out.

Will the authorities get involved?

“You can’t un-ring a bell, and there are no doubt past buyers who feel mislead, deprived of critical information which would have influenced their buying decision,” Simon notes.

“It would not surprise me if the Federal Trade Commission or a state’s attorney general looked into these range claims from all the two-way radio manufacturers,” he believes.

In fact, after our stories came out, we were contacted by an attorney with the Federal Trade Commission’s Division of Advertising Practices, and it will be interesting to see what, if anything, they do.

Next time, along with attorney Simon, we’re taking a look at the word free in a radio ad stating, “You can get the program for free, just tell us what you think about it.”

But when you call, they want to charge you $20 for shipping and handling, and that’s just the beginning.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Today we’re going to take a look at warrantees and guarantees in a very different way. More than just a discussion of the law, thanks to an interesting question from a reader, we’ve also got a highly practical and affordable gift idea for this holiday season. It all began with the following e-mail from Russell — Scoutmaster Russell — who lives in Porterville.

“Some time ago you replied to a reader’s complaint about an expensive Windproof Umbrella purchased from a luggage shop in San Francisco which was blown apart the first time he used it. As you pointed out, assuming the umbrella was not used in higher velocity winds than warranted for — in other words, used correctly — there should certainly have been an exchange or refund,” his e-mail continued.

“The shop owner refused to make a refund or offer an exchange. You took a simple fact situation which could happen to anyone and used it as a way to explain the warranty rights which most of us take for granted. This made me wonder about what happens when it’s the customer who causes the product to fail. Does the seller have any obligation in such an event? I’m in that situation right now.”

As Russell gave me his contact numbers, I called, and learned that he has been a Scoutmaster for a number of years. “There is a connection to Scouting and my question,” he told me.

“All Scouts must have a dependable flashlight. Most handbooks talk about owning a “Regulation” old-fashioned “D” battery flashlight, from the dinosaur age which will last for about an hour before running out of power.”

“As you know, over the past few years, LED flashlights have hit the market, but most were generally disappointing. They were dim, the light was not especially useful, and old-fashioned flashlights which cost much less were far better. Today, the technology is vastly improved and the newer LED’s are extremely bright and some can run for close to 100 hours on a few AA or AAA batteries.”

“Several months ago, I purchased several of what at first seemed to be the perfect LED flashlights at a Sam’s Club, for less than $30 for a package of two. We took them on an outing, and as always happens, they got dropped and bumped around. Three failed to work. This never happened before with any of our old, “D” battery, flashlights. For years, they bounced around glove boxes, trunks, pick-up beds, and always performed.”

Russell then described what he found: “The batteries which power the flashlight are in a holder which is brittle — really flimsy — which even minor shocks — even just replacing a battery — can cause it to fall apart, making it impossible to use the flashlight.”

He called the “800” number on the package, and someone told him, “Well, since you dropped it, we can’t help.” He also tried to return it to his Sam’s Club, and was told, “You abused it. Sorry.”

Out of Luck?

Russell’s experience with the Element flashlight was not unique. Going online, I found numerous, identical complaints. In my legal opinion, the otherwise hi-tech flashlight has a fatal flaw — an unacceptably fragile battery holder.

Unless we buy something “AS IS with no warranties at all, virtually all consumer products are covered by warranties. When used in a normal manner — in a clearly foreseeable way and non-abusive way — the legal question comes down to this:

Was the item fit for the purpose for which it was sold? Did it perform as a flashlight should, under normal usage? A manufacturer needs to design and test products in real-world settings. Russell is obviously owed a refund by Sam’s Club unless they replace his purchase with an updated version that does not have that battery holder issue.

Industry’s viewpoint and buying recommendations

In researching this article, I spoke with both public relations and technical staff at a number of companies who sell both “consumer” and “professional” quality flashlight. These included, Sure-Fire, Coastal, and Duracell.

The LED itself is physically vastly stronger than the traditional flashlight bulb and will last for thousands of hours before requiring replacement, as opposed to 4 or 5 hours with a conventional flashlight. But a responsible manufacturer needs to test their product in the real world, and design it to withstand expected, predictable use. From a manufacturer’s standpoint, flashlights do get dropped, used as hammers, and in ways which demand good, solid design,” I was told by Ron S. Canfield, PR specialist with Fountain Valley based Surefire.

My findings and recommendations

I was sent a number of flashlights to test — new, incredibly bright, latest LED technology — and here’s my report and recommendations:

(1) When shopping, don’t be fooled by “Candlepower” claims of brightness. The scientific measure of output is stated in Lumens and can’t be fudged.

(2) Don’t fall into the “if one is good, two are better,” mentality in terms of brightness. The average person will not need more than 50 Lumen outputs, which is considered to be the tactical level of light for law enforcement. A traditional 4 D cell flashlight outputs 30 Lumens with a halogen bulb. Remember that the brighter it is, run time will be shortened.

(3) Kevin Corcoran Marketing and Communications Manager at Portland, Oregon based Coast Lenser, feels it’s important to understand that optical design is a critical factor in delivering useful light. “Good manufacturers place a lot of importance on optics and lens design which determines usability.” The unique thing about Coast Lenser flashlights is that they are designed to let the customer test them in, for example, Lowes, before buying.

(4) Recently, Duracell introduced three new LED flashlights onto a crowded market. They are called Daylite, and sell from $25 to $35. They use a technology which captures virtually 100 percent of the light output, giving an extremely bright, white light without dark spots common to many other LED flashlights. It is really a major leap ahead in this market.

It’s worth looking at the Web sites for the flashlights I’ve mentioned.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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When Cynthia Dias and her fiance, Troy Nunnelee, went out shopping for a new stove in late June, they had no idea that within a matter of weeks the promises made to America by one of its oldest and most respected companies would be tested. But that’s precisely what happened.

When we open our newspaper and spot an ad in which the words “satisfaction guaranteed or your money back,” or “free delivery,” appear, most of us probably think, “OK, so what else is new? What’s so special about that?”

However, there was a time when getting a refund was nearly impossible, and customers always paid delivery charges. And then, something happened to change all of that, beginning with a help wanted ad 22 -year-old Alvah spotted in the Chicago Daily News:

“Wanted, watchmaker with references who can furnish tools. State age, experience and salary required.”

The ad was placed by Richard, a “born salesman,” who realized the profit potential in repairs and sales of clocks and watches.

Alvah impressed Richard, and the two formed a partnership. Within a few years, most of their business wasn’t from walk-in customers, but from catalogue sales of timepieces. Soon, general merchandise was added to the catalogue. It was a marketing decision which had an impact on American business felt even today.

What had started out as a small, two man operation in 1893 became the world’s largest retailer. Catalogue sales made it possible for rural Americans to buy products which were only available in large cities, and buy them at reasonable prices. More than freedom of choice, when customers knew they could obtain a refund and didn’t have to pay for delivery, they would keep that catalogue in a safe place, usually right next to their Bible.

It was Richard Sears and Alvah Roebuck who established that little company in the late 1800s. Sears and Roebuck earned the trust and respect of an entire nation.

But with any large organization, there can be rough moments. Sears is no exception.

“Getting older isn’t what it’s all cracked up to be,” Cynthia Dias wrote in her first e-mail to me. The Lemoore resident explained that she will soon require knee replacement surgery, and that bending or stooping is extremely painful. That issue would prove significant.

“My old stove needed replacement, and so with my fiance, Troy, I went to the Sears store in Hanford to find a new one. Several things were important, perhaps the most critical was location of the broiler. It could not be on the bottom of the oven, since it is extremely painful for me to bend down,” she wrote.

“Jim – the appliance department salesman – showed us stoves with a number of fancy options, such as programmable cooking,” she added. “I explained that I just needed a simple, self-cleaning oven with the broiler in the center, not in the bottom.

“He took us to the stove which met our needs, and did not try to oversell us. That was impressive. As we had looked at a number of stoves, Jim verified the model number of the one we wanted, and both I and Troy asked again if he was sure we were getting a self-cleaning oven with the broiler in the top section. He assured us that we were. Delivery was scheduled in a few days.

“As I had to be out of town on business, my 31-year-old son was at home when the stove was installed on July 9,” she explained.

“Sears also took our old stove away, which we appreciated,” Cynthia added.

However, returning home on July 12, in examining her new oven, she first discovered that it lacked the self-cleaning feature, and then realized, “The broiler was located on the bottom, precisely where it wasn’t supposed to be.”

She immediately phoned the store, leaving a message for Jim.

Thus began the kind of hassle that was, in my opinion, both completely predictable and avoidable. At times, “policy” can get in the way of common sense. That’s what happened until Cynthia contacted You and the Law.

“Instead of just exchanging stoves — at no additional cost — Sears policy was that either I could purchase a floor sample with the features I wanted, or place an order for the oven that I was supposed to get in the first place. But I would have to pay $200 more and it just didn’t seem fair,” she maintained. “I would also have to pay for a second propane connection charge with a new oven,” she pointed out.

In examining details of the sale, somehow the wrong item number got onto Cynthia’s order. But, as Sears Spokesperson Dana Shoulders told me, “in all fairness to the salesman, he thought they selected the stove which was in fact delivered. Also, if she was home when it was delivered, we would not be in this situation today. That’s why we recommend our customers be home when appliances are delivered,” she added.

That point was well taken. Cynthia should have been home, or at least instructed her son to verify the broiler’s position, as it was so important.

Getting both my reader and Dana Shoulders on a conference call, and singing the first stanza of “home, home on the range,” I said, “Let’s just forget about fault. Each of you pays half the cost increase for a new stove, no charge for delivery and credit for Cynthia’s additional propane hook-up charges. Sears keeps a customer, Cynthia gets the oven she needs, and if you don’t agree, I’ll keep on singing.”

Her new stove is working fine and a batch of Oatmeal cookies is due in my office any day.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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