Hi,
We want to resolve a dispute between us and a contact lens company.
(Site for sore eyes in Berkeley) Basically we ordered contact lens
from them but they ordered the wrong one yet claimed they asked the
doctors and it was the right one. (which we later confirmed with the
Doctor that he lied, he never asked the Dr)  And finally after many
days of back and forth they suddenly claimed that we had two
prescriptions on file and it was a clerical error etc etc. They would
not take any responsibility for it and we wanted our money back. They
offered exchange since it's their store policy to not refund but the
manner and the attitude they dealed with us made us not want to give
them any business.

I was wondering where I can find a company that can deal and resolve a
dispute like this.  I've tried BBB but I am not sure about the
effectiveness.  Any suggestions will be helpful.  Thank you.

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Request for Question Clarification by darrel-ga on 04 Feb 2004 15:05 PST

Astrokoala--

Are you open to state and federal agencies that can help, or does it
need to be a company?

darrel-ga

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Clarification of Question by astrokoala-ga on 05 Feb 2004 09:55 PST

Hi Darrel and Ipfan,
Thanks for the input.  If I want to go through the legal route, I am
not sure concretely what laws they've violated.  I was not aware of
the store policy of no refund and I was not informed of that when I
order it over the phone. However I believe they must have it some
where on the receipt and/or in their store. To me, their store policy
wasn't the issue. It was the  careless, uncaring and deceitful way the
store manager handled the whole situation that aggrevated me more than
anything else.  At this point I am sure any consumer complaint places
with letters sent to the store will get a no response from the store.

If I decide to take legal action via small claims court or what not,
where would I find out whether I have a case or not?  Would I be
sueing the store or the store manager? (he is the person that we've
had contact with all along)

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Clarification of Question by astrokoala-ga on 05 Feb 2004 17:11 PST

Hi Claudietta,
I hope you get to read this.  Thanks for the advices!  Yeah, I did try
to order them online first yet the prescrption I had was wrong for my
left eye. Thus I called back to the place where I got my eye exam done
for them to mail the left eye prescription to me.

The problem with Epinions and other sites is that the store I went to
was not a huge chain store.  I doubt any one who goes there ever
checks for that store's reputation first. I would still post my
opinions about them nonetheless.  At this point, money is certainly an
issue, but more importantly to me is I cannot stand having a person
like that as the store manager and let him get away with his
unprofessional act.

thank you again ^_^

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Request for Question Clarification by darrel-ga on 06 Feb 2004 18:51 PST

Astrokoala--

I think your best bet is to pursue getting your money back through a
consumer advocacy group.

California law allows companies to set their own policies. They appear
to be well within their rights to have a store policy to offer an
exchange rather than a refund. But if you put pressure on them through
a consumer advocate, they may make an exception for you.

Would you like me to point you in a direction of a couple good
consumer advocates in your area?

darrel-ga

You might want to write to these organizations with the details of the case:

California Association of Dispensing Opticians
P.O. Box 763
Manteca, CA 95336
(213) 681-7597

California Department of Consumer Affairs
Registered Dispensing Optician Licensing Program 
1430 Howe Avenue, Suite 88
Sacramento, CA 95825-3236
(916) 263-2634

Good luck!

Do you currently have a correct pair of contacts?  I will assume not,
and that you want to return them for your money back and not merely
exchange the wrong ones for the right ones, correct?

It does not sound like this is an optometrist, which is licensed by
the state, but rather just a commercial outlet that sells contacts,
right?

The most effective way to get your money back is to send them a demand
letter by certified mail, return receipt requested, and then if they
do not respond by the deadline you set in the letter, sue them in
small claims court.  You will need to prepare for your court date and
do your homework and have your ducks in a row (like on "Judge Judy"),
but it sounds like you could win in small claims court--plus, many
times the other party will just fold and give you the money (as long
as you return the bad contacts) instead of having to take the time to
appear in court.

One key thing though before you sue: were you aware in advance that
they store had a ?no-refund? policy?  Was there a conspicuous sign in
the store?  Was it on the paperwork you signed or the receipt you were
given?  If so, you will have a tough case since you likely agreed as a
matter of contract that you understood there was a no-refund policy.

Another thing to remember about small clams court--if you win, you do
not leave court with a check.  You leave with a judgment, upon which
you must then execute and levy, which basically means sending a copy
of the judgment to the sheriff and telling him to take away assets
from the defendant in an amount sufficient to satisfy your judgment,
sell them at a sheriff?s sale, and then give you the proceeds.  Long
process.  That's why it's maybe better to try to settle the case after
you have filed the suit and served the defendant but before the court
date.

You can also see if the California Attorney General?s Office has a
Consumer Protection division.  Many times the AG?s office will
investigate and seek financial redress on behalf of aggrieved
consumers who have been manipulated by unfair and deceptive trade
practices or acts.

Lastly, you might try to find a lawyer who would write you a letter on
a contingency fee basis (this is a long shot).  He or she could send
the initial demand letter for you instead of your sending it yourself
and then take a percentage of the money received as his or her fee.

If you paid with a credit card, file a claim with them, and they will
reimburse you automatically.  They in turn send them a letter, and if
they don't contest, you'll automatically get your refund from the
credit card company.

The merchant you went through is unprofessional, since the consumer is
always right, and at worse they should suck up the charge.

That aside, you should buy them directly from the internet, like from
1800contacts.com.  This is not an advertisement, but in all the years
that I've ordered online they have always delivered, quickly and for
free, exactly what was promised anywhere in the US, and even take your
left-over contacts back in case your prescription changes.  They are
an excellent service.

Good luck to you, and don't bother with small claims court.  It's just
not worth the time and hassle. Instead, put your opinions on
Epionions.com or something similar to vent and to harm the reputation
of the merchant.

Claudietta