Linens-n-Things Fraud
close-up of product and receipt
UPDATE: Response from Linens-N-Things:
On behalf of Linens 'n Things, I apologize for any behavior you found unprofessional or miscommunication you may have experienced. However, our managers are well versed in our ads and the interpretations of them. Again, I apologize for any inconvenience. Sincerely,
Jody Mege'
I would respond to Jody that the issue isn't convenience, it's fraud. Deceptive advertising isn't inconvenient, it's immoral and illegal.
This looks like fraud: At 4:30pm February 17, 2008, in Rohnert Park, CA, the Linens-n-Things manager -- "Max" -- claimed at the cash register that the 50% off deal did not apply to my "Shower "Curtain / Liner" because the "Shower Essentials" referred to in the ad and the store signs was the BRAND "Shower Essentials," and not just any shower essential. Max accompanied me back to the shower section, and was forced to confirm that there were no "Shower Essentials" branded items in the store. Since the advertising circular pictured here promises that we could "Choose from over 100 styles," it was clear even to Max that the offer was not so limited.
Then Max changed his story, and said that the 50% discount would be available only for a "shower curtain liner" which was the exact text on the store sign, or, if you believe the advertising circular pictured here, a "Liner." My item was called, as you can see above, a "Shower Curtain / Liner".
I asked Max if he honestly meant that my "Shower Curtain / Liner" was not a "Shower Curtain Liner"? He said that's right. So I pointed to the next shelf up, which had a similar product called a "Shower Curtain or Liner" -- was that, too, excluded from the offer for "Shower Curtain Liners"? Max confirmed that the discount could not apply to that product. Both the "Shower Curtain / Liner" and the "Shower Curtain or Liner" were literally within inches of the sign offering a discount on "Shower Curtain Liners."
Max would not let me take a photograph of the signs and products in juxtaposition. In fact, he threatened to have the police escort me out of the store if I took a photograph. So I asked whether Max would sign a statement asserting his position that I was ineligible to receive the promised discount because a "Shower Curtain / Liner" is not a "Shower Curtain Liner" or a "Liner." Max refused. I asked Max if he would tell me his last name. Max refused.
Well, you can see from the store receipt pictured here that Max and Linens-N-Things got the entire $19.99 out of my wallet, and kept for themselves the $10 discount promised by the ad and the store sign. You know what's really strange? I also asked at the register whether the 20% discount was available -- it's pictured in the flyer above, just to the left of the 50% offer. It says, "SAVE 20% -- Entire Stock Metal Bath Acessries & Shower Curtains." Nope, said the cashier, that 20% discount isn't available to you -- it's only for shower curtains, and what you have is a liner.
Strange but true. So, what do we have here?
A) Worst customer service ever?
B) Worst in-store experience ever?
C) Fraud?
D) Theft?
E) Violation of California Deceptive Trade Practices Act?
F) All of the above.
It is generally illegal to make false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions.
It looks bad for Linens-n-Things, and for Max. We have at least two counts against each. Here is what California Business and Professions Code says, and I quote:
"17508. (a) It shall be unlawful for any person doing business in California and advertising to consumers in California to make any false or misleading advertising claim..."
"17500. It is unlawful…to… disseminate…any advertising device… which is untrue or misleading, or for any person…to so make…any such statement as part of a plan or scheme with the intent not to sell that personal property…so advertised at the price stated.... Any violation of the provisions of this section is a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both that imprisonment and fine."
"§ 17507. It is unlawful…if any price set forth in (an advertisement) does not clearly and conspicuously identify the article of merchandise or type of service to which it relates."
Full text of the flyer pictured above:
"buy one, get one 50% off. Entire Stock Shower Essentials, reg. $2.99-69.99. Choose from over 100 styles of:
* Liners
* Rods
* Tub Mats
* Suction
* Rings
* Shower Caddies"
"Save 20% Entire Stock Metal Bath Accessorites & Shower Curtains"
Linens-n-Things Fraud
close-up of product and receipt
UPDATE: Response from Linens-N-Things:
On behalf of Linens 'n Things, I apologize for any behavior you found unprofessional or miscommunication you may have experienced. However, our managers are well versed in our ads and the interpretations of them. Again, I apologize for any inconvenience. Sincerely,
Jody Mege'
I would respond to Jody that the issue isn't convenience, it's fraud. Deceptive advertising isn't inconvenient, it's immoral and illegal.
This looks like fraud: At 4:30pm February 17, 2008, in Rohnert Park, CA, the Linens-n-Things manager -- "Max" -- claimed at the cash register that the 50% off deal did not apply to my "Shower "Curtain / Liner" because the "Shower Essentials" referred to in the ad and the store signs was the BRAND "Shower Essentials," and not just any shower essential. Max accompanied me back to the shower section, and was forced to confirm that there were no "Shower Essentials" branded items in the store. Since the advertising circular pictured here promises that we could "Choose from over 100 styles," it was clear even to Max that the offer was not so limited.
Then Max changed his story, and said that the 50% discount would be available only for a "shower curtain liner" which was the exact text on the store sign, or, if you believe the advertising circular pictured here, a "Liner." My item was called, as you can see above, a "Shower Curtain / Liner".
I asked Max if he honestly meant that my "Shower Curtain / Liner" was not a "Shower Curtain Liner"? He said that's right. So I pointed to the next shelf up, which had a similar product called a "Shower Curtain or Liner" -- was that, too, excluded from the offer for "Shower Curtain Liners"? Max confirmed that the discount could not apply to that product. Both the "Shower Curtain / Liner" and the "Shower Curtain or Liner" were literally within inches of the sign offering a discount on "Shower Curtain Liners."
Max would not let me take a photograph of the signs and products in juxtaposition. In fact, he threatened to have the police escort me out of the store if I took a photograph. So I asked whether Max would sign a statement asserting his position that I was ineligible to receive the promised discount because a "Shower Curtain / Liner" is not a "Shower Curtain Liner" or a "Liner." Max refused. I asked Max if he would tell me his last name. Max refused.
Well, you can see from the store receipt pictured here that Max and Linens-N-Things got the entire $19.99 out of my wallet, and kept for themselves the $10 discount promised by the ad and the store sign. You know what's really strange? I also asked at the register whether the 20% discount was available -- it's pictured in the flyer above, just to the left of the 50% offer. It says, "SAVE 20% -- Entire Stock Metal Bath Acessries & Shower Curtains." Nope, said the cashier, that 20% discount isn't available to you -- it's only for shower curtains, and what you have is a liner.
Strange but true. So, what do we have here?
A) Worst customer service ever?
B) Worst in-store experience ever?
C) Fraud?
D) Theft?
E) Violation of California Deceptive Trade Practices Act?
F) All of the above.
It is generally illegal to make false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions.
It looks bad for Linens-n-Things, and for Max. We have at least two counts against each. Here is what California Business and Professions Code says, and I quote:
"17508. (a) It shall be unlawful for any person doing business in California and advertising to consumers in California to make any false or misleading advertising claim..."
"17500. It is unlawful…to… disseminate…any advertising device… which is untrue or misleading, or for any person…to so make…any such statement as part of a plan or scheme with the intent not to sell that personal property…so advertised at the price stated.... Any violation of the provisions of this section is a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both that imprisonment and fine."
"§ 17507. It is unlawful…if any price set forth in (an advertisement) does not clearly and conspicuously identify the article of merchandise or type of service to which it relates."
Full text of the flyer pictured above:
"buy one, get one 50% off. Entire Stock Shower Essentials, reg. $2.99-69.99. Choose from over 100 styles of:
* Liners
* Rods
* Tub Mats
* Suction
* Rings
* Shower Caddies"
"Save 20% Entire Stock Metal Bath Accessorites & Shower Curtains"