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SOUTH CAROLINA DEPARTMENT OF
CONSUMER AFFAIRS

3600 Forest Drive, 3rd Floor
P.O. Box 5757
Columbia, SC 29250
(803) 734-4200 or (800) 922-1594 (toll free in S.C.)
Teletips (803) 734-4215 or (877) 734-4215 (toll free in S.C.)

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RECORDED CONSUMER INFORMATION
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    If you are looking for a convenient way to build your book, audio, or video collections, you may be eyeing advertisements that promise to deliver popular books, recordings, or films right to your door on a regular basis.   Before signing up with any "club" that periodically delivers such merchandise -- and uses a negative option plan -- read the contract carefully.  An ad for a book, audio, or video club may read, "Five selections for $1.00!"  If you agree to accept the merchandise, you also may be agreeing to buy additional selections under the club's negative option plan.  Under the negative option plan, the seller periodically sends you announcements that describe the current selection and the newest offerings from the seller's inventory.  Negative option plans can be troublesome, particularity to those who do not pay close attention.  Those who do nothing continue to incur costs.

    Once you receive an announcement, you can decide whether you want to receive the selection or not.  If you want the selection, do nothing; the seller will ship it to you automatically.  If you do not want the selection, you tell the seller not to send it.  You do this by returning the announcement card to the seller by a certain date.

    Under the FTC's Negative Option Rule, sellers must clearly and conspicuously give you certain information about their plan in any promotional materials.   For example, the seller must tell you:

How many selections you must buy, if any. Sometimes sellers offer substantial discounts on your first selections, but then require you to buy a certain number of additional selections at the club's regular prices.

How and when you can cancel your membership. Once you have satisfied any minimum purchase requirements, you can cancel your club membership.   After the seller receives your written request to cancel, your membership must be canceled promptly.

How to notify the seller when you do not want the selection. Look for a "negative option" form that comes with, or is part of, an announcement telling you about the selection.  Return this form to the seller to cancel shipment of the "selection," or to choose a different offering.

When to return the "negative option" form to cancel shipment of a selection. You have ten days to decide whether you wish to receive the selection. The form will mention either a "return date," which is the date the form must be received by the seller, or a "mailing date," which is the date the form must be mailed to the seller.

When you can get credit for the return of a selection. If you have not had at least ten days to decide -- and you receive an unwanted shipment -- you can return the selection to the seller for a full credit to your account.   The seller must guarantee return postage.

    If you are unfamiliar with the seller, contact my office to see to find out if there is any information on the seller.  If you subscribe, keep copies of the sellers promotional materials as well as any "negative option" forms you return to the seller and the dates that you mail them

 
 

 

 
 

 

 

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