flash-memory-store.com bait and switch

[kirbysdl]

I ordered two 64MB Lexar JumpDrives from www.flash-memory-store.com even though they didn't have a history with resellerratings and they sent me generic drives without lexar's features such as write protect switches, a feature that was key to my purchase decision. I'm sending to them an email which I will attach here shortly. Any advice on dealing with this situation would be greatly appreciated. Thanks in advance!

Sent : Saturday, August 20, 2005 3:37 AM
To : orders@FlashMemoryStore.com
CC : rma@FlashMemoryStore.com
Subject : RE: order flashmemory-store-89084 from Flash Memory Store.com - The Flash Memory

To say the least, I am very disappointed with the items that you shipped to me. I ordered two 64MB Lexar JumpDrives. These products have only ever had one form factor: purple USB flash drives with the Lexar brand, write-protect switches, and activity lights. These features are shown and described on your product page from which I placed my order:

http://www.flash-memory-store.com/lex64jumflas.html

What was shipped to me was a generic product without Lexar branding or write-protect switches. I am attaching a copy of a photograph taken of the products as delivered. This is very clearly a bait and switch operation, which is a form of fraud according to the Federal Trade Commission as outlined here:

http://www.access.gpo.gov/nara/cfr/w...cfr238_04.html

Now I understand that this MIGHT be the result of an honest misunderstanding and this MIGHT not be the typical of your business practices. If that is the case, you will naturally work to quickly resolve this unfortunate error.

I expect a prompt resolution to this situation which is clearly the result of your error, be it accidental or intentional. Regardless of whether you have the product as advertised, I expect you to pay for any further shipping or return shipping charges for this product that you sent to me in error. There is no reason for me to pay for your mistakes.

Barring such resolution I will cancel my credit card payment and provide negative reviews on merchant rating websites to warn prospective customers about your practices. I will be tracking this issue on the resellerratings forums at the following URL:

http://www.resellerratings.com/forum...hreadid=114307 (flash-memory-store.com bait and switch)

Sincerely,
[signed]

[kirbysdl]

Copies of the product page lest it changes:

http://www.speakeasy.org/~curby/file...64jumflas.html

and of the image I sent to them (with redactions):

http://www.speakeasy.org/~curby/file...e_redacted.jpg

Btw, they have a bizrate rating logo at the bottom of their page. Don't resellers normally have such logos link to their information on bizrate.com so that customers can verify the information?

The following search finds nothing:

http://www.bizrate.com/merchant/resu...1,sfsk--0.html

Hello kirbysdl,

Thanks for sharing your opinion and merchant experience details.

Fyi, if a store is not yet listed on ResellerRatings, you can "add a store" here:
http://www.resellerratings.com/new_seller.pl

Since Flash Memory Store [http://www.flash-memory-store.com/] wasn't listed, I've added them so feel free to review them:
http://www.resellerratings.com/seller10678.html

All reviews must be in compliance with our policies [1-16, http://resellerratings.com/terms.pl] [e.g., you cannot post verbatim email content, or outside links in a review].

If you have any questions, just drop me an email [hit the email button below].

[kirbysdl]

One might ask why I seem to care so much for such a small thing. In my opinion big problems are matters of substance, but little things are matters of principle. When sellers and I don't operate on the same principles, I see no reason to buy from that seller, and I tell those who share my views to avoid them as well. In this case, the issue is taking responsibility for your mistakes.

If anyone wants uncut emails with full headers, I'll be more than happy to forward those privately.

----- Original Message -----
From:
To:
Sent: Tuesday, August 23, 2005 6:02 PM
Subject: Re: order flashmemory-store-89084 from Flash Memory Store.com - The
Flash Memory


> How will you compensate me for shipping costs of the incorrect products
back
> to you? If you will cross-ship items, you could include a UPS or Fedex
> shipping label for the return of the original products.

From:
To:
Subject: Re: order flashmemory-store-89084 from Flash Memory Store.com - The Flash Memory
Date: Wed, 24 Aug 2005 15:27:50 -0500

Hello _____________,

Unfortunately, our policy does not allow us doing that. The responsibility
of returning the product is on you.
Thanks,
_____________

---
web: http://www.FlashMemoryStore.com
web: http://www.ComputerMemoryStore.com
Your complete source for Computer & Flash
Memory products on the Internet!

This does not seem like a reasonable policy at all. You ship me items that are clearly incorrect, then expect me to bear the burden for your mistake. Why would you have your customers pay for your mistakes? Do you expect that a significant number of them would simply accept these obviously inferior products (by which I mean generic products with fewer features) so that you may make a greater profit off them? Is that in itself not fraudulent?

Your return policy makes sense if the return is due to "buyer regret" or some other mistake on the part of the buyer, but not when the seller is at fault. As a matter of fact, when Smalldog Electronics recently shipped me a damaged part, they paid not only for shipping a replacement part, but also for the return shipment of the damaged part. This was for the correct item that was broken inside its packaging, and not an incorrect item shipped in error.

As I hope you are aware, customer service is the single most important thing for any business. Spurn the customers and be left with none. Your company's desire to save a dollar after making a mistake reflects very poorly on you all. If you absolutely cannot change this policy, then I have no recourse but to comply, and then make as public as possible your company's refusal to take responsibility for its mistakes. Yes you will clearly still have customers and make money, but I will wonder why a black mark on your record is worth less than a few dollars to you.

Please let me know if you will reverse your policy in this case, which is clearly the result of a mistake by someone in your company.

[Imperion1]

Scroll to the bottom of their page, from the link you provided, and right above the Bizrate logo you will find

30 Day, 100% Satisfaction Guarantee: Every customer's 100% complete satisfaction is guaranteed for any Flash Memory Store order. Order the wrong item? Not satisfied? Change your mind? Our 30-day money back guarantee ensures we'll accept your return with no hassles. If you are not 100% satisfied with your order please e-mail us and let us know.


Take a print scrn shot of that and email it to them, then head for the BBB if they still give you grief.

[kirbysdl]

Thanks for the tip Imperion, but I'm one step ahead of you.

I filed a claim with the Chicago BBB and was assigned a case number.

The drama continues though. Here is a message I just sent to both my case officer at the BBB as well as the original company.

On September 6th I notified flashmemorystore via email that I was shipping back to them the items that were shipped to me in error.

On September 13th, my credit card company posted a refund of $24.95 to my credit card. This is less than my original purchase price of $29.90. That original purchase price represents the cost of the items alone without shipping fees or sales tax.

Firstly let me restate that these products were sent to me as a result of an error on the part of the retailer, and that this entire incident is due to the retailer's mistake.

I then note that the items as shipped to me were OEM/bare item products with no retail packaging.

There is absolutely no reason that I should be charged a restocking fee because I returned the items without packaging. Firstly, there was no packaging in the first place. Secondly, the only reason I was shipped these incorrect items was a mistake on the part of the retailer. They should bear the entire burden for their mistake.

When I originally brought the products to the post office, I realized that the return shipping fee would be $0.60. This is the cost of shipping a package weighing 1.7 ounces from zip code 87544 to zip code 60062, as you may verify independently. I still have the receipt from the post office, if either the BBB or flash memory store would like a copy. I was willing to let that slide, and be happy with a full refund for these products that were shipped in error.

It seems that this company, flash memory store, is not happy unless it can wring every conceivable penny out of its customers. It is charging me a restocking fee for its mistake and is thus breaking its own return policy! I cannot believe the gall it must take to run any business in this manner.

The total cost to me of this affair is 29.90+0.60 or $30.50. Subtracting the existing credit of $24.95, that leaves $5.55 of unsettled debt that the retailer should pay me for. If I see a credit of at least this amount on my credit card in the next few days, I will consider this matter at a close. Should that not happen, I will continue to campaign against this fraud.

Lastly, my credit card company reports that the company charging my credit card uses the phone number (847) 714-1177. I urge the BBB to do everything in its power to contact this company by phone and make sure this unfortunate series of events has a fair conclusion in which I am repaid. I maintain that my only mistake throughout this matter was trusting this company to be honest.

I grow increasingly annoyed but not weary.

Sincerely,

[kirbysdl]

I purchased what was advertised as two Lexar USB JumpDrives. These are portable removable storage that utilize flash memory to retain data. They are officially branded Lexar parts with activity lights and write protect switches, sold through retailers in full retail packaging.

The company's first mistake was sending me the incorrect items. These items were different and inferior to the Lexar products in every way. They were unbranded generic products that would not be supported by Lexar's warranty and support. They did not come in retail packaging. They did not have write-protect switches as advertised by both Lexar and the retailer and were therefore functionally inferior.

The company's second mistake: I notified the company of this discrepancy, and was notified that I would have to pay for return shipping. In other words, I would have to pay for their mistake. The company stopped returning my emails, and I realized that shipping these lightweight products back would be inexpensive, so I shipped the products back to the retailer.

The company's third mistake: They refunded to my credit card an amount less than the original price of the products. This implies that they charged me a restocking fee for (1) items originally shipped without packaging and (2) shipped in error because of the retailer's mistake.

I was at first willing to believe that even though the products that were shipped were different in every way from packaging to brand to functionality and features, this was the result of an honest mistake. I will not accuse the company of outright fraud, but I ask potential customers of this company to consider if the sum of these mistakes can be truly accidental.

Suffice it to say that I am livid at this retailer's behavior. I strongly suggest that you do not give them your business, regardless of their perceived value. Their behavior and series of mistakes indicates that this wasn't an off chance, a bad day, or an honest mistake. This is their mode of operation, and it is one I would not support at any cost.

This web site's rules forbid posting direct links in reviews, but search the forums for the term flash-memory-store.com and look for a thread entitled flash-memory-store.com bait and switch. Alternately, search for my username on the forums: kirbysdl. There I have added more information and direct emails sent between me and the retailer.

Finally, I was told by this site's staff on August 26th, 2005 via forum private message that I am permitted to post my own contact information in a review. Thus, feel free to contact me at kirbysdl at hotmail.

[kirbysdl]

I am incredibly happy that more than one person has reported the exact same problem. I'm not happy because misery loves company, but rather if legal action results from this, there is more evidence that this is typical behavior of the company.

Bait and switch is fraud as defined by the Federal Trade Commission:

http://en.wikipedia.org/wiki/Bait_and_switch
http://www.access.gpo.gov/nara/cfr/w...cfr238_04.html

The other review was posted by a username scb. In the off chance that you happen to be reading, please send me an email or private message. I'd appreciate knowing more about your experiences in case this goes further.

Link for future reference:
http://www.ag.state.il.us/consumers/filecomplaint.html

[SLRoberts]

I wish that I had found your review before I ordered from these crooks. I had exactly the same experience when I ordered 2 SanDisk 512MB SD cards and a Kodak reader. They sent me generic SD cards and reader, then refused to refund my full cost plus shipping. Following your lead, I shall report them to my local BBB. I also posted an unfavorable review on Yahoo! Shopping, but have yet to se it appear.

Noting your inability to find a BizRate listing, I decided to check the cnet site. Guess what I found. FlashMemoryStore.com is listed as fraudulently using their logo. I'll bet that all of the other logos on their site are bogus. What haven't they been shut down?

http://reviews.cnet.com/4002-5_7-5100968.html

[kiran]

I am also cheated in the same way.I ordered 2 lexar jump drives and 2 San Disk memory cards yesterday(28 Apr 2006) on Flash-memory-store.com.

But they sent me some unbranded low quality Falsh Drives and SD cards.

After many emails got reply convincing me the stuff which they sent is superior to the stuff i ordered.But when i say i want to return he says to use RMA form on thier site.

How can we stop these guys business?This is too much trying to cheat people like this.No more people should get affected.