Better Business Bureau warns of door-to-door scheme

Special to the Herald
The Better Business Bureau has become aware of a possible scam involving door-to-door magazine sales.  Representatives claiming to represent ACI Magazine aka Atlantic Circulation Inc. are making the rounds in Big Spring, Midland and Odessa.

BBB has recently spoken with several consumers calling to check on ACI Magazine. According to local consumers, representatives of the company go door-to-door pitching potential customers a story such as "I’m earning money for college tuition," in exchange for the promise of magazine subscriptions.

Consumers reported that representatives were not easily deterred and used physical force such as holding a door open or planting their foot in the door pathway preventing it from closing. Once obtaining access to the home, the representatives would not leave until the consumer agreed to purchase a magazine subscription.

The company’s complaints are handled by BBB of Metro Washington, D.C., and Eastern Pennsylvania. They have a “C” rating with the BBB due to the number of complaints filed by consumers.

So far, the BBB has processed 138 complaints. Many complaints allege that magazines subscriptions were paid by cash, but were never received.

According to the Texas Attorney General, “a home solicitation transaction takes place whenever a consumer purchases goods or services for more than $25 payable in cash or installments at a place other than the seller’s place of business. The place other than the seller’s place of business may be the consumer’s home, but it may also be a place that the merchant has rented on a temporary basis, such as a hotel room or convention center.”

This law does not apply to transactions involving insurance, farm equipment, real estate transactions under $100, attorney or broker assisted transactions, transactions where negotiations first took place in the merchants place of business, or transactions conducted by mail or telephone.

The seller must advise a consumer both verbally and in writing of their right to cancel the within three days. They must provide a copy of the contract or receipt, which includes the date of the transaction and the merchant’s name and address.

A consumer should also receive a statement of their right to cancel the contract with the address where the cancellation notice can be sent.  Cancellation of the contract must be in writing and it is suggested that the cancellation notice should be sent by certified mail for proof of delivery.

Many cities require a permit for door-to-door sales. Consumers should ask to see the permit. Taking time to verify the legitimacy of a business can save consumers time and money. Businesses in Texas are required to register with the Secretary of State. BBB Reliability Reports are available 24 hours per day at www.bbb.org .

More information is available at the Texas Attorney General's website at www.oag.state.tx.us/consumer/door_to_door.

Contact the Better Business Bureau for a reliability report on any business or charity by calling (432) 563-1880, toll-free (800) 592-4433 or by visiting the www.bbb.org website.