Today my boyfriend and I went to our mall in Hattiesburg, MS. It is a very small city and only has one mall so it is the one by default we are forced to go to.

My boyfriend about three weeks ago purchased Proactiv Solutions. First of all, when we went three weeks ago we were forced to purchase the more expensive, larger version due to the fact that they were out of the thirty day trial kit.

He was very hopeful that it would work, he decided to try Proactiv because of me and results I have seen with friends and family who have also used Proactiv.

We went today to return the package, a process that Proactiv claims is easy! After we arrived to take back the product the woman at the kiosk started to verbally HARASS us! Upon giving her the box she opened it took one look inside and said that it did not work because it was being used improperly, when it had been used in only the ways it was specifically outlined in the product guide to use. She also stated my boyfriend had used too much of the "Repairing Lotion." This would make sense if she could have seen through the bottle or actually picked it up and felt how much was in it, but she did no such thing. The woman went on to say that if we were going to use it again, to use it properly. And to that my response was, "we are not going to be using Proactiv again." Well, that is when I asked her to give us back our money, and that is when she started going off, asking me who I was and why it was any business and why I was even there!

This made me angry, and I told her that we just wanted the money back, and we did not want to here how we were supposed to use the product.

She felt harassed by us so she called security on me. Then when I asked to get the receipt back, she refused to give it back, and then upon me asking for a number to call to complain she covered up all of the numbers and refused to talk to me telling me that she couldn't receive anything until security got there. All of this in the middle of the only mall in a small town. So I waited for security, and upon coming over and listening to her yell at him, he told me to come over and get away from her because she would not stop yelling, and refusing to do anything until I was out of her sight.

I was forced to leave the mall all because Proactiv REFUSED to allow us to return the product easily without being harassed. What has happened to customer service? what happened to the customer is always right? Does a guarantee only function as a guarantee after you withstand the harassment?

The customer is not always right, because sometimes the customer is a complete jackass. But it sounds like in this case, you were dealing with a crazy person who doesn't believe in taking any sass-back from kids these days, or who figures if she acts psychotic enough she'll scare away customers who try to return products.

However, Proactiv makes it very clear on their website that you can return the product within 60 days, no matter how much you use or how well you feel it worked. Their "guarantee" page simply states,

If you're not totally satisfied with the results, simply return the bottles within 60 days, even if they're empty, for a complete refund of the purchase price (less shipping & handling).

There's no fine print on the page, and none we could find elsewhere on the site, and no mention of having to show proof of purchase in the form of a receipt. There's also no mention of kiosk sales falling under a different return policy, so it seems pretty clear that Proactiv has to take your return.

At this point, we suggest you escalate the problem beyond the Krazy Kiosk Lady and contact Proactiv directly to negotiate a return. You should also—regardless of whether you succeed in returning the product—write a clear, polite letter to the company describing how badly you were treated by this woman, how she confiscated your receipt, and how she refused your return and basically got you kicked out of the mall. They need to know that their kiosk employee is badly representing the company. The main thing at this point is to be polite, but persistent, and make it clear to Proactiv that you expect them to honor their no-risk return guarantee.

Oh, and let your boyfriend do this if he's the one who paid for it.

An anonymous tipster writes:

I worked for several years at EDS, which is the home of Proactiv's customer service center (that you listed in the article - the Des Moines office).

Unfortunately, calling the call center won't do much good. They're not authorized to take back kiosk purchases, since they have no customer account. They're just for the infomercial and online orders. They're just going to tell the person to take it back to the kiosk.

What they want is Guthy-Renker Corporate. Regular customer service can't transfer you and agents/supervisors don't have the corporate number (at least when I was there).

A quick Google search turned up the address:

41550 Eclectic St
Palm Desert, CA 92260
Phone: 760-773-9022
Fax: 760-773-9016

Yes, the kiosks and the vending machines are owned by Guthy-Renker corporate. They have been very reluctant to franchise out product except abroad (citing quality concerns, internally, but I doubt that - probably a money thing). Guthy-Renker even has an eBay store to compete with people who were reselling Proactiv (this is actually fulfilled from the same building, a giant warehouse/call center, in Des Moines that the infomercial stuff comes from).

Proactiv is owned by G-R and they are a large infomercial company that has sold many other products, e.g. Anthony Robbins CDs/DVDs, Windsor Pilates, Sheer Cover, Cindy Crawford's Meaningful Beauty, Susan Lucci's Youthful Essence, Core Secrets, and many other failed products. Proactiv is one of their most successful products.

I recommend suing telemarketers. I just beat one in Santa Monica Small Claims. And they sent their New York corporate counsel! (They're a huge international company.)

Anyway, I couldn't have done it without the help of a guy in Sacramento—a total stranger who went out of his way to advise me. His name's André-Tascha Lammé, and I found him through his site, KillTheCalls.com

He started it after he was getting 30 calls a day from mortgage brokers. He doesn't do this for a living or anything. Like me, he was just pissed off that they were using his phone and eating his time.

killthecalls.com

P.S. If it's an out-of-state company and you're in California, they have to have an "agent for service of process" on file with the Secretary of State. You look that agent up on the SOS's website and then just have the court serve them certified mail for $15. To sue them in L.A. and maybe in California, you have to have that in-state address—they can't be sued at an out-state one. But legally, if they're doing biz in the state, they must have the AFSOP.

Before all of you start contacting Mr. Lammé directly, you should check out his website, which has a lot of advice on how to successfully take a telemarketer to small claims court.

(Photo: Getty)

Leverage Connections will call you with a recorded message that says they're calling about your credit card, and to push 1. If you fall for that and push the button, you're connected to a commission-only employee who's been told to hang up immediately at the first sign of critical thinking. This includes trying to finish the sentence, "Do not call me again."

If you're the gullible type, however, they'll keep you on the phone and tell you how they can lower your credit card rate... for a fee. What they do, it turns out, is contact the credit card company and ask for a lower rate on your behalf.

Yes, this is the same thing you can do on your own. They'll charge you around $1000-1500 for this service.

A reader wrote to us,

I have received 2-3 calls a week for over a year now. I have filed numerous, useless, complaints with the FTC, the Florida AG's office, the California AG's office ( I reside in CA) and the Florida Dept. of Agriculture and Consumer Services. All to no avail. This company called me yet again this morning.

A person who claims to have worked for them says they hire off of CraigsList and "magic marker signs" around town. The interview consists of being asked if you can sell, and if you say yes you're put on the phone (and told to hang up if the people on the other end start asking questions). He points out, "Thus, anyone could have access to your private information." He also says,

I understand they're an automated system that will call anyone and everyone, mostly elderly, and even those on the "do not call list." We just hung up on everyone who did not say yes and hitting the #2 does nothing. There is nothing to stop the calls. We just hang up on any person who didn't sound like they were interested.

Another person on the same forum says he contacted Leverage Communications via their toll free number:

I spoke to "Eli" who told me that they do not have to abide by DoNotCall regulations because they only leave a message - and by selecting the option you are actually calling them. He claims they are working on behalf of the major credit card companies.

...They have been calling me up to three times a week for the past year.

So will their calls dry up come December 1st, 2008? We doubt it, but they'll be in direct violation of the telemarketing sales rule if their recorded messages don't lead off with a working option to end calls from their company. Make sure you take careful notes of when they call and whether or not they offer an automated option to get off the list, and file a complaint with the FTC if you need to.

(Thanks to Michael!)
(Photo of telephone: Getty)

Of course, there are still exceptions.

Health care-related calls subject to the Health Insurance Portability and Accountability Act of 1996 are still allowed, as are charitable fundraising robocalls made to members of the nonprofit charitable organization for which the call is placed, or to people who previously donated to it. The fundraising calls must still include an automated opt-out, however.

The strict limits won't stop robocalls from political campaigns, either."Political calls are not placed for the purpose of inducing purchases of goods or services, and therefore are not 'telemarketing' within the meaning of the TSR," the FTC notes in a footnote of the amendment.

If you feel plagued by telemarketers, try the tips in our past posts for getting them to stop calling your, or for dealing with them effectively when they keep doing it.

"FTC all but bans robocalls" [CNET] (Thanks to Jason!)

Remember to sign up with the National Do Not Call Registry if you haven't already. They'll block up to three phone numbers for you, including cellular numbers. But don't expect the Do Not Call registry to catch all telephone spam:

Because of limitations in the jurisdiction of the FTC and FCC, calls from or on behalf of political organizations, charities, and telephone surveyors would still be permitted, as would calls from companies with which you have an existing business relationship, or those to whom you’ve provided express agreement in writing to receive their calls.

You should also be aware that there are two easy ways for companies to get around the registry:

• If you buy something from a company, they can contact you for 18 months after the transaction unless you explicitly tell them not to—and if you tell them not to, they have to comply or face a fine of up to $11,000.
• If you simply make an inquiry or submit an application to a company, they can contact you for 3 months after the initial contact (again, unless you explicitly tell them not to).

So what happens if you've told a company not to call and they do anyway? If you've been on the Do Not Call registry for at least 31 days, visit their website to file a complaint. If you're not in the registry but you asked the company not to call you and they did anyway, check out the FTC Complaint Assistant, which will ask you a series of questions and eventually help you submit a telemarketing-related complaint.

"When AT&T won't stop calling" [St. Louis Post-Dispatch]
(Photo: Getty)

My boyfriend and I moved into our apartment about two months ago. When we moved in, we were told by the property management that we had to cancel our RoadRunner service and sign up for an account with the local phone company, Cincinnati Bell, for our phone and internet. No big deal, we initially thought. We signed up, got our (slow) DSL connection and free-incoming-calls-only phone line (we did not sign up for a regular phone plan since we use Skype). The activation of that line is when the trouble started.

In the 2 months of having our phone line we have received more phone calls from debt collectors looking for the people who used to have our number, than I have on my cell phone over the past 4 months combined, and I love to talk! They always ask for either the husband or the wife, and push and try to harass me into "giving them a message" the next time I talk to them, no matter how many times I repeat to them that I do not know these people. I looked up my phone number and saw it listed with these people and sent them a letter nicely asking them to update their information with the people and companies they have associated with because I am so tired of these calls, but nothing has happened as of yet.

I am sorry if this seems rather long, but I am almost at wits' end with all of these collection calls, and I just received another one while typing this out, bringing the total to 3 today. Is there any way to stop collectors from calling me for these people, or am I stuck wondering if I have to answer the phone to find a rude collector on the other end?

Any advice would be very much appreciated!

Well, what these debt collectors are doing is illegal, so the first thing you'll want to do is start a journal and make a note in it every time they call you. If you can record the calls, do it. Make sure to write down their information and be as detailed as you can.

Inform the debt collectors that they are breaking the law by continuing to harass you over someone elses' debt, and that you intend to file a lawsuit. In addition to the harassment, the Fair Debt Collection Practices Act also forbids the debt collectors from comminicating details about debt with a third party, which you most certainly are. So if they're trying to get to you "deliver a message" about the debt, they're breaking the law.

Hypothetically, that should clear it up. If it doesn't, you'll need to either change your number or consult a consumer lawyer in your area for advice. We have the feeling that consumer lawyers would be enthusiastic about representing you.

If you're not interested in having some fun with our legal system, try changing your number. Some phone companies are sympathetic to customers who are receiving harassing phone calls and are able to waive the fee.

(Photo: Getty)

T-Mobile's heart is in the right place. What they need is another feature, one that lets you disable their annoyingly useless text message reminders.

AOL lies to their customers and has a policy of refusing to escalate to supervisors:

If you refuse to pay your bill, AOL will threaten to ruin your credit (with AOL):

AOL's abusive relationship with its "members" is not new, but it is surprising how enthusiastically they have embraced the standard lies and deceit peddled by the debt collection industry. According to our tipster, the guide is from 2006, but the tactics and policies remain unchanged.

The only way to fight back against scummy collectors is to know your rights under the Fair Debt Collection Practices Act.

Read AOL's full collections guide, complete with other despicable practices, here.

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Quit AOL By Fax, Mail, or Phone

She recently sent us the Executive Email Carpet Bomb she lobbed towards Dell's headquarters:

To: tips@consumerist.com
Cc: michael_dell@dell.com, donald_carty@dell.com, ronald_garriques@dell.com, michael_cannon@dell.com, mark_jarvis@dell.com, lawrence_tu@dell.com, susan_sheskey@dell.com, andrew_esparza@dell.com, paul_bell@dell.com, stephen_felice@dell.com, david_marmonti@dell.com, brad_anderson@dell.com, jeffrey_clarke@dell.com, martin_garvin@dell.com, alex_gruzen@dell.com, joan_hooper@dell.com, william_gray@dell.com

Good Morning,
This is my last resort. I am writing today to share with you a problem that has become so excessive over the last eight months that I no longer know what to do with it. I have given up the idea of ever having a Dell hassle-free life so I am just trying to live mine by minimizing their interruptions in my day to day life. Here is my story:

I am not a Dell customer. I DO NOT OWN ANY DELL PRODUCTS (AND I NEVER WILL). I got a new job last July and for my job I inherited a very important phone number that all of my clients have used for the past seven years. I work for an extremely small non-profit (i.e. I am the only paid employee) and I work with youth and their families. I have 30 families who move around often and the only way we keep in contact is through this stable phone number so changing my number was not and option.

In August 2007 I started receiving calls from the Dell collection center in India. The calls were not for me or my job, they were for the man who previously had my job and phone number. He linked his personal Dell account to his then work phone number. The first ten times Dell called I gave them the previous employee's new phone number and asked them to remove my number from that account as it was no longer current... But the calls kept coming....

Steps I have taken to avoid hearing from Dell:

1) I notified the person they were trying to reach. I had him call and change his contact information. He did that and Dell assured him the problem was solved and that they would not call me again. But the calls kept coming...

2) I had 6 lengthy conversations with supervisors at the Dell Call Center in India. Sometimes they would give me a badge number, recording ID, their name and one time in a thick Indian accent I was told I was speaking with a "Michelle Woodward" for the record. Dell promised the problem was solved and that they would not call me again. But the calls kept coming...

3) I called the customer service line on Dell's website. Since I am not a Dell customer and I don't even know what item they want me to pay for that I do not own, it was a long and frustrating call. In the end Dell assured me the problem was solved and that they would not call me again. But the calls kept coming...

Now, 8 months later, Dell calls my work phone up to three times daily. I finally bought a new phone (but I can't change the number because I need it to do my job) just so I could set it to ring silently when Dell calls. I try to ignore the calls the best I can, but recently the calls have started coming from local DC numbers as well as the Indian 800 number. I am sometimes fooled into answering the local calls only to find that I am again on the phone with a company where I am not a customer.

Now I understand that people must lie and give fake phone numbers to dodge paying for their stuff. I am sympathetic to a point about how hard it must be to streamline a system. But I have done everything in my power to point Dell in the right direction, but they refuse to take my number out of the system. Dell you don't want me. Please leave me alone.

Finally someone suggested that I write to consumerist. I saw the Dell executive emails on your site, so I will be CCing this email to them as well. All of them. We will see if they respond. Maybe I will start calling them three times a day.

Sincerely,
Dell's used up call girl
Kat

Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.

(Photo: publicprivate)

Why? Because she doesn't like the obvious marketing tie-in. Southwest's apology to Kyla came in the form of a press release touting their new "mini-skirt" fares.

"They are exploiting me again by using my traumatic experience as a marketing ploy," Ebbert told ABC News.

Well, yes. That is exactly what they are doing, and they're not really being shy about it. Southwest's so-called apology was littered with cute phrases such as "great legs" and "hot flashes."

Interestingly, ABC news didn't quote the part of the "apology" that offended Kyla, instead choosing to paraphrase it to make it sound more heartfelt.

ABC News:

Ebbert did get an apology on Thursday from Gary Kelly, CEO of Southwest, who issued this statement: "Kyla, you are a valued customer, and you did not get an adequate apology. We could have handled this better, and on behalf of Southwest Airlines, I am truly sorry. Our company is based on freedom even if our actions may not have appeared that way."

Southwest offered Ebbert two free round-trip tickets. But Ebbert said she felt the apology was "back-handed" and "two months late."

"From a Company who really loves PR, touche to you Kyla! Some have said we've gone from wearing our famous hot pants to having hot flashes at Southwest, but nothing could be further from the truth. As we both know, this story has great legs, but the true issue here is that you are a valued Customer, and you did not get an adequate apology. Kyla, we could have handled this better, and on behalf of Southwest Airlines, I am truly sorry. We hope you continue to fly Southwest Airlines. Our Company is based on freedom even if our actions may have not appeared that way. It was never our intention to treat you unfairly and again, we apologize."

Southwest 'Cover' Girl Is Still Angry [ABC News]

Is this a good method for dealing with harassing debt collectors? We have no idea. Did it amuse us? Yep. —MEGHANN MARCO

Shopping in real life can be a chore, especially with super duper helpful clerks coming up every five seconds to unzip your pants for you and collect your chin dribble.

One of our readers was in Aldos, browsing for shoes. He was annoyed to be asked if needed help five times. He says, "And then the pitch for special polish, and those devices to maintain the shape of shoes. They said the sales assistants get 3% of purchase price. And stores have to meet certain quotas for shoe accessories."

Ah yes, the well-documented collision between commissions and customer annoyance.

So then, what do you think is the worst store chain for customer harassment?