I know this isn't an earth-shattering issue, but it annoys me. Stupid Toys R Us sent me this email about a special sale on Zhu Zhu pets.

*In-store Sun., 11/8/09 only. Limit one Zhu Zhu Pet per household. Quantities limited; no rain checks. Selection may vary by store.

Seeing how my daughter is all about the Zhu Zhu pets this year, I thought this was a great thing.

So, I get up early (which was a chore, my wife has been in the hospital and just came home yesterday, so we are all exhausted from running back and forth.) I drove 20 miles to get there extra early so I can be one of the 1st 50 people there only to discover not only was my Toys R Us not opening early, they didn't even have them in stock. Talk about a waste of time. Why bother sending something out if it isn't true?

On the drive home I thought to myself, "maybe it was only at certain stores." So I came home and read the email again to make sure. On the bottom it said what stores wouldn't have them. I don't live in NJ, and this was a full size Toys R Us, not an Express or Babies R Us. In fact, I even clicked on the store locator on the email, and my store in Riverhead, NY popped up. Talk about a waste of time.

Was there some kind of miscommunication, or was this an e-mail blast gone horribly wrong? Did Arnold misunderstand? The entire message and relevant part of the disclaimer are reproduced above. It seems pretty straightforward.

Forget about disappointed little children—we hope that no more frazzled parents get their hopes up only to discover that the toys they seek aren't available as promised.

Did you try to obtain Zhu Zhu Pets on Sunday morning like Arnold? How did you fare?

PREVIOUSLY:
Experts Predict Widespread Robotic Hamster Shortages

He writes:

I'm not sure if this is really pertinent to your website but I just feel like venting right now...
I am a manager with Toys R Us and have been with the company for 10 years. Today on our weekly national
conference call it was announced that we will be open on Thanksgiving Day. This may not come as a shock
to the average consumer, but to a retail worker who only typically has three guaranteed days off a year (Easter, Thanksgiving, and Xmas) this was disturbing. It was presented to the stores as capitalizing on a competitive advantage. This information is supposed to be highly confidential but I just feel like calling bullshit on these arrogant corporate assholes who will be enjoying Thanksgiving with their families whilst the true workers will be working and preparing for the busiest shopping day of the year. Also, we will be opening at midnight Thanksgiving Day to enjoy another competitive advantage.

Signed,
Soon to be former Toys "R" Us Kid

Whatever Toys R Us honcho made this call must not only face guff from managers like the one who wrote us, but now will probably be visited by the ghosts of Thanksgivings past, present and future, which I'm pretty sure are totally freaky flying headless turkeys. So it's really that guy I feel bad for rather than the manager and employees.

Who's up for some Thanksgiving Day toy shopping?

(Photo: XISMZERO)

One of the predicted "hot" toys for this holiday season are Zhu Zhu Pets, adorable little robotic hamsters. Are they right for you and your family? As one of The Consumerist's leading hamster experts, I've assembled a handy chart to help you determine whether a robot or traditional hamster is right for you.

Arguably, the toy model is best for younger children who might lose interest in caring for and feeding a live hamster. For children who are true animal lovers, there is no comparison. These toys are recommended for children ages 4-10, and I'm not sure I'd recommend responsibility for an animal for most children that age.

It looks like the overall advantage goes to the robot hamsters. However, while discount and toy stores are already running out of Zhu Zhu Pets and their playsets, the analog version is rarely in short supply, and many different models can be found at your local animal shelter, via Craigslist, or in pet stores.

Also, here is a gratuitous picture of my hamsters.

Zhu Zhu Pets [Official Site]
Will a $10 Hamster Have Them Fighting in the Aisles? [CNBC]

"We'd be looking to see if Tweet's death is related to any noncompliance with the Animal Welfare Act," said PETA spokeswoman Jessica Milteer. The American Humane Film & TV Unit, however, insists that no tarp scraps were found in Tweet's mouth or stomach after his death. We'll wait for the official investigation to be completed before weighing in on this, but if it turns out Tweet choked on somebody else's vomit, we'll be very, very worried.

Feds to probe circumstances of ‘Tweet' the giraffe's death [Boston Herald]

According to the Washington Post, the effort is part of what's expected to be an epic battle between the R crew, Walmart and other major retailers for the hearts, minds and wallets of America's parents.

...it's not the only retailer ramping up toy operations before Christmas. Sears has already installed permanent toy shops in 20 stores in New York, San Francisco, Los Angeles and Chicago. Behemoth discount retailer Wal-Mart said it is planning exclusives with popular licensed brands such as Bakugan and Transformers. "I think every lever that can be pulled will be pulled," said Anita Frazier, senior industry analyst for the market research firm NPD Group.

While retailers are hoping for a better season this year than last, that's far from certain. Toys R Us recently reported a drop in revenue for its latest quarter, as consumers remain reluctant to spring for high-priced toys.

Holiday blitz for Toys R Us [Washington Post]

(Photo: thewastedsmile)

"The video game trade-in program is another way we're providing customers with additional value when they visit our stores," said Bill Lee, Vice President, Divisional Merchandise Manager, Toys R Us, U.S. "This program is designed to make the exchange process completely hassle-free for customers by accepting games from even the oldest systems, including the original Atari 2600 and 32-bit Sega Genesis."

This is good for consumers in a couple of ways. Not only does monolith GameStop have some significant competition, but there's now an outlet to get rid of older games and systems GameStop ignores. My Super Nintendo and Game Boy Advance collections may have found their final resting place.

Granted, trade-ins are rarely the way to get the most bang from your old games. Selling them individually online will almost surely get you more money, but whether or not that's worth the hassle is up for debate.

Toys R Launches Game Trade-Ins Nationwide [Kotaku]
(Photo: ThatBeeGirl)

With no other options, he researched the e-mail addresses of the company's executive board and fired off a carefully crafted executive e-mail carpet bomb.

Dear Toys R Us Executive Committee,

My name is Seth M. and I am taking the unusual step of writing
you personally after having exhausting your normal customer service
options.

Back on July 6th I purchased a "Fast Lane Mutator" Radio Controlled
vehicle for my son. I paid $65.98 for it including sales tax. The
day after the purchase the main drive gear in the transmission
stripped out leaving us with an inoperable car. Inside the packaging
was a card telling us that in case of problems, not to return the toy
to the store but to e-mail, service_toysrus@yahoo.com. I did so and
quickly received an automated reply telling me that the address was no
longer good, thereby stripping me of that service option. I went to
the ToysRUs Website and after a little searching came up with a phone
number, 1-800-869-7787.

The guest relations staff at this number were very helpful, taking my
information and telling me that they would forward it onto the proper
people. They also gave me a case number [redacted]. About 15
minutes later, I received a call from another associate who was looking
to check my information and to gather some details that were missed in
my prior call. She told me that my problem would be forwarded to the
"Private Label Team", because the "Fast Lane" line of merchandise was
built as a Toys R Us house brand. She also said I should hear back
within 5 business days.

During the next two weeks I did not get a call.

Then, while my family and I were on vacation, I received a message from
someone, Daphne I believe, in "Corporate Guest Relations" requesting
that I return her call. We returned home August 8th and I was able to
call the number, 1-800-961-5984, on Monday the 10th. The associate
who answered said that they just wanted to let me know that my issue
had been forwarded onto the Private Label Team and that I should hear
back within three days. On Friday the 14th after hearing nothing I
called again to check up on the progress. I was told that they would
re-send it to the Private Label team and to expect to hear something
within 5 days.

It is now August 21st and another call was made. Again I was told
that they would re-send my case to the Private Label team. I asked
the associate if there were any other options for me as the sending of
my case to the Private Label team seems to have no effect. I was
given the name of Mr. Storch and the Corporate mailing address, with
the suggestion that I send him a letter.

This e-mail is the resultant letter.

Before moving on, I would like to tell you that at every step of the
way along your customer service chain, the men and women I spoke to
were polite and very willing to do whatever was in their power to help
me, this is commendable. However it seems that nobody I have spoken
to as of yet has the ability to actually resolve my issue.

My family and I often shop at ToysRUs, and would prefer to continue.
With our children it is definitely easier to have a toy in hand versus
a printout of a delivery confirmation. When I first started contacting
your company I was hoping to either receive a replacement part, or
vehicle. Unfortunately at this point I think that a full refund would
be the best way to resolve my problem.

I understand that it being late on a Friday, an immediate response may
be difficult. I look forward to hearing from you next week.

Thank you for your time,

Seth M.
[Phone number]
[E-mail address]

cc: http://www.consumerist.com

After reading his initial e-mail, we asked Seth how things turned out. The response to his EECB was immediate and quite impressive.

I wrote my initial e-mail on Friday evening. I received my first e-mail
reply from a member of the Toys R Us Executive Committee (the focus of my
e-mail) early Saturday morning. Shortly there after I was called by
Rachelle from Executive Relations who let me know that it being Saturday
there wasn't much that could be done until Monday. She did say that Toys R
Us would do whatever was needed to make things right. She said that a gift
card was the easiest for them but they could also mail me a check. She said
that she would call me on Monday to make all the arrangements. I told her
that a gift card would be fine.

I also received an e-mail from the Vice President of Operations Ms. Claire
Babrowski, letting me know that she would make sure everything was taken
care of.

Later Saturday Ms. Babrowski e-mailed me again after finding out that
Rachelle had already called me to arrange a resolution. Ms. Babrowski
wanted to make sure I was satisfied and asked that I keep her updated on the
status of everything. She also offered to, in addition to the gift card,
send my son a "zero gravity" RC toy to apologize for Toys R Us's failure.

I replied that my son would appreciate the toy and sent my address.

On Monday Rachelle called me to confirm my address for the gift card.

Tuesday morning the "apology" card arrived with a hand written apology from
Ms. Babrowski, much to my son's surprise and joy.

I as of yet have not received the gift card but have every expectation that
it is on its way.

I cannot thank the consumerist enough. It was via the various posts
regarding an EECB that I learned how to search for e-mail address formats
and how to write an appropriate concise letter. I did not expect such a
quick and complete response from Toys R Us.

What a great resolution! We're a bit concerned about the runaround Seth received when trying to replace the toy through regular channels, and hope that Toys R Us has taken this opportunity to fix the problems with their private label product support.

Do you have a customer service problem that can't be solved through the regular channels? Empower yourself with the information available here on Consumerist, starting with the Ultimate Guide To Fighting Back.

UPDATE: Seth just reported that he received a gift card for the total amount he paid for the car, plus $15.

The cool thing is you don't need a receipt, nor even to have bought the item at Toys R Us. And it doesn't even matter how old the item is, the L.A. Times reports:

During the Great Trade-In event, which begins Friday, all Babies R Us and Toys R Us stores nationwide will accept returns of used cribs, car seats, bassinets, strollers, travel systems, play yards and high chairs regardless of how old they are or where they were purchased.

In exchange, consumers will receive a 20% discount on any new item in those categories from 16 manufacturers including Cosco, Evenflo, Graco and Safety 1st. There is no limit on how many items customers can trade in.

A 20 percent discount isn't exactly a windfall, but for those who need financial motivation to rid their house of baby death traps, it's better than nothing.

Toys R Us' trade-in offer triggered by safety recalls [Los Angeles Times]
(Photo: AaronBBrown)

Sure is spooky stuff that not even Mulder and Scully could explain.

A couple of hours and two Walmarts later, they found themselves at Toys R Us.

If the problem was just that Walmart's "approximate" store inventory system sucks, it wouldn't be that much of a story. But what really ruined the family's experience was that at the Walmarts, it took either a small army or a 51-minute-wait to find out that the item wasn't there.

By contrast, Toys R Us managed to save the birthday shopping trip with a smile:

On our happy way, we surfed the Internet on the phone found the item also in stock at Toys R Us and frantically called them. We were immediately transferred to a bubbly manager whom raced, not waddled, to the shelves to check if the product was in stock. It was! Even though they had four in stock an associate dragged the fifty pound box to the front counter and attached a HOLD note to it. Do you know how valuable it was not to drag three children through a toy store trying to locate the seasonal department? Or wait? Priceless.

We drove halfway across Cleveland with a tired toddler and one devastated customer to pick up the item. Parked our minivan next to another minivan in a different color and stepped inside Toys R Us. The skies parted and the angels sang.

Three point two minutes later: One very satisfied customer making his first big purchase with his savings, a purchase he will always remember. Not taking place in Walmart. Heh.

"You won't find me at Walmart" [Classy Chaos] (Thanks to David!)
(Photo: Unkle_Cheese)

You can buy the gun with free shipping, but if you choose to add the offer for free ammo you end up paying for shipping anyway, making the armor not so free.

Chi writes about how he got suckered in:

Like many people I have seen the Nerf guns and thought they all looked cool. So there was a special going on with free shipping and extra ammo. So I thought I could waste $11 on a nerf gun. The shipping for just the gun is $5.04, which is waived because of free shipping. Now you get a free pack of nerf ammo with the purchase, though you have to pay shipping. Now shipping for them together is $5.08. So you would think you would have to pay sales tax and $.04 for shipping right? No, they lower your free shipping to $2.82 so that they squeeze a couple more dollars from you. Not a huge deal but strange how the system changes how much free shipping you get. Damn, guess I really want that Nerf gun.

Unless Chi's nearest Toys 'R' Us is more than $2.82 worth of gas away, his buyer's remorse is justified. But hey, don't feel too bad for him. He's got a Nerf gun and ammo and you don't.

Home Depot patio umbrellas - may fall over unexpectedly after umbrella closes and hit someone. No, seriously.

Step2 Play Up Gym play sets (sold at Toys R Us) - swing hangers can break; risks sending child hurtling through the air in a very not-fun manner.

Gothic Cabinet Craft bunk beds (sold in NY metropolitan area and NJ) - violate federal bunk bed safety standards; a child's body can pass through spaces in guardrails, but not a child's head. Scary.

Ely and Walker girls' hooded sweatshirts - drawstring poses strangulation hazard.

Ross Stores benches - can collapse when weight is put on them. (No word on how much weight.) Bad feature in a bench.

Bicycles from Norco, Trek, and Cannondale due to potentially dangerous defects.

Build-A-Bear Workshop folding beach chairs - risk of injury (to humans) when folding chair shut

In Cooperation with the the U.S. Consumer Product Safety Administration, Jardine Enterprises recalled Emma's crib on April 30 because:

CPSC has received 31 incident reports of slats breaking, including two reports of children becoming entrapped in the gap created by the broken slat on the crib models identified below. In 10 of these incidents, consumers reported that their child broke the slat while in the crib. There was one report of minor injuries (bumps and abrasions.)

Emma's 2-year-old brother Luke slept in that crib for more than a year and emerged bump and abrasion free. But that was long before the recall, and good parents don't let their kids sleep in recalled cribs, right?

So I filled out an online form and entered the serial number to get a voucher for a new crib that won't maim my little baby. Wednesday I received a FedEx envelope with an info packet and return envelope telling me what I needed to do to get a new one: Disassemble the crib, remove the labels with the model number and date of manufacture and FedEx Jardine the screws and labels.

Yes, they're demanding the freaking screws.

I guess Jardine figures Emma should sleep on the floor while I wait for my new crib voucher. Or maybe the process is so rigorous in order to screen out all those black-market crib-hawkers you find on street corners. Those rascally speculators, always buying baby beds they expect to be recalled in order to score replacements for free.

Donald Mays, Senior Director of Product Safety and Technical Policy for Consumers Union, said Jardine's recall hoops are unusual. He pointed out a Consumer Reports blog post with a helpful comment thread that suggested taking advantage of the Toys R' Us/Babies R' Us recall policy, which cuts out all the screwing. I called a Tucson Babies R Us and confirmed that I'd get store credit if I returned the defective crib, with or without a receipt.

One commenter said that Babies R' Us would give you a refund if you bring in a receipt or a crib, but the manager I talked to said that wasn't the case. You're not getting a new crib unless you return the old one.

Next on my to-do list: Develop the super-human strength it takes to lift an entire crib into my truck.

Jardine Cribs recall [U.S. Consumer Product Safety Administration]

You may think a veteran consumer advocate would be able to resolve an incident like this with the company fairly quickly, but Jennifer's experiences over the past two years show just how difficult corporations can be when you try to get them to own up to their responsibility. Just look at how hard they tried to avoid talking to her a few days after the accident:

I left a message with the company's "Risk Management" office, which didn't call me back. The next day, I called again and got someone. They assigned me a "file number" and a "case worker," but told me that the case worker they were assigning me was out on medical leave for an indefinite period. This concerned me, and I protested, but the representative assured that if I needed anything, "anyone who answers the phone will be able to help."

Later, I received a letter from Toys 'R' Us which stated that due to their "inability" to reach me via telephone they were contacting me via letter. My home phone number is a VoIP line, so I logged into my account and checked the incoming calls to my home phone. Not one was identified as coming from Toys 'R' Us or the corporate office's area code.

Being a consumer advocate may not give you an edge in being taken seriously by a corporation, but it does give you the drive you need to publicize a company's negligence. We can't wait to see how this develops in the coming months.

If and when we get to trial, I will be not only the plaintiff but a blogger on the scene. Now that we have a court date set, what's truly ironic is that we have a well-established model for this new project. This is what we do. We gather information, ask probing questions, parse out the answers, publicize our findings, and make an argument for how things should be. We've done it with Avent, Playtex, Sassy, Tupperware, Carter's, and continue to apply pressure to companies to make them change for the better and respond to what they've done. We go to trade shows in part to introduce ourselves to new vendors and discover all of the great new children's products that come online every year. But we also go to put faces to names for people we've dealt with over the previous year, and you know what? When we show up at the booth of someone we've worked with on a contentious consumer issue, they either groan or cheer. And we like it that way.

The difference, of course, is that it's personal now - but so is the BPA Dr. Brown's introduced to Z through her bottles before we knew about endocrine disruptors, or the skin lesions other people's children suffered from onesies with the same likely chemical formulation our daughter wore, but did not react to, when she was an infant. Compassion means seeing harm to everyone, yourself included, in the harm that is done to others, and we've learned that lesson well, both through parenting and through blogging. In fact, I'd say that this merging of personal and social interests is at the heart of advocacy blogging, and we're ready to show Toys 'R' Us how it's done. Low-level chemical toxicity is an evolving field of knowledge, but basic maintenance is a question of simple procedures and the reinvestment of a modest share of corporate profits to ensure customer safety. It isn't the sexiest way to spend your company's money; doing it right means your efforts barely get noticed. But doing it wrong can have deadly consequences.

"How Toys ‘R' Us can change your life" [Z Recommends] (Thanks to Jim!)
(Photo: Carey Tilden; photo of collapsed stall from Z Recommends)

(Thanks to Frank!)

It reads: "Walking Doll Ass." Whatever the product is, it comes with a "tattoo pen." Wholesome!

Laura writes:

I just got off the phone with Toys R Us customer service. On the main page for video games it states "Buy 2, Get the 3rd Free on ALL video games $19.99 or less while supplies last"

However, when you click on that, it only gives you selected video games that are $19.99 or less. If you add other games (which I assumed were included in ALL video games) they are not eligible.
Customer service was no help. They just kept stating that it was only certain games and couldn't comprehend why I was unhappy with the misleading banner ad.

It's not ok for Toys "R" Us to write "ALL" and mean "some." You could report Toys "R" Us to the FTC, if you like. It'll probably be the easiest case they'll have all day.

You can also report the company to your state's attorney general or department of consumer affairs.

FTC Online Complaint Form [FTC]

Here's Addie's letter:

I went to this Babies R Us Saturday to pick up some stairway gates and to try out gliders - my son needed to nurse, so I decided to multitask and nurse and try out a glider at the same time. Within a microsecond, an employee named Mike came over to me and told me that if I needed to "do that", that I had to use the mother's room in the store (mind you, I was COMPLETELY covered by a nursing cover). I told him that I did not want to nurse my baby in a room that smelled like baby poop. He stood there, shaking his head at me in disgust, and told me that it was store policy, and that if I needed to "do that", it had to be in the mother's room. He stared me down until I got up in left, and I have no question in my mind whatsoever that he would have called security if I hadn't gotten up and left. I attempted to feed my baby in the parking lot (impossible since he is very wiggly and easily distracted at this stage), and ended up driving home with a hungry, sobbing baby.

Quoting California Civil Code 43.3: "Notwithstanding any other provision of law, a mother may breastfeed her child in any location, public or private, except the private home or residence of another, where the mother and child are authorized to be present." A cramped and smelly room hardly counts as "any location".

I will no longer support this company.

Nearly the same scenario happened at the Toys "R" Us in Times Square a few years ago, and it caused quite a large PR debacle for the company. The ACLU even got involved. At least officially, it's Toys "R" Us' policy that mothers can breastfeed their babies wherever they like, in accordance with the law. They do provide breastfeeding rooms at Babies "R" Us, but you are in no way obligated to use them. The employee who told you otherwise was incorrect. You should report his behavior to Toys "R" Us corporate because it is inappropriate and may even be illegal.

Here's a portion of the letter that Toys "R" Us' CEO sent to the ACLU after the Times Square incident:

Toys “R” Us agrees with the New York Civil Liberties Union that we should do everything we can to provide for the best interests of our customers — moms, kids and families. Toys “R” Us does maintain a company-wide policy that any mother may breastfeed her child in the place of her choice within our stores. Beyond that, all of our Babies “R” Us stores have dedicated rooms for breastfeeding mothers. These rooms are clean, comfortable, safe and private, and we have spent significant amounts of money to provide this option for our customers. Our Times Square store, in particular, has a private area designated for this purpose. We are proud to offer this accommodation to those mothers who are more comfortable breastfeeding their children in a private environment, and it is our experience that many mothers prefer this alternative. However, we are equally respectful of the preference of other mothers — which, in New York, is their legal right — to breastfeed their children in the place of their choice within our stores.

Toys ‘R Us Issues Formal Response to ACLU [Imperfect Parent]
(Photo: Bob Reck )

"It's discriminatory," Peters said. "How do you put an age on a grandparent or a mother or a father, for that matter?"

Toys R Us tells 3 On Your side they always have to set guidelines when they have promotions and for this one, they say establishing an age requirement was appropriate.

But Peters disagrees and says Toys R Us may claim to love grandparents, but what they really mean is that they love "old" grandparents.

"To assume that someone over 50 is a grandparent and that someone under 50 is not a grandparent, it's not fair," Peters said.

We're old fashioned—to us, anyone with a grandkid is a grandparent. What do you think?

Young grandmother feels shortchanged by toy store [AZFamily.com]
(Photo: ThatBeeGirl) (Thanks to Greg!)

Asserting that government and industry safety rules don't protect children from the hazard, Toys "R" Us is dictating stricter tests and design standards that cribmakers have balked at for years. The company, which also owns Babies "R" Us, has the clout to do so because it sells so many cribs—hundreds of thousands annually.

Toys "R" Us is specifying the trees its suppliers can use, the way they attach spindles to crib railings and even the type of glue. Manufacturers that don't follow the new rules can't sell cribs in its stores.

The move by Toys "R" Us shows that major retailers, responding to parents' concerns, are using their purchasing power to redefine the safety of children's products—more quickly and more stringently than government regulators and groups that set standards for the industry.

Toys R Us says that it can speak for consumers when the government won't.

"We saw that there were products that passed the existing standards but had problems in the real world," Toys "R" Us chief executive Gerald Storch said. "Something needed to be done, so we did it. . . . We think that it will spread to the market as a whole."
...
"Clearly a consumer is not going to say, 'You need a slat integrity test,' but they want to feel confident shopping for products," said Storch, the Toys "R" Us CEO. "What we try to do is stand up for the consumer and say, 'What would they do if they had the facts?' "

Toys 'R' Us gets tough with cribmakers [Chicago Tribune]
(Photo: What Rhymes With Nicole )

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Nick writes:

Hey Consumerist,

I enjoy your website quite a bit.

I don't usually have too many consumer related issues, but I've run into something today that was sort of odd and thought that you guys may or may not be interested.

When I woke up today, I got into my usual routine, checking around the web to see if there were any places that had the Nintendo Wii in stock. As luck would have it, Toys'R'Us said they had them in stock. I'm thrilled, I've been saving up for a few months to get a Wii, and finally, I can get one. So I order one around 10am.

I get an e-mail at 12:55pm saying that, sorry the Wiis are currently on back order. I'm bummed out, but not crushed. I go back to the Toys'R'Us page, and guess what, they're still saying they are available. At this point, I find this really annoying. They are not telling customers that these have been backlogged on the site, but are sending out e-mails saying as much. I took a screencap of the site (still listing it as available at 1:15 or so).

I still really want my Wii, and would like to know when it'll be shipping. I call thier customer service, and I am helped by a very polite lady who tells me they are unable to say when the backorder will ship. Cue further dissapointment. I've sent of a polite e-mail through their web e-mail interface to express my disappointment in the handling of not only my own order, but continuing to take orders even though they knew they were selling a product they didn't have in stock (but were listing it as in stock).

I'm really pretty bummed out with this whole thing. I haven't canceled my order yet, because I'm hoping by some miracle this will come through. I don't know if you guys at Consumerist would be interesting in something like this or not, I don't know if this is par for the course when trying to get a Wii. Nor am I sure what benefit this will really have, maybe you guys could do soemthing with this at least.

Toys"R"Us' letter to Nick:

Dear Nicholas,

Thank you again for your recent purchase at Toysrus.com & Babiesrus.com.

We have received your order 85439XXXXX-000, and wanted to let you know that there has been an unexpected delay in the shipment of the following items:

Item: 4172131
Description: Nintendo Wii Console
Quantity: 1 @ $249.99
Shipping Method: Standard Ground

Shipping to the following address:

Nicholas
Address

We want to assure you that your order will be fulfilled once the the item(s) becomes available. Once we are able to ship the item(s) you will receive a shipping confirmation email with updated tracking information.

All of your order information will also appear in the My Account section of our website where you can:

* Track all your orders
* Change your passwords

Please allow up to 60 minutes for your order information to be updated on our system.

http://www.Toysrus.com/checkout/index.jsp

Thank you once again for your order and selecting Toysrus.com & Babiesrus.com! We are continually expanding our selection to serve you better, so be sure to visit us often for new items and the latest promotions. If you have any further questions concerning shipping, order status, payment or other website policies, visit the Help area of our website at http://www.Toysrus.com/help .

Sincerely,
Customer Service

This e-mail was from a notification-only system; please do not reply to this message.

Nick's response:

Good Afternoon,

I was writing to express my disappointment in your handling of my order 85439XXXXX-000. I was really looking forward to getting a Nintendo Wii, and was excited to hear that Toys'R'Us had them in stock this morning (Friday, May 2nd). I placed my order in the morning, and then at 12:56pm received a notice that the order had been placed on back order.

I was rather annoyed that this was the case, but understand that sometimes these things can happen. But then I checked the Toys'R'Us website, and the item was still being listed as available. I took a screencapture of this at 1:10pm. While I am personally disappointed that my item is on backorder, I am even more disappointed that Toys'R'Us continued to claim that they were available, even though they clearly were not at that point.

I am also terribly disappointed that when I called customer service to find out when they might be shipping, to find out that no one could even give me an estimate of when they might ship.

I am leaving my order active with you currently in hopes that you resolve this issue quickly, but all and all, I have been very let down with Toys'R'Us.

Respectfully,
Nick

Don't be ashamed if you don't have the Wiis, Toys"R"Us. Nobody does.

If Wii-hunting is integrated into your morning routine, consider popping into the Nintendo World Store early one morning to buy one in person. As a responsible retailers, Nintendo won't take your credit card unless the console is in stock.

Nintendo Wii Console [Toys"R"Us]
RELATED: Why Are Nintendo Wiis So Hard To Find?

I saw this today at the Toy"R"Us store in Elizabeth, New Jersey and though you folks would be interested. This Lego kit (the Exo Force Sentai Fortress Battle Set) has a sign that indicates its original price was $19.99 and that it is on sale for $69.98. The sign helpfully indicates that this is a savings of negative $49.

We like how they're right next to the Hannah Montana and Minnie Mouse stickers.

IN ODDER NEWS: Lower Back Tattoo Stickers FINALLY Available For Kids At Toys 'R Us [Best Week Ever]
Lower Back Tattoos Now Available at Toys R Us [Cockeyed.com]

The reader, Gizmo Sprocket (we'll call him GS), noticed the price difference on the PS3 bundle.

The implication is that Toys R Us is discounting the console further from the list price, but GS knew that the list price is now $499 no matter where you buy the console—hence, this was no discount at all. He decided to ask Toys R Us what was going on:

There was no option for simple pre-order questions or to report problems with the website.... So I navigate phone-tree hell and finally get somebody on the phone. They insisted that the list price was $599. I explained that the initial launch PS3 bundles were indeed listed at this price, but the item they mentioned was not $599. There was some discussion surrounding that the launch PS3 was an entirely different model and SKU- including a 60gb model (not 80) and didn't include Motorstorm as indicated in this online listing. In fact, this sku was always $499. [see image at left. -Consumerist] They went to the Sony store online and told me they searched on SonyStyle for "PS3" and again insisted that the list price was $599. I repeated the search on my end of the phone call and saw what they saw.

They then conceded there was a problem (finally) and said it would be looked into. I asked if they would honor selling me this PS3 for $100 off the list price as Toys R Us Dot Com showed they were selling it (the list price actually being $499 not $599 as listed) and they said they would not.

I am not sure this is illegal or unethical- as a consumer I was prepared to buy it for $399 if they would honor that price. I am still prepared to buy the 80gb motorstorm bundle for $399 if they would honor that price, but that is besides the point.

So- it is definitely illegal to indicate an inflated list-price in NY State and probably other areas. As I live in NY State and this product would be shipped to NY State. Toys R Us Dot Com markets in NY State and it would seem that this consumer protection applies. This could be an innocent mistake, but part of me thinks it would be reasonable for them to honor their posted discounted price in either proportion ($100 off of $599 is a discount of 16.66667 percent) or as a drop of $100 off off the $499 actual list. Either way I'd buy it..

What are your thoughts?

I check Techbargains.com occasionally. At lunch i noticed a clearance sale over at Toys R Us dot com. I wondered if the list price issue was fixed on the PS3 so I clicked through techbargains and then clicked for items over $100 and found the 30gb Zune listed.. the list price is noted as $249.99 and then, below it- Our price: 199.99... I just checked on http://www.zune.net/en-us/products/compare.htm and found the 30gb is listed at $199.00. The price was dropped when the new Zune models were announced. Now what is really troubling is that this page is supposed to show things on a clearance sale! It says so at the top of the page.
 

As to the legality of it (we're getting there, we just had to get through a lot of backstory first), here's the actual law in New York City:

Rules of the City of New York -
Title 6
Department of Consumer Affairs

§5-91 Reductions Based on Advertiser's Own Price; "Formerly," "Regularly," "Reduced," "Percent Off," "Save," and Similar Terms.

(a) Immediately preceding price. If an advertiser uses the words:

          "percent off"
          "formerly .., now ..."
          "reduced"
          "reduced to"
          "regularly..., now ..."
          "now only"
          "save $ ..."
          "was ..., now ...,
          "item now $ ..."

or any similar term implying a reduction from a prior price charged by the advertiser, the price to which the reduced offering price is being compared must be the advertiser's bona fide selling price for that item or service unless the advertiser clearly discloses another basis of comparison or qualification.

(b) Intermediate reductions. If the term "originally," or any similar term, is used in any advertisement, the price stated as the "original" price must be the advertiser's bona fide selling price for the same article or service prior to intermediate reductions, and the price immediately prior to the current reduction must be disclosed, unless intermediate reductions are clearly indicated by the language used.

Example: "Originally $75; then $68; now $65"; "Earlier this year $75; now $65"; "Further reduced to $50."

(c) Comparison not recent. If a claim is based on a past bona fide selling price of the advertiser prior to the recent, regular course of business, the advertiser must clearly disclose that fact.
Example: "Last year $40, now $20."

RELATED
"You Can't Discount The Past, Apple"
(Photo: Getty)

Just got this email from Toys 'R' Us in my inbox and thought you'd be interested. I'm normally pretty skeptical about corporate promises like this, but if they implement these changes I'm going to be pretty impressed.

Keep up the good work!

February 15, 2008

A Message From Gerald L. Storch,
Chairman and CEO, Toys"R"Us, Inc.

Dear Valued Guest,

At Toys"R"Us, Inc., kids are central to who we are and to what we do. Our commitment to their safety is non-negotiable. I wanted to share with you today some of the decisive and proactive changes we have made recently to our already rigorous quality assurance standards:

NOTIFICATION TO MANUFACTURERS OF INCREASED QUALITY ASSURANCE STANDARDS AND OVERSIGHT:

We have instructed all manufacturers who produce items for Toys"R"Us, Inc. that products shipped to the company on or after March 1, 2008 must comply with strict new standards, which include:

Significantly increasing the frequency of third-party testing, including each batch of product imported to the United States by Toys"R"Us, Inc.;

Ensuring all product samples submitted for testing are selected by the company's third-party, certified laboratory;
Date-coding all products;

Applying a more stringent standard of 90 ppm for lead in surface coatings versus the current federal standard of 600 ppm for all products manufactured exclusively for Toys"R"Us, Inc.;

Requiring substrate materials to meet a standard of 250 ppm for lead versus the company's current standard of 600 ppm for all products manufactured exclusively for Toys"R"Us, Inc.; and

Using lead-screening equipment to conduct company auditing of all products at their point of origin and at various points in the supply chain.

REDUCTION OF PHTHALATES AND POLYVINYL CHLORIDE (PVC) USE:
All manufacturers have been notified that by the end of 2008 juvenile products sold in any Toys"R"Us or Babies"R"Us store in the United States must be produced without the addition of phthalates that have raised concerns about infant safety.

Additionally, as we move closer to our goal of offering PVC-free products, we have already begun replacing PVC and phthalates in juvenile products manufactured exclusively for Toys"R"Us, Inc.

ELIMINATION OF NICKEL-CADMIUM BATTERIES FROM ALL PRODUCTS MANUFACTURED EXCLUSIVELY FOR TOYS"R"US, INC.
We have instructed manufacturers to immediately take steps to eliminate the use of nickel-cadmium batteries from all items manufactured exclusively for Toys"R"Us, Inc. This process is expected to be complete by the end of 2008.

We know that you trust and expect that we will always do the right thing when it comes to the safety of children, and we take that responsibility very seriously. At every turn, we will continue to look for ways to provide the safest shopping environment for the children and families we serve. We love kids and babies - and safety in all we do for them, and for you, is an imperative.

Sincerely,

Gerald L. Storch
Chairman and Chief Executive Officer
Toys"R"Us, Inc.

(Photo:TheBeeGirl)

• Exciting Sweepstakes Offer: 4.5 inches
• Essential Purchase Details: 6.5 inches
• Gift Receipt Section: 7.75 inches

Complete Receipt Defeat [An Entirely Other Day]
Image via Aeropause

Marc says:

I just picked up the morning edition of the Louisville, KY newspaper - The Courier Journal to read while eating breakfast at a local Waffle House. In it was the following circular ad for a Toys-R-US sale. I almost choked to death when I opened the circular to see on the inside right hand page, just below the fold, a 25% off advertisement for the Aqua Dots starter pack.

I haven't been paying too close attention so I don't know if the whole aquadots/GHB thing has been resolved. But in today's edition of the Ventura County Star, the daily in our Southern California county, an insert from Toy's R Us advertising its "Doorbusters" sale included a 25% off ad for Aquadots. I don't know the situation on the actual store shelves, but I'm curious if instead of recalling the toy they've just decided that date rape at three-quarters the price will make sure their doors get busted down?

Toys R Us

November 16, 2007

Dear Valued Guest,

As we prepare to kick off the holiday shopping season, we know that the important issue of toy safety is on the minds of many parents. I wanted to take a moment today to reiterate to you our uncompromising commitment to the safety of the children and families we serve and to share with you some of the steps Toys"R"Us has taken in recent months to enhance our already high safety standards:

While we have always mandated that our manufacturers extensively test products for a variety of hazards, earlier this year, Toys"R"Us engaged Bureau Veritas, a respected world leader in independent testing, to re-test products right off our store shelves. We have alerted our manufacturers that we will report any safety violations we may find to the proper authorities. In addition, we have advised our manufacturers that they must now increase the frequency of testing for each shipment of toys sent to Toys"R"Us stores. Our message is clear: there is simply no place for unsafe toys on our store shelves. Failure to meet our safety requirements has consequences - up to and including termination of our business relationship

We believe that when a product is recalled, the most important thing is to get that product out of children's hands. To that end, we have instituted a "no quibble" policy when it comes to toy recalls. This means Toys"R"Us will take back recalled product whether it was purchased at Toys"R"Us or not - with or without a receipt.

We are working in partnership with federal legislators to advocate for more funding and staffing for the Consumer Product Safety Commission, the government regulator responsible for toys. We are also advocating for the introduction of production code stamping of products, so retailers and consumers can easily identify specific items should they be recalled.

As the toy authority, Toys"R"Us carries the broadest assortment of toys from 30 countries, including the United States. Whatever your gift needs this holiday season, our toy-trained staff can help you find the best gift for the child on your list. I encourage you to visit our Safety website, www.Toysrus.com/Safety, which we have updated to include helpful tips for safe toy shopping during the holiday season

As a company committed to children and families, we understand the trust you place in us to make sure the toys on our store shelves are safe. And, as a parent myself, I want you to know that our entire organization continues to work vigilantly on your behalf to ensure this is the safest of holiday seasons.

With Best Wishes to You and Your Loved Ones on behalf of the Toys"R"Us, Inc. Family,

Sincerely,

Gerald L. Storch
Chairman and Chief
Executive Officer
Toys"R"Us, Inc.

(Thanks, Imasuperhero!)
(Photo:HamillianActor)

Ran into this sign over the weekend at the ToysRUs in Henderson, NV.

While I'm usually a sucker for a good deal, -$10 off just strikes me as odd. Maybe if I bought a few I could make it up in volume.

William

According to news reports, Target is still selling something called the " "Micro Aggression Crash and Bash Playset & Cage Match," which includes a Benoit figure, and some eBay sales of Benoit related merchandise have attracted a crowd of bidders.

Most stores, however, have pulled all references to Benoit from their shelves, including Walmart and Toys 'R Us. The manufacturer of the Benoit action figures has discontinued all Benoit merchandise.

"The company takes what happens very seriously and we don't want to contribute anymore to the situation, so we are no longer going to be distributing or making any more Chris Benoit action figures," said Genna Rosenberg, spokeswoman of Jakks Pacific Inc. "We have the power to not make them, and no longer send them out, and that's what we are planning to do."

Wrestler's death, murders overshadow merchandise [Mercury News]

For the companies, the problem is two-fold: figuring out exactly what to test for and maintaining control over their network of suppliers, even as they turn to China for vast quantities of imports at lower prices.

•Testing: General Mills has started testing for contaminants. Which contaminants? They aren't saying.
•Supplier Screening: Kellogg has begun screening suppliers and is lining up alternates in case of an incident.
•Product Safety Executives: Toys "R" Us has hired two new fall guys executives to oversee procurement and product safety.

Though we applaud any effort that improves the safety of our food, catching contaminants before they arrive on American shelves is the lesser half of the battle. Removing the economic incentives that encourage Chinese companies to substitute inexpensive poisons for specified ingredients is the real challenge, and not one that we believe can be addressed by new executives or random testing. What steps do American companies need to take to allay your concerns about Chinese products? Tell us in the comments.

Companies in U.S. Increase Testing of Chinese Goods
(Photo: showbizsuperstar)

Who can blame them? Return fraud soaked retailers for an estimated $9.6 billion in 2006, according to the National Retail Federation. Returning stolen merchandise for a refund is the most flagrant offense, affecting 95% of retailers last year. Computer-generated, counterfeit receipts make the practice easier. So-called wardrobing — the unethical practice of returning nondefective, used merchandise — affected 56% of companies. About 69% of retailers have modified their return policies in response to fraud, according to NRF. Changes include shorter time limits, restocking fees and requirements for original packaging.

Putting Return Policies to the Test With Rising Fraud, Retailers Get Tough [WSJ] (Subscription req'd)

Holiday gift returns: Still nothing easy about it [Money] (Thanks to Octavia!)

If you purchase cheaper Black Friday toys at other retailers, Toys R Us will not pricematch. If you purchase an item more expensive then the early bird Doorbuster price, the retailer will not pircematch.

Really, though, is this such a big deal? Who wants to be running between a buncha different toy stores on Black Friday, shaving $20 here, cajoling $10 there. Consider the opportunity and gas costs, people. — BEN POPKEN

Walmart: List.
Circuit City: List.
Toys R Us: List.
Linen's N' Things: List.
Boscov's: List.
ACE Hardware: List.

Ad scans here.

There are about 3,000 such toy chests out there. They were sold exclusively by Toys "R" Us. Naturally, if you have one of these suckers and you'd like junior to attend Harvard, you might want to take it away from him and bring it to any Toys "R" Us for your refund. — MEGHANN MARCO

"Cars" Toy Chests Sold at Toys "R" Us Recalled by Delta Enterprise Due to Lead Poisoning Hazard[CPSC.gov]

"I was at a Petco and they told me to go to the bathroom because it was making the customers uncomfortable," said Jessica Pierre, 30. "I told them, 'You don't eat lunch in the bathroom and neither will my daughter."

Toys R Us attempted to calm down the mothers, but by all accounts they were having none of it:

"When a Toys "R" Us worker tried to make nice by offering protesters water bottles and baby-friendly Cheerios, 42-year-old Christine Healy of Manhattan dismissed her as a "corporate shill."

"Toys "R" Us offers us water, and they make a fortune selling formula to mothers," said Healy, who declared herself a proud resident of the "Upper Breast Side."

Toys R Us still refutes Meyerson's story telling the New York Post: " "Her story, it's not what we found in our internal review. We have a companywide policy that supports nursing anywhere."

Yikes! [Via Gothamist]