I want $1,000 of free money!

[jjllbb]

This guy bought a swing set from us about a YEAR ago. Not sure how much it cost. For argument's sake the average is probably somewhere around $1,500.

He was entitled to $50 in coupons for that purchase with his store membership card. Apparently he never received them. He called someone/our store/ company 1-800 number (it's unclear) and spoke to someone who was "rude".

Cue present day:

Man demands full refund of swing set he's been using for a YEAR. Approx $1,500.

Oh, and a full refund for the guy who he paid to assemble it. $400

(really, $400 for assembly??. I think NOT)

...And a $500 gift card JUST because we were "rude".

Don't forget the personal pick up service to come to his home, disassemble it, and remove it.

An email we received mentioned that they'd somehow obtained audio from one of the phone calls in which he claims someone was "rude" to him to find that HE was the only one being rude.

Last I heard they were going to notify him that he was NOT going to be receiving that $500 gift card he's demanding.

Wonder how that'll go.

[Gibbo]

They will be "rude" to him by saying that he can't have what he wants.

[bainsidhe]

Depending what state he's in, it's illegal to tape a phone conversation without the consent of both parties. Might mention that in the email.

ETA: darn typos..

[Kristev]

Unsurprising, but that's just foolish. Did he drink too much Dummie-berry juice?

[Naaman]

Depending what state he's in, it's illegal to tape a phone conversation with the consent of both parties. Might mention that in the email.

IANAL so...


Presuming (fairly safely IMO) that when he phoned up customer service the message said "This call may be recorded for quality control purposes" I believe hanging on the line to speak to a CSR implies permission for the call to be recorded.

Another thing to mull over if the call centre is in a different state; Say customer is in a state that requires both parties permission and the CSR is in a state that only requires one persons permission. Whose state rules apply?

(Oh, and I read that as customer service having a recording of his call, not him)

[Julesy]

Whoa man. Not asking for much, is he?

[chainedbarista]

rather ballsy of him; unfortunately, they're bigger than his brain and even that's not saying much.

[AtDIelement]

I smell scam. Is there a way to track whether or not he got those coupons? Say, if it's a rebate check, can it be checked to see if it was cashed?

Or, he could've gotten it, thought it was junk mail and tossed it.

[Aethian]

You would not believe how many times, we as carriers, get yelled at because a LOT of rebate checks go through the mail as standard. And since standard doesn't forward it gets recycled. UNLESS the company has "Return Service Requested" or "Forwarding Service Requested" on the envelope.

It's so bad we have to have a lock on the dumpster that handles that kind of recyclable material.

[Can I Help Your A$$?]

Gotta respect the big ones on that guy.

[MadMike]

Or, he could've gotten it, thought it was junk mail and tossed it.

My wife almost did that once. She got me a game for my birthday, and it had a rebate on it. When the check came, it was in a plain envelope with a company's name on the return address. I recognized the name and told her what she was. Good thing too, because she told me she was about to toss it.

[Argabarga]

Last I heard they were going to notify him that he was NOT going to be receiving that $500 gift card he's demanding.

Wonder how that'll go.

My guess?

Because you have been rude to him for a second time, he now expects another $500 in gift cards .

[godaistudios]

IANAL so...


Presuming (fairly safely IMO) that when he phoned up customer service the message said "This call may be recorded for quality control purposes" I believe hanging on the line to speak to a CSR implies permission for the call to be recorded.

Another thing to mull over if the call centre is in a different state; Say customer is in a state that requires both parties permission and the CSR is in a state that only requires one persons permission. Whose state rules apply?

(Oh, and I read that as customer service having a recording of his call, not him)

Exactly... IANAL either, but the phrase is 'implied consent' in that the circumstances (e.g. the notification) was made to the customer that calls may be monitored or recorded for training/quality/record purposes.

That said, the customer also has to give notice to somebody who can consent for him to record on his end - and call centers, as a rule, has policies in place for customers who want to record calls.

[Salesmonkey]

The U.S Federal Court of Appeals has ruled that one-party recording must be for a criminal intent for it to be illegal:

"We affirm, and, in so doing, hold that the exception to the one-party consent provision of 18 U.S.C. § 2511(2)(d) requires that a communication be intercepted for the purpose of a tortious or criminal act that is independent of the intentional act of recording."

source: http://www.wired.com/threatlevel/201...#ixzz0xWyZ30La

Laws in other countries may vary.

[wagegoth]

The U.S Federal Court of Appeals has ruled that one-party recording must be for a criminal intent for it to be illegal:

"We affirm, and, in so doing, hold that the exception to the one-party consent provision of 18 U.S.C. § 2511(2)(d) requires that a communication be intercepted for the purpose of a tortious or criminal act that is independent of the intentional act of recording."

source: http://www.wired.com/threatlevel/201...#ixzz0xWyZ30La

Laws in other countries may vary.

According to the case cited, the party who taped the conversation did not do so with criminal intent, only to protect his interest in certain property from his mother's estate. The suing party, could not, therefore, recover damages.