Raising Cane
By Rob Perez
Sunday, July 22, 2001
Yoshikazu Takenaka is 87, usually walks with a cane and lives in a Waipahu home with wood floors. Families say seniors duped
to buy vacuumsLast month a door-to-door salesman persuaded Takenaka to purchase a fancy top-of-the-line vacuum cleaner for $2,300.
It probably wasn't a hard sale. Takenaka suffers from senile dementia and, according to his doctor, is not capable of managing his legal and financial affairs.
Two days later the same salesman sold a $2,300 vacuum cleaner to an 85-year-old Waipahu woman who also lives in a home with wood floors and no carpeting.
She too is showing signs of early senile dementia, including decreased memory and cognitive function, her doctor says. She also is hard of hearing.
Both families believe the salesman took advantage of their parent's conditions to persuade each to buy a vacuum that wasn't needed or was too hard for them to use.
The families tried unsuccessfully to void the sales and give back the vacuums, which are touted as good for cleaning floors. One family wants its money back; the other financed the purchase and wants the financing contract canceled.
City Cleaners, which supplied the Rainbow vacuums, told both families the transactions were conducted properly. It also told them the buyers had three days, as required by state law, to change their minds. Neither acted within the three days, though other family members -- who live in their own homes -- didn't discover the purchases until after the three days lapsed.
City Cleaners owner Roy Tamashiro denied that Rainbow sales people, who are independent contractors, use high-pressure tactics on elderly residents.
"We don't target old people," he said.
But this isn't the first time the company has been accused of such practices.
Two complaints filed with the state Office of Consumer Protection alleged that City Cleaners in 1996 and 1997 took advantage of elderly residents in selling door-to-door. The company disputed the accusations.
One complaint involved an 85-year-old husband and his wife, both in poor health, according to OCP files. The couple purchased a $2,642 vacuum.
"Can anyone say that this frail elderly couple, near nursing-home level, was not taken advantage of?" a niece asked in her written complaint.
The state took no action in the case because of insufficient evidence.
In the second case, a 75-year-old woman accused City Cleaners of misleading her about the $2,879 purchase price for the vacuum.
After investigating the complaint, the state warned the company to fill out contracts properly in the future.
In all, nine complaints since 1996 have been filed against City Cleaners, with four involving elderly residents.
Stephen Levins, the OCP's acting executive director, noted the similarities between the old and new cases.
"We're very concerned about any potential pattern of people being victimized, especially elderly and especially those who may not be in a position to fully understand the consequences of entering into these contracts," Levins said.
Burton Wong, son-in-law of the Waipahu man who bought the Rainbow vacuum last month, said his father-in-law was duped into signing a contract, believing the price was only $250, not $2,300.
"I get really upset just thinking about this," Wong said.
He tried to get the sale voided by sending City Cleaners and the finance company, Beneficial Hawaii Inc., a letter that Takenaka's doctor wrote at the family's request telling of Takenaka's senile dementia and inability to handle legal and financial affairs.
The letter also noted that a stroke in 1999 left Takenaka with left-sided weakness and a movement disorder.
A Beneficial Hawaii manager familiar with the case could not be reached for comment. But other Beneficial employees said the company, before accepting financing agreements, generally will call customers to make sure they understand the deals.
City Cleaners' Tamashiro said Beneficial never would have taken on the financing if it believed Takenaka was unaware of what he was signing.
Tamashiro also dismissed the note from Takenaka's physician. "I can make my doctor sign a paper for anything," Tamashiro said.
Wong learned of the other Waipahu case when he called the physician's office requesting the letter. When he told the receptionist what the letter was for, she replied, "Oh no, not another one."
The 85-year-old woman and Takenaka see the same doctor.
The woman's family asked that her name not be published. Carrie Kawamoto, her daughter, agreed to talk about her mother's case for one reason: "My main intent is to help others."
Kawamoto hopes that publicizing the case will educate people about the problem of elderly residents being victimized by door-to-door sales people.
It is an age-old problem, one that surfaces publicly from time to time.
While the majority of door-to-door sales people are fair and ethical, some resort to deceptive and unethical tactics to boost sales, said Joe DeMattos of the local American Association of Retired Persons.
How much of a problem that is in Hawaii is unclear because few cases are reported.
"Unfortunately, a lot of times people who are victimized don't complain to state authorities," said the OCP's Levins.
Tamashiro of City Cleaners cautioned that there are two sides to every story. "The family will tell you whatever they want to tell you to win you over."
But this story tilts decidedly on the side of the two Waipahu residents.
Even if they signed binding agreements, questions remain about whether they fully understood what they were signing.
The fair thing to do would be to take back the vacuum cleaners, refund the money, cancel the financing agreement and wipe the slates clean.
Star-Bulletin columnist Rob Perez writes on issues
and events affecting Hawaii. Fax 529-4750, or write to
Honolulu Star-Bulletin, 500 Ala Moana Blvd., No. 7-210,
Honolulu 96813. He can also be reached
by e-mail at: rperez@starbulletin.com.
