|
Kokua Line June Watanabe |
E-mails can sell despite
not mailing to islesQuestion: I keep getting e-mails from these companies that offer online ads and shopping. I go to the site and find things to buy only to find out that they do not ship to Hawaii and Alaska. They tout local pickup at the store, but, in the case of one company, the nearest qualifying store is in Fort Bragg. Is this considered discrimination or false advertising?
Answer: In the e-mail example you provided, the answer would be "no," according to Stephen Levins, of the state Office of Consumer Protection.
Although you didn't find out until trying to purchase a product that it wasn't available to Hawaii consumers, you were informed of that fact before actually paying anything.
That "certainly mitigated any problems with the ad," Levins said.
That's not to say the offer couldn't have been presented more clearly. But just because it "could have been presented in a clearer way doesn't mean it's a violation of the law."
In fact, Levins noted, it would not only be less frustrating to a would-be buyer, but it would behoove the company not to alienate potential customers by making it clear upfront who qualifies for an offer.
Whether an ad is placed in a newspaper or online, you have to look at "the complete context of the ad" and "all the circumstances related to the solicitation" to determine possible deception or fraud, Levins said.
Regarding online solicitations, you're not always able to see immediately all the conditions and limitations, he said. "So, really, everything has to be looked at individually, and this is especially true with e-mails and Web sites."
In your case, you were informed that the offer wasn't good in Hawaii or Alaska before committing to any payment.
"It would be much more problematic if there wasn't any disclosure anywhere in the solicitation and the consumer ended up paying for (a product), the charge was processed and only later (the consumer was) informed that, no, it doesn't apply to Hawaii," Levins said. "That would be a much more serious concern."
Otherwise, the general law regarding deceptive advertising would apply online as elsewhere: "If there is an e-mail that is inherently deceptive, then it is in violation of the law," he said.
Additionally, the federal CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act), took effect in January, setting requirements for commercial e-mailers. That law prohibits misleading header information or deceptive subject lines; requires giving recipients a way to "opt out" of receiving future solicitations; and requires the e-mail to be identified as an ad and include a valid physical postal address.
Damaged vehicle?
To the person whose vehicle was damaged June 19 at Mid-Pacific Institute's softball field: Please report to the security shack at the school's entrance. -- No Name
Mahalo
To the father and son in a white truck, with the license plate FEN711, who were so kind to take time from their busy day to help a stranger change a flat tire and let her use their cell phone. -- Lady Driving White Honda
|
See the Columnists section for some past articles.
Got a question or complaint?
Call 529-4773, fax 529-4750, or write to Kokua Line,
Honolulu Star-Bulletin, 500 Ala Moana Blvd., No. 7-210,
Honolulu 96813. As many as possible will be answered.
E-mail to kokualine@starbulletin.com