Why is Acme Revival suing its customers?
So what exactly is device abandonment?
In a press release last October, Acme Revival allegedly said an alarming number of customers decided, after receiving their diagnostic and repair quote, that they didn’t want to pay for or pick up their device.
This has turned the company’s repair facilities into “unintended electronic wastelands,” according to the release. It says many of these devices are classified as hazardous waste, while others contain personal data that needs to be purged.
Customers sued by Acme Revival feel differently. Weber, for example, told Denver7 Investigates Florida that since the repairs on his binoculars were unsuccessful, he told the company in an email they could give them away.
But after a 15-day grace period, Acme Revival started charging Weber $25 a day in storage fees. In September, the company filed a claim against Weber with his outstanding balance nearing $5,000.
These fees troubled many other customers, too. On Jan. 31, Denver7 Investigates reported that Jefferson County Judge Keith Goman had dismissed 47 cases against out-of-state defendants. While he said the court doesn’t have jurisdiction in these cases, he also called the storage fee “unconscionable,” particularly since the fees quickly exceed the value of the devices being repaired.
The company’s attorney, Anthony Garcia, told Denver7 Investigates that Acme Revival will probably appeal the cases in district court.
And after receiving dozens of similar complaints from customers, the Better Business Bureau (BBB) initially gave Acme Revival an “F” rating, though the company is currently “Not Rated” as it responds to customers complaints, some of which aren’t related to storage fees.
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Learn MoreBe careful with agreements
Acme Revival has defended its actions by saying the storage fee policy is outlined in the first email that gets sent out to customers and that they agreed to the terms of service. We don’t know the specifics of the placement or language of the email or terms of service, but generally, most people don’t read the fine print — and that’s often by design.
One study by Secure Data Recovery analyzed customer agreements on 100 major websites and found that the fine print on these contracts had an average of 10,835 words and took an average of 54 minutes to read. In addition, some of those contracts used jargon considered “very difficult” based on the Flesch Reading Ease Formula.
Indeed, the Consumer Financial Protection Bureau (CFPB) has recognized this issue by proposing a new rule to stop companies from using contract clauses that erode Americans’ rights by “slipping clauses into take-it-or-leave-it contracts that seek an unfair leg up by attempting to deny individuals the benefits of a free market.”
And according to a 2017 Deloitte survey, a whopping 91% of American consumers accept legal terms and conditions without reading them.
So, before agreeing to any terms of service — even something as seemingly innocuous as repairing your binoculars — you may want to take a closer look. Keep an eye out for any hidden fees or sneaky charges, and look for red flags such as overly complicated language or jargon.
It could be worth searching for customer reviews (while keeping in mind that reviews are subjective), as well as checking out the company’s Better Business Bureau rating. For larger contracts, you may even want a lawyer to go over the contract before singing on the dotted line.
After you sign a contract, or even just start doing business with a company, keep all receipts and a record of all communications with the company (such as email correspondence). In some instances, the wording may be such that you are agreeing to the terms by simply continuing to do business with someone. It’s also worth familiarizing yourself with consumer protection laws so you have an idea of your rights as a consumer.
So, if a company takes extreme measures such as suing you for breach of contract over a ‘storage’ fee, you’ll be in a better position to fight back.
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