Consumer Alert
11/26/2008



McCollum Urges Consumers to Shop Smart this Holiday Season

TALLAHASSEE, FL – Attorney General Bill McCollum today issued a consumer advisory encouraging Floridians to do their homework before heading out to shop this holiday season. Shoppers can avoid stress, potential scams and overspending by planning in advance and doing some research on any new holiday-related scams and potential pitfalls.

"Florida families will be budget-focused this holiday season, more so than in recent years," said Attorney General McCollum. "Consumers should use sales to their advantage, but be diligent about buying from reputable retailers to avoid scams and post-holiday headaches."

One of the top tips this year is to make a shopping list ahead of time and stick to a budget in order to avoid excessive debt. For consumers to get the most for their money, the Federal Trade Commission recommends the following:


- Read sale ads carefully. Some ads may say "quantities limited," "no rain checks," or "not available at all stores." Call to make sure the item is available.

- Look for price-matching policies. Some merchants will match, or even beat, a competitor’s price.

- Ask about sales adjustments. If you buy an item that goes on sale the next week, can you get a credit or refund?

The Florida Retail Federation also encouraged shoppers to consider shopping locally.

"A good rule of thumb for holiday shopping is to buy from people you know and trust," said Rick McAllister, President and CEO of the Florida Retail Federation. "Be careful when buying from internet firms that do not have a physical store in Florida. Problems can arise with any purchase and it's always easier to solve them with a real person rather than a website."

The Attorney General also encouraged consumers to make savvy decisions if purchasing gift cards this year. Although gift-card spending is expected to decline nearly six percent this year, according to the National Retail Federation gift cards still remain the most requested gift, with nearly 55 percent of respondents in a recent survey saying they’d like to receive a gift card. However, gift card purchases can also lead to problems if consumers are not careful. Shoppers should consider the following when buying or using a gift card:

- Buy gift cards from reputable sources. Avoid buying gift cards from online auction sites as these cards may be stolen or counterfeit or may have been obtained fraudulently.

- Consider the financial condition of the company and whether it has filed for bankruptcy. If the business closes stores, the card recipient may not be able to easily redeem the card. A company that files for bankruptcy may still honor its gift cards, and competitors may also accept the cards. Call the retailer or competitor to find out.

- Inspect the card before buying. Verify that none of the protective stickers have been removed. Ensure that the codes on the back of the card have not been scratched off to reveal a PIN number.

- Give the recipient the original receipt to verify the card’s purchase value in case the card is lost or stolen.

- Ask about purchase exceptions, including any terms of use that may vary regarding a store’s website versus the physical store location.

- Know your rights. Florida law mandates that gift cards issued in Florida will not expire or have any fees that would reduce the value of the gift card.

Complaints about gift cards should first be reported to the retailer or financial institution that issued the card. If the problem can’t be resolved at that level, consumers may want to file a complaint with the appropriate authorities. For cards issued by retailers, consumers may contact the Federal Trade Commission at http://www.ftc.gov or call toll-free: 1-877-FTC-HELP. For cards issued by national banks, consumers may contact the Comptroller of the Currency (OCC) Customer Assistance Group by calling 1-800-613-6743 or sending an e-mail to: customer.assistance@occ.treas.gov. The OCC charters, regulates, and supervises national banks, some of which issue gift cards. Complaints may also be reported to the Attorney General’s Office through the fraud hotline at 1-866-966-7226 or online at http://www.myfloridalegal.com.