J.C. Pennys false advertising, bait and switch, desceptive response Ripoff El Paso Texas

You stated this:

I called and requested to make an appointment for window measurement and was informaed that a non-refundable "deposit" was required before the service would be provided. I explained that I was getting estimates but was told that I had to pay 125.00 for the company to measure my windows.

And now you're stating this:

My complaint is exactly the fact that they did not disclose the "hidden costs" involved with the purchase.

They TOLD UP FRONT-meaning before you committed to anything-which you didn't. Where did it say that they would give a free estimate? Again, you didn't even ask if the estimate went toward the cost of the job. They did no work for you. You were getting other estimates. Again, some companies give free estimates-others don't. The 45% off was for the job had you indeed had the work done-you didn't. If someone else came in with a lower price-you obviously were going to have them do the work and not Penney-which is your prorogative. They took no money from you. They owe you nothing. There is no ripoff or even false advertising.

... to charge a deposit whenever ordering anything custom-made. It's not like they are charging you "extra" or trying to "bait-and-switch" you. The deposit is applied to your total at the time of payment, so you are essentially paying the deposit to yourself anyway! Wake up and smell the coffee. They advertised the product as 45% off, which it was. Just because they did not state that there was a deposit does not automatically mean that there is no deposit. Does a carton of ice cream have to contain a disclaimer that says "warning: product may melt"? Of course not. It is IMPLIED with the purchase of ANY kind of ice cream! Same thing with custom-made items. A deposit is implied because collecting said deposit is common operating procedure for such products. If you don't like it, then purchase pre-made shutters off the shelf and avoid the custom-made variety entirely.

Hello Eric-

No, there was no disclosure in the advertisement regarding the 125.00 non refundable deposit. The advertisement clearly stated that the blinds would be 45% off. What compounded my frustration was the blatant misrepresentation of my conversation with the business manager. She stated that I rudely hung up on her without discussing my complaint. The fact that she would blatantly lie about our prolonged conversation makes me wonder exactly what J.C. Penneys teach their managers about customer service. My complaint is exactly the fact that they did not disclose the "hidden costs" involved with the purchase. Thank you for your positive and constructive input.

Hi Ella.

I can sympathize with you because I know how it feels to find a good deal and then be disappointed when you find out the frustrating truth behind the catch.

However, I was wondering if anywhere on the advertised special did it have the disclosure about the non-refundable $125 estimate/measuring fee. If this fee is a standard charge regardless of customer location and size of job, it is required by law to be disclosed in the ad, even if it is in 5pt. sized fonts.

If this was disclosed, I do not see the problem with their terms since you didn't buy it to begin with. If they didn't disclose it and it is a standard fee with any and every order, then it is misleading.

Unfortunately, even if they did not disclose it on the actual ad, they are still not breaking the law because they are disclosing it to you before you make any decisions or pay for any services. But, it is still rotten marketing because if they disclosed this fee on the ad they know at least half of the would-be buyers would immediately vanish.

Regards,
E.T.

doesn't mean they all do.

Nothing was misleading here nor a ripoff. The 45% is off the job itself should you have chosen to go ahead with it. You could have inquired as to whether the estimate fee would have been applied toward the work also.
You didn't even chose to pay the $125 so they didn't rip you off there either.

As far as the BBB and complaint, that is hearsay at this point so no one can honestly comment on that.

No, I did not expect the service to be free. I work and pay for services just like everyone else. I expected my windows to be measured and an estimate to be provided. I like to be wise about my purchases and not just throw money away. I have purchased custom fit shutters before and no one ever charged for the estimate. EVER. Window measurements are done, and an estimate of cost is provided, allowing you to choose which company will provide the best service.

I expected the same from JC Penneys. They would provide no estimate UNLESS I paid 125.00 non-refundable up front. They could provide poor quality/poor service or I could have found a better deal elsewhere and still my $125.00 would be pocketed by Penneys. Their advertised special was misleading.

Penny's offered made-to-measure blinds at 45% off. That means the blinds are custom-made for your home and no one else's. Why is their non-refundable charge to come out and measure your windows a rip-off? Did you expect them to do this for free? Or did you think that 45% off the price of the merchandise means that everything else is free?

No, you are wrong. I contacted the company the very day the sale was advertised. I then filed a report with the BBB the very day it occurred. The fact is, JC Penneys advertised a 45% off special on Oct 26,2006 which ended on Nov. 1, 2006. I attempted to make my appointment the day that the sell was advertised. I was then asked for $125.00 non-refundable deposit. I complained to the sales clerk Vicki who could not help me and put me on hold for a manager who never came to the phone as she was "out to lunch".

Along with the BBB report I wrote a letter addressed to the Director of the JC Penneys in El Paso, Tx. On Nov. 6, 2006 a sales manager contacted me regarding my complaint and offered to send a different company to measure my windows, BUT they would not honor the 45% discount that was advertised. The advertisement was misleading AND the response given to the BBB by "Sales Manager" Lydia Silva a complete and blatant lie.

I'm missing something.

When they asked for your credit card number to confirm the purchase at the sale price, you asked to speak to a manager instead of signing up for the sale price.

When you finally did get in touch with a manager, the sale was over.

You didn't end up buying anything from them at all.

More details please, so we can better avoid the deception.