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Report: #1137180

Complaint Review: Priority One Clearing Services, Inc. - - Clearwater, Florida

  • Submitted:
  • Updated:
  • Reported By: I-CAN-COMPLAIN — Tallahassee Florida
  • Author Not Confirmed What's this?
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  • Priority One Clearing Services, Inc. - 1151 NE Cleveland St. Clearwater, , Florida USA

Priority One Clearing Services, Inc. - Third Party Magazine Seller/Processor without an authentication process to verify that subscription was valid/legal. - Clearwater, Florida

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Received via USPS "Outside" magazine that we did not order, solicit, or authorize in any manner.  Called Outside's Subscriber Services (800-678-1131) and was told that they could not cancel the subscription because it had been placed by a third party - Priority One Clearing Services, Inc. (727-443-2200) who does not answer their phone.  Checked our credit cards and bank account and have not been billed yet.

The received address that this magazine came to is NOT our mailing address.  We use caller-ID and voice-mail on our phones and NEVER accept or call back unknown numbers.  We look up all unknown numbers to see if they are scam calls and find most are fraudulent. We shred all unsolicited mail without opening first. 

All items with our names and addresses are shredded before disposal.  We do not allow nor participate in door-to-door sales pitches, surveys, sweepstakes, and etc.  All magazines we receive are ordered and paid for on the magazine's secure website.  We work in the IT industry and understand that personal information provided to the wrong source can be used for illegal purposes.

Any reputable publication will allow you to cancel an unauthorized subscription by calling them directly or by using their secure website.  "Outside" magazine did not do so.

The United States Postal Service (USPS) Inspectors website (https://postalinspectors.uspis.gov/investigations/MailFraud/fraudschemes/othertypes/UnsolicitedFraud.aspx) states that it is illegal to send merchandise to someone, unless that person has previously ordered or requested it.

These rules are codified in Title 39, United States Code, Section 3009. That section of the Postal Reorganization Act of 1970 incorporates these protections for American consumers and makes the mailing of unordered merchandise unfair methods of competition and unfair trade practices under the law.

Furthermore, it is illegal for a company that sends you unordered merchandise to follow the mailing with a bill or dunning communication.

If you are aware of violations of the federal law prohibiting the mailing of unordered merchandise, or if you have personally had difficulty with such items - especially if you are sent statements demanding payment for the merchandise - you should contact your local postmaster or the nearest Postal Inspector at (877-876-2455).

Below is the State of Florida's Consumer Protection FAQ (http://myfloridalegal.com/pages.nsf/main/cc08c6e2fa43fdf285256cc90060ae57!OpenDocument):
 
How to Protect Yourself: Unordered Merchandise
Source: The Florida Attorney General's Office

What are your rights and obligations when you receive merchandise through the mail that you did not order?

You have a legal right to consider it a free gift if a seller sends you any merchandise you did not order.
You are not required to return it and may keep it if you wish.

You have no obligation to notify the seller that you will keep the merchandise, but sending a letter stating your intention to keep the shipment as a free gift is an advisable precaution, which will help you establish later, if necessary, that you did not order the merchandise. You may wish to send the letter by certified mail and keep the return receipt and a copy of the letter. If you ever receive a bill or a letter saying you owe money for unordered merchandise, you can use the same approach, stating in your letter to the company that you never ordered the merchandise, and therefore have a legal right to keep it for free.

If you believe that the unordered merchandise is the result of an honest shipping error, contact the seller and offer to return the merchandise provided the seller pays for postage and handling.  Give the seller a specific and reasonable amount of time, perhaps 30 days, in which to pick up the merchandise or arrange to have it returned at no expense to you. Inform the seller that after the specified period of time, you reserve the right to keep the merchandise or to dispose of it as you wish.

Shippers may send merchandise to you which you have not ordered if the merchandise is a free sample and marked as such. Address labels, decorative stamps and other merchandise mailed by charitable organizations asking for contributions may also legally be sent to you without your prior order. In either case, you may keep such shipments as free gifts.

Be especially cautious when you are participating in sweepstakes, or ordering goods advertised as "free," or "trial" or at an unusually low price.  Read the fine print to determine if you will be required to make purchases in the future, or to notify the shipper that you do not wish to purchase the merchandise, or continue with the "trial" arrangement. Keep a record of each product you agree to receive on a "free" or "trial" basis, and what your obligations are by doing so.

If you are having difficulty dealing with unordered merchandise problems, attempt to resolve the problem with the company.

If you are unsuccessful, you my contact your local U.S. Postal Inspector, the Division of Consumer Services, Mayo Building, Tallahassee, Florida 32399-0800, 1-800-435-7352, the Better Business Bureau in your area, the Direct Marketing Association, 6 East 43rd Street, New York, New York 10017, or the Federal Trade Commission, Correspondence Branch, Washington, D.C. 20580.

This report was posted on Ripoff Report on 04/08/2014 08:19 AM and is a permanent record located here: https://www.ripoffreport.com/report/priority-clearing-services/clearwater-florida-third-1137180. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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