Additional Information for Pro Maintenance Supply Inc.

The BBB brought to the businesses attention the pattern of complaints:

1. Businesses receiving "cold" calls to try products as a free sample
2. When consumers refused, several days later, packages were received along with an invoice
3. When consumers called to dispute the bill and return the items, they were told they would be charged a restocking fee of 25%-35%

The company responded and explained that cold calls are made by salespeople and new accounts are created. The products/higher prices were also explained because they are commercial quality products. The restocking fee of 25% within 30 days was confirmed, but, the company at times waives the fee depending on the circumstances.

However, the main objection of the BBB was not addressed. The BBB file experience shows that consumers have filed complaints of receiving a shipment of unauthorized/unordered supplies and being billed for them. The Federal Law prohibits mailing unordered merchandise and then demanding payment. A free gift advertised verbally cannot result in an invoice. The total costs to purchase, receive, or use, and the quantity of, any goods or services that are the subject of the sales offer must be disclosed. Consumers state that no purchase orders are provided. Failure to provide any of the required information truthfully and in a "clear and conspicuous" manner, before the consumers pays for the goods offered violates the TSR (Telemarketing Sales Rule). 

The BBB noted the company's willingness to remove the restocking fee and place businesses on the DNC, but, according to FTC Rule for unordered merchandise, a business can refuse shipments and cannot be charged a restocking fee.