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Consumers Grouse about Save By Mail

Company Has Ties to Defunct JD Marvel

By Lisa Wade McCormick
ConsumerAffairs.com

December 13, 2006

Save By Mail Inc. • Consumers Grouse about Save By Mail • JD Marvel Returns as Save By Mail • Consumer Complaints --- • Tips for Shopping by Mail

Long delays. Shoddy merchandise. And no refunds.

Those are the problems consumers nationwide have experienced with a Canadian mail-order company that advertises in newspapers and magazines throughout the United States.

More than 100 consumers have filed complaints about the company with ConsumerAffairs.com in the past year.

Those complaints reveal the company has a pattern of:

• Immediately cashing consumers' checks, but failing to send the merchandise for months;
• In some cases, never sending the merchandise;
• Selling what consumers call shoddy merchandise;
• Selling merchandise that isn't what's advertised;
• Failing to give refunds -- even after consumers return the items.

Save By Mail, Inc. Fails To Send Merchandise

The mail-order company is Save By Mail, Inc., which sells inexpensive merchandise like moccasins, slippers, air support cushions, and magnetic bracelets. Most items cost less than $20.

But many consumers who contacted us -- especially those who are elderly and disabled -- say they can't afford to lose even a few dollars.

"I paid $18.95 for two pair of house shoes in October and I've not received them," says Edna M. of Morrow, Arkansas. "The company cashed my check on October 27. I think this company ought to be punished for ripping people off. My husband is on Social Security and we need every dollar we get."

So does Rose Marie L. of Quail Valley, California. She ordered two magnetic bracelets in May, 2006. The company immediately cashed her $19.95 check, but never sent the bracelets.

"My husband and I are retired (my husband is on disability) and we don't have money to throw away," Rose Marie says. "We don't mind paying for something when we get something in return for our money. But to have our check cashed and not receive our order without a word of explanation from the company is just plain wrong. This company is just taking advantage of people by offering these products at low prices, cashing people's checks and not sending the merchandise that was ordered."

She adds: "I want you to know that you can add my name to the seemingly growing list of consumers that have been scammed by Save By Mail. I might as well have flushed that money down the toilet. It would have had the same result with less aggravation."

Not What's Pictured

Billie B. of Washburn, Missouri, waited several weeks for the two air support cushions she ordered. When they arrived, Billie discovered the cushions didn't look anything like the picture in the ad.

"The picture showed these air support systems were totally big enough to sit in an office chair and in the seat of car," Billie says. "But when we got ours, they wouldn't fit in our car. We have a Kia; that's a small car. It was a real disappointment. The seats in the car are uncomfortable and that's why we bought these cushions."

No Refunds

Billie says she immediately returned the cushions.

"And I know the company received them because I paid extra to get a signature on receipt," she says. "That was on October 13 and I haven't heard anything since. I'm now out $26.50 and I want a refund."

Her family, she says, can't afford to lose any money: "My husband and I are on Social Security. And my husband has had two open heart surgeries."

What's her advice to consumers who might be tempted by Save By Mail's slick ads?

"I'd tell them to run the other way -- as fast as they can -- and hold on to their pocketbooks."

Consumers Finally Get Merchandise After Filing Complaints

We've learned many consumers who filed complaints with ConsumerAffairs.com finally started -- in just the past few weeks -- to receive their merchandise.

"The day after I put my complaint on your Web site, I received my two pairs of moccasins," says Vivian T. of Meadowlands, Minnesota. She paid $18.95 for the shoes. "They're cheap and they're not good quality, but I was lucky to get them at all. I'm on Social Security and I can not afford to have these things happen."

John P. of Carbondale, Pennsylvania, finally has the $13.90 screech owl he ordered in early November.

"It came yesterday," he told ConsumerAffairs.com on December 12. "All of the sudden it came. Now isn't that funny?"

Nola R. of Globe, Arizona, sent the company $25.95 for three pairs of house slippers. She waited more than six months for them to arrive.

"And I finally received them a week or two after I contacted your Web site," she says. "Like most senior citizens, I cannot afford to lose my money to dishonest companies."

"If this is leather, the poor cow must have been awful sickly"

Reena M. of Mexico, Indiana, finally received the red leather suede moccasins she ordered in October. But they're not made of leather -- as advertised.

And the quality is horrible, she says.

"Let me tell you what I got for my hard-earned money. A pair of moccasins that have a string that one does not dare use to tighten them in fear of it breaking. And if this is leather, the poor cow must have had pretty thin skin and been awful sickly. They are sewn together so badly that if it were me selling them, I would be ashamed to do so.

"I feel sorry for the poor people making this product ... probably some kind of sweat factory in China. I'm glad they finally sent them after more than two months. I hope others scammed by this company get something out of it."

Headquartered in Quebec, Canada

Save By Mail, Inc., is headquartered in Quebec, Canada, but it has a post office box in Plattsburgh, New York. That's where consumers send their checks -- and why some might be misled into thinking it's a U.S. company.

Save By Mail also ships consumers' merchandise from the Plattsburgh post office box.

The company's president is Vera Zubenko. We've learned she married to the president of a now-defunct Canadian mail-order company that had a notorious reputation for ripping off thousands of consumers in the United States and Canada.

Ties To Another Mail-Order Company With A Checkered Past

Zubenko's husband is John Dragan, who was president of JD Marvel.

The Canadian Competition Bureau, an independent law enforcement agency in Canada, filed criminal charges on March 14, 2005, against Dragan and JD Marvel for engaging in deceptive marketing practices that targeted Canadian and U.S. residents.

The Competition Bureau also named CDN MailOrder Exchange Inc. (CMOE) in that action. That's another one of Dragan's mail-order companies that also sold low-priced merchandise like magnetic bracelets and "Mini Ear" hearing aids.

The Competition Bureau alleged Dragan and his companies:

• Immediately cashed consumers' checks;
• Failed to deliver the merchandise in the promised two to five weeks advertised;
• In some cases, it failed to deliver products at all;
• Misled consumers about the some of the products sold;
• Primarily targeted senior citizens

The Competition Bureau received 5,700 complaints about Dragan's companies from law enforcement and governmental agencies in Canada and the United States.

The 2005 action marked the second time Canadian officials took action against Dragan. According to the Montreal Mirror, authorities fined Dragan $18,000 in 1994 for false advertising.

That's the same year JD Marvel and another one of Dragan's mail-order company's -- Canadian Mail Order Exchange -- filed for bankruptcy. At the time, the Montreal Mirror reported JD Marvel owed creditors $1,966,000, and Canadian Mail Order Exchange owed $1,656,000 to suppliers and printers.

"We Are Not Trying To Steal From People"

During a recent interview with ConsumerAffairs.com, Zubenko said she runs a legitimate mail-order business. It's not a fly-by-night, rip-off company, she says.

"We are not trying to steal from people. If we wanted to rip-off consumers, we would take the whole slew of checks, cash them, and run off. But we didn't. We're here. We're here to help people as much as we can and we want to solve all their problems."

Zubenko, however, says she can't help consumers who lost money to her husband's company.

"JD Marvel went bankrupt," she says, adding she was a director in that company. "Unfortunately, when a business goes bankrupt people lose money. We took a personal and huge loss.

She adds: "Just because that business went bankrupt, it didn't disallow me to pursue another business. Mail-order is what we do."

Zubenko says consumers should judge Save By Mail by its track record -- not by JD Marvel's.

"I know there were a lot of complaints about JD Marvel," she says. "It's a more complicated story than the few lines that appear on the Internet. I know that it doesn't look good when you read something like that, but you have to be careful because there are two sides to every story.

"JD Marvel grew too quickly. Save By Mail is operating on a much smaller scale."

Save By Mail, she says, has a staff of five people. Her husband is not an officer in the company, but she describes him as a "business partner."

"We're An Old-Fashioned Business In A New-Fangled World"

When asked why it takes so long to fill consumers' orders, Zubenko says: "We're not like L.L. Bean or Lands End. We're an old-fashioned business in a new-fangled world. We have to open all the mail, sort it, get it all ready to key in the system, and then enter into the system. That all takes time. We can't turn around and have an order shipped in two weeks."

Zubenko says her ads clearly state it takes four to six weeks for delivery.

"But we generally ship within 17 days of getting an order. And if it's going to take longer than that we let consumers know," she insisted.

According to The New York State Consumer Protection Board, companies are required -- in most cases -- to ship merchandise within 30 days. The federal Mail Order Merchandise Rule also states that businesses must contact consumers -- and get their consent -- if a shipment will take more than 30 days.

Some consumers, Zubenko says, are simply impatient. And that's why they've filed complaints about her company.

"Here's the problem with this business. We're an old-fashioned mail-order company trying to function in a high tech world. And people want things immediately. It's not that way with us. We're a company that sells low-priced items. Our most expensive item is around $20. It's not cost effective for us to go high tech for this type of business.

"I shipped 100,000 orders last year," she adds. "Those complaints you have are a small percentage of that amount."

Merchandise is Comparable To Other Discount Stores

Zubenko also defends the quality of her merchandise, saying it compares to other discount retailers.

"We sell moccasins for $7.69, bras for two for $10, and seat cushions for $7.69. These are similar quality products that could be found in Wal-Mart for 30 percent more. Our return rate is less than two percent and customers are given 30 days to return merchandise with no questions asked."

What about refunds?

How long does it take the company to issue those?

"It depends," Zubenko says. "It's not like somebody returns an items and a check pops out instantly. We have to do it when we run a batch of checks. But that should be done within a month. And sometimes we move faster if we hear from someone who has a sad story -- like an elderly person. We make exceptions in those cases."

Zubenko insists her company does not prey on the elderly.

Save By Mail, she says, advertises in a variety of newspapers and magazines across the country-not just those geared for senior citizens.

"We Have One Unresolved Complaint"

Zubenko also says her company does an excellent job of resolving consumers' complaints: "We have one unresolved complaint with the Better Business Bureau."

Stephen Cox, vice president of communications for the Council of Better Business Bureaus, confirmed that information. But he also pointed out the company has one complaint "that it chose not to respond to."

Cox says the BBB has received 50 complaints about Save By Mail in the past 12 months. Here is a break-down of those complaints:
• Selling Practices - 7 total - 5 resolved; 2 delayed resolutions;

• Service Issues - 5 total - 5 resolved;
• Credit or Billing Disputes - 1 total; 1 resolved;
• Delivery Issues - 26 total - 24 resolved; 1 unresolved; 1 the company didn't respond;
• Refund Practices - 9 total - 9 resolved;
• Product Quality - 2 total - 1 resolved; 1 the company made every reasonable effort to resolve

As of Dec. 12, ConsumerAffairs.com had received 103 complaints about the company. The complaints have been forwarded to Save By Mail so that Ms. Zubenko can resolve them.

"We Don't Want Unhappy Customers"

Zubenko says consumers who have complaints about Save By Mail should call or e-mail the company. The company's toll-free number is 1-866-771-6245. Its e-mail address is savebymail@bellnet.ca.

Consumers can also write the company at: PO Box 2847, Plattsburgh, NY 12901.

"We don't want unhappy customers," Zubenko says. "If you don't have happy customers you won't stay in business. We're here to help people. We're not some type of scammers or rip-off artists."

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