Connecticut Tries to Rein In Kirby Sales Teams

Tired of sweeping up all the complaints from consumers about outrageous conduct, Connecticut has reached an agreement with the Kirby vacuum cleaner company and its distributors to clean up their act in Connecticut.

The agreement settles complaints that Kirby and its door-to-door salespeople engaged in aggressive, high pressure sales tactics, perhaps similar to those described by Belinda of Holly Springs, NC, who complained that her 84-year-old grandmother was victimized by Kirby salespeople.

“She asked them repeatedly to go and take the vaccuum with them and they left it in her home. They would not leave. She also told them to call her daughter who is in charge of her finances and this was ignored,” Belinda said. “My 84 year old grandmother who lives alone was preyed upon by these two men who work for Thomas Distributing co. She did not understand that she would have to pay for this vaccuum for 3 years with a finance program.”

Not everyone ends up with an unwanted vacuum cleaner in their home. Some just have a lot of dust and dirt to deal with, like Shirley of LaGrange, GA.

“There were two Kirby vacuum cleaner salesman at my house to demonstrate the Kirby vacuum cleaner. After I decided not to buy the vacuum cleaner, all the dirt that they gathered on the pads, they dumped it back on the floor instead of into the trash can and left. This caused a lot dust and pollen in the air causing us to cough, and have red eyes,” she said.

Law enforcement and consumer agencies advise consumers not to allow any door-to-door solicitor into their home. If an unwanted solicitor refuses to leave, consumers should not hesitate to call 9-1-1 and ask for police help in removing the intruder.

The Kirby problem is nationwide and of long standing but gets little attention from consumer protection agencies, though Connecticut was finally moved to take action. Arizona sued two Kirby distributors in 2004 but there has been little activity since then.

Many complaints

“The great number of complaints from consumers led our agency to conduct an intensive investigation into the business practices of Kirby and its distributors,” Connecticut Consumer Protection Commissioner William M. Rubenstein said. “With this agreement, consumers are protected from improper sales tactics. Importantly, the agreement requires Kirby to provide meaningful disclosures to consumers and to strictly honor time limits on in-home sales demonstrations.”

“I am hopeful these agreements will ensure that the type of complaints consumers made to my office about Kirby’s distributor’s practices are a thing of the past,” said Attorney General George Jepsen. “We will remain vigilant to make sure that consumers are protected from high pressure tactics, and given necessary and accurate information by these companies.”

As set forth in the agreement, Kirby will routinely educate its distributors on the importance of complying with Connecticut laws involving home solicitation, telemarketing and the federal Do Not Call List.

Distributors will be instructed not to engage in “high pressure” sales tactics; to fully and conspicuously disclose material financing terms; to review with each customer the consumer’s three-day right to cancel; and to adhere to similar fair marketing policies.

Kirby will also require its distributors to provide every potential customer with the name and address of the distributor and the name of the salesperson contacting the customer. Before beginning any in-home sales demonstration of its products, salespersons will be required to get a signed permission from the potential customer and provide a copy of that permission to the customer.

In-home sales demonstrations are to be completed within one and one-half hours unless the customer specifically asks for additional time in writing; the customer may terminate the demonstration at any time.

Distributors for Kirby have also signed individual agreements requiring them to adhere to the policies outlined above, including but not limited to facing disciplinary action or termination from the company. In addition, Kirby paid the state $25,000.

Questionable characters

The Kirby Companym headquartered in Cleveland, keeps a low profile although its distributors and salespeople frequently respond to customer complaints to ConsumerAffairs.com. Their responses, however, often do little to improve the company's reputation.

Take, for example, this communique from Michael, a Kirby salesman in San Jose, Calif.: “All of you idiotic homeowners disgust me. You make un-intellectual remarks like we frightened your children or we used up your phone bill. You people make me sick and if i was there now i'd put my Kirby in upright position, attach the leaf blower and cram it so far up your ****** ***** and blow out the few brain cells you people have.

Kirby's website offers product information and a “Find a Distributor” page but has no information about the company's sales policies, code of ethics or consumer protection guarantees.