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East AL, West & Southwest GA

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BBB Accreditation

A BBB Accredited Business since

BBB has determined that Rivertown Ford meets BBB accreditation standards, which include a commitment to make a good faith effort to resolve any consumer complaints. BBB Accredited Businesses pay a fee for accreditation review/monitoring and for support of BBB services to the public.

BBB accreditation does not mean that the business' products or services have been evaluated or endorsed by BBB, or that BBB has made a determination as to the business' product quality or competency in performing services.

Reason for Rating

BBB rating is based on 16 factors. Get the details about the factors considered.

Factors that raised the rating for Rivertown Ford include:

  • Length of time business has been operating.
  • Complaint volume filed with BBB for business of this size.
  • Response to 14 complaint(s) filed against business.
  • Resolution of complaint(s) filed against business.
  • BBB has sufficient background information on this business.


Customer Complaints Summary Read complaint details

14 complaints closed with BBB in last 3 years | 3 closed in last 12 months
Complaint Type Total Closed Complaints
Advertising/Sales Issues 2
Billing/Collection Issues 0
Delivery Issues 1
Guarantee/Warranty Issues 3
Problems with Product/Service 8
Total Closed Complaints 14

Additional Information

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BBB file opened: March 05, 2001 Business started: 01/02/2001 in GA Business started locally: 01/02/2001 Business under new ownership as of: 12/10/2012 Business incorporated: 12/20/1995 in DE
Licensing

This business is in an industry that may require professional licensing, bonding or registration. BBB encourages you to check with the appropriate agency to be certain any requirements are currently being met.

These agencies may include:

Georgia Secretary of State
2 Martin Luther King Jr. Dr.SE, Suite 802, West Tower, Atlanta GA 30334
http://www.sos.state.ga.us/default1024.asp
Fax Number: 404-651-8410

Georgia Secretary of State
2 Martin Luther King Jr. Drive, SE, Suite 315, West Tower, Atlanta GA 30334
http://www.sos.state.ga.us/corporations/

Type of Entity

Corporation

Business Management
Mr. Lloyd Steeves, GM
Contact Information
Principal: Mr. Lloyd Steeves, GM
Business Category

Auto Dealers - New Cars Auto Dealers - Used Cars

Products & Services

Rivertown Ford sells the following brand(s): Ford

Rivertown Ford offers the following product(s): Auto Parts, Auto Repair , Automobiles - New & Used

BBB Program Participation

Military Marketplace
This company is a participant in the BBB's "Military Marketplace Code of Ethics" program.  The program is provided by the Bureau as a specific effort to ensure a "Fair and Honest" marketplace for members of the United States Military and their families. 

Industry Tips
Lemon Law-Georgia New Motor Vehicle New Cars Service Contracts Used Cars-(Georgia) Buyer's Rights

Additional Locations

  • 1680 Whittlesey Rd

    Columbus, GA 31904 (706) 653-7420 (706) 641-6863

  • 1
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Professional AffiliationsX
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Types of Complaints Handled by BBB

BBB handles the following types of complaints between businesses and their customers so long as they are not, or have not been, litigated:

  • Advertising or Sales
  • Billing or Collection
  • Problems with Products or Services
  • Delivery
  • Guarantee or Warranty

We do not handle workplace disputes, discrimination claims or claims about the quality of health or legal services.

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BBB Complaint Process

Your complaint will be forwarded to the business within two business days. The business will be asked to respond within 14 days, and if a response is not received, a second request will be made. You will be notified of the business's response when we receive it (or notified that we received no response). Complaints are usually closed within 30 business days.

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BBB reports on known significant government actions involving business' marketplace conduct.

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BBB Business Reviews are provided solely to assist you in exercising your own best judgment. Information in this BBB Business Review is believed reliable but not guaranteed as to accuracy.

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Additional Phone Numbers

  • (706) 641-6863(Phone)
  • (866) 748-3786(Phone)
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Additional Web Addresses

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Complaint Detail(s)

8/13/2014 Problems with Product/Service
7/25/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: 1. Bottom Line: I was told I would receive a one-time refund of $100.00 from *** (*** works in financing). After multiple voice mails and phone calls with ***, I still have not received the refund.2. In April/May 2014 I took my Ford F150 in for a warranty repair (inoperable driver-rear door lock). The vehicle was under warranty, but I never knew about my $100.00 deductible at the time I purchased the truck. I did sign the warranty (in 2010) but failed to noticed that the salesman checked the "$100.00 deductible block".3. When I complained about this, I was given *** (from financing) to talk about the issue.4. *** reportedly talked to his GM about giving me a one-time refund. I was grateful.5. I never received the refund. *** is liar and low-performing businessman. I called *** at least ten times. Out of those 10 calls, I recall speaking to him only three times and at least three voice mails. I explained to *** that I was moving from Fort Benning, GA and Fort Polk, LA so I wanted confirmation that the refund check was sent before I left my previous residence. *** assured me that the check would arrive.

Desired Settlement: I want Rivertown Ford to provide me the one-time refund that I was promised by Mr. ***.I recommend *** be counseled for his unsatisfactory customer service and lying.

Business Response:

Even though you did not do business with us on your transaction, we believe in doing the right thing.

*** has been repremanded and as a good will gesture  will be contacting ou to get your info so we can get a check out to you.

Thanks,

***** *******

General Manager

Rivertown Ford

BBB's Final Determination: Business offered a resolution. Consumer did not pursue further with BBB and the matter was assumed to be resolved

4/11/2014 Advertising/Sales Issues | Read Complaint Details
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Additional Notes

Complaint: I purchased a 2010 ford f150 lariat 4x4 with a extended warranty and road hazard protection from rivertown ford in January of 2013. The truck only had 58000 miles on it when I bought it. It now has approx 68000 miles on the truck. The truck had a lift and 35" tires when purchased. So I recently had some issues come up with both right side tires where the inside of the tires were punctured. I had the truck towed to a Firestone to get the tires fixed. The truck was there for a couple of days due to the warranty company wanting to send a adjuster out to look at the tires. When the adjuster arrived he immediately notified the warranty company that my truck was lifted and had been modified, not knowing that I bought the truck that way. Well after the adjuster made the phone call to the Easy Care Warranty they call me to inform me that my contract was no longer valid due to the truck being modified. I told the guy that I bought the truck that way. The guy says to me "Looks like somebody owes you some money". So after dealing with the tire issue and getting my truck back. I make my 1st trip to rivertown to see about resolving the issue. One of the sales reps that sold me the truck wrote my info and issue down and said he would call me Monday because it was a Saturday and know one was open. So Monday comes and I recive no phone call. I call Tuesday to find out that I have to get in touch with the finance director. So I call and leave 2 voicemails explaining the issue and receive no call back the next day or day after. So I drive up there to resolve the problem. When I get there they try selling me another warranty. This warranty was a much better 1 too. I asked why that warranty wasn't offered to me when I purchased the truck because i wouldve bought it and he had no explanation. I felt like I was just there to be sold a truck and they really didn't care. After all that I really felt that I was just another sale to them. I have been very nice about it this whole time. I need a warranty on my truck.

Desired Settlement: The warranty that they were trying to sell me is what I want. I want every penny credited back to me from the previous warranty because it should've never been sold to me. I paid over $1600 for that warranty and feel that I should be owed that back.

Business Response:

I have had a chance to reasearch this and have some information and options.  Have left a message for ***** - awaiting his call.

Thank  you

***** *******

General Manager

Rivertown Ford

 

BBB's Final Determination: Business offered a resolution. Consumer did not pursue further with BBB and the matter was assumed to be resolved

8/12/2013 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: On May 31st I took my truck to Rivertown Ford to have it repaired. My truck was stalling out and it would take 10-60 minutes to start back up. The problem happened 3 times over the coarse of 3 weeks. The mechanic at Rivertown found an error code in the computer and worked on my truck to get it to go away. They charged me about $125 for the work. The truck seemed to be running okay, but the gas milage was a little bit lower than usual. On Friday the 8th of June I was driving my truck and had to stop at a stop sign and my truck stalled out again. It took about 5 minutes to start back up and every stop or corner I came to my truck would stall until I finally got to where I was going. This was the same problem that I had before. I was out of town for the weekend so I could get my truck back to the shop until today the 11th of June. I turned my truck in this morning and when I went to pick it up they told me that nothing was wrong and they couldn't do anything for me. As of now I have given Rivertown Ford $125 and my truck still isn't working properly.

Desired Settlement: I would like a refund for the cost of the labor.

Business Response: On June 11th the vehcile was in our shop.  We were unable to duplicate the problem at that time.  Our Service Manager offered for him to leave the truck with us so we could attempt to diagnose the problem.  The customer declined.  We want to solve the problem and make sure the truck is fixed.  We will not refund without duplicating the issue.  If we have the opportunity, we will either make sure the truck is repaired properly, if it is not the same issue or requires more work we will apply what has already been paid to the repair.  If it is duplicated and the customer does not want us to fix it - we will refund then after we confirm the previous repair did not solve the problem

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID *******, and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

The service department has been given the opportunity twice, to duplicate/identify why the truck is stalling.  If, after two whole days, they cannot identify the problem, then it is apparent to me, that they either haven't the resources nor the knowledge, to fix it.  It is simply unreasonable to ask me to keep leaving the truck with them until, if ever, they can identify what the problem is.  I cannot drive a truck that keeps stalling.   Currently, after their two visits to their service department, I'm out my money, my time, I still have a malfunctioning truck.  I would appreciate my money back so that I may go elsewhere to get my truck fixed.  Thank you.

Regards,

***** ******


 

 

Business Response:

I appolgize for the delay as I have been out of town.

 

In order to make sure this customer is taken care of - I recomend a meeting with our Service manager and technicians to determine if the problem is still present.

If the proble still exists - we can get all parties involved to fix it correctly

If the customer had a repair done already and the problem is not happening now - please bring the reciept and repair order describing the work that resolved the issue.

Thank you,

 

***** *******

 

BBB's Final Determination: Business offered a resolution. Consumer did not pursue further with BBB and the matter was assumed to be resolved

7/1/2013 Guarantee/Warranty Issues | Read Complaint Details
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Additional Notes

Complaint: I bought a 2007 Mercedes from river town ford. The next day they were going to fix a shaking problem I noticed in the steering weal going 55-65. brought my car to them, and they broke a bolt on my tire, didn't fix the issue and said my car was good. I caught the worker lying to me and when I told some one they just shrugged it off. 2 days after I bought the car, I had a huge oil leak in my garage. come to find out that the rear main seal on the engine was leaking bad in to a skid plate at the bottom of the engine. I called and asked for them to fix it. 3 weeks after calling and trying to speek to a manager or even have one call me, I had to take it To Mercedes dealership because Ford Refused to Fix it. while there they had 5 Recall Items that were still on the engine, my rear and front rotors and brake pads are bad. and know after 2 months my air suspension is saying malfunction and I cant drive over 50mph. Ford said that it was a certified vehicle and it was not.

Desired Settlement: I had the rear main seal fixed , brakes fixed, front grill fixed, warranty parts replaced and now my suspension is malfunctioning all with in the first week and my suspension after a couple of months? I want to bring the vehicle in, and they pay the 21000 for a vehicle they lied about verbally and in my contract it says Certified

Business Response: Upon researching this, we are dealing with a car that was sold As-is with several signed documents from the customer recognizing this fact.  This is why we offer the option of an extended warranty which this client declined.  We do have empathy and wish all of our customers have a great experience with every car purchased from Rivertown Ford.  We would attempt to assist in trading the vehicle back in based on its actual cash value at this time. 

Business Response:

I have reviewed the deal documents, there is a Federally Mandated warranty form that clearly states the vehicle was sols "As-Is"  This form is signed byt he customer.  There is also a declination form signed where this customer also declined the offering of an extended service contract.

 

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID *******, and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

[Provide details of why you are not satisfied with this resolution.]

Regards,

 

****** *******

 

ARTICLE 6A.  ADMINISTRATION OF FEDERAL UNIFIED CARRIER REGISTRATION ACT OF 2005" (i) The commissioner, and persons he or she designates pursuant to Chapter 2 of Title 35, shall have the authority to perform regulatory compliance inspections under the provisions of Article 5 of Chapter 2 of Title 35 for purposes of determining compliance with laws and regulations, the enforcement and administration of which is the responsibility of the Department of Public Safety."  even know the vehicle was sold "AS IS" then, It still had 5 recall Items on it that were not replaced by the Dealership,  the front 2 tires were 17 lbs  under pressure due to a small leak,  the vehicle was leaking oil in to a catch pan on the bottom of the car,  brakes were shot, plastic parts were held on by zip tie on bumber ( but I did mention that to the company and they took what it would take to fix it from the price so I excepted that)  the ball barring are shot.  they said they would fix the alignment and see if it was the tires if I bought the vehicle and  came in the next day, the electrical system has been shorting out after only drive 600 miles, the air suspension is going crazy again...exc.  Needless to say, that ford "Said"  the vehicle was inspected and when I asked for the inspection sheet, they refused to give it to me.  so according to Georgia law (scroll down) (I was sold vehicle under false pretenses that the vehicle was inspected and safe for the road under Georgia law.  It was not.  From what I understand in the Lexis Nexis,  The vehicle was falsely sold "AS IS" because the I was told the vehicle passed inspection...  It could not have because of the seal alone.  Ask ford ford for the inspection list..... all parts for inspection is covered on that inspection sheet that I had to get off their web sight that was blank.  FORD has endangered  my family and im taking it personally now.   If ford gets away with this and does not take the vehicle back.. Im going to make it so that River Town Ford will be put on the black list for all Soldiers to buy from them.  What they are doing is Thievery, wrong, and Im tired of business like this by bases.
TITLE 10.  COMMERCE AND TRADE  
CHAPTER 1.  SELLING AND OTHER TRADE PRACTICES  
ARTICLE 15.  DECEPTIVE OR UNFAIR PRACTICES  
PART 2.  FAIR BUSINESS PRACTICES ACT


O.C.G.A. § 10-1-393  (2012)


§ 10-1-393.  Unfair or deceptive practices in consumer transactions unlawful; examples 
   (a) Unfair or deceptive acts or practices in the conduct of consumer transactions and consumer acts or practices in trade or commerce are declared unlawful.
(b) By way of illustration only and without limiting the scope of subsection (a) of this Code section, the following practices are declared unlawful:
   (1) Passing off goods or services as those of another;
   (2) Causing actual confusion or actual misunderstanding as to the source, sponsorship, approval, or certification of goods or services;
   (3) Causing actual confusion or actual misunderstanding as to affiliation, connection, or association with or certification by another;
   (4) (A) Using deceptive representations or designations of geographic origin in connection with goods or services. Without limiting the generality of the foregoing, it is specifically declared to be unlawful:

17) Failure to furnish to the buyer of any campground membership or marine membership at the time of purchase a notice to the buyer allowing the buyer seven days to cancel the purchase. The notice shall be on a separate sheet of paper with no other written or pictorial material, in at least ten-point boldface type, double spaced, and shall read as follows:

"Notice to the Buyer
         Please read this form completely and carefully. It contains valuable cancellation rights.
         The buyer or buyers may cancel this transaction at any time prior to 5:00 P.M. of the seventh day following receipt of this notice.
         This cancellation right cannot be waived in any manner by the buyer or buyers.
         Any money paid by the buyer or buyers must be returned by the seller within 30 days of cancellation.
         To cancel, sign this form, and mail by certified mail or statutory overnight delivery, return receipt requested, by 5:00 P.M. of the seventh day following the transaction. Be sure to keep a photocopy of the signed form and your post office receipt.
                              
      Seller's Name
                               
      Address to which cancellation is to be mailed
                               
      I (we) hereby cancel this transaction.
                               
      Buyer's Signature
                               
      Buyer's Signature
                              
      Date
                         
      Printed Name(s) of Buyer(s)
                            
      Street Address
                      
      City, State, ZIP Code"

   (18) Failure of the seller of a campground membership or marine membership to fill in the seller's name and the address to which cancellation notices should be mailed on the form specified in paragraph (17) of this subsection;

   (19) Failure of the seller of a campground membership or marine membership to cancel according to the terms specified in the form described in paragraph (17) of this subsection;
      (20)(A) Representing that moneys provided to or on behalf of a debtor, as defined in Code Section 44-14-162.1 in connection with property used as a dwelling place by said debtor, are a loan if in fact they are used to purchase said property and any such misrepresentation upon which is based the execution of a quitclaim deed or warranty deed by that debtor shall authorize that debtor to bring an action to reform such deed into a deed to secure debt in addition to any other right such debtor may have to cancel the deed pursuant to Code Section 23-2-2, 23-2-60, or any other applicable provision of law.

      (B) Advertising to assist debtors whose loan for property the debtors use as a dwelling place is in default with intent not to assist them as advertised or making false or misleading representations to such a debtor about assisting the debtor in connection with said property.

      (C) Failing to comply with the following provisions in connection with the purchase of property used as a dwelling place by a debtor whose loan for said property is in default and who remains in possession of this property after said purchase:

         (i) A written contract shall be employed by the buyer which shall summarize and incorporate the entire agreement between the parties, a fully completed copy of which shall be furnished to the debtor at the time of its execution. Said contract shall show the date of the transaction and the name and address of the parties; shall state, in plain and bold language, that the subject transaction is a sale; and shall indicate the amount of cash proceeds and the amount of any other financial benefits that the debtor will receive;

         (ii) This contract shall contain a statement in boldface type which complies substantially with the following:
               "The provisions of this agreement have been fully explained to me. I understand that under this agreement I am selling my house to the other undersigned party."
         This statement shall be signed by the debtor and the buyer;

         (iii) If a lease or rental agreement is executed in connection with said sale, it shall set forth the amount of monthly rent and shall state, in plain and bold language, that the debtor may be evicted for failure to pay said rent. Should an option to purchase be included in this lease, it shall state, in plain and bold language, the conditions that must be fulfilled in order to exercise it; and

         (iv) The buyer shall furnish to the seller at the time of closing a notice to the seller allowing the seller ten days to cancel the purchase. This right to cancel shall not limit or otherwise affect the seller's right to cancel pursuant to Code Section 23-2-2, 23-2-60, or any other applicable provision of law. The notice shall serve as the cover sheet to the closing documents. It shall be on a separate sheet of paper with no other written or pictorial material, in at least ten-point boldface type, double spaced, and shall read as follows:


 
"Notice to the Seller
 
            Please read this form completely and carefully. It contains valuable cancellation rights.
            The seller or sellers may cancel this transaction at any time prior to 5:00 P.M. of the tenth day following receipt of this notice.
            This cancellation right cannot be waived in any manner by the seller or sellers.
            Any money paid to the seller or sellers must be returned by the seller within 30 days of cancellation.
            To cancel, sign this form, and return it to the buyer by 5:00 P.M. of the tenth day following the transaction. It is best to mail it by certified mail or statutory overnight delivery, return receipt requested, and to keep a photocopy of the signed form and your post office receipt.
 
 
 

                               
         Buyer's Name
 
 
 

                               
         Address to which cancellation
 
 
 

                               
         is to be returned
 
 
 

         I (we) hereby cancel this transaction.
 
 
 

                               
         Seller's Signature
 
 
 

                               
         Seller's Signature
 
 
 

                               
         Date
 
 
 

                               
         Printed Name(s) of Seller(s)
 
 
 

                               
         Street Address
 
 
 

                               
         City, State, ZIP Code"

      (D) The provisions of subparagraph (C) of this paragraph shall only apply where all three of the following conditions are present:

         (i) A loan on the property used as a dwelling place is in default;

         (ii) The debtor transfers the title to the property by quitclaim deed, limited warranty deed, or general warranty deed; and

         (iii) The debtor remains in possession of the property under a lease or as a tenant at will;

   (21) Advertising a telephone number the prefix of which is 976 and which when called automatically imposes a per-call charge or cost to the consumer, other than a regular charge imposed for long-distance telephone service, unless the advertisement contains the name, address, and telephone number of the person responsible for the advertisement and unless the person's telephone number and the per-call charge is printed in type of the same size as that of the number being advertised;

   (22) Representing, in connection with a vacation, holiday, or an item described by terms of similar meaning, or implying that:

      (A) A person is a winner, has been selected or approved, or is in any other manner involved in a select or special group for receipt of an opportunity or prize, or that a person is entering a contest, sweepstakes, drawing, or other competitive enterprise from which a winner or select group will receive an opportunity or prize, when in fact the enterprise is designed to make contact with prospective customers, or in which all or a substantial number of those entering such competitive enterprise receive the same prize or opportunity; or

      (B) In connection with the types of representations referred to in subparagraph (A) of this paragraph, representing that a vacation, holiday, or an item described by other terms of similar meaning, is being offered, given, awarded, or otherwise distributed unless:

         (i) The item represented includes all transportation, meals, and lodging;

         (ii) The representation specifically describes any transportation, meals, or lodging which is not included; or

         (iii) The representation discloses that a deposit is required to secure a reservation, if that is the case.
   The provisions of this paragraph shall not apply where the party making the representations is in compliance with paragraph (16) of this subsection;

   (23) Except in relation to an activity which is in compliance with paragraph (16) or (22) of this subsection, stating, in writing or by telephone, that a person has won, is the winner of, or will win or receive anything of value, unless the person will receive the prize without obligation;
      (24)(A) Conducting a going-out-of-business sale for more than 90 days.

      (B) After the 90 day time limit in subparagraph (A) of this paragraph has expired, continuing to do business in any manner contrary to any representations which were made regarding the nature of the going-out-of-business sale.

      (C) The prohibitions of this paragraph shall not extend to any of the following:

         (i) Sales for the estate of a decedent by the personal representative or the personal representative's agent, according to law or by the provisions of the will;

         (ii) Sales of property conveyed by security deed, deed of trust, mortgage, or judgment or ordered to be sold according to the deed, mortgage, judgment, or order;

         (iii) Sales of all agricultural produce and livestock arising from the labor of the seller or other labor under the seller's control on or belonging to the seller's real or personal estate and not purchased or sold for speculation;

         (iv) All sales under legal process;

         (v) Sales by a pawnbroker or loan company which is selling or offering for sale unredeemed pledges of chattels as provided by law; or

         (vi) Sales of automobiles by an auctioneer licensed under the laws of the State of Georgia;

   (25) The issuance of a check or draft by a lender in connection with a real estate transaction in violation of Code Section 44-14-13;

   (26) With respect to any individual or facility providing personal care services or assisted living care:

      (A) Any person or entity not duly licensed or registered as a personal care home or assisted living community formally or informally offering, advertising to, or soliciting the public for residents or referrals; or

      (B) Any personal care home, as defined in subsection (a) of Code Section 31-7-12, or any assisted living community, as defined in Code Section 31-7-12.2, offering, advertising, or soliciting the public to provide services:

         (i) Which are outside the scope of personal care services or assisted living care, respectively; and

         (ii) For which it has not been specifically authorized.

Nothing in this subparagraph prohibits advertising by a personal care home or assisted living community for services authorized by the Department of Community Health under a waiver or variance pursuant to subsection (b) of Code Section 31-2-7.

For purposes of this paragraph, "personal care" means protective care and watchful oversight of a resident who needs a watchful environment but who does not have an illness, injury, or disability which requires chronic or convalescent care including medical and nursing services, and "assisted living care" includes services provided for in Code Section 31-7-12.2. The provisions of this paragraph shall be enforced following consultation with the Department of Community Health which shall retain primary responsibility for issues relating to licensure of any individual or facility providing personal care services;

   (27) Mailing any notice, notification, or similar statement to any consumer regarding winning or receiving any prize in a promotion, and the envelope or other enclosure for the notice fails to conspicuously identify on its face that the contents of the envelope or other enclosure is a commercial solicitation and, if there is an element of chance in winning a prize, the odds of winning as "odds";

   (28) Any violation of the rules and regulations promulgated by the Department of Driver Services pursuant to subsection (e) of Code Section 40-5-83 which relates to the consumer transactions and business practices of DUI Alcohol or Drug Use Risk Reduction Programs, except that the Department of Driver Services shall retain primary jurisdiction over such complaints;

   (29) With respect to any consumer reporting agency:

      (A) Any person who knowingly and willfully obtains information relative to a consumer from a consumer reporting agency under false pretenses shall be guilty of a misdemeanor;

      (B) Any officer or employee of a consumer reporting agency who knowingly and willfully provides information concerning an individual from the agency's files to a person not authorized to receive that information shall be guilty of a misdemeanor; and

      (C) Each consumer reporting agency which compiles and maintains files on consumers on a nation-wide basis shall furnish to any consumer who has provided appropriate verification of his or her identity two complete consumer reports per calendar year, upon request and without charge;

   (29.1) With respect to any credit card issuer:

      (A) A credit card issuer who mails an unsolicited offer or solicitation to apply for a credit card and who receives by mail a completed application in response to the solicitation which lists an address that is not substantially the same as the address on the solicitation may not issue a credit card based on that application until steps have been taken to verify the applicant's valid address to the same extent required by regulations prescribed pursuant to subsection (l) of 31 U.S.C. Section 5318. Any person who violates this paragraph commits an unlawful practice within the meaning of this Code section; and

      (B) Notwithstanding subparagraph (A) of this paragraph, a credit card issuer, upon receiving an application, may issue a credit card to a consumer or commercial customer with whom it already has a business relationship provided the address to which the card is mailed is a valid address based upon information in the records of the credit card issuer or its affiliates;

   (30) With respect to any individual or facility providing home health services:

      (A) For any person or entity not duly licensed by the Department of Community Health as a home health agency to regularly hold itself out as a home health agency; or

      (B) For any person or entity not duly licensed by the Department of Community Health as a home health agency to utilize the words "home health" or "home health services" in any manner including but not limited to advertisements, brochures, or letters. Unless otherwise prohibited by law, nothing in this subparagraph shall be construed to prohibit persons or entities from using the words "home health" or "home health services" in conjunction with the words "equipment," "durable medical equipment," "pharmacy," "pharmaceutical services," "prescription medications," "infusion therapy," or "supplies" in any manner including but not limited to advertisements, brochures, or letters. An unlicensed person or entity may advertise under the category "home health services" in any advertising publication which divides its advertisements into categories, provided that:

         (i) The advertisement is not placed in the category with the intent to mislead or deceive;

         (ii) The use of the advertisement in the category is not part of an unfair or deceptive practice; and

         (iii) The advertisement is not otherwise unfair, deceptive, or misleading.
   For purposes of this paragraph, the term "home health agency" shall have the same definition as contained in Code Section 31-7-150, as now or hereafter amended. The provisions of this paragraph shall be enforced by the administrator in consultation with the Department of Community Health; provided, however, that the administrator shall not have any responsibility for matters or functions related to the licensure of home health agencies;

   (30.1) Failing to comply with the following provisions in connection with a contract for health care services between a physician and an insurer which offers a health benefit plan under which such physician provides health care services to enrollees:

      (A) As used in this paragraph, the term:

         (i) "Enrollee" means an individual who has elected to contract for or participate in a health benefit plan for that individual or for that individual and that individual's eligible dependents and includes that enrollee's eligible dependents.

         (ii) "Health benefit plan" means any hospital or medical insurance policy or certificate, health care plan contract or certificate, qualified higher deductible health plan, health maintenance organization subscriber contract, any health benefit plan established pursuant to Article 1 of Chapter 18 of Title 45, or any managed care plan.

         (iii) "Insurer" means a corporation or other entity which is licensed or otherwise authorized to offer a health benefit plan in this state.

         (iv) "Patient" means a person who seeks or receives health care services under a health benefit plan.

         (v) "Physician" means a person licensed to practice medicine under Article 2 of Chapter 34 of Title 43.

      (B) Every contract between a physician and an insurer which offers a health benefit plan under which that physician provides health care services shall be in writing and shall state the obligations of the parties with respect to charges and fees for services covered under that plan when provided by that physician to enrollees under that plan. Neither the insurer which provides that plan nor the enrollee under that plan shall be liable for any amount which exceeds the obligations so established for such covered services.

      (C) Neither the physician nor a representative thereof shall intentionally collect or attempt to collect from an enrollee any obligations with respect to charges and fees for which the enrollee is not liable and neither such physician nor a representative thereof may maintain any action at law against such enrollee to collect any such obligations.

      (D) The provisions of this paragraph shall not apply to the amount of any deductible or copayment which is not covered by the health benefit plan.

      (E) This paragraph shall apply to only such health benefit plan contracts issued, delivered, issued for delivery, or renewed in this state on or after July 2, 2001;

   (31) With respect to telemarketing sales:

      (A) For any seller or telemarketer to use any part of an electronic record to attempt to induce payment or attempt collection of any payment that the seller or telemarketer claims is due and owing to it pursuant to a telephone conversation or series of telephone conversations with a residential subscriber. Nothing in this paragraph shall be construed to:

         (i) Prohibit the seller or telemarketer from introducing, as evidence in any court proceeding to attempt collection of any payment that the seller or telemarketer claims is due and owing to it pursuant to a telephone conversation or series of telephone conversations with a residential subscriber, an electronic record of the entirety of such telephone conversation or series of telephone conversations; or

         (ii) Expand the permissible use of an electronic record made pursuant to 16 C.F.R. Part 310.3(a)(3), the Federal Telemarketing Sales Rule.

      (B) For purposes of this paragraph, the term:

         (i) "Covered communication" means any unsolicited telephone call or telephone call arising from an unsolicited telephone call.

         (ii) "Electronic record" means any recording by electronic device of, in part or in its entirety, a telephone conversation or series of telephone conversations with a residential subscriber that is initiated by a seller or telemarketer in order to induce the purchase of goods, services, or property. This term shall include, without limitation, any subsequent telephone conversations in which the seller or telemarketer attempts to verify any alleged agreement in a previous conversation or previous conversations.

         (iii) "Residential subscriber" means any person who has subscribed to residential phone service from a local exchange company or the other persons living or residing with such person.

         (iv) "Seller or telemarketer" means any person or entity making a covered communication to a residential subscriber for the purpose of inducing the purchase of goods, services, or property by such subscriber. This term shall include, without limitation, any agent of the seller or telemarketer, whether for purposes of conducting calls to induce the purchase, for purposes of verifying any calls to induce the purchase, or for purposes of attempting to collect on any payment under the purchase;

   (32) Selling, marketing, promoting, advertising, providing, or distributing any card or other purchasing mechanism or device that is not insurance or evidence of insurance coverage and that purports to offer or provide discounts or access to discounts on purchases of health care goods or services from providers of the same or making any representation or statement that purports to offer or provide discounts or access to discounts on purchases of health care goods or services from providers of the same, when:

      (A) Such card or other purchasing mechanism or device does not contain a notice expressly and prominently providing in boldface type that such discounts are not insurance; or

      (B) Such discounts or access to such discounts are not specifically authorized under a separate contract with a provider of health care goods or services to which such discounts are purported to be applicable;
      (33)(A) For any person, firm, partnership, association, or corporation to issue a gift certificate, store gift card, or general use gift card without:

         (i) Including the terms of the gift certificate, store gift card, or general use gift card in the packaging which accompanies the certificate or card at the time of purchase, as well as making such terms available upon request; and

         (ii) Conspicuously printing the expiration date, if applicable, on the certificate or card and conspicuously printing the amount of any dormancy or nonuse fees on:

            (I) The certificate or card; or

            (II) A sticker affixed to the certificate or card.

            A gift certificate, store gift card, or general use gift card shall be valid in accordance with its terms in exchange for merchandise or services.

      (B) As used in this paragraph, the term:

         (i) "General use gift card" means a plastic card or other electronic payment device which is usable at multiple, unaffiliated merchants or service providers; is issued in an amount which amount may or may not be, at the option of the issuer, increased in value or reloaded if requested by the holder; is purchased or loaded on a prepaid basis by a consumer; and is honored upon presentation by merchants for goods or services.

         (ii) "Gift certificate" means a written promise that is usable at a single merchant or an affiliated group of merchants that share the same name, mark, or logo; is issued in a specified amount and cannot be increased in value on the face thereof; is purchased on a prepaid basis by a consumer in exchange for payment; and is honored upon presentation for goods or services by such single merchant or affiliated group of merchants that share the same name, mark, or logo.

         (iii) "Store gift card" means a plastic card or other electronic payment device which is usable at a single merchant or an affiliated group of merchants that share the same name, mark, or logo; is issued in a specified amount and may or may not be increased in value or reloaded; is purchased on a prepaid basis by a consumer in exchange for payment; and is honored upon presentation for goods or services by such single merchant or affiliated group of merchants that share the same name, mark, or logo; and

   (34) For any person, firm, partnership, business, association, or corporation to willfully and knowingly accept or use an individual taxpayer identification number issued by the Internal Revenue Service for fraudulent purposes and in violation of federal law.

(c) A seller may not by contract, agreement, or otherwise limit the operation of this part notwithstanding any other provision of law.

(d) (1) Notwithstanding any other provision of the law to the contrary, the names, addresses, telephone numbers, social security numbers, or any other information which could reasonably serve to identify any person making a complaint about unfair or deceptive acts or practices shall be confidential. However, the complaining party may consent to public release of his or her identity by giving such consent expressly, affirmatively, and directly to the administrator or administrator's employees.

   (2) Nothing contained in this subsection shall be construed:

      (A) To prevent the administrator from disclosing the complainant's identity if the administrator believes that disclosure will aid in resolution of the complaint;

      (B) To prohibit any valid discovery under the relevant discovery rules; or

      (C) To prohibit the lawful subpoena of such information.


BBB's Final Determination: After reviewing the position of all parties, BBB determined that the business made a reasonable effort to address the complaint. However the consumer remains dissatisfied.

4/17/2013 Guarantee/Warranty Issues
4/12/2013 Delivery Issues
4/12/2013 Problems with Product/Service
4/1/2013 Problems with Product/Service
8/20/2012 Advertising/Sales Issues
6/12/2012 Problems with Product/Service
5/1/2012 Problems with Product/Service
11/8/2011 Guarantee/Warranty Issues
10/26/2011 Problems with Product/Service
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