• Don't fall for this one, guys !

  • Discussion related to everything about model railroading, from layout design and planning, to reviews of related model tools and equipment. Discussion includes O, S, HO, N and Z, as well as narrow gauge topics. Also includes discussion of traditional "toy train" and "collector" topics such as Lionel, American Flyer, Marx, and others. Also includes discussion of outdoor garden railways and live steamers.
Discussion related to everything about model railroading, from layout design and planning, to reviews of related model tools and equipment. Discussion includes O, S, HO, N and Z, as well as narrow gauge topics. Also includes discussion of traditional "toy train" and "collector" topics such as Lionel, American Flyer, Marx, and others. Also includes discussion of outdoor garden railways and live steamers.

Moderators: 3rdrail, stilson4283, Otto Vondrak

  by 3rdrail
 
Well, there it was, sitting in my mailbox- an ominous little letter that I knew could only be trouble. I've been looking over my shoulder ever since I got that unsolicited Hoosac Valley Railroad/Stony Creek & Western DVD in the mail, stealing it without sending in the money without remorse. I have to admit, it was somewhat of a relief, that with looking over my shoulder everywhere I went...down every street, alley, and boulevard at any time of day or night. I grit my teeth and opened the letter (wearing gloves of course). There it was. Says it was from "Great American Layout's" Terry Thompson, but oddly has the logos of three Kalmbach publications on the top of the letter. I could see that the brass knuckles were coming out. They were through with playing around with me. "We need to hear from you about this, Paul.""I'm writing to you about (the DVD...)"[AFTER MONTHS !!!], "This is how the preview works...", that bolding and italicizing of my name really showed me that they meant business. They wanted a pay-off, excuse me, I mean payment of $12.95 forthwith and they weren't takin "no" for an answer. So, before I packed for Panama, I thought that I would consult a knowledgeable postal inspector snitch...4:00 AM down at the usual pier. What's that, I was told ? It may be criminal conduct as it is considered to be anti-trade. I found it interesting that at the bottom of the letter in tiny lettering, it specifies that "this is not an invoice" just below where they ask for "$12.95" ! So now, with the toughness of a GG1 fully sanded and juiced, I'm going to tell them to go pound that sand and take a hike !

FOLKS, IF YOU GET A SIMILIAR LETTER, IT'S ILLEGAL FOR A COMPANY TO SEND YOU AN UNSOLICITED ITEM IN THE MAIL AND THEN DEMAND PAYMENT FOR IT. If you recieve such an item, it's yours to do anything you want with it- keep it, throw it away, turn it into an effigy...you name it ! Where this company probably is skirting the law is that they request payment if you have decided to keep the DVD.(...yeah right, after months, when I'm sure that 80 % can no longer be located !) The company knows this and looking at the way that the letter is written, there is no doubt in my mind that the company is banking on that as well as depending on the nature of the letter and the fact that the letter and time of mailing are so far apart as to induce payment out of pressure. DON'T DO IT ! (unless you want to), you don't owe them anything ! The only time that something like this is allowed is when free samples are mailed as such, and merchandise from a charitable organization soliciting a contribution. Knowledge is power !
source- Title 39 United States Code, Section 3009 Unfair Trade Practices
  by scottychaos
 
I got some similar things from Kalmbach .
I subscribed to Garden Railways magazine about a year ago..all I asked for was the magazine!
they also sent me a nice DVD (that I didnt ask for)
and I think it came with an offer to buy more videos..if I want..which I didn't..so I just kept the first DVD!

and then they sent me a metal coin thing, that I also never asked for,
that says "Model Railroader - Dream Plan Build - video series" on one side,
and an EMD FT on the other side..I just googled for a photo of it..found a page
that discusses the videos and the coins:

http://www.polyweb.com/dans_rr/blog/ind ... rchives/55

its an interesting coin-like thing! kinda cool, and its big! im going to give it to my Niece (who likes trains)
but I dont want any more of them..
it came with an offer to buy more of them..I just ignored it and simply kept the first one, which was free, since I never asked for it.
So I got one free video, and one free coin-thing..I knew I didn't have pay for them, or buy anymore of them..

but everyone might not be so sure they don't have to pay..so this thread is a good "public service"..
I agree the pseudo-fake but confusing invoice for $12.95 is a bit shady..
but what can you do..and 3rd rail is right..if you didn't ask for it, you don't have to pay for it..

Scot
  by RSD15
 
" Trains" magazine also has one. It's called "Coal Train"in the "Railroad Chronicles Series".
I got the bullying letter the other day reminding me "how the preview works:" I don't think they will be getting it back any
time soon as I have know idea where it is.
  by 3rdrail
 
Yup. Kalmbach Publishing seems to be the common denominator. I also subscribe to one of their mags- Classic Toy Trains. I enjoy my CTT, don't get me wrong, but if I continue to see this company treating their customers like this, they'll lose me faster than the 20th Century on fifty miles of straight water level route. Suffice to say, I wonder how many responses they have recieved from guys who have thought, "Crickey, I did get the DVD and now I can't find it to return it !" Obviously a few for this practice to be so widespread. Carstens' Railroad Model Craftsman is a better read anyway. This shows you what you are to them folks. Act in response the next time they come crying to you to bear the added expense of a subscription price hike for the benefit of "our" hobby. We all have the tremendous power of keeping those bills in our wallets. Then you'll see some real crying.
  by ajp31
 
Guys, read the whole letter. Every one includes something along the lines of "Since you did not ask for this DVD, you may consider it a free gift." They aren't demanding anything. They're inviting you to a subscription series. If you don't want in, keep the disc or don't keep the disc, but they certainly won't be "coming after you." Well, not to any greater extent than sending you three or four follow-up mailings that all say the same thing. ;)
  by 3rdrail
 
Yes, you are correct, ajp, mine has that also...all the way at the bottom of the letter where it tears away from the payment/reply form in type that is about 1/2 the size and boldness of the type which is used for the rest of the letter. I'm not suggesting that there is a violation here. What I am suggesting is that it is quite obvious that what I believe is a magazine publisher has taken great length to attempt to make an unsolicited sale and has gone so far as to carefully crossing it's t's and dotting it's i's to make sure that it's within the letter of the law in a very grey area. I stand by the belief that there are individuals out there who got this letter who are being bullied into the false belief that they are under some sort of obligation to pay for this item. The process is exacerbated by the manner in which the letter in composed and the highlighting, wording used, and location and size of disclaimer as mentioned, which mimics one of having come from a collection agency.
  by Backshophoss
 
This is almost a "Bait and Switch" type "deal",but that seems to be way "Marketing" works now a days,would rather get the issues at
the hobby shop anyway. RMC + R&R were victums of subscription scammers the past 2 years.
Didn't think Kalmbach would stoop this low, IT STINKS!