Bath has a real-life mystery on its hands. An appliance business that has been operating continuously since 1924 is suddenly shuttered, leaving customers who have paid for their appliances wondering what to do next.
Some of the customers have put a great deal of money down on appliances at Gediman’s Appliance store at Water and Centre streets in Bath, which has been closed for more two and a half weeks now, as has their Lewiston store. A message on Pete Gagnon’s voicemail says that he and his wife Serrene will be “out of the office until Wednesday, the 19th”. The last time Wednesday was the 19th of the month was March, so the voicemail was quite out of date.
But the list of people who are out money or services is growing.
Peter and Serrene Gagnon purchased the shop in 2006. The Attorney General’s office has been unable to reach them, or the stores, despite numerous complaints.
Customers should call the AG’s office for consumer information and mediation service at (800) 436- 2131 to lodge a complaint, or email consumer.mediation@maine.gov. There have been dozens of requests for paperwork, and a few have already been returned. Unfortunately, businesses don’t have to participate in the voluntary mediation program. The business may be in the process of filing for bankruptcy, according to Martha Currier, complaint examiner at the Maine Attorney General’s office. But for most small purchasers, bankruptcy would typically mean that the buyers would have lost everything. Typically, secured creditors — those who hold the mortgage or lien to property or other large-ticket items, such as the appliances delivered to the store by the manufacturers, and delivery vans — are in line first for relief if there is a bankruptcy. But there may be other options, too.
Customers who placed orders on credit cards can apply to have the charge reversed. Visa, MasterCard, American Express and Discover will all do this in most circumstances. Customers should contact their card issuers and begin the process of reversing the charges, if they have not already done so.
The last course of events is to sue in small claims court. It turns out that Gediman’s Appliances, as a corporation, was dissolved administratively in 2009, after it was purchased by the Gagnons, so the owners are most likely civilly liable for damages. The small claims limit is $6,000. If you have $20,000 in claims, the court can only satisfy $6,000. You do not need a lawyer to file a claim in small claims court.
Whether this turns out to be a terrible situation for customers and vendors, or just some misunderstanding, customers who can should take this opportunity now to protect themselves.
Of course, Gediman’s isn’t the only business in this situation, and in some cases, the problem is the data collection itself, not the health of the business. In the last year or two, there have been numerous data breaches at places as diverse as Shaw’s Market, Apple, Target, Home Depot, Amazon and more. While online purchases and in-store purchases using credit cards are fast, convenient, and normally safe, from time to time these methods also fail, and customers’ data is sold to scammers who then use it to open credit card accounts, get Social Security cards, and create false identities.
Regardless of how you buy, or where, the old wisdom about letting the buyer beware is essential in this day and age. As the Gediman’s case shows, even a brick and mortar store that is locally known, with good Better Business ratings, and top-notch customer support, can sometimes fall very quickly, without anyone even knowing what is happening. Being aware of your rights as a consumer in advance of a major purchase will assist you if the worst should happen.
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