Ten-year-old deal comes back to haunt Big Sandy

Published 12:00 am Thursday, May 8, 2003

While shopping for furniture in 1992, Joyce Lawson's decision was made easier when she found out she would receive half of her money back 10 years later.

More than a decade later, though, the Pedro resident is wondering where her $1,462.35 is -- or if she will get it at all.

When Lawson purchased furniture on two separate occasions, Nov. 13, 1992, and Dec. 10, 2002, Big Sandy Superstore was running a promotion promising 50 percent of the customer's purchase price back if the customer submitted a certificate to a company called 50% Cash Back 10 years after the purchase.

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The claims administration services department of 50% Cash Back wrote a letter to Lawson's husband, Kenneth, stating that before the promotion was offered, the administering company attempted to determine the approximate claim rate that could be expected in 10 years. To be conservative, the company decided to increase the expected claim rate, and increased cash reserves to do this, according to the letter.

However, even the higher claim rate for which cash reserves were provided has turned out to be insufficient, and sufficient funds to fully pay every claim is not available, according to the company.

50% Cash Back has a White Plains, N.Y., address on the letter, but does not appear in telephone listings. Neither does Cash Back Programs Inc., the name listed in Lawson's letter under the c/o portion of 50% Cash Back's mailing address.

When the 10th Anniversary of her purchase arrived, Lawson mailed out her certificates. She later received a request for more personal information, such as a photocopy of her husband's driver's license. She mailed this in as well.

On April 24, Big Sandy Superstore sent a letter to Lawson, signed by President John C. Stewart Jr., apologizing to those who have been inconvenienced by the promotion.

In this letter, Stewart claims that Big Sandy paid Cash Back Programs Inc. in excess of $300,000 in premiums at the time of the rebate offer. However, customers' signatures on the rebate's application form and certificate form contractually obligated customers to 50% Cash Back Inc.

Big Sandy's efforts to pursue further recourse with 50% Cash Back Inc. on behalf of its customers have proven futile, Stewart wrote.

Program underwriters based premiums on actuarial numbers and re-insurance equal to double the projections of the rebate claims, the letter continues. Financial services company G.E. Capital calculated the actuarial numbers and re-insurance was purchased through Zurich Insurance Company. The program was also reviewed by the U.S. Securities and Exchange Commission 11 years ago, Stewart wrote.

Lawson's letter from 50% Cash Back reads that her claim will be paid without further action on her part sometime in the summer of 2003 because the company must allow the claim time period to expire for all customers who are valid participants in the program. Once that period expires, 50% Cash Back will make a pro-rata payment to everyone.

"We cannot estimate what pro rata distribution you will receive, all we can say for sure is that it will be something less than 100 percent. This is the best we can do," 50% Cash Back's letter reads.

Stewart's letter also states that Big Sandy Superstore is also a victim in the association with 50% Cash Back.

When customers receive the pro-rated check from 50% Cash Back Inc., if they sign over their checks to Big Sandy Superstore, the company will give the customers the total face value of the certificate as an in-store furniture credit, according to Stewart's letter.

However, this is not what Lawson wanted.

"Really, I wanted the money. I don't need any furniture right now," she said.

At this time, the Ohio Attorney General's office has not received any complaints about this incident. However, this could change.

Charlie Fulton, an attorney in the West Virginia Attorney General's Office said her office has received 29 written complaints about the Big Sandy promotion. Two complaints against the company have been filed at the Kentucky Attorney General's Office, Brian Wright, office spokesman said. As far as he knows, they concern this promotion, he said.

Several variables such as the company's willingness to work with a customer are taken into consideration, said Michelle Gatchell, a spokeswoman for Ohio Attorney General Jim Petro. However, if a customer has a written contract with a company promising money they do not receive, this is considered an unconstitutional act under the Ohio Consumer Sales Practices Act. A printed advertisement can also be used as evidence, she said.

Gatchell said if customers believe they have been wronged, they can file complaints with the attorney general by calling 1-800-282-0515 or fill out a complaint form online at www.ag.state.oh.us.

John Stewart, co-owner of Big Sandy Superstores did not immediately return calls or e-mails made to his office.