Florida investigating major publisher over sales tactics
Filed under: Consumer Complaints, Buyer Beware
The Florida Attorney General's office is investigating the sales tactics of Rodale Inc., publisher of Men's Health and Prevention magazines, Walletpop.com has learned. To keep private some of what has been obtained by investigators under subpoena, Rodale went to court to block its release.
State lawyers and investigators are looking into "several negative option marketing methods employed by Rodale, including automatic shipments and automatic subscription renewals, and whether the marketing materials for these methods adequately disclose terms and conditions," the Attorney General's office told Walletpop. "We are also investigating whether Rodale sends consumers merchandise that has not been ordered."
Negative option marketing means products, such as books and magazines, are sent to consumers who don't specifically decline them. It is considered a deceptive practice since consumers end up with bills for items they didn't order. The state's investigation has been ongoing for more than a year.
Rodale's marketing has come under fire in the past.
The Better Business Bureau reports receiving 219 complaints in the last year, mostly over selling practices, giving the company a D+ rating.
Rodale maintains its marketing practices are above board.
"We are cooperating with the Florida Attorney General's office on their request for information and have provided relevant materials," said Paul McGinley, Rodale's senior vice presidentand general counsel. "Our practices are compliant with the law. We have had marketing materials reviewed by outside counsel consistently for several years."
McGinley said the company is challenging the Attorney General's office decision to release materials gathered under the subpoenas including customer lists, customer complaints and training manuals. Florida has liberal open records laws that generally permit the release of most documents gathered by the government, including those obtained under subpoena in an economic crimes investigation.
"We have filed a petition with the court to prevent disclosure of the information we submitted to the Attorney General to a third party as we believe the bulk of this information is proprietary and confidential," he said. "Any information that includes customer names is highly sensitive."
You can read Rodale's legal challenge and see the state's subpoenas here.



Reader Comments (Page 1 of 3)
6-11-2009 @ 9:41PM
Diane said...
Ardath Rodale is a friend of mine. Years ago, she turned the company over to new hires/new management. I kept taking the magazine because of my friendship with her; however, then I started getting magazines I didn't order and a delayed bill. When I finally got a book I didn't order, I complained and told the people Ardath was a friend. I got a quick apology, but I think it's sad that the newer people are not adhering to the decent policies she (Ardath) and her husband held when he was alive and running the business.
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6-15-2009 @ 6:51AM
Janet said...
I had the same problem of being overcharged for books. The online ad said $9.99 for each book. When I finally received a bill it ended up costing me about $40.00 per book. I contacted customer service and refused to pay more than $9.99 per book. They harassed me with letters and emails and turned me over to collections. Though I will never again purchase anything from this company, my advice if you do so from an online ad...print the ad for proof.
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6-15-2009 @ 7:03AM
Jan Steinfeld said...
It's about time.....Can someone please give me more info on how I can get involved in this lawsuit....They sent me books that I never even wanted .....I paid for them ...They keep on sending me collection letters...And when I try to call I keep getting sent around into a vicious circle......They are putting me through ****....Never , I say Never will I purchase another book from this company......
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6-15-2009 @ 7:22AM
Anonymous said...
I subscribed to Prevention for one year. I did NOT like the magazine and did not renew. Then one day I get a letter from a "collections" department. With some phone calls I found out that a subscription will be automatically renewed unless you contact the company and tell them no. You will continue to receive bills, which will be sent to collections, even if you do not want the magazine. I told the rep on the phone that this couldn't possibly be legal. So glad to see some action taken against this forced buying.
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6-15-2009 @ 7:31AM
Lynn said...
I have a subsription to the magazine that my daughter gave me for Christmas. That's fine - I will decide later on this year if I want to renew it.
About 2 months ago, I received a book in the mail from them. I knew I hadn't ordered it so I just put it back in the mailbox with return to sender written on it.
I never heard another word about it. If I had opened it I probably would have thought I should keep it and for sure if I wanted to return it I would have had to pay the postage.
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6-15-2009 @ 7:48AM
Brian said...
Lots of magazines have these shady practices. The place I work regularly gets calls from magazines who speak to whoever answers the phone and offers the employee a complimentary or special price magazine subscription stating they are calling on behalf of our company so the employee thinks its ok. then the employee gets a nice bill... special definitely.. usually 100-200$ for an annual subscription that was supposed to be a free offer.
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6-15-2009 @ 8:03AM
Rosa Lee said...
I had the same problems where you had to specifically opt out or you would received items you didn't order. Luckily I realized what had happened and canceled before I was billed. I will not do business with them again. Just as I have not purchased from Time Life for years because of the way their customer service handled my account.
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6-15-2009 @ 8:05AM
sammie said...
I subscribed to a magazine (not any of the above-mentioned) and had a 3 year paid subscription, but they kept sending invoices stating that your subscription will end soon. I tired of receiving this notices and cut out my address label that including the expiration date (2012) and asked why do they continue to send me this nonsense of my subscription ending soon when it shows in black and white it expires in 2012? I requested that they cease to send me these invoices. A couple months later, I received the magazine with a notice stating that this would be the last because the magazine went belly up and that my new subscription would be coming soon -- Ladies Home Journal -- and I wasn't even given an option. So much for magazines. Now I receive many offers with discounted incentives. Even the one here in my own hometown that I USE to subscribe to but it was ridiculously expensive AND very snobish. You know where all these offers go? Yep, in my circular file.
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6-15-2009 @ 8:12AM
Jeannine said...
This deceptive practice has been going on for years. Now magazines want your credit card numbers so that they can just automatically renew it the following year etc. They also send letters that appear to be bills. The elderly are especially susceptible to this and like my mother did, she just paid it thinking she must have ordered it.. Because of these practices I rarely will subscribe to magazines anymore and the couple I do get, I keep a note on my calender as to when it is up for renewal so I can call them to cancel if I so choose.
It needs to be stopped.
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6-15-2009 @ 8:11AM
Nadine said...
I stopped dealing with them long ago. They set you up for what they call "automatic renewal" and charge you three or four times a year.
Good information but not worth the price.
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6-15-2009 @ 8:25AM
Tuka said...
I love seeing this, The company sucks a big one. I have been sent books three times that I didn't order, get bills for them and threatened for payment. I have asked to be remove from their list of accounts, and opted out of their emails a handful of times to no avail.
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6-15-2009 @ 9:03AM
Tuka said...
I love seeing this, The company sucks a big one. I have been sent books three times that I didn't order, get bills for them and threatened for payment. I have asked to be remove from their list of accounts, and opted out of their emails a handful of times to no avail.
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6-15-2009 @ 8:32AM
John N said...
I have just run into simmilar problem with the Wall Street Journal. I had orderd and paid fo a one year subsrciption and then did not renew when my subscition was up. I just got a collection notice for something that I never ordered. Knowing this information I will be able to respond to the collection agency. This type of deceptive practice needs to be stopped. The customer should always be properly notified when a subscription is going to be automaticly renewed unless they cancel. We all know it's a tough world to do business today, but business by deception has no place in it.!!
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6-15-2009 @ 8:33AM
mikey said...
MENS HEALTH MAG DOES SEND THINGS NOT ORDERED..THEY DID IT TOO ME WITH THE OPTION TO SEND BACK..EVEN AFTER SENDING IT BACK IT WAS LATER ADDED TO MY CREDIT REPORT DUE TO NON PAYMENT..THIS COMPANY NEEDS TO PAY FOR THEIR ACTIONS..MENS HEALTH IS A CROCK MAG ANYWAY..WITH MOST HEALTH INFO BEING WRONG ALL THE WAY AROUND. I HATE THEM,,THEY DESERVE TO BE PUNISHED FOR THEIR CHEATING AND FOR PUBLISHING A SUCKY MAGAZINE FULL OF LIES !..
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6-15-2009 @ 8:37AM
shannon said...
I too subscribed to prevention, then decided, I did not want to renew. they sent me a new bill.I called told them no thanks, but they tried to charge me any way. I then called them again, then they listened to me. but wow.glad they did not have my credit card info.
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6-15-2009 @ 8:47AM
Carol said...
I have had this same problem with other magazines. Elle in particular....they did an automated renewal....which I did not want. After several months they sent my name to a collection agency. My valuable time was taken up getting this straight. I have had two other magazines do the same, but they did not send to a collection agency. Something should be done about these magazines that do the renewal without your approval.
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6-15-2009 @ 8:59AM
jstepp said...
THIS IS THE REASON I WILL NOT DO BUSINESS WITH COMPANYS ON LINE OR TV ADDS ETC,
LOOKS LIKE CREDIT CARD COMPANYS ARE HEADING IN THAT DIRECTION ALSO.
ALL CROOKS.
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6-15-2009 @ 9:07AM
marvn webster said...
The BETTER BUSINESS BUREAU received 219 complaints and the company got a D+!? What the hell does a crooked company have to do to EARN an "F?"
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6-15-2009 @ 9:07AM
GWEN ROBLIN said...
I AM SO GLAD TO SEE THAT THE ATTY. GENERAL IS DOING THIS. I DID ORDER AND GET THE BOOKS I WANTED. HOWEVER, WHEN I GOT THE MAGAZINE SALES PITCH, I DECLINED. I GOT THE BOOKS ANYWAY. I WAS NEGLEGENT IN GETTING THEM CANCELED BUT FIGURED THE SUBSCRIPTION WOULD RUN OUT AND THEY WOULD STOP. IMAGINE MY SURPRISE WHEN MY CREDIT CARD SHOWED CHARGES FOR 3 DIFFERENT MAGAZINES AND AT ALMOST $3.00 PER ISSUE. THIS TIME I CALLED TO CANCEL AND THEY EXPLAINED HOW THEY WERE ABLE TO RENEW BECAUSE OF THE "AUTO RENEW" CLAUSE. WELL, I HAD DECLINED IN THE FIRST PLACE. WHEN I CALLED I WAS ALSO TOLD THAT SINCE I HAD RECEIVED MAGAZINES ALREADY ON THIS YEARS SUBSCRIPTION, I WOULD NOT BE CREDITED THE FULL AMOUNT OF THE CHARGE APPLIED TO MY CREDIT CARD.
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6-15-2009 @ 10:49AM
Kady said...
I hope they get put out of business. I subscribed for a year and got all kinds of different bills and wound up paying twenty dollars more than what I should have just to get them off my case. Never again. I don't care how good the magazine is.
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