So happy to have discovered this group. Just have had an encounter with QVC's high-handed arrogance, and must say their attitude is so deplorable that I am amazed that there are still people falling for their methods (that includes me of course). Is there anybody on this blog who has successfully extricated themselves from the spidersweb spun by QVC. If so, I will be overjoyed to hear from you.
The called me yesterday after 4 years to tell me that my contract was never cancelled even though they told me 4 years ago that the cancellations committee agreed to cancel the deal as I proved to them that I could not afford it. Now they wanted to know if my financial situation hasn't improved as I must either downscale to a lesser amount or I will be blacklisted.
They are still doing the "you've won a car" pitch. I got a call yesterday, 1 April 2009, and even though it was my first call of this sort, and I had, in fact entered a car competition a while back, I was suspicious and googled some of what I heard in the phone call. I landed on all of this stuff so after their follow up call I asked if the "competition" had anything to do with QVC... a moment's silence... "yes"... then I asked them to take my name and number off their database and that I never wanted to hear from them again. I got hung up on mid-sentence.
Thing is, even after all of this bad press it's obviously still happening. It's incredible that this sort of marketing practice isn't illegal yet. Bring on the Consumer Protection Bill!
Linda wrote at 2:43am on February 27th, 2009
The Consumer Protection Bill is also going to open many more cans of worms...
PS: If anyone in Cape Town really wants to win a car, go to the Community Chest Carnival this weekend and buy a raffle ticket for R20. Proceeds go to charity of course. I got my ticket last night, so I am holding thumbs, and if I get called to a presentation it will be FOR REAL.
A number of specific marketing and selling practices are prohibited, including bait marketing, negative options and referral selling.
The bill also regulates loyalty programmes and prohibits offering prizes with the intention of not providing them.
It also bans informing consumers they have won a prize when no competition has been conducted, or they have never entered a competition, or making the prize subject to a previously undisclosed condition payment of any consideration, whether for participating in the competition or for the prize itself.
The consumer protection bill is in it's 3rd draft: http://www.dti.gov.za/ccrdlawreview/DraftConsumerProtectionBill.htm - it will directly outlaw ambush or deceptive marketing. However, I can't believe that a magistrate or judge would have tolerated such practices and voted in favour of any company practising such tactics.
wouldn't it make sense to keep the group open as a case study.. or get all the posts etc. backed up or archived somewhere? this is something that someone - no doubt - would like to refer to at some point in the future.. like they argue in Court.. "in the case of Don vs QVC.. 2008 your honour"..
Trying to shut down this group goes against everything that we worked for. Thats not how the internet works. If you make a stink in this place it lingers. By taking on Donn, QVC basically took on every single South African Blogger. We never saw an apology from QVC. There aint no way we just delete all reference to this QVC saga just because they want us too. grrr
I must say that I would have preferred to see these guys embarrassed in court and having to pay costs but I guess we have lives to live and these hyenas can make one's life a misery....
Linda wrote at 1:32am on January 20th, 2009
A settlement does not create a precedent and is not binding on anybody else.
Jacques wrote at 6:47am on January 19th, 2009
Anyone know the details of what was said in this article? http://www.sundayindependent.co.za/?fArticleId=4798409 Headline is: "Settlement puts bloggers on spot 'Corporate bullying' case could result in self-censorship." from January 18th, 2009 Sunday Independent
Linda wrote at 2:12am on January 16th, 2009
Well said, Brandon. But, THERE IS NO CAR! THE CAR IS (still) A LIE! (Apologies to non-gamers.)
BTW, High Court cases do not lapse. They must be withdrawn or dismissed.
Anyway, I am glad that Donn is happy with the way this has played out.
Quite simply, if they wanted to maintain their reputation, or the semblance thereof, they would have given you the car (as promised), taken pics and used it as a positive marketing spin.
You have settled as you are happy with the outcome and do not want to get caught up in the legal twists which may result there from.
What they do not realise that the bloggers/on-line community is not a single entity but a fraternity of diverse free thinkers who are not scared of voicinig their views. So maybe, as part of the settlement, you are prevented from commenting about their methods for the next 5 years but what they don't realise that there is an entire network of individuals who are free to express their own opinions on this matter.
QVC, you may swept it under the carpet but only for now.
Quite simply, make a promise and stick to it and we may actually voluntarily buy your products. But if you aren't honest don't be surprised if we voice our opinion.
I am pleased that you are happy and that your ordeal is over. I would not liked to have gone through a court case either. I can also respect that you are obviously not able to disclose details of this settlement.
My initial thought was also that they had "won" because they've silenced you - but actually, they haven't.
The damage is done and word is out - and I am sure they have done more damage to their reputation by pursuing this than anyone else could have.
Donn wrote at 7:11am on January 14th, 2009
@Rhett: I asked Andrew to send some more details via email. I hope that's enough. If not then write to me directly.
@Clive: Please bear in mind that I wasn't planning on writing anything further about my QVC experience, since it was 18 months ago. It was a blip on my radar, and not a concerted campaign against the entire timeshare and/or direct marketing industry.
If other bloggers have a bad experience, they can be confident that if they write about it in a responsible manner (at least 2 have done this that I know of) they will not be sued, because it is in the public interest. I don't feel muzzled. I feel relieved and grateful for the support from you guys. Without it I could have given up or felt completely isolated. So this group gave me the confidence not to give up but to defend myself.
So for 5 years they can do what they like - kudos to QVC for an epic muzzling and win
Jacques wrote at 5:23am on January 14th, 2009
Donn, it's your life, but the settlement sounds more like a win win for QVC.
If there were factual problems with your blog post, QVC could simply have been given the opportunity to state their side, or correct any errors, and not gag you for 5 years?
