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Kmart Complaint - False advertising about Martha Stewart Christmas tree
Complaint
For a couple of weeks I have seen a Kmart commercial about a Christmas tree. I need a new tree this year so I have made it a point in the past few days to really watch the commercial to see if it was what I wanted. I want a prelit, rotating tree. The kmart commercial I am talking about is where the neighbors come to the door wanting this husband and wife to gor Christmas caroling. He tries to get out of going by stating that putting the lights on the Christmas tree will take a long time. Meanwhile, his wife is in the background, plug the tree in, and everything is done in about 3 seconds. Immediately after that, the commercial shows a tree rotating with lights and the information Martha Stewart treem at Kmart for $79.99 Well when I made a special trip with my 2 young kids in tow to the local Kmart in Maryville, TN, do you think I actually could buy what was advertised? Of course not. The prelit, rotating tree was $179.99 No one in the store could help me, of course they hadn't seen the commercial and weren't willing to try to help me. Therefor I called Kmart corporate while standing in the store. The man on the phone seemed to know what I was talking about right away (which makes me think I wasn't the first to call). He said it didn't rotate in the commercial when she plugged it in, which I agreed with and he told me that at the end of the commercial when it was showing it rotating, well that was for "special effect". I told him that was "false advertising" and that part of the commercial should be pulled. That was my last trip to Kmart. Walmart and Target, here I come!!!!!
Comments:
Posted by UrFriendlyPirate on 2006-11-18:
Come on, be real here. They make little kids toys "fly" too, but I doubt there's a tiny pilot inside steering it. Use a little common sense next time.
Posted by Skye on 2006-11-18:
I have also seen that commercial. I don't recall seeing it revolve, but I could swear the commercial said the tree was on sale for 79.99. I am going to K-Mart later, I am going to see what they have for 79.99. It is a very pretty tree, well the one on tv is anyway.
Posted by Nohandle on 2006-11-18:
Pirate, my pet, I know it's difficult to be pleasant..but give it a try. Tonyak, I don't expect Walmart or Target will be any better. All any of them want to do is get the customer in the store. Then, buyer beware.
Posted by UrFriendlyPirate on 2006-11-18:
Nohandle, my pet, all is well, just pointing out the obvious.
Posted by Lidman on 2006-11-18:
Nohandle good comment! Tonyak you can buy the lights for a fraction of the price and make a tree like that for next to nothing. You must remember you are paying for a name and she is a fraud. They do how ever make small ones that do rotate. O and Pirate is short for Scrooge!
Posted by Skye on 2006-11-18:
hi Lidman
Posted by Nohandle on 2006-11-18:
Ah Pirate, you have finally acknowledged my presence. I am delighted beyond word. I certainly hope you, Mrs. Pirate and Pirate, Jr. have a lovely evening. What's in the crock pot tonight? I might invite myself over.
Posted by UrFriendlyPirate on 2006-11-18:
They are at the symphony, I'm busy with paperwork and working on a research article.
Posted by Nohandle on 2006-11-18:
I hate that. I so wanted to see your high tech kitchen. The evening meals over here have been prepared on the very same Bunsen Burner I swiped from high school and I really wanted to see how things are done now. Perhaps next time.
Posted by tonyak on 2006-11-18:
Excuse me Pirate, but no common sense is required here since Kmart does sell a rotating Christmas tree. It's just for $100 more. Which is contrary to the ad. Seems you missed the point. Therefore, I'll explain it to you. Their rotating one is $179.99 not the $79.99 they advertise on tv. Merry Christmas to you!
Posted by UrFriendlyPirate on 2006-11-18:
I don't think they make a rotating tree, but thanks.
Posted by Leela on 2006-11-18:
Why does anyone want a rotating tree???
Posted by tander on 2006-11-18:
To all "my pets" don't shop at K-Mart, if you bought the rotating tree, in a week it would be a no rotating tree. K-Mart sells JUNK!!
Posted by UrFriendlyPirate on 2006-11-18:
I checked their website, the tree doesn't rotate, but the stand does. Interesting.
Posted by DebtorBasher on 2006-11-18:
A heads up to Tonyak...if you look at the ads in the newspapers and you see those Christmas tree advertisements...the gifts they show under them doesn't come with the tree either...just so you won't be disappointed again.
Posted by tonyak on 2006-11-19:
Doesn't anyone read all of a post before they post. KMART DOES SELL A ROTATING TREE!!! Yes they do make them. Rotating trees rotate so you can see all of the ornaments. And the kids like it too. By the way, My sister bought one a couple of years ago. It was from Kmart, it rotates, and actually, it still works.
Posted by tonyak on 2006-11-19:
Also, the stand, the tree, and the lights all come together as one packaged item. Hence, the lights are on the tree, the tree goes in the stand, and then the tree rotates. Thought you might need it spelled out.
Posted by tonyak on 2006-11-19:
Pirate, not a chance!!
Posted by Lidman on 2006-11-19:
tonyak: Good post!
Posted by DebtorBasher on 2006-11-19:
I'm not doubting rotating trees, I've had family memebers who's had them...I'm just saying it's not false advertising because they were advertising the sale of a lighted tree on the commercial...they were not advertising the tree as a rotating tree...although Kmart may sell rotating trees, that was not what the commercial was for and that's not the price it adverstised it for.
Posted by tander on 2006-11-19:
Give the tree another year and I predict it'll be shedding it's needles *LOL*
Posted by DORCAS on 2006-11-20:
Tonyak, it's really frustrating that you have to watch a commercial over and over again just trying to find out the actual item they are selling and all the little *informations* in smallest print possible at the bottem. I've seen the commercial and I don't think it is over the top to think the tree revolves. Unfortunately that's their way to get you in and hopefully but the one for the extra $100.00. It's commen sense to not expect the gifts under the tree to be included but they have to spell it out so people don't sue. But some of the advertising is so subtle that you don't know till you get there. Perhaps you could purchase the prelit tree and try to find a stand in another store that rotates. They do exists I just can't remember where I've seen them. Maybe a Michaels or a store of that type. Do some research via internet before you make another trip with little ones in tow. Good luck.
Posted by rnick821 on 2006-11-20:
Just as a point, I bought one of the K-Mart non-rotating trees from the Martha Stewart collection 2 years ago...Or maybe it was last year...can't remember. Anyway, for the price (I think I paid $69.99 on sale) it's really an awesome tree. I can put it together in about 5 minutes, the lights are already on it, it looks great, etc. Nothing strained my Christmas relations with my wife more than trying to put the lights on our old artifical Christmas tree.
Of course, I'm not excusing K-Mart...although I am sure that their lawyers approved the advertisement long before it hit the airwaves and it is more than likely not false advertisement, it does sound somewhat deceptive, which is never good. 'Tis the season, I guess.
Of course, I'm not excusing K-Mart...although I am sure that their lawyers approved the advertisement long before it hit the airwaves and it is more than likely not false advertisement, it does sound somewhat deceptive, which is never good. 'Tis the season, I guess.
Posted by DebtorBasher on 2006-11-20:
I agree with rnick...and if they would have specifically stated on the commercial that you are getting a pre-lit rotating tree for that price, it's not false advertising. It was a misunderstanding on your part and it happens to everyone...we just move on and learn from it.
Posted by UrFriendlyPirate on 2006-11-20:
I'm afraid I disagree!
Posted by Lidman on 2006-11-20:
False advertising (or more mildly, deceptive advertising) is an act of deliberately misleading a potential client about a product, service or a company in general by reporting false or misrepresenting information or data in advertising or other promotional materials. False advertising is a type of fraud, and may also be considered a hoax.
False advertising is often a crime. In some countries advertising practices (including "truth in advertising") are regulated by a government authority (FTC in the USA), in others the advertising industry is self-regulated and professional associations combat false advertising.
False advertising is often a crime. In some countries advertising practices (including "truth in advertising") are regulated by a government authority (FTC in the USA), in others the advertising industry is self-regulated and professional associations combat false advertising.
Posted by DebtorBasher on 2006-11-20:
Pirate, if you disagree with me, you BETTER be afraid!!! Be VERY afraid!
Posted by DORCAS on 2006-11-21:
Well put Lidman. Anyone remember the "olden days" when commercials had to put brand X in order to compare with the product being sold? I wonder how they get around that these days since they are now able to use brand name against brand name. I know for a fact many of these products do not hold up to what is claimed. I guess there is always some loophole to keep them out of court tho. Sorry to be off the lighted tree subject but I see so much false advertisement anymore that it's a hit and miss when you purchase anything nowadays.
Posted by DebtorBasher on 2006-11-21:
I remember that DORCAS (congrates on your star)...when I used to was cook shows, there was tape across every spice container and every box and bottle they'd use...LOL.
Posted by DebtorBasher on 2006-11-21:
when I used to was cook shows // when I used to WATCH cook shows...
Posted by CaptainSpaulding on 2006-11-21:
Did you hear about the new "O.J. Simpson Talking Christmas Tree" from News Corporation? It just keeps repeating "I don't rotate, but if I did rotate, this is what it would look like..."
Posted by DebtorBasher on 2006-11-21:
LOL!
Posted by DORCAS on 2006-11-21:
Thanks DB. I feel so important now ****
Posted by DebtorBasher on 2006-11-22:
DORCAS, you can now seat yourself at the "Important" people table...LOL.
Posted by Kittencuddler on 2007-10-03:
I bought that rotating prelit christmas tree from kmart, the martha stewart one, it lasted almost 2yrs, half of the lights went out! and just missed the deadline for the warranty!! so they wouldn't take it back!! i have been looking for a rotating prelit christmas tree since then, and NO one has them, I have looked through the whole internet!! if anyone out there knows of a place, please let me know.. I do NOT want to buy just a rotating stand, I want the prelite rotating tree, I LOVED that tree! beautiful!! Thanks... Kittencuddler68@msn.com
Posted by DebtorBasher on 2007-10-03:
I was gonna say I've read this before...yeah...it's the same one from November of last year!
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