Franklin Collectors Mint, false advertising.

A word of advice. The sooner that you learn you are in control of, basically, nothing the better. You can only control yourself and that is a project. At least for me it is.

 

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Or unarmed into a battle of wits.

Seriously, you start to make a little progress and increase your credibility, and then this? As somebody who handles complaints for the company I work for, I would either (A) file that letter in the appropriate round file container or (B) have it framed and hang it on my wall so my colleagues can share in the laugh. Understand that the Franklin Mint knows exactly what they're doing when they post these ads. They are no different than any other retailer, just better at wording the marketing copy than some. Their legal department. I'm sure, has a little more experience than you do.

BTW- congratulations on your self appointment as the coin collecting ambassador! I'm sure the vote wasn't even close.

 

There are certain things you never let grandma buy for you for a gift:

1.) Underwear - because grandma seems to think that getting underwear that is 6 sizes to big for you is just right in the long run

2.) Socks - same as number 1

3.) Coins - grandmas don't usually know anything about coins

 

The label is pretty clear on that.

From the ad:





As you can see, both labels clearly state what the item is.

 

You could have caught more flies with honey than the vinegar.

Instead a letter like what you posted, acting you're an attorney, using words like cease and desist, etc.; you might have gotten further with FMC if you have just been more educating in your letter, explain to them who you are, and how you know these are not mis-struck errors as they have advertised them to be.

Here's a sample of what I'm talking about.

Franklin Mint Collections
8 West 40th Street – 14th Floor
New York, NY 10018

Attention: Director of Marketing and Sales

Dear Sir:

Upon a recent visit to your website I discovered two items listed for sale, U.S. Mis-Struck Error Coin Collection, and U.S. State Quarter Mis-Struck Error Coin.

I felt compelled to write you on these two items as I feel that it's quite possible that these are not titled correctly.

I have been an avid numismatist for the past 44 years, and I can tell you that the label of the PCGS holder these items are contained, really do say it all with regards to what these coins are.

The U.S. Mint purposely cancelled those coins out, by causing the waffling effect which you see in each example. A U.S. Mint error coin, is an error in the manufacture of the coin, which is purely unintentional, and the Mint makes every effort to prevent errors from leaving their facility. However, a very small number of them do make it out into circulation, and are highly sought after by collectors as they can attain a high value premium in the numismatic circles.

I would ask that your advertising regarding these pieces be updated so as to not create confusion amongst collectors, especially people who are just getting started with coin collecting.

I thank you for your time and if you wish to discuss this further with me, at your convenience, please feel free to contact me at the above address, phone, or email.

Sincerely,


XXXXX
[h=1][/h]

 

I will admit that threatening with possible legal action was probably not the best way to go, but I thought most of these companies won't do anything unless they feel threatened?

 

And what makes you feel as though you are a credible threat?

 

It all depends.

If I ran a large company, and made a deceiving advertisement, purposely done (I'm 99.99% sure FCM made it this way on purpose), and someone told me "Please change your ad to something more truthful", I would probably chuckle and go about business as usual.

But if someone made a legal threat, which could mean a fine by the FTC, lowering of grade by the BBB, or even a lawsuit, then I would probably change it.

As a whole, shady people or companies won't change anything unless they feel threatened. You have to (legally) put a little fear into them.

 

Remember the golden rule: He who has the gold, rules.

I know it hurts to know that you are the smallest gear in the machine, but you'll have to learn to live with that hurt.

 

You have a lot to learn about the way the business world works, my young friend, a lot to learn.

 

Do you think it would do any good to start a organization for the protection of the coin and paper money collectors?

 

It's like trying to teach a pig to dance. I'm done here.

 

I'm pretty sure the ad wasn't meant to be deception. It was more along the lines of embellishment, aka good marketing. There was nothing deceptive about the ad. These companies do not target the serious coin collector or investor. They are smart enough to know a serious collector would not fall for the hype. And some Franklin Mint stuff has actually increased in value over the years, so you never know.You didn't make a legal threat. What you did do was threaten legal action without any justification as to the reason (your thinking it's deceptive is not justification, merely opinion). You also vaguely passed yourself off as some appointed emissary of the coin collecting world. I'm pretty sure you neither scared, threatened, or intimidated them in the least. As you publicly post this nonsense and they can prove you're making false accusations, you do open yourself up to libel charges. Probably not likely, but possible nonetheless.As far as protecting the public from these thieves and charlatans, do you really think this letter made any difference? Do you really think millions of ill-spent dollars are being saved because of your actions? I find it funny you use the example of the grandmother buying one of these as a gift for a collector grandson or daughter. Just how do you look at these gifts? Do you look to turn your Christmas presents into profit? Or appreciate them for what they are...somebody doing something they think you might like. I cherish any gifts I get, whether I think they are worth the money or not. Someone buying one of these for me tells me that the giver knows I collect, and put some thought (flawed or not) into buying me an appropriate gift. As an example, a couple years ago my son (who by the way, is your age) bought me some stuff for Father's Day. The gift included a $5 silver certificate, some common date Liberty and Buffalo nickels, and some steel cents. None of which I needed for my collection. Someone else at another time got me one of those Lincoln-Kennedy comparison sets (with the cents, halves, and factoids) that we all know is not accurate. It is still in my collection. Why? Because they were gifts. It was the thought that counts, not the value down the road.

 

You mean like, oh let's say, an American Numismatic Association?

 

Detecto i would advise to never ever do that unless you actually have an attorney and lot of money in your pockets, you can get in world of trouble for doing that they can claim that your cease and desist amounts to a threat letter. I know it is fun trying to pay a cyber cop on the internet but know what you are getting into...

 

If the Franklin Mint wanted to confront this threat, I could see someone here having to cough up an awful lot of cash for court costs. And if they wanted to drag it out, it could get very, very expensive.

 

Get back with the forum on this matter when (and if) you receive a reply. By the way, was that 15 Calendar Days or 15 Business Days? When did you send the letter and when did they receive it? (Hopefully is was sent certified so that a dated signature can be entered as evidence)

In all honesty, I really, really want to see how this plays out in the courts as I expect that the Franklin Collectors Mint is going to ignore your Cease and Desist which will then "require" you to follow through with your litigation. Will this be a Class Action or solitary suit? What point of Law will or have you decided to use in order to prove that the Franklin Collectors Mint is using False advertising?

BTW, have or did you consult with your attorney on this matter "before" the letter was sent? If not, then I'm positive that the Franklin Collectors Mint is going to ignore the order as typically, these orders are sent on legal letter head from prestigious Law Firms.

Go get em Detecto!

Maybe you can get millions in some type of settlement which can then be distributed to the harmed parties?

But then, maybe this is gonna cost you some serious money "if it goes south on you"

Whatever, it'll be a great learning experience that I'd really like to observe. Again, go get em!

 

Oh they'll do something.

When they finishing laughing their heads off, they'll toss your letter in the trash.

 

Hmm why are you encouraging such behavior do you realize how much legal trouble he could be in if they take it seriously it reminds of the time when bunch of teens thought i it was a great idea to threaten a gaming company, the parents had to pay tens of thousands in legal fees and teens got probation. IMO Mods it is best to lock this topic...

 

Waffled coins were ones that didn't pass inspection for one reason or another. They, at one time could have been errors that were caugh before leaving the mint and then waffled. So, FCM stating these are errors is not entirely wrong. But the description is misleading people to think the final product is indeed an error on it's own merit. Definitely not worth $50.