Misleading advertising HOME DEPOT

As per attached email, I feel that Home Depot should have to at least state somewhere "not exactly as shown" or something to that effect, so that the consumer is aware that the cabinets shownin the pciture(s) are not that exactly of the ones being offered at $99. per linear ft., and that the staff should make sure that the consumer is aware of this, so that this misrepresentation can further be avoided.

I also feel that there are many individuals who have been taken advantage of with this so called "promo" unaware that their choice of size although Mill's Pride cabinets are not being sold to them at the $99. per linear ft. Had I not had my friend with me, who reviewed the quote, I would have not become aware of this.

Cc: Email User; Email User; Email User; Email User

Subject: Please confirm receipt of email: Misrepresentation and misleading advertising by/with Home Depot.

November 16,2006.

Dear Sir/Madame:

As per the attached pictures, this is the page that I viewed in a flyer titled The Home Depot ULTIMATE BATH EVENT dated November 11,2006, delivered in the local newspaper in Kamloops Daily News on or about November 9th, 2006.

I recently purchased a home in Kamloops, B.C. As the kitchen in my home is of an older style and of a totally disfunctional design, when I saw this page with this kitchen, I thought now THIS IS MY KITCHEN! It is nothing too fancy and at a price that I may afford being that my kitchen is not much larger than the "typical" kitchen shown in the flyer. Their example is of a 10' X 10' (20 linear ft) typical kitchen at $99.00 per linear ft. My kitchen is 39 linear feet.

Starting at $99 PER LINEAR FT $1985 Based on a 10'X10' unaccessorized kitchen!!! MILL'S PRIDE Classic Cabinetry, White.

As I checked for the fine print that goes along with the !!! at the bottom of the page it states and I quote: " !!! All Mill's Pride kitchen prices are based on a typical 10' x 10' unaccessorized kitchen comprising one of each of the following cabinets: B12, B15, B18, SB36, BB42, W1230, W1530, W1830, W2430, W3030, WBCK2430, W3018, W3315, A78, A17. Fixtures, appliances, handles, mouldings, countertop, cabinet upgrades (e.g. glass doors), decorative accessories and installation not included."

I looked at the picture and counted the cabinets and the best that I could tell, I found that there were a few more numbers then there were cabinets in the picture however there is a part of the picture on the left hand side that the B.I. Stove is on and I figured that the cabinets under there must be the "extra" numbers.

On or about November 9th, excitedly, I took a piece of graph paper and started measuring the kitchen. Drawing it as carefully as possible I went up to Home Depot at 1020 Hillside Drive, Kamloops, B.C. and went to their Kitchen and Bath Dept, armed with the flyer and my drawing of my kitchen and proposed kitchen design. The promotion included "DON'T PAY UNTIL JANUARY 2008 NO PAYMENTS & NO INTEREST on any Flooring, Paint, Lighting, Kitchen, Bath, Faucet, Door, Window or Window covering Purchase of $450 or more (after taxes) when you use your Hone Depot Consumer Credit Card! See page 19 for details." I did not have a Home Depot Consumer Credit Card however I was sure I could obtain the credit required to purchase my new kitchen. This promotion is from November 9-19, 2006.

I met with a woman by the name of Carmen who was very professional and eager to assist me with my choice of kitchen cabinets. I showed her the picture of it as in their flyer and told her this is what I wanted. We went to work immediately in starting to design on her graph paper the kitchen design I wanted, from my design. She was copying it, as mine had both the current design of my kitchen AND the proposed design on it.

As the design was being redone by Carmen, she realized that my measurement on the one wall was not to the same length as the other opposite wall however my design the walls were even. At this time I made an appointment to see her as I explained I would have to enlist the help of a friend who was a Journeyman Red Seal Carpenter Interprovincial but he was busy today. I made an appointment for the next day after school was out.

My friend and I both went up to Home Depot to meet with Carmen and he had re-done the graph design of the present kitchen to the correct measurements and again we sat with Carmen. Now we were getting somewhere. As we were choosing our cabinet sizes this included as it does in the picture the "EZ reach upper corner cabinet" and the "lazy shaped lower cabinet" and I knew I would have to purchase the lazy susan which was not included in the flyer price of $99 per linear ft. Carmen asked me if I wanted to have "pot drawers" which I was not sure what she meant by that so she showed me and I realized that that was the proper name for the drawers that was in the picture underneath the glass cabinet. Yes, actually I replied I did want those. We continued to work on the size of cabinets and I told her that I wanted in on the flyer deal including the financing so our time was limited, as I also had to order a counter top and the type I wanted was going to be discontinued so I had until Dec 1 to have my order in place. Carmen showed us how the additional space with an 8' bare wall would look nice as a bar with an island and with that idea we went home and decided she was right. Okay we now have a bar with island in the other part of the kitchen that was not in the main kitchen area. Perfect.

We met with Carmen again Saturday afternoon and at that time we decided

to got with Carmens idea. However upon discussion of installation of the countertop, we were told that on the island we could not install this ourselves. That it would be a "special order" and the contracted person who would have to come to our home to make the countertop would also have to install it. Well that did not make sense. That would be like telling Mike Holmes he can not install the countertop on the island due to it being a special order.

As that did not go over well we decided to not have the counter top on the island as a special order but to have it come in three parts and then we could install it ourselves.

Monday November 13th, We met with Carmen to confirm all our choices and the crown molding at which once again I referred to the picture from the flyer that was in a plastic cover hanging the the isle by the moulding. I wanted my kitchen to look as much like that picture as possible! I am sold on it!!

Carmen explained to us that this other staff member whom I believe his name to be Cory would have to do the "20-20" program and pricing. Tues we heard nothing from Home Depot. Yesterday- Wednesday November 15th, we decided to go back to Home Depot as the deadline for the kitchen financing and countertop ordering was fast closing in. We picked up the quote but did not have time left to review much with Carmen. I brought the quote and the "20-20" 3D pictures that Cory had done home with me as I reviewed them. I was stunned to think that this kitchen went from what I felt would run about $3900 to $6369.49 excluding countertop. Something did not add up. To me that sure was not the $99. per linear ft as per their flyer. I was very upset and asked my friend Chester to call Carmen for me. I was far too upset to speak with her at this time.

Chester called and spoke with Carmen. It was at this time that I learnt that all the cabinets chosen were not necessarily of the item numbers that were being offered at that price and of that package.

HOW COULD THIS HAPPEN? HOW COULD THIS BE? I still do not understand! I told Chester to let Carmen know that as I could not meet with her today (Thursday November 16,2006), I would meet with someone within the dept today. She informed Chester that all staff were busy and that she was on a day off on Thursday 16th. I said well if everyone is busy then I will meet with the manager of the dept then. That I was not upset with her but that I wanted what was in the picture and I should be able to have it. The flyer uses the word "typical". The picture to me is that of a typical kitchen. I understand that the glass, counter, crown moulding and all listed is not included. But that does not state anywhere that the picture is not exactly as shown for a typical kitchen. Also I thought the drawers for pots were included, as shown in the picture!

Today, November 16th,2006, at approximately 9:30am, I went to Home Depot and first applied for a credit card so that I could take advantage of this promotion offer. I was immediately granted a temporary card until my permanent card comes in the mail and would have to show the cashier should I choose to use it prior to receiving my permanent card. I then went to the Kitchen and Bath dept and asked to speak with Craig the dept head of Kitchen and Bath. He had just left and no one knew how long he would possibly be gone. As I had to meet my elderly mother today in town to taxi her around, I left my cell number in hopes he would call me suggesting a time I could meet with him. I heard nothing from him.

At approximately 1:30pm, I dropped my mom off at the Aberdeen mall and made a dash to Home Depot to discuss this misrepresentation of the picture vs the numbers listed in the ad. I asked Craig if the picture was that of what they considered to be a "typical" kitchen? He said no. I said well what are these numbers listed here at the bottom of the page? Is there any number here listed, that is shown in the picture as far as cabinets go? He said no. I said how would I know that? I have no idea what these numbers are and for what cabinets. I said then why did they print this picture as part of this ad vs a picture of what they call a typical kitchen showing the numbers for the cupboards that are in the ad? I told him that this is misleading and a misrepresentation of this product! I stated that the Mills Pride cabinets that are shown in the picture and the numbers listed that there is no way a typical shopper such as myself would know that these numbers do not represent the cupboards shown in the picture! That I saw this ad, and this picture is the reason I came in and spent countless hours with Carmen designing my kitchen of which she has been very polite and that this has nothing to do with her personally. I also stated this has nothing personal with you either. I said that I counted the number of "parts numbers" for the cabinets and that the number exceeded the number of cabinets and that I assumed that the cabinets that are not visible in the left hand side of the picture must be holding them. That I have no idea what number represented which cabinet. I stated that I came in because I thought that this picture is that of a typical kitchen and that the Mill's Pride cabinets that are in this promotion is that of the ones shown in the picture.

He stated that Mills Pride chose the picture for the ad and Head Office in Atlanta approved it. I stated that I wanted this kitchen and that I was prepared to fight for it! I wanted to speak to the general manager. He suggested I call Customer Service in Atlanta. I stated that I would like to speak to the General Manager first.

The general manager came down. His name is Craig Howaniec.

I, holding flyer in hand asked him if these cupboards in this picture represented the promotion in the flyer and the numbers listed at the bottom. He said no. I asked him why they would show a picture of a "typical kitchen" then state it is not a typical kitchen and that the corresponding numbers listed which one MUST purchase in order to receive the $99. per linear ft., is not of those shown in the picture? I stated, I have invested far too many hours not to have the cabinets in the kitchen as shown in the picture with this particular promotion. I asked why they did not show a picture of the actual cabinets of which are the $99. per linear ft instead of a picture showing cabinets that are really unrelated to the promotion. And I stated how would I know that these numbers are not those in the picture and part of this promotion? He tried to explain something about Ford and their tires that they also show tires which are not the actual tires they are selling at a sale price. I cut him off as I was not interested in hearing what Ford was or is doing and I do not feel two wrongs make a right.

I stated that I intend to have the corner upper cabinet unit as shown in the picture and the drawers for the pots as shown in the picture at this price and that I intend to fight for it. I asked him for a business card.

He made no gesture of any customer relations suggesting that perhaps I speak with their Atlanta head office regarding this situation or anything. He really did not care if I felt mislead or if I felt that their ad is misrepresentative and misleading. I told him I am prepared to fight for my kitchen!

In all literature including their MAXX kitchen cabinets brochure I happen to pick up while waiting for Craig the Dept head, all kitchens shown in their brochure are of the same in nature and characteristics- to me that of a typical kitchen, with an EZ reach corner cabinet etc.

I really want to know then with the numbers listed what the cabinets are and combined do they "make up" a typical kitchen? If so, unfortunately this was never suggested. The promo ends this Sunday and I think at this time I am now going to be banned from the store, although I did not swear, nor was I rude, nor was I screaming however as I felt and spoke with confidence, that I should be able to have the kitchen cabinets as shown in the picture for the promotion. With this I feel I made the General Manager very uncomfortable as I was firm in speech and not ready to "loose my kitchen". I told him I am going to fight for it.

.

Sincerely,

Tricia Evans

Kamloops, B.C.

I called both Mill's Pride and Home Depot Atlanta Saturday November 18th. Mill's Pride stated that she would take this concern up with their advertising dept.

hollytackett@ millspride.com

Misrepresentation and misleading advertising by/with Home Depot. Sat Nov 18, 2006 2664k

Home Depot Linda Deans after a lengthy discussion asked for a copy of the flyer which I emailed only to receive this response:

Dean, Linda L [none] Sat Nov 18, 2006 7k

Dean, Linda L RE: Misrepresentation and misleading advertising by/with Home Depot. Sat Nov 18, 2006 6k

Subject:

Date: Sat, 18 Nov 2006 20:56:21 -0500

From: "Dean, Linda L" Email User View Contact Details View Contact Details Add Mobile Alert

To: "Tricia" Email User

MY HOME DEPOT E-MAIL ADDRESS NOT ALLOWING ME TO RECEIVE FROM YOU

SORRY.

Sincerely,

Linda Dean

The Home Depot

Customer Complaint Center, Level II

2455 Paces Ferry Road Atlanta, Georgia 30339

Visit us at www.homedepot.com

Call Us 24 Hours a Day / 7 Days a Week at 1-800-553-3199

As a last resort I am going to picket Home Depot when they are having their next Kitchen/ Bath event and see how that goes and let the newspapers know that I am there and why!

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