Complaint Review: FreedomPop

They charged my credit card as if they had the product available to ship. After a week goes by, and I notice that my product has not been shipped, I call them and they state that it may take up to an additional 5-7 weeks for shipment of my order due to the fact that the specific phone ordered was on "back order status". Forgive me if I'm wrong, but isn't this ILLEGAL?! Not to mention, UNETHICAL! Somehow I am made to believe that they knew good and well that they didn't have the ordered phone in stock, yet they were aggressively promoting and selling it (as one of their "promotional products").

RELEVANT LAW: 15 U.S.C. §57a and 5 U.S.C. §552. These sections outline how Direct-To-Consumer sellers must communicate information about back-orders to affected customers.

Rule 435 of the Federal Trade Commission (FTC) deals with Back Orders, and it states that when a merchant sells goods to the public, the merchant must have a “reasonable basis” to believe that the goods sold can be shipped within 30 calendar days of the date the order was submitted.

Plus, to add insult to injury, they charged and sent us a product that we din't even order. So basically we get the prduct that we didn't order (yet paid for), before we get the item that we actually ordered. Finally, just a side note: FreedomPop telephone agents state that they can take orders 7 days a week, but are only able to cancel orders during the week.