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Sugar Land man out of $300 after ordering Nintendo Switch on Walmart’s website through third-party vendor

HOUSTON – A Sugar Land man says he is out of hundreds of dollars after ordering a gaming system on Walmart’s website through a third party.

Michael Morrison said his oldest daughter really wanted a Nintendo Switch and purchased the item through Walmart’s website but the vendor was through a third party.

He ordered through VICOS TOYS, where they currently have a 2.5 out of 5 rating and a list of complaints from other buyers, on Nov. 24, 2023.

“When I started looking at the tracking information on there, it kept saying that a label had been generated but it never shipped,” Morrison said. “So, around the 12th of December, I started thinking, ‘Well, it’s not going to get here in time for Christmas.’ So I canceled the order and Walmart immediately credited me the $355. And then I thought I was done.”

However, a few weeks went by when Morrison said FedEx rang his doorbell on Dec. 15 with an envelope that he assumed was gift cards or something for his daughters and he signed for the package. The same day, he received an email from Walmart saying that the Switch was signed for and that the package was received.

When he tore open the package, he said it was nothing they ordered, stating, “Who would send this signature required?”

Morrison said what he received wasn’t the game console he originally ordered and then canceled but a “puppet toy.”

The toy Sugar Land man, Michael Morrison, said he received instead of the game console he ordered online. (Click2Houston)

Morrison said he got an email from Walmart telling him that he had five days to confirm that he didn’t get the Nintendo Switch, or they’ll charge his account.

“They gave me five days, they said that we showed that the package had been delivered and you signed for it,” he said. “If you don’t contact us in five days we’re going to bill your credit card. So, I contact them the same day they said, ‘No, according to our records, you already signed for the package.’”

Morrison’s card was charged $355.

He continued, saying, “‘Cause I signed for something. Took delivery and I have no proof at all that what I got wasn’t what I ordered because I signed for it.”

Morrison said what upsets him, is that the seller is still on Walmart’s site.

“What really makes me angry is that, that seller is still active on Walmart,” he said. “And if you read the reviews, it’s the exact same thing has happened to probably a dozen people.”

When KPRC 2′s Rilwan Balogun asked Morrison why he would order from a seller that had such bad reviews, Morrison said, “They were a five-star seller when I placed the order.”

He continued, “They’re getting all one-star reviews because they’re not shipping them. All of the reviews say the exact same thing. They ordered a Nintendo Switch and got shipped a plastic toy.”

Morrison said he sent Walmart messages and even made a phone call but then realized on the call that he wouldn’t be able to provide any proof of what was said in the phone call so the next time he contacted them was via chat.

“My last chat with them I asked specifically to be transferred to the fraud department and said, ‘this seller is still active,’” he said. “I didn’t even realize I got it from a third-party seller. I just clicked on it because that’s exactly what she wanted, and I clicked on it, placed the order. I didn’t realize it was a third-party seller.”

He now wants Walmart to pull the third-party vendor off its website.

“What’s more frustrating for you?” Balogun asked. “Knowing that you lost close to $400 or that the seller is still on the website?” Morrison answered. “Knowing that they’re still doing it. For me, it’s almost like knowing there’s a pickpocket in the front yard. He got your money, but you want to stop it from happening to someone else. I just can’t stand by letting them do this.”

Morrison said he has filed a police report so he can show proof to his credit card company later.

Balogun attempted to reach out to VICOS TOYS.

“Hi, my name is Rilwan. I’m a reporter with Channel 2 in Houston, Texas. We are recording this call right now. [I] was trying to see how we can go about this,” Balogun said two the person who confirmed they work at VICOS TOYS. “

And they just hung up.

How to avoid sketchy third-party vendors

Balogun also spoke with Cara Carlin with Better Business Bureau of Little Rock, Arkansas.

“The important thing to keep in mind is that Walmart.com is now an open marketplace, much like other websites today, and that means those businesses outside of Walmart’s distribution network can sell on the platform,” Carlin said.

She said you really have to pay close attention to the seller’s information.

“Whatever platform you’re on should have that somewhere on the listing,” Carlin said. “You want to know who you’re purchasing from on any platform. Do your research on that seller as well and then read those reviews on the product and on the seller.”

She said if you do encounter this situation, you’ve already purchased the product, you can contact the retailer -- although there may be a back and forth.

“They may tell you to reach back out to the seller. If you get no response then you’re reaching back out to the larger retailer,” Carlin said. ”Somethings you can do is you can file fraudulent charges with your financial institution, whether it be your credit card or your bank and then you can always try to lodge your complaint with the Better Business Bureau.”

One other piece of advice-- Carlin said to make sure to brush up your knowledge on fake reviews.

“A lot of time what will happen on a listing for a product, it will be inundated with fake reviews, the platform will come in review those reviews, because they’re not legitimate reviews and by then someone has already purchase a product and it’s too late,” Carlin said. “Again, not saying that’s what happened here. Someone could have just purchased a few things and had a good experience and then here come the people that don’t.”


About the Authors
Brittany Taylor headshot

Award-winning journalist, mother, YouTuber, social media guru, millennial, mentor, storyteller, University of Houston alumna and Houston-native.

Rilwan Balogun headshot

Nigerian-born Tennessean, passionate storyteller, cinephile, and coffee addict

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