GLADSTONE, Mo. — A few years ago, Brian McMillan, 74, found his retirement passion project: making toys for local children in need.
“I absolutely love doing it,” McMillan said. “My two grandsons are too old to play with these things now, but that’s OK. I have many, many grandsons now.”
After ICE detention center debacle, Port KC votes to cut ties with Platform Ventures
McMillan turned his garage into a workshop equipped with plywood, machinery and paint. He spent the winter making toy cars, rowboats, articulated trucks, each with a wooden heart stamp with the year and “G-pa” painted on it. He also restored a dollhouse he bought at a garage sale.
“I’m considering donating it to a children’s hospital,” he said.
Unable to keep up with larger charities, he does this work during the winter so when the excitement of Christmas wears off, he can once again put toys in the hands of children who need some cheering up.
When October rolled around and the temperatures started to drop, he realized he needed a better-insulated workspace.
“I’m wearing a jacket. I’m wearing gloves,” McMillan said.
So he ordered a better-insulated garage door from Lowe’s. He paid $1,400. By December, the temperatures had dropped significantly and he still didn’t have a Lowe’s garage door.
“I thought, ‘It’s getting worse. I need a garage door,'” McMillan said.
He asked Lowe’s for a refund and found a local company to replace it.
“If they process my refund, life will go on [and] Everybody’s going to be happy,” McMillan said.
He tried to request a refund from the manager of the Kansas City store he visited, but the manager couldn’t process it. Instead, Macmillan was transferred back to the company. But before they could return the money, they asked him to sign a document, which gave him pause.
“I was given an NDA (non-disclosure agreement) immediately after I was transferred back to the company,” McMillan said.
The form he was asked to sign had a confidentiality agreement and a non-disparagement clause. It states that details of his issues with Lowe’s “should be kept confidential and may not be shared with any third party, including without limitation any media or public forum.”
It further states that Macmillan’s refund “is conditional on him/her not disparaging Lowe’s in any way.”
“Heck, the only thing it doesn’t say is I can’t dream of it,” MacMillan told Fox 4.
Macmillan disagrees. He said there was nowhere online or on paper that said he had to sign a legally binding confidentiality or non-disparagement document to get his money back for goods or services he never received.
“I didn’t do anything wrong,” he said. “I just wanted my money back. I acted in good faith. From that point on, it became a question of fairness. Is this how they treat customers?”
FOX4 asked Lowe’s to send customers a confidentiality agreement to get refunds. A spokesperson clarified that they are not confidentiality agreements, but “waiver of all claims” forms.
“This helps confirm that the issue has been fully resolved, helping both parties to have a clear end to the situation,” a Lowe’s spokesperson said in a statement to FOX4.
But in reality, it has the same effect as a nondisclosure agreement, said law professor Patrick Perkins.
“They want to be able to resolve the issue and then stay silent,” he said.
The practice can lead to larger complaints, lawsuits and settlements, but doesn’t apply to everyday purchases like garage doors, Perkins said.
“It’s weird,” Perkins said.
A Lowe’s spokesperson said the form is voluntary. But Perkins noted that once signed, it’s a legally binding document and Lowe’s can take legal action if a customer violates the agreement.
“This is a more radical approach: if you want something in return, you have to give us something in return – which is you can’t say anything bad about us,” he told Fox 4.
Macmillan refused to sign. He said he contacted 10 different people at Lowe’s customer service trying to get a refund without a signed agreement.
“It’s ridiculous,” McMillan said. “I already know the name of everyone I meet.”
Finally, FOX4 Problem Solvers helped resolve the issue. Lowe’s did not require Macmillan to sign any paperwork to issue the refund.
Copyright 2026 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
For the latest news, weather, sports and streaming video, head to FOX 4 Kansas City WDAF-TV | News, Weather, Sports.