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Questions about Consumer Complaints by Meghan Jones
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Questions about Consumer Complaints |
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Law
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Complaints from customers dissatisfied with the products or services supplied by a business are quite common. If the complaint to the company in question does not resolve the matter to the consumer’s satisfaction, he/she may then file a consumer complaint with the Better Business Bureau (BBB) or the Federal Trade Commission (FTC). These agencies will deal with the company on behalf of the consumer to resolve the matter. Action by the BBB or FTC normally causes the company to be more compliant in providing a solution to the consumer’s grievance. Below are answers to a few commonly asked legal questions about consumer complaints. A phone that was bought in Georgia stopped working under warranty. The dealer said that the defective phone would be replaced with a new one. But the customer received the same phone after it was refurbished. What can the customer do? Generally the seller will have to abide by the purchase agreement and warranty under which the phone was sold. The customer will need to study these documents to determine the action that is to be taken in these circumstances. If the documents are not available with the customer, they should be accessible online. If the consumer is not clear about the seller’s obligations after reading the purchase agreement and warranty, and the phone was provided by cell phone service provider, he can discuss the matter with the carrier. If the matter remains unclear or if a satisfactory solution is not found, the customer may file a consumer complaint with the Federal Communications Commission (FCC). This can be done online through their website. The case should be explained and the customer can say that he/she wants the defective phone to be replaced with a new piece, not a refurbished one. If the phone was bought from a retailer, the complaint will have to be filed with the Georgia Governor's Office of Consumer Protection which is the office that deals with consumer complaints. In either case, a copy of the complaint will be sent to the carrier / dealer asking that the complaint be fixed or for an explanation provided as to why the consumer’s request cannot be met. The carrier / dealer will either replace the phone with a new one or give an explanation as to why it cannot be done. If the phone is not replaced and the explanation is unsatisfactory, the consumer may consider filing a case in the small claims court. In Georgia this is the Georgia Magistrate Court. If a consumer wishes to file a complaint about a defective product or service, does he need to hire a lawyer and pay the lawyer’s fee? A consumer wishing to file a complaint does not need to hire a lawyer. The Federal Trade Commission (FTC) website contains a link for consumer complaints. Clicking on the link will allow the consumer to make a complaint. Once the complaint is filed, the consumer will receive a confirmation and the FTC will contact him/her on the matter. The consumer will need to explain the problem and supply all the information available about the company in question. The process is slow but action should result. Most consumer attorneys take their fees in advance, so giving the FTC a chance to resolve the issue first is a good idea. A consumer signed up with an events company in Virginia. No events took place in the area but the company continues to draw money from the credit card. What can be done? If the consumer has tried to resolve the issue with the company with no success, a complaint can be filed with the Better Business Bureau (BBB), the Virginia Attorney General’s Office or the Federal Trade Commission (FTC). When these agencies begin to investigate allegations of poor business practices, the company in question is likely to resolve the matter to the consumer's satisfaction to avoid further government attention. If these complaints do not produce a satisfactory result, the consumer may take the case to the Virginia Small Claims Court. It should be noted that the court deals with claims of up to $5,000 only. Consumer protection law can be confusing at times. When a consumer is in doubt about the best course of action or where to file consumer complaints, it is best to ask a consumer protection lawyer to assess the details of the case and help determine the best course of action.
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