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How To Right A Wrong
Most companies want to make you happy so you’ll come back and recommend them to your friends. But when you find a company that’s not making the grade, how do you resolve the problem?
Mail and Telephone Order Sales
Shopping by phone or mail can be a convenient alternative to shopping at a store. But if your merchandise arrives late or not at all, you have some rights.
By law, a company should ship your order within the time stated in its ads. If no time is promised, the company should ship your order within 30 days after receiving it.
If the company is unable to ship within the promised time, they must give you “option notice.” This notice gives you the choice of agreeing to the delay or canceling your order and receiving a prompt refund.
There is one exception to the 30-day rule. If a company doesn’t promise a shipping time, and you’re applying for credit to pay for your purchase, the company has 50 days to ship after receiving your order.
However, the decree does not change the original contractual responsibility for payment. If this does not work, consider selling you home and dividing the proceeds.
These are difficult and disruptive steps to take, and they often have tax consequences that you will need to consider. Source of information: Experian’s Reports on Credit
Fair Credit Billing Act (FCBA)
You’re protected by the FCBA when you use your credit card to pay for purchases.
Billing Errors
If you find an error on your credit or charge card statement, you can dispute the charge and withhold payment on the challenged amount while the charge is in dispute. The error might be a charge for the wrong amount, for something you did not accept, or for an item that was not delivered as agreed. Of course, you still must pay any part of the bill that isn’t in dispute, including the finance charges on the undisputed amount.
If you decide to dispute a charge:
- Write to the creditor at the address indicated on the monthly statement for “billing inquiries.” Include your name, address, credit card number, and a description of the billing error.
- Send your letter in a timely fashion. It must reach the creditor within 60 days after the first bill containing the error was mailed to you.
- The creditor must acknowledge your complaint in writing within 30 days after receiving it, unless the problem has been resolved. The creditor must resolve the dispute within two billing cycles (but not more than 90 days) after receiving the letter.
Unsatisfactory Goods or Services
You also may dispute charges for unsatisfactory goods or services. To take advantage of this protection, you must:
- Have made the purchase in your home state or within 100 miles of your current billing address. The charge must be for more than $50;
- Make a good faith effort first to resolve the dispute with the seller. However, you are not required to use any special procedure to do so.
Note that the dollar and distance limitations don’t apply if the seller is the card issuer or if special business relationship exists between the seller and the card issuer.
Unordered Merchandise
If you receive merchandise you didn’t order, federal law says you can consider it a gift. You can’t be forced to pay for the item or return it.
If you decide to keep the merchandise, you may want to send the seller a letter stating you intention, even though you’re not legally obligated to do so. Your letter may discourage the seller from sending you repeated bills, or it may clear up an error. It’s good idea to send the letter by certified mail and keep the return receipt and a copy of the letter. These records will help you establish later, if necessary, that you didn’t order the merchandise.
Two types of merchandise may be sent legally without your consent: free samples that are clearly marked as such; and merchandise mailed by charities asking for contributions. In either case, you may keep the shipments.
Problems
Try to resolve your dispute with the seller first. Make sure you act quickly. Some companies
may not accept responsibility if you fail to complain within a certain period of time.
Send a letter of complaint. A letter is important because it puts you complaint on
record and lets the company know you are serious about pursuing the dispute.
If you can’t get satisfaction, consider contacting the following organizations for further information and assistance.
- State the local consumer protection offices.
- Your local Better Business Bureau (BBB)
- Action line and consumer reporters. Check with your local newspaper, TV, and radio stations for a contact.
- Postal Inspectors. Call your local post office and ask for the Inspector-in-Charge.
- The Federal Trade Commission. Contact the consumer Response by phone, toll-free at 1-877-FTC-HELP (382-4357); TDD: 202-326-2502: by mail: Consumer Response Center, Federal Trade Commission, 600 Pennsylvania Avenue, NW, Washington, DC 20580; or by email: use the complaint form at www.ftc.gov. Although the FTC does not intervene in individual disputes, the information you provide may provide a patter of possible law violations requiring action by the FTC.
- Mail/telephone orders only. The Direct Marketing Association (DMA), 1111 19th Street NW, Washington, DC 20036.
- Door-to-Door sales only. The Direct Selling Association (DSA) can help you with your complaint if the door-to-door seller is a member. Write: DSA, 1776 K Street NW, Washington, DC 20006.
Dispute Resolutions Options
You also may want to consider dispute resolution programs. A popular way to settle disagreement, a dispute resolution program can be quicker, less expensive, more private and less stressful than going to court. Many businesses, private organization and public agencies offer these programs.
Two resolution techniques are mediation and arbitration.
Through mediation, you and the other party try to resolve the dispute with the help of a neutral third party –a mediator. In the course of informal meetings, the mediator tries to help resolve you differences. The mediator doesn’t make a decision; it’s up to you and the other party to reach an agreement. The mediator is there to help you find a solution.
In arbitration, you present you case before an arbitrator, who makes a decision. Arbitration is less formal than court, though you and the other party may appear at hearings, present evidence or call and question each other’s witnesses. The decision may be binding and legally enforceable in court.
Contact the following organizations for dispute resolution options in your area: local and state consumer protection officers, small claims courts, BBBs and bar associations.
FOR MORE INFORMATION
If you’re not sure what federal agency has jurisdiction over your inquiry or complaint, contact the Federal Information Center (FIC), listed in the U.S. government section of phone books in major U.S. cities. For a complete list of FIC numbers, send a postcard to: Federal Information Center, Pueblo, Colorado 81009.
To learn more about your consumer rights and responsibilities, contact the FTC. The FTC works for the consumer to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop and avoid them. To file a complaint, or to get free information on any of 150 consumer topics, call toll-free, 1-877-FTC-HELP (1-877-382-4357), or use the complaint from at www.ftc.gov. The FTC enters Internet, telemarketing, and other fraud-related complaints into Consumer Sentinel, a secure, online database available to hundreds of civil and criminal low enforcement agencies worldwide. Source: Federal Trade Commission