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Information courtesy of:
OREGON INDEPENDENT AUTO DEALERS ASSOCIATION
2542 19th St. S.E. - Salem, OR 97302 - (503) 362-6839
FAX (503) 364-7331 - 1-800-447-0302
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GO BACK TO THE COMPANY FIRST! Ask to speak to the owner or manager.
Don't scream and yell -- the old saying, "You can catch more flies
with honey than vinegar" really proves true in this instance.
If a complainant asks for help instead of demanding it,
they are more likely to prevail.
It's always best to put the complaint in writing --
it clarifies the problem in the complainant's mind and
reduces the risk of misunderstanding and misstatement.
By contacting the trade association involved,
their complaint handling person can contact the business
and perhaps secure an immediate resolution of the problem.
There are some fallacies making the rounds regarding sales of products
Unless otherwise stated by the business, there is no right
to return any consumer goods within three days with a very few
exceptions. The law requires the three-day right
of rescission only in cases of door-to-door sales, health spas, and
certain mortgage contracts which contain a three day cooling off period.
In all cases, it is wiser for the complainant to say: "I need help"
rather than to say "You'd better help me, or else!"
Where to Start:
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If Problem Is With Governmental Agency
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Call the Ombudsman for the department involved or call the
Governor's Office. Most of the larger departments, such as
Insurance and Family Services, have special people appointed
to answer complaints. |
Problem Is With Private Industry
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If misrepresentation or deception, call the Consumer Fraud Section
of the Justice Department. If it's something they feel is applicable
to their law, they will ask the complainant to complete a form and also send along contracts or other business papers.
This is then sent to the company involved, asking for a reply
and at that time, a decision is made by the Attorney General
as to the validity of the complaint. If there is a pattern of problems,
the Attorney General may issue an Order of Voluntary Compliance
- a "I didn't do anything wrong but I won't do it again" order.
And the complainant can also sue in court under the Unlawful Trade
Practices Act. |
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If the complaint is vehicle related and concerns title or
registration, call Motor Vehicles Division. Their Dealer Investigators
will look into the problem after a written complaint is filed. |
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Consumers also have access to Small Claims Court if the amount
is under $2500. |
Consumers can contact the trade association representing the product
and ask their assistance in getting a settlement.
If the complaint involves a chain store, such as Sears or Wards,
they can go to corporate headquarters.
What to do if you don't like the results
1. Take another look at the complaint. Was it valid in the first place? Was the
complainant simply acting on the advice of neighbors or friends? However well-meaning that
advice could be, is it based on unsubstantiated, rumors or perhaps an experience that
really isn't germane to the current problem? Is the increased stress worth pursuing the
case?
2. Seek out an arbitration committee where both parties can agree
to abide by the decision and close the case.
3. Have an attorney write a letter (usually only a nominal fee)
and ask for resolution of the problem.
4. A complainant can always go to Small Claims Court if the claim
is under $2500. Attorneys are not allowed in Small Claims Court -- each side comes in and
tells their story to a judge, who then decides. The fee is nominal based on the amount
involved.
5. If a complainant chooses to go to a lawyer, the consumer should
look at potential costs for the attorney and the court if the case
should be litigated.
For more ideas, check:
Where to Complain
Complaining effectively in writing
Complaint Forms
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