Benefits with County of Kern

File a Consumer Complaint: Part 2

Dispute-Resolution Programs

Some companies and industries offer programs to address disagreements between buyers and sellers. The auto industry has several of these programs. Examples include the Better Business Bureau (BBB) AUTO LINE program (https://www.bbb.org/autoline/), the Consumer Financial Protection Bureau (CFPB) via http://www.consumerfinance.gov/complaint/, the U.S. Department of Transportation (DOT) Vehicle Safety Hotline at 1-888-327-4236 (TTY: 1-800-424-9153) or https://www-odi.nhtsa.dot.gov/VehicleComplaint/, and the National Center for Dispute Settlement (NCDS) at http://www.ncdsusa.org/. The Financial Industry Regulatory Authority (http://www.finra.org/) offers a program to resolve investment-related disputes.

Mediation, arbitration and conciliation are three common types of dispute resolution. During mediation, both sides involved in the dispute meet with a neutral third party and create their own agreement jointly. In arbitration, the third party decides how to settle the problem. Conciliation is similar; however, you and the other party meet with the conciliator separately (not a group meeting). Request a copy of the rules of any program before deciding to participate. You will want to know beforehand whether the decision is binding; some programs do not require both parties to accept the decision. Also ask whether participation in the program places any restrictions on your ability to take other legal action.

Contract Clauses to Watch Out For

Nondisparagement Clauses

Have you ever posted a review of a company on a blog or social media after a bad experience? Some companies add nondisparagement clauses to contracts. These clauses are meant to prevent customers posting negative comments about the company or its products or services. These clauses threaten financial penalties or legal action if you do so, even if the comments are true. Check before you buy or post that comment:

• Read the contract and terms of service carefully, especially the fine print. Search for phrases like "negative review," "comment policy" or "nondisparagement."
• Search for the company's name on popular review websites. If you see some negative comments (and positive ones), you can know that the company doesn't engage in nondisparagement policies.

Mandatory Arbitration Clauses

Mandatory arbitration clauses in contracts prevent you from filing a lawsuit against a company. These clauses are fairly common in automotive, credit card and cellphone contracts. Now, however, they are appearing in the terms and conditions on websites, coupons and corporate social media profiles. While arbitration can be less expensive, it is sometimes seen as unfair to make arbitration a requirement before a negative incident has happened or before knowing how serious the problem is. Also, the decisions are binding, so you can't appeal the decision, even if the company was severely negligent.

Before you sign a contract or even use a website, read the contract or terms of service for mentions of "arbitration," "binding arbitration" or "resolution programs." This language is often in the fine print of the contract and can be easily missed. Also, note that some companies may let you opt-out of these clauses, if you do so within a set period of time.

Small Claims Court

Small claims courts resolve disputes over small amounts of money. Court procedures are generally simple, inexpensive, quick and informal. Additionally, court fees are minimal. You probably will not need a lawyer. Even though the court is informal, the judge's decision must be followed. If you file a case and win, the losing party should give you what the court says you are owed without further action on your part. If the losing party refuses to follow the court's decision, you can go back to court and ask for the order to be enforced. Depending on local laws, law enforcement officials might sell a person's property, or take money from a bank account or business cash register. Check your local telephone book under the municipal, county or state government headings for small claims court offices. If you have more questions, the court's clerk may be able to answer your questions.

Report fraud and safety hazards.

If you suspect a law has been violated, contact your local or state consumer protection agency (https://www.usa.gov/state-consumer). This agency may take action or refer you to another state organization that has authority where you live. A local law enforcement officer may also be able to provide advice and assistance.

Violations of federal laws should be reported to the federal agency responsible for enforcement. While federal agencies are rarely able to act on behalf of individual consumers, complaints are used to document patterns of abuse, allowing the agency to take action against a company or industry.

If you suspect fraud, there are some additional steps to take:

• Report the fraud to the Federal Trade Commission (https://www.ftc.gov/).
• Report scams that use the mail or interstate delivery service to the U.S. Postal Inspection Service (https://postalinspectors.uspis.gov/). It is illegal to use the mail to misrepresent or steal money.
• Report scams that are Internet-based to the Internet Crime Complaint Center at https://www.ic3.gov/.

Reporting fraud promptly improves your chances of recovering what you have lost and helps law enforcement authorities stop scams before others are victimized. If you suspect you have a product that poses a health or safety hazard, report the problem to the appropriate federal agency:

• Animal products — Food and Drug Administration (http://www.fda.gov/).
• Automobiles — National Highway Traffic Safety Administration (http://www.nhtsa.gov/).
• Consumer household products — U.S. Consumer Product Safety Commission (https://www.cpsc.gov/).
• Drugs, cosmetics and medical devices — Food and Drug Administration (above).
• Food — Food and Drug Administration (above), U.S. Department of Agriculture (https://www.usda.gov/wps/portal/usda/usdahome).
• Household chemicals — Environmental Protection Agency (https://www3.epa.gov/).
• Seafood — Food and Drug Administration (above), U.S. Department of Commerce (https://www.commerce.gov/).
• Toys, baby products and play equipment — U.S. Consumer Product Safety Commission (above).