If you buy an appliance and it turns out to be a lemon, don’t get mad and don’t get even—get assertive! In this chapter I’ll show you what you can do to assert yourself as a consumer when the goods, services, or responses you deserve are not forthcoming. Let’s start with something as simple as calling a company.
You call an organization and before you have a chance to say anything, the receptionist says, “XYZ Inc., will you hold?” If you think fast enough, say, “No, I’m sorry, I don’t wish to hold.”
Many receptionists will deal with your request there and then because, after all, they don’t know who you are. You could be the president’s brother, the major shareholder, or (yikes!) an IRS agent.
Often, the people who answer the phone for a living are in impossible situations. Some have to handle more calls per unit of time than any human being can comfortably handle. Therefore, you do your best to stay in control with the people who answer the phone. There are cases, though, in which you have a legitimate claim to assert yourself with the receptionist, such as when:
If you’re in one of these situations, good-naturedly let the other party know. Chances are the other party has been in the same boat and will do what they can for you.
Everyone is doing more shopping by phone these days. Chances are you already know the routine, so you know how frustrating it can be. Have you ever encountered someone who says, “Hold on—I’ve got to get some paper (or a pen, or a desk, or a brain). When I get that response, I reply, “Gee, it might be advantageous to keep (said item) by the phone.” So, just in case you’ll be soon making your first purchase by phone, here are some fundamentals to remember:
Handle with Care
Never reveal your credit card number, checking account number, or other personal information to a telemarketer unless you are familiar with the organization, and the information is necessary in order to make your purchase.
If you do these things, you’ll maintain greater control of the issue, and you’ll be able to easily assert yourself on subsequent calls because you’ll have all the relevant information.
Suppose you’re in a store. You’re waiting to buy a small item and none of the clerks seem to notice you. What should you do? You have a couple of strategies, the first being to wait until one of them does notice you. Usually, this happens after a minute or two. If you’re still waiting, I suggest that you say something light, even witty, such as, “Who wants to take my money?”, or make a ringing sound as if you had a bell you could depress to get somebody’s attention. You could revert to the overused “Exxxxcuse me!” or “Hellllllloooooooo?” Too many people use these, however—they border on rudeness, and they don’t help you increase your repertoire of assertive responses.
When clerks ignore you, strive to come up with something clever; work on it if you have to. Such spontaneity and creativity will serve you well in cases where you really need them.
Suppose you bought a toaster and it went kaput three weeks after you bought it. You call the store where you bought it and they tell you that it was a close-out model and on sale for a special price. This is news to you; however, you’ve got breakfast to eat and no toast. You ask about the return procedure, only to learn that they won’t allow you to return this particular item. Now you’re livid.
As it turns out, you paid by cash for this item and can’t find the receipt. Before asserting yourself with the vendor, you need to get organized. Allow me to recommend The Complete Idiot’s Guide to Managing Your Time, written by yours truly, which contains every shred of detail you’d ever want or need on how to keep paper in its place and how to set up files that actually serve you. In a nutshell, hereafter you need to file all purchase-related paperwork. Include copies of sales receipts, repair orders, warranties, canceled checks, contracts, and any letters to or from the company.
Then, when you have a problem with something you paid for:
First you’ve got to figure out where to send your letter:
Standard & Poor’s Register of Corporations
Directors and Executives
Standard Directory of Advertisers
Trade Names Dictionary
Dun & Bradstreet Directory
Handle with Care
Only do business with companies you will be able to find later if you need to. It can be difficult to find companies in other states which only list post office boxes as addresses. Also, even if you have an address, it might be only a mail drop, so be sure you know where the company you are doing business with is actually located.
Public libraries also have other directories that might be helpful.
Here are some tips for writing a complaint letter to a company:
(Your Address)
(Your City, State, ZIP Code)
(Date)
(Name of Contact Person, if available)
(Title, if available)
(Company Name)
(Consumer Complaint Division, if you have no contact person)
(Street Address)
(City, State, ZIP Code)
Dear (Contact Person):
Re: (account number, if applicable)
On (date), I (bought, leased, rented, or had repaired) a (name of the product with serial or model number or service performed) at (location, date and other important details of the transaction).
Unfortunately, your product (or service) has not performed well (or the service was inadequate) because (state the problem). I am disappointed because (explain the problem. for example, the product does not work properly, the service was not performed correctly, I was billed the wrong amount, something was not disclosed clearly or was misrepresented, etc.).
To resolve the problem, I would appreciate your (state the specific action you want—money back, charge card credit, repair, exchange, etc.). Enclosed are copies (do not send originals of my records (include receipts, guarantees, warranties, canceled checks, contracts, model and serial numbers, and any other documents).
I look forward to your reply and resolution to my problem, and will wait until (set a time limit) before seeking help from a consumer protection agency or the Better Business Bureau. Please contact me at the above address or by phone at (home and/or office numbers with area codes).
Sincerely,
(your name)
Enclosure(s)
cc: (reference to whom you are sending a copy of this letter, if anyone)
There are some life events where your single best opportunity to get a fair deal comes at the initiation. For example, if you’re going to rent equipment or premises, you have the best chance to get what you want at the time of the lease signing, rather than afterwards. Suppose you’re about to move into a $750-a-month, two-bedroom, two-bathroom apartment, not including utilities. You know that the rental market has been slow and the landlord would be lucky to have someone like you as a tenant. Now is the best time to ask to have utilities included.
Handle with Care
Once you sign a lease, you remove most if not all of the leeway you have in negotiating major items with the lessor.
Suppose you move in, and the apartment needs repairs or some type of alteration. To assert yourself, write a letter and make a phone call. Often, the sequence doesn’t matter much. The call is important because it allows your landlord to gauge the urgency of the problem through the tone, volume, and pitch of your voice.
The letter is important because it provides documentation of your request and clearly spells it out.
If you’re in a situation where repeated requests don’t receive action, I suppose you have the option of withholding rent. Nothing speaks louder than not showing your landlord the money. However, I don’t recommend that you do this often, and if you can help it, avoid doing it at all.
Handle with Care
Holding up rent money waves a big red flag to your landlord. In most cases, you’re far better off paying your rent on time and continuing to assert yourself about the issue.
You might be thinking, well, what if I just deduct the cost of repair out of the rent and send it in? I advise you not to do this for several reasons. First, if you haven’t received the permission to do this, you may make your landlord mad. Perhaps more importantly, when you pay your rent in full, and are reimbursed for repairs afterwards, you receive written documentation concerning the proper amounts due to the respective parties.
Tenants rights associations exist everywhere, although they are more active in major metropolitan areas. They can provide you with all kinds of advice about your rights, plus mediation services.
Make It So
When it comes to landlord-tenant relations, you always want to create a clear and unimpeachable paper trail, regardless of which role you play.
One technique I use seems to work rather well, whether I’m dealing with landlords (a problem of yesteryear) or encountering anyone else with whom I’ve made a repeated request. I send the same letter, a second, third, and if necessary, a fourth time, always including the latest date directly under the date of the earlier letter. For example:
A Multiple-Date Request Letter
Memo to: Hardhead Properties Management
From: Jeff Davidson
September 16
September 24
October 1
Dear Manager,
The caulking around my bathtub tile is coming apart and requires immediate repair to reduce any possibility of water getting into the drywall. Please call me at 555- 8625 as soon as possible so we can arrange for this repair.
Yours truly,
Jeff Davidson
If you need a variety of repairs, structure your letter in bullet format.
The common denominators of these letters are:
It’s not your imagination—it is getting harder to get some peace and quiet even in your own home. Let’s examine a variety of situations where you may wish to draw upon your power of assertion when you don’t want to be a consumer.
Suppose somebody comes to your door to try to sell you something. Obviously you always have the option of saying, “Sorry, not interested.”
Perhaps you are mildly interested. If so, here are some tips to stay in control of the situation:
If you do choose to make a purchase or sign up for whatever’s being offered, you need to know about the “Door-to-Door Sales Rule,” sometimes referred to as the “Cooling Off Rule”). This law is in effect in all U.S. states and gives you the right to cancel certain purchases costing $25 or more. You have to notify the vendor in writing by midnight of the third business day following the sale. Saturdays are considered business days. Sundays and holidays are not.
If you decide to accept what the seller is offering, the seller is supposed to give you two dated copies of a cancellation form showing the seller’s name and address and explaining your right to cancel. Many vendors don’t do this! Depending on where you live, your state might also have additional laws that protect you as a buyer. Your state or local office of consumer protection can send you a summary of your rights as a consumer. If you choose to cancel a contract you’ve initiated, sign and date one copy of the cancellation form and mail it within the three-day limit! It must be postmarked before midnight of the third business day. Send it by certified mail if you want to show proof that it was mailed. (There’s more on mailing in the next chapter.)
Telemarketing as an industry probably continues to exist because most people are too polite to give the intruder short shrift. To terminate calls politely and quickly, you may need to cut in and say “Excuse me, I’m just not interested” and that should do it.
Over the years, I’ve heard stories and anecdotes about clever and creative ways people have stopped telemarketers in their tracks. Here’s one of the better ones, which happened to appear in Reader’s Digest: A woman told a telephone solicitor who was trying to sell cemetery plots that she couldn’t call her husband to the phone because he was using his plot.
If you really want to put a chill into the telemarketer’s campaign, tell the next caller: “To comply with the Telephone Consumer Protection Act, Telephone and Consumer Fraud and Abuse Prevention Act (ref: Telemarketing Sales Rule, Part 310) you are directed to remove my name, phone, and fax number from your rolls and to make no more calls/ faxes to me. Under the ‘do not call’ provision, calling or faxing a consumer who has requested not to be called is rule violation, for which you risk a $10,000 civil penalty, per violation. To protect yourself and your company, please have your supervisor send a copy of your ‘do not call’ policy.”
Everything in the above paragraph is accurate and true. If you want a complete copy of the telemarketing sales rule, write to:
Direct Marketing Association
1120 Avenue of the Americas
New York, NY 10036-6700
Regardless of what type of consumer issue you’re facing, you can always give a call to your local Better Business Bureau (BBB). BBBs are non-profit organizations supported primarily by local business members. The focus of BBB activities is to promote an ethical marketplace by encouraging honest advertising and selling practices, and by providing dispute resolution.
BBBs provide consumer education materials; answer consumer questions; provide information about a company, particularly whether or not there are unanswered or unsettled complaints or other marketplace problems; help resolve buyer/seller complaints against a company, including mediation and arbitration services; and provide information about charities and other organizations that are seeking public donations. BBBs usually request that you submit your complaint in writing. Then they will take up the complaint with the company involved. If the complaint cannot be satisfactorily resolved through communication with the business, a BBB may offer an alternative dispute settlement process, such as mediation or arbitration.
Just the Facts
BBBs do not judge or rate individual products or brands, handle complaints concerning the price of goods or services, handle employer/ employee wage disputes, or give legal advice.
Did you know that you can get a free copy of the Consumer Information Catalog, which lists approximately 200 free or low-cost Federal booklets with helpful information for consumers? Well, you can! Topics in the catalog include careers and education, cars, child care, the environment, Federal benefits, financial planning, food and nutrition, health, housing, small business, and much more.
The catalog is published quarterly by the Consumer Information Center of the U.S. General Services Administration. To obtain a single copy, write to:
Catalog
Consumer Information Center
Pueblo, CO 81009
There are many organizations whose sole purpose is to offer consumer assistance, protection, and/or advocacy. Many of the groups discussed on the next few pages distribute consumer education and information materials. The American Association of Retired Persons (AARP) Consumer Affairs Section advocates on behalf of mid-life and older consumers, and develops and distributes consumer information. AARP addresses such issues as housing, insurance, funeral practices, eligibility for public benefits, financial security, transportation, and consumer protection, all with special focus on the needs and problems of older consumers. You can reach them at:
American Association of Retired Persons
Consumer Affairs Section
601 E Street NW
Washington, DC 20049
An organization that can help you with marketplace problems is Call for Action. An international non-profit hotline, Call for Action is affiliated with radio and television stations and helps consumers and small businesses through mediation of marketplace disputes. A list of the affiliated radio and television stations is available by contacting the hotline. For more information, contact:
Call for Action
5272 River Road
Suite 300
Bethesda, MD 20816
The Consumers Union of U.S. is a non-profit, independent organization which researches and tests consumer goods and services. They then write up the results in their monthly magazine, Consumer Reports, as well as in other publications. For more information, contact:
The Consumers Union of U.S.
101 Truman Avenue
Yonkers, NY 10703-1057
You brought your car in for servicing, and after a few minutes, the mechanic reports to you that your car will need this and that and that. The bill will come to $480. You are aghast. In this case, even if you don’t know a lot about cars, and don’t have much experience with this particular repair shop, you may ask some questions to stand up for yourself and keep your bill as low as possible.
The following are examples of such questions:
If the mechanic or service person is emphatic about your need to get the repairs as indicated, perhaps you need to get the work done. If the mechanic hedges a bit, you probably don’t need to have that particular repair done at this time.
If you decide to go ahead and have the repairs done, you can always ask about the warranty or guarantee of the parts, labor, and so forth. You can also ask for the worn-out parts. Thus, you will have the opportunity to have someone else examine the old parts and what was done to determine whether or not the repair was needed.
You may ask, “What good will that do me, since I’ve already spent the money?” If it appears that the old parts didn’t require replacement, you have recourse against the original repair shop. All states now have a hotline number for car repair fraud.
Make It So
When having repairs done, in particular auto repairs, always err on the side of caution. You’re better off if you go ahead and pay a car service center for a repair that could be delayed for several weeks or months from now. The value of having a car that continues to run smoothly has no price.
The few times in my driving career when I’ve broken down on the highway were highly disruptive. You probably feel the same way. Therefore, while I certainly will assert myself in an auto repair shop to the extent that I need to, I am also willing to pay a few extra dollars when necessary. In those cases where I do drive off with the least amount handled, I will then quickly visit a repair shop I am familiar with and ask them to assess the situation. About half the time, they concur with the first repair shop, and the other half of the time, they do not. I guess that’s how the car repair biz works!
The best advice I can give you is to find a repair shop that you trust and use them whenever possible.
If you have a problem with a car you purchased from a local dealer, first try to work it out with the dealer. If the problem is not resolved, contact the manufacturer’s regional or national office. For U.S. cars, most of the headquarters are in Detroit. If you still cannot resolve your problem, contact the local Better Business Bureau, which may have a special department for handling auto purchase-related problems. Also, contact your local or state consumer agency to see if your state offers state-run dispute resolution programs. If you suspect you have a vehicle problem that might fall under your state lemon law (in which you’ve apparently been sold a car of dubious performance), call your local or state consumer agency to find out about your rights. Often, you’ll find that the deck is stacked in your favor!
Also, draw on your assertiveness skills to get the best price on a car. The purchase of a new car is an area where many people feel at a disadvantage. Assertiveness can change that experience by conveying to the salesperson that you intend to get a good price and will stand your ground until you get it, or you are prepared to walk away. (For a good guide to negotiation in general, pick up The Complete Idiot’s Guide to Negotiation.)
Companies that manufacture similar products, such as car manufacturers, or that offer similar services, such as attorneys, often belong to industry or professional associations. These associations help resolve problems between their member companies and consumers. Depending on the industry, you might have to contact an association, service council, or consumer action program. If you have a problem with a company and cannot get it resolved with that firm, ask if the company is a member of an association. Then check the following list to see if the association is listed. If the name of the association is not included here, check with a local library.
Here are some additional groups that may be able to lend consumer assistance:
American Arbitration Association
140 West 51st Street
New York, NY 10020-1203
This is a non-profit public service organization with three dozen regional offices across the country. The AAA offers consumer information on request.
American Council of Life Insurance
1001 Pennsylvania Avenue NW
Suite 500
South Washington, DC 20004-2599
The ACLI consists of life insurance companies authorized to do business in the United States.
National Association of Professional Insurance Agents
400 North Washington Street
Alexandria, VA 22314
The NAPIA offers consumers practical advice on personal insurance buying through its national outreach program.
American Society of Travel Agents, Inc.
1101 King Street
Suite 200
Alexandria, VA 22314
The ASTA is the prevailing national association for travel agents.
Direct Marketing Association (DMA)
1111 19th Street NW
Suite 1100
Washington, DC 20036
The DMA consists of members who market goods and services directly to consumers using direct mail, catalogs, telemarketing, magazine and newspaper ads, and broadcast advertising. The DMA operates the Mail Order Action Line, Mail Preference Service and Telephone Preference Service.
For problems with a mail order company, write: Mail Order Action Line, 1111 19th Street NW, Suite 1100, Washington, DC, 20036.
To remove your name and home address from national mailing lists, write: Mail Preference Service, P.O. Box 9014, Farmingdale, NY, 11735-9014.
To remove your name from telephone solicitation lists, write: Telephone Preference Service, P.O. Box 9014, Farmingdale, NY, 11735-9014.
In all, there are more than 40,000 trade and professional associations in the United States, representing all manner of industry and professions. Some of these associations and their members have established programs to help consumers with complaints not resolved at the point of purchase. Trade associations have various consumer functions, which are described in National Trade & Professional Associations of the United States. This directory is available in any city or college library.
State and local consumer protection offices can help you resolve consumer complaints and provide you with consumer education information. These agencies might mediate complaints, conduct investigations, prosecute offenders of consumer laws, license and regulate professions, promote strong consumer protection legislation, provide educational materials, and act as advocates in the consumer interest.
When you have a hot case of suspected fraud, misrepresentation, or simply a worthy complaint, governmental agencies want to know, since consumer complaints form the basis of most consumer protection law-enforcement actions. If you want to file a complaint, call your local consumer protection office to learn what you need to do. You can usually find a list of state, county, and city government consumer protection offices in the “blue” or government pages of your phone book.
Many states also have special commissions and agencies to handle consumer questions and complaints about aging, banks, insurance, utilities, vocational and rehabilitation services, weights and measures, and securities.
City, county, and state consumer protection offices can also provide you with vital services. Since you’re paying for them via your tax dollars, you might as well use them if the situation merits. Consumer protection offices may mediate complaints, conduct investigations, or even prosecute offenders of consumer laws.