Extreme Measures for Customer Service Complaints

WORKING THROUGH THE

endless (and faceless) customer-service-rep phone trees, getting put on hold for what seems like hours, repeatedly complaining to unresponsive companies. At some point, almost everyone who has dealt with a customer-service issue has come close to reaching their breaking point.

Just ask 75-year-old Mona Shaw, who endured six days without phone service after a botched cable installation. Pleading with the local Comcast office did no good, and when she showed up in person to complain, they left her sitting in the August heat for two hours before informing her that the manager had already gone home. Three days later, Shaw returned to the office wielding a hammer, which she used to knock over a computer monitor and smash a keyboard and phone before calmly asking the receptionist, "Now do I have your attention?"

Obviously, Shaw's story is an extreme case of customer disgruntlement and her actions are definitely not advisable (she was arrested and had to pay $345 in reparations). But for consumers who've failed to resolve a customer-service dispute despite making substantial efforts, there are more effective and legal ways that are just as attention grabbing. One caveat though: Be sure to choose your battles wisely. "If everyone is doing these things for easily resolved problems, the tactic loses its effect," says Chris Denove, executive director of J.D. Power and Associates.

If you've already exhausted all of the traditional channels in your efforts to get your brand new, broken dishwasher fixed, then try the five strategies below to get a company's attention and get your dispute resolved.

Go to the top of the corporate ladder

If you can't get anywhere with customer service, try writing a letter or emailing the company's CEO. "Customer service is a huge CEO issue," says Drew Stevens, president of

Getting to the Finish Line

, a customer-service consulting firm. "It's very difficult to maintain customer loyalty, and CEOs are very concerned with that."

While you probably won't get a personal response, it's a safe bet your missive will be read by someone in the head honcho's office and handed over to someone on the executive service team who is empowered to resolve disputes in any way they see fit.

To make sure your complaint is taken seriously, document the problem and your attempts to resolve it in a short letter. Include names and extensions of employees you spoke with, as well as what they promised and if they followed through. Keep your emotions out of it. "CEOs will be looking at this very methodically, to see what the problem is and how it was handled," says Stevens. "Even if you've been wronged, it's as Grandma always said: 'You get more flies with honey.'"

Why it's effective: A task that gets kicked down from the CEO's office is unlikely to be ignored or mishandled. (Just imagine how heads would roll if you had to go back to the CEO a second time.)

Turn to the local government

From zoning and licensing to sidewalk merchandise display permits, businesses are subject to a number of local regulations. That can come in handy if you're having problems with a local business. Too many complaints to the city government can put a business in hot water, forcing it to fix the issue. "Try to find the levers of power and raise hell," says Sally Greenberg, executive director for the National Consumer League, an advocacy group.

A problem with your communications provider, for example, may be resolved with a complaint to a common, but little-known town board the cable access committee, which acts as a liaison between the government and the cable suppliers for that area. To help you figure out where you should turn for a specific issue, check the web site of your local or city government.

Why it's effective: Enough complaints or perceived code violations for a particular company can result in restrictions on their operations or even put a merchant out of business, says Greenberg.

Take your problem public

If you're willing to air your customer-service issues publicly, then turning to the media can be a very effective tool. Reporters are always looking for tales of consumer woe to use as a particularly bad example of customer service gone awry, says Denove. So if you're really at your wit's end, bring your complaint to the attention of so-called "problem solver" or consumer investigative reporters, whose job it is to confront companies as consumer advocates. "Nothing and I mean

nothing

gets the attention of a company faster than a media request," he adds.

Why it's effective: "[Someone with] one good customer service experience tells another, while [someone with] one bad customer service experience tells 20," Stevens says. A well-placed post on consumer advocacy sites like The Consumerist or a five-minute segment on the evening news tells thousands and that's the kind of negative publicity a company can't afford.

File a credit-card dispute

If you paid with plastic, the Fair Credit Billing Act protects your purchases from unfair billing practices, which by the law's reckoning include goods or services not delivered as agreed. Technically, the charge must meet a host of little rules, including minimum purchase cost ($50), location (purchase must have been made within 100 miles of your home state, through a catalog or online) and date (within 60 days of purchase). "Ignore them credit-card issuers will let you dispute just about anything," says Scott Bilker, founder of

Debtsmart.com

. "The important part is you must have already made a good faith attempt to resolve the situation with the merchant."

Filing a dispute with your credit-card issuer requires that you fill out a short form. A credit-card representative will then speak with you and the merchant before passing judgment.

While the dispute remains unresolved, you aren't responsible for paying that particular charge on your credit-card bill. "Worst-case scenario, if you try the chargeback and it doesn't work, you're going to owe whatever you paid for that item," says Bilker. (One thing to note: Debit-card purchases aren't covered under the law, although issuers may opt to protect signed purchases. "If you used a PIN, it's almost like a cash transaction," he says.)

Why it's effective: Disputed charges are the one scenario where credit-card policies are overwhelmingly consumer friendly. "For the most part, you're going to win these things," says Bilker. In fact, even the threat of a disputed charge can send merchants scrambling for a resolution. Credit-card issuers charge the merchant hefty fees for processing your disputed charge claim. Too many disputes accounting for as few as 2% of transactions and they may revoke the merchant's ability to accept their brand of credit card.

Head to court

If heading to court over your unresolved consumer complaint sounds like a hassle, well, it is. Spending the time and money necessary to get a verdict just won't be worth it for minor complaints. (Making a point over that sneaky $25 overweight bag your airline tacked on only goes so far.) But heading to small-claims court can be an effective last resort even against big-name corporations. And you don't need a lawyer, says Alan Kopit, editor for legal information site

Lawyers.com

.

Procedures vary by state, but generally you'll need to go to your local municipal court where you can file a short summary of the problem. You'll have to pay a fee (usually $30 to $100), which may be included as part of your requested damages. On the day of the trial both parties argue their side at an informal proceeding that is usually overseen by a judge. "It's just like telling it to Judge Judy or Judge Wapner," he says, "and a judgment you get in small-claims court is as valid as one in a federal court."

Just how much you can ask for depends on where you live. Virginia, for example, allows claimants to seek up to $5,000, while the maximum judgment for an individual in California is $7,500. State and local consumer protection laws may increase your likelihood of a favorable judgment. In Ohio, proving you've been a victim of fraud gets you triple the judgment amount.

Why it's effective: "Filing in small-claims court forces the company to do something, because otherwise you get a default judgment," says Kopit.

Calling in Consumer Advocates

No matter how small the monetary value of your complaint, it's worth alerting consumer advocacy organizations that you have an unresolved problem. Most won't be able to intervene directly on your behalf, but logging your complaint serves as a good deed and warning for other consumers.

Such documentation is also the catalyst for many class-action lawsuits, says Denove. "The point of damages is to say, 'Hey, Mr. Company, you are not listening to complaints. This will make you listen.'"

Here are some organizations that you can take your grievances to and how they can help:

Better Business Bureau: Complaints filed through your local BBB and forwarded to the company, with a request for response. Any complaint goes on the business's record, noting if it was satisfactorily resolved. Your local BBB can also help you set up conciliation, mediation and arbitration to resolve a complaint.

Federal Trade Commission: The FTC itself doesn't address individual complaints, but it does store your report in its Consumer Sentinel database, which civil and criminal law enforcement agencies world-wide have access to. You may be contacted if your complaint is related to an ongoing investigation.

Office of the State Attorney General: Complain to your state attorney general's office, and they will attempt to resolve the problem, either directly or through arranging mediation. If your complaint is one of many, it may contribute to a class-action lawsuit being filed against the offending company. You can also gain access to a wealth of consumer protection information, including other places where you might file a complaint and how to navigate small-claims court.

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