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If you have a consumer complaint...
Few things are more frustrating than paying hard-earned money for a product or service only to discover it doesn't measure up to
promises or expectations, or that it is just a plain rip-off. When that happens, consumers rightfully expect to have the problem resolved or their money returned.
Even careful buyers get stuck now and then. If it happens to you, you will want to know how to proceed to get the best results...
First Contact the Business
Take your problem to the salesperson, manager or the company's customer service representative. Most problems are resolved at this
level.If you are still not satisfied, contact the owner or the company's headquarters.
If the business will not resolve a problem directly, consumers can file a complaint with the Office of the Attorney General, the Better
Business Bureau, or a small claims court. The complaint should explain in detail, with documentation, what the problem is, who it is with, what you have done and what you want. In particular it should:
Identify the Business Include the name and current address of the business. An agency will not be able to help very much without the
firm's current address.
Describe the Problem Describe as completely as you can the problem with the product or service you have purchased. Were you told
something that was untrue? Describe what you were told and how it was untrue. Is it defective? Explain what is wrong. Did the business refuse to honor a warranty? Explain what needs repair and include a
photocopy of the warranty.
Explain What You Want Explain what you want the business to do: how much money should be refunded or exactly how you want a product
fixed or a service performed.
Include Photocopies Always include photocopies of documents relevant to your complaint receipts, warranties, both sides of cancelled
checks, contracts, etc. Do not send originals. Only send copies, except upon request of the agency to which you are making your complaint.
Filing a Consumer Complaint with the OAG
Our consumer complaint form is now available on your computer through this website. However, we cannot accept your complaint by e-mail.
Please download the consumer complaint file, fill it out on your computer or legibly in black ink, sign it, and mail it, along with copied of supporting documents, to our office (Consumer Protection
Division, Office of the Attorney General, PO Box 12548, Austin, TX 78711-2548).
If you file a complaint with our office, please understand the following:
We May Refer You To Another Agency. Often a state, federal or local agency will have more expertise than our office to handle a
particular consumer problem. In such a case, we refer the complaint to the agency best able to help.
We Cannot Act As Your Private Attorney. State law prohibits our office from giving individual citizens legal advice or opinions
or acting as their private attorney. It you feel that you need legal advice, you will have to turn to another source such as a private attorney, legal aid society or other organization.
We Can Only File Suit To Protect The Public Interest. We cannot file a lawsuit whose only purpose is to recover money or property
for you. Our office does file suits against companies that violate the laws proteding consumers. However, we file these lawsuits primarily to protect the public interest, not private interests. Whether a
lawsuit is in the public interest depends on several factors:
Severity of the case in terms of economic loss or the number and gravity of law violations
Possibility of halting a fraudulent scheme quickly
Extent to which consumers will benefit from public enforcement
Costs of enforcement as compared to the benefits to the public
Likelihood of collecting penalties and restitution from the business
Lawsuit Might Not Recover Money For Consumers. Even if we sue a business against which you have made a complaint, we may not be
able to recover any money for you.
For example, the company's practices may have affected so many people that it is impossible to prove each person's damages. A
company facing a lawsuit may go out of business and the owners may not be found, or they may not be held legally responsible. Finally, a company may have used or hidden its money and other assets,
leaving nothing with which to repay consumers.
In these, and other less frequent examples, we may file suit to stop illegal practices even though we know we will be unable to recover
consumers' money.
How Our Mediation Process Works
If we decide your complaint is appropriate for mediation, we will ask the business to respond to your allegations and to make you a
settlement offer. You will receive written notice of the decision as well as the response from the business.
If at any time we need more information, we will contact you. If you need to provide us additional information, please do so in writing.
We do not have the staff to handle numerous telephone inquiries.
If your complaint is not appropriate for mediation, or if we refer your complaint to another agency, we will advise you of the decision.
In any event, we will keep your complaint on file so that we can monitor illegal practices in the marketplace.
Special Problems
Credit Card Purchases
In a credit card purchase dispute, the card issuer may credit your account and charge the item back to the business - if you follow
certain steps.
Write to your credit card issuer at the address for errors or inquiries found on your billing statement.
Include vital information such as your name and account number, the date and amount of the disputed transaction and the business
name and address.
Describe the dispute. Explain in detail actions you have taken in good faith to resolve the complaint, and why you feel the business
should not be paid.
Send photocopies of any papers or other documents you believe relate to the transaction. Do not send originals!
The business must then try to collect the disputed amount directly from you. You or your attorney may wish to consult the federal
"Truth-in-Lending" regulations (1 2 C,F.R. 226.12 and 226.13).
Company Moved or Out Of Business
Perhaps the most frustrating consumer complaint is one against a company that is out of business or that has moved without leaving a
forwarding address. It is almost always impossible to resolve. Even agencies that assist consumers may not have the resources to find these companies.
In some rare instances, consumers may recover some of their money if the company has filed bankruptcy. To have any chance, you must file a "proof of claim. " Obtain
a claim form from the clerk of the Federal District Court in which the business has filed for bankruptcy, fill it out, then return it to the clerk. Bankruptcy cases can be very complex, so you may want
to hire an attorney to help you - especially if your claim is large.
Sources of Assistance
If You Need An Attorney
If you cannot resolve your complaint, or it involves a large amount of money, you may want to hire a lawyer.
Private Attorneys. The State Bar Association and many county bar associations operate lawyer referral programs. Often there is only
a small fee for the initial consultation.
Legal Aid or Legal Services. If you can't afford a lawyer, you may be eligible for federally-funded legal assistance. Look in
the phone book under "Legal Aid" or "Legal Services."
Law School Legal Clinics. Many law schools operate legal clinics at which law students assist people under the supervision of a law
professor or other lawyer. Contact the law school nearest you for more information.
Other Sources of Help
There are a variety of public and private sources that may be able to help with your complaint.
Better Business Bureau. Most cities have a Better Business Bureau offering complaint mediation services. In some cases, the BBB also provides arbitration
services. Some businesses pledge to arbitrate all consumer complaints filed with the BBB that are not resolved by mediation.
Local Consumer Offices. Many cities and counties have consumer affairs offices or have programs to assist consumers. Check the blue
pages of your phone book.
Justice of the Peace or Small Claims Court. All counties have special courts to handle small claims. The filing fees are usually
much less than those charged in the county or district courts and the proceedings are less formal, with citizens often representing themselves. In these courts you can present your side to the judge.
Present your case with the same information you would include in a complaint, bringing any documents or witnesses that are relevant.
Private Mediation Services. Many cities have private mediation or alternative dispute resolution centers, They are usually
non-profit and charge either no fee or a small fee.
Consumer Reporters. Some television and radio stations.and newspapers have consumer reporters that help people with complaints.
Trade Associations. Many industries have trade associations that perform a variety of functions, often including resolution of
complaints against their members.
Federal Trade Commission. The FTC enforces fair trade laws and may help consumers resolve complaints. The commission has a regional
office in Dallas.
Other State Attorneys General. It your complaint is against a company in another state, you may be able to get help from that
state's attorney general.
Elected Representatives. Members of Congress, state legislators, city council members, county commissioners and other elected
officials may help constituents with consumer complaints, These are also the people to contact if you believe there should be a law to protect consumers from a particular problem.
Claim Against a Government Agency
If your complaint is with a government agency rather than a business, contact the elected officials with authority over that agency. For
example, if it is a federal agency, contact your U.S. Representative or Senator. For a local agency, contact a city or county official.
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