Complain effectively.If the product is covered under a payment protection plan or extended warranty, try filing a claim with the company that administers the policy. We’re not at all fans of paying for these mini insurance policies, which are pushed by many retailers. While highly profitable for stores and the insurance companies that back them, they’re usually bad deals for consumers. For most products that come with written manufacturers’ warranties, you can usually get a free extension elsewhere. Many credit card companies automatically provide extended warranties when you purchase stuff using their cards. “People forget about that extra-year benefit their credit card may offer,” said Edgar Dworsky, a former Massachusetts assistant attorney general who now runs the fantastic advocacy website Consumer World. Costco similarly provides free extended warranties of one or two years for most products it sells. When buying, if a retailer doesn’t offer a free warranty extension, and if you care about getting one (we don’t think it matters much), make sure the credit card you use offers the benefit. Some issuers have changed or eliminated these types of perks. For example, in early 2018 Discover dropped its warranty benefit. TIP: Keep receipts. If you later need to make a warranty claim with a retailer, manufacturer, or credit card company, you’ll be required to produce one, as well as any original warranty documentation.
You might be entitled to a replacement, free repair, or refund due to a safety recall, even if the manufacturer’s warranty expired several years ago. For example, I know one homeowner who got a free fix for her Maytag refrigerator, which had stopped cooling after several years of service. A call to the manufacturer revealed a recall due to a faulty relay, the source of the problem, meaning she was owed a free repair. You can search for recalls on most products using the U.S. Consumer Product Safety Commission’s website; for vehicles, tires, car seats, and other auto-related equipment search NHTSA's website. At both sites, you can also report dangerous items. If a defective product—no matter how old—has caused serious injury or damage, contact an attorney. The National Association of Consumer Advocates, an association of attorneys who specialize in representing consumers, lists its members on its website.
All states have lemon laws, which specify what constitutes a defective product for certain types of merchandise and buyers’ legal remedies. These laws most commonly cover new-car purchases, providing certain relief for buyers who have had repeated problems. Usually buyers can declare their new cars are defective if a serious problem hasn’t been successfully repaired within three or four attempts, or if the vehicle is out of service for a total of 30 days within a certain period or number of miles—for example, two years or 18,000 miles. Lemon laws in at least six states—Connecticut, Massachusetts, Minnesota, New Jersey, New Mexico, and New York—also apply to used-car sales. If you think you bought a lemon but the company doesn’t agree or can’t (or refuses to) remedy the problem, file a complaint with its state’s lemon law arbitration panel. (In some jurisdictions, these panels are run by state governments; in others, by private organizations.) Or threaten to sue. “There are a lot of lemon law attorneys out there that will give people advice,” said Rosemary Shahan, president of the California-based Consumers for Auto Reliability and Safety. Once an attorney is involved, she said, complaints are usually settled quickly.
Complain effectively.If a store or manufacturer isn’t eager to make things right, make sure the company’s owner or manager knows you are dissatisfied. Even if the employees you dealt with know you’re unhappy, that information might not reach someone who has the authority—and cares enough about customer service—to put things right. Click here for our advice on how to complain effectively. A key is to clearly state the facts as you view them, why you feel entitled to relief, and how the company can make amends. Complain in a firm but nonthreatening manner. No one responds well to hostility. And remind the company that you’re a loyal customer who might continue to buy and recommend its products. For help finding contact info for companies, check with the nonprofit consumer group Elliott Advocacy, which maintains a list. Provide your receipt, repair diagnosis, previous correspondence, and any other supporting evidence to back up your complaint. Search the web to see if others are having the same issue, which may indicate a design or manufacturing defect. Still no favorable resolution? Complain again. Unfortunately, with some companies you might have to fight (politely!) through several layers of staff to reach a resolution.
We often advise our readers to pay using a credit card. When you pay with one, it automatically conveys incredibly strong protections against most lousy-service scenarios and companies that sell faulty goods. If you can't resolve a dispute with a business, try disputing the transaction with your credit card company, requesting “chargeback.” The credit card company will then investigate and reverse the charge, if it rules in your favor. Keep in mind that if your credit card company issues a chargeback it doesn’t mean the seller has no rights against you. The seller can still try to get payment by billing you directly and then sending your case to collections if you don’t pay up, or by suing you.
Submit a complaint to the FTC or a local government complaint-handling agency. In our article on how to complain effectively, we list local resources. Use usa.gov/state-consumer to find contact info for agencies locally and nationwide. Unfortunately, if all else fails, you may have to sue the retailer or manufacturer, or at least threaten to. Fortunately, the Magnuson-Moss Warranty Act provides for attorney’s fees and legal costs, said Dee Pridgen, professor of law emeritus at the University of Wyoming and an expert on consumer protection. (But, of course, to get them you’d have to win a judgment.) The National Association of Consumer Advocates, an association of attorneys who specialize in representing consumers, lists members on its website. Still, Pridgen said, express warranties often have fine print designed to limit your rights, such as requiring you to submit to binding arbitration. Consulting a consumer attorney may help you decide how to proceed, even if you’re considering suing in small claims court—which is probably the best route if the product costs less than $5,000 and you bought from a locally based retailer. For a small fee, an attorney may be willing to write a letter on your behalf, which may be enough to shake some satisfaction out of the seller.
