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Archive | Consumer Protection

Find Your Attorney General Or Better Business Bureau [Tools]

Saturday, March 1, 2008

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Find Your Attorney General Or Better Business Bureau [Tools]: “

complainbystate.jpg

Bookmark this: MSNBC has a nice interactive map you can click to find your state Attorney General and/or Better Business Bureau. If a company is being really bad, it’s important to file an official complaint so it’s on the record. If a company gets enough complaints, it can move an AG’s office to investigate. The BBB will sometimes open a hearing in the event of a dispute, and your complaint goes into a publicly searchable database, although the anecdotal evidence supplied by our readers doesn’t paint a very encouraging picture of their dispute resolution process.

(Via Consumerist.)

AT&T Billboard Hacked by the BLF

Thursday, February 28, 2008

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AT&T and the NSA are like peas and carrots.

Billboard Liberation Front vs. ATT + NSA:

Snip from a BLF missive:

The Billboard Liberation Front today announced a major new advertising
improvement campaign executed on behalf of clients AT&T and the National
Security Agency. Focusing on billboards in the San Francisco area, this
improvement action is designed to promote and celebrate the innovative
collaboration of these two global communications giants.

More, and larger, uncropped version of the pic above by Jacob Appelbaum is here. (thanks, Jacob Appelbaum)

(Via Boing Boing.)

Is Your Vet Ripping You Off? [Videos]

Tuesday, February 26, 2008

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Is Your Vet Ripping You Off? [Videos]:

Vet Investigation - Videos - KNBC-1.jpg

[vodpod id=ExternalVideo.481165&w=425&h=350&fv=deepLinkID%3D222521%26videoControls%3Dcontrols%2Fcontrols_tvsd.swf%26exitFullscreenOnVideoComplete%3Dfalse%26overrideKeyword1%3Dnational%26overrideRandom%3D854450194193%26configLocation%3Dxml%2Fconfig%2Fconfig_knbc_1_1.xml%26autoStart%3Dtrue%26initVolume%3D50%26BASE_LOCATION%3Dhttp%3A%2F%2Fvideo.nbcuni.com%2Fembed%2Fplayer_2-1%2F%26playerID%3Dvideoplayer%26extend%3Dfunction+%28_1%29+%7B++++return+Object.extend.apply%28this%2C+%5Bthis%2C+_1%5D%29%3B%7D] from video.knbc.com posted with vodpod

KNBC went undercover and found a bunch of vets are more sales people than pet doctors, using fear to sell more treatment than is necessary. They took pets with minor ailments, checked out by a vet, to several different vets. Instead of getting the minor fixes they should have been recommended, these vets advised expensive extra tests, procedures, and medicines geared more towards lining their pockets than healing the pets. One dog had an upset stomach but was recommended a $300 ‘eyelid scraping,’ despite his eyes being perfect. When confronted, the vet said she had done nothing wrong, and ‘eyelid scraping is not done in the states, but she used to do it in Austria.’ She also admitted there was nothing the matter with the dog’s eyes. The report says that if you get recommended an expensive procedure, get a second opinion.

(Via Consumerist.)

Stranded at the airport? Don’t forget Rule 240

Wednesday, January 30, 2008

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Stranded at the airport? Don’t forget Rule 240: “Stranded”

(Via Digg.)

Waiters use nodding trick to boost restaurant tabs

Monday, January 28, 2008

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Amazing, but almost certainly true. I am fascinated by how impressionable/suggestible people are. Please respond in the comments if you are aware of any formal research experiments on this issue. It would be interesting to see some detailed statistics and/or video on the technique. Have you used or experienced this technique at a restaurant or otherwise?

“Over at 43 Folders, Merlin Mann mentioned the ‘Sullivan nod,’ which, according to Wikipedia, is a ’sales technique used to create a subconscious suggestion to a customer to purchase one particular item out of a list of like items.’

A Sullivan nod is executed by nodding slightly, by approximately 10–15 degrees, when the item it is hoped the customer will choose is reached. The key is to make the nod perceptible, yet subtle, so as to not distract. The nod is best done with lists less than 5 items in length. Studies have concluded that 60–70% of the time, a Sullivan nod will result in the customer choosing the ‘recommended’ item.

The Sullivan nod has been used for years, but I just heard about it. Consultant Jim Sullivan, the creator of this technique, claims it ‘even works over the phone for room service orders.’

Link

(Via Boing Boing.)

Class Actions: T-Mobile’s Mandatory Arbitration Clause Ruled “Unconscionable” [Lawsuits]

Friday, January 25, 2008

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Class Actions: T-Mobile’s Mandatory Arbitration Clause Ruled “Unconscionable” [Lawsuits]: “

tmonight.jpgA class action lawsuit can proceed in Washington after the Ninth U.S. Circuit Court of Appeals ruled T-Mobile’s mandatory binding arbitration clause ‘unconscionable and unenforceable under Washington state law.’

From the Seattle Post-Intelligencer:

T-Mobile customers Kathleen Lowden and John Mahowald sued T-Mobile in King County Superior Court in 2005, alleging that the wireless carrier wrongly charged them for roaming, long distance, night-time and other fees that should have been free. They said T-Mobile also levied other charges, such as ‘a universal service fund fee,’ that weren’t advertised.

T-Mobile removed the case to federal district court and tried to compel mandatory arbitration, noting that the consumers had signed a contract agreeing to resolve their disputes in this manner. This isn’t the first time Ninth Circuit Court of Appeals has ruled in favor of consumers on this issue. Last year a class action involving Cingular was allowed to proceed when that company’s ‘class action waiver’ was ruled unconscionable.

T-Mobile customers can sue, court rules [Seattle P-I]
Opinion by Judge Gould (PDF)
(Photo:swruler9284)


(Via Consumerist.)

Suing Big Companies In Small Claims Court Is Fun And Easy [Small Claims Court]

Monday, January 21, 2008

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Suing Big Companies In Small Claims Court Is Fun And Easy [Small Claims Court]: “

filing.jpgTaking a big company to small claims court sounds like a big hassle but reader Bill has done it successfully three times. He says the time and effort spent on taking a company to small claims court is far less then how it long it takes to get companies to fix above-average in complexity problems.

Here’s his typical expenditure for a small claims suit: $24 and 45 minutes. The $24 is the cost to file a claim. The 45 minutes includes his total time of driving to and from court to file, as well as the time spent on the phone with the company when they call to settle.

See, in all cases, he hasn’t even had to go to court: the company calls him up the day before the court date and gives him a settlement. It seems they prefer to do that then pay to fly a company representative who isn’t fully versed on all the facts to court. Here’s his true story of how he got what he deserved from Tmobile and Washington Mutual, without breaking a sweat.

Bill writes:

Twice I have taken T-Mobile to Small Claims court. Each time I asked for payment of my many hours of time, to have early termination fees waived and to have money refunded to me for equipment that never worked. Each time they have called me and settled for what I was asking. Then I would tell them to apply the settlement to my account. Since I’m a heavy user of my cell phone and I know that changing companies is just another set of headaches, I opt to stay put. Mostly because I know how to fight this monster. In those two cases combined, I have got my $2912.00 back. Settling the case.

Washington Mutual bank had taken overdraft fees of $58.00 even though the check was deposited and they didn’t clear it when they said it was immediately available. I took them to small claims and asked for $2,058.00. $2000 for the impact it caused and for punitive. They called 7 days before the court date and sent me a check, settling the case for exactly what I asked for. I have not had a problem with them since.

It important to note that corporations can’t use an attorney in small claims and they have to send (fly) a representative that is NOT fully versed on the facts. It’s easier to just pay from their point of view. In small claims, they are stripped of their lawyers and the odds are in favor of the consumer. [ed. Depends. In some states, companies can send their lawyers.]

The bigger point that I’m making here is that perhaps to the average consumer this is a lot of hassle. However, if a reasonable person was to take a look at this from a time management point of view, here was my total investment in money and time: $24 to file the small claims, 45 minutes total on each case, that includes driving to the court to file and talking with them on the phone once to get the settlement.

It’s understandable why consumers do not want to sue and to try to work it out. But in reality, that is a lot of aggravation, time for the least amount of gain. However, the satisfaction of wining and getting paid for it is unbeatable. Now, I do not get upset or angry, I just wait for them to play their games and I sue. No warning, no anger and no headaches.

Taking a big company to small claims court of course only applies when you have been legitimately and materially wronged by the company. We’re not talking about spurious claims and people trying to unfairly profit. I make this caveat because I know someone is going to freak out in the comments about hurting the poor company and frittering away tax dollars and how baseless lawsuits make services expensive for the rest of us.

Now that that’s out of the way, here’s some posts we did on how to take a company to small claims court:

How To Take Your Case To Small Claims Court
Here’s a state-by-state index of links to small claims court papers and brochures.

(Illustration: Leo Espinosa)


(Via Consumerist.)

What To Say When You Call The CEO’s Office [How To]

Wednesday, January 16, 2008

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What To Say When You Call The CEO’s Office [How To]: “

ceoonphone.jpgThis classic article on the art of ‘turboing,’ escalating your problem to the executive’s office, has some great advice about what to say when you get there. Here’s a line Rob Levandowski, himself a former Tier 2 XEROX customer service rep, uses to get his foot in the door once he reaches the CEO’s secretary:

‘Hello, my name is ________. I’m one of your customers, and I was hoping to speak to (CEO’s name) because I’m really getting frustrated with getting a problem resolved, and I know that your company doesn’t want me to feel that way.’

Rob says this works because if they don’t help you, they’re backed into a corner of seeming like they actually do want you angry and frustrated. And despite what articles on this site might otherwise suggest, most people like to go bed at night feeling like they’re good people. The rest of the article is a really great refresher course on how to win when calling executive customer service.

The Art of Turboing [Macwhiz]
(Photo: Getty)


(Via Consumerist.)

About

This site is edited by Michael Schneider, an attorney with the firm of Wilson Sonsini Goodrich and Rosati. When not working with clients on legal issues, Michael enjoys tracking and writing about emerging technology and the Internet.