Chapter 19
 Becoming an Assertive Consumer

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.

Dying on Hold

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:

• You’re calling long distance.
  
• You’re returning someone’s call, primarily as a favor to them.
  
• You truly do have limited time to devote to this call.
  
• You’re calling from a pay phone and others are waiting to make calls.
  
• You’re calling from an airport or other transportation hub.

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.

Fingers Do the Walking

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:

• Maintain a record of the name, address, and phone number of the company, goods you ordered, date of your purchase, amount you paid (including shipping and handling) and method of payment.
  
• Mark down any delivery period that was promised.
  
• If the shipment will be delayed, write the date of that notice in your records and the new shipping date, if you’ve agreed to wait longer.

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 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.

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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.

A Little Service, Please

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.

So, You Bought an Appliance and It Turned Out to Be a Lemon

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:

• Contact the business, even the same salesperson who sold you the item or performed the service. Calmly and accurately describe the problem and what action you would like taken. If it isn’t resolved to your satisfaction over the phone, move on to the next point.
  
• Keep a record of your efforts to resolve the problem. Write to the company. Describe the problem, what you have done so far to try to resolve it, and what solution you want. For example, do you want your money back, the product repaired, or the product exchanged?
  
• Allow time for the person you contacted to resolve your problem. Keep notes of the name of the person you spoke with, the date, and what was done. Save copies of all letters to and from the company. If you are still not satisfied, escalate your efforts.
  
• Contact the company headquarters, if applicable, if you have not resolved your problem. Many companies have a toll-free 800 number. Look for it on package labeling, in a directory of 800 telephone numbers (available at your local library), or by calling 1-800-555-1212. Address your letter to the consumer office or the company’s president. If your claim is valid, eventually you’ll achieve resolution, since nearly every company today would like to avoid angry or embittered customers. The following sections give you some guidelines, courtesy of the United States Office of Consumer Affairs, on finding companies and on what to include in a complaint letter.

Finding a Company’s Headquarters

First you’ve got to figure out where to send your letter:

• Check the product label or warranty for the name and address of the manufacturer.
  
• For additional help locating company information, check the reference section of your local library for the following books:
  

  Standard & Poor’s Register of Corporations

  Directors and Executives

  Standard Directory of Advertisers

  Trade Names Dictionary

  Dun & Bradstreet Directory

  
  
• If you have the brand, but can’t find the name of the manufacturer, the Thomas Register of American Manufacturers lists the manufacturers of thousands of products.
  

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   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.

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• Each state has an agency (possibly the corporation commission or secretary of state’s office) that provides addresses for companies incorporated in that state.

  Public libraries also have other directories that might be helpful.

Guidelines for Writing a Complaint Letter

Here are some tips for writing a complaint letter to a company:

• Include the obvious, such as your name, address, home and/or work telephone numbers, and account number, if any.
  
• Keep your letter brief and to the point. Include the date and place you made the purchase, who performed the service, information about the product such as the serial or model number or warranty terms, what went wrong, with whom you have tried to resolve the problem, and what you want done to correct the problem. (See the following sample complaint letter.)
  
• Include copies (never originals) of all documents.
  
• Be reasonable, not angry or threatening, in your letter.
  
• Type your letter, if possible, or make sure your handwriting is neat and easy to read.
  
• Start a file of correspondence to and from the company.
  
• For important issues or high-ticket items, send your letter with a return receipt requested. This will cost a bit, but offers you proof that your letter was received and tells you who signed for it.

A sample complaint letter.

Negotiating a Lease

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.

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 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.

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Call, then Write; or Write, then Call?

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.

I’ll Just Hold on to the Rent Check

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.

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 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.

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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.

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 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.

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The Multiple-Date Method

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:

If you need a variety of repairs, structure your letter in bullet format.

The common denominators of these letters are:

• Clear descriptive language of what needs to be done
  
• Items that are individually highlighted using bullets
  
• A sense of urgency
  
• A request for scheduling, a call back, or whatever other consideration you need completed

Your Home, Your Castle?

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.

Door-to-Door Sales

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:

• Ask to see the salesperson’s personal identification (and license or registration if that is required where you live). Jot down his or her name, the name and address of the company, and whether the salesperson carries proper identification.
  
• Ask for the salesperson’s sales literature. Then give yourself time to call retail stores that might sell the same items to compare prices. Some door-to-door products can be greatly overpriced.
  
• Feel free to say no—you never want to let yourself be pressured into buying anything. Pressure tactics include an offer of a “free gift” if you buy a product, an offer good for today only, or a story about a neighbor making a purchase.
  
• Ask the salesperson to leave if you feel threatened, intimidated, or even mildly uncomfortable.

If You Decide to Buy

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.)

Getting Assertive with Telemarketers

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:

Better Business Bureaus

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.

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 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.

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More Consumer Help

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:

National Consumer Organizations

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:

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:

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:

Avoiding Car Repair Blues

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:

• “On that third item, what factors led you to this conclusion?”
  
• “If I don’t take care of that one today, how long can I go before I do have to take care of it?”
  
• “Are you sure about that one? I just had that examined about two weeks ago and everything seemed fine.”

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.

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 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.

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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.

Problems When Buying a Car

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.)

Dispute Resolution Programs

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:

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, County, and City Government Consumer Offices

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.