I was ripped off on a Christmas present I bought by a shady store that has refused to refund my money or exchange the item. What can I do to stop the store from doing this to others?
Consumers are prime targets during the holiday season. Many times frustrated consumers simply walk away from legitimate problems and take no action. The fact that you are willing to pursue the situation is positive, as there are steps that you can take which may help prevent similar problems between this store and other Central Texans in the future.
The starting point for any consumer dispute is to fully discuss your problem with the store’s customer-service representative or manager. If you can’t resolve the problem at this level, you may want to contact the store’s headquarters or the owner.
Assuming the problem has not resolved, you have several options. You can pursue your individual case by filing a lawsuit. Small-claims court (limited to a recover of no more than $5,000) is usually the best option for consumers, because you can represent yourself. However, the personal time, energy, effort, and money needed to pursue a small-claims court matter may not make sense for an inexpensive purchase.
The consumer should consider filing a complaint with the Texas Attorney General’s Consumer Protection & Public Health division (www.oag.state.tx.us/consumer/consumer.shtml). Filing a complaint with the Attorney General’s Office will not help your specific case (Texas law prohibits the AG’s Office from filing a lawsuit with the purpose of recovering money for a single person), but it could lead to an investigation or lawsuit against the company, if it is violating laws protecting consumers.
Finally, you can file a separate complaint with the Better Business Bureau of Central and South Central Texas (www.centraltx.bbb.org). By doing so, you will put other savvy consumers on notice that the store has a history of complaints and problems.
You may also be able to obtain relief if you purchased the item with a credit card (search austinchronicle.com for previous “Common Law” columns on that topic). The most important thing as a consumer is to stay vigilant – protect yourself and other consumers by pursing violations of consumer laws and poor business practices.
This article appears in December 21 • 2007.