Since the AG’s office is involved, the business is usually going to be a lot more receptive than they were when it was just you. They want to stay on the good side of the state government so they’ll usually be more willing to work with you. Even if your state doesn’t have a mediation program, they’ll typically notify the business of your complaint. The fact that the issue is now on the AG’s radar might be enough to convince the business to come to the table.
Your complaint is a public record and can be reviewed by anyone at any time. This includes not just law enforcement agencies, but other consumers as well.
The specific issues your state AG’s office deals with depend on your state’s consumer protection laws. Some AG’s offices have an extremely broad scope, while others can only handle problems in a few very narrow categories. When you file your complaint, an agent in the AG’s office will review it. If they determine that another government agency is better suited to handle your complaint, they’ll forward the information to that agency.
Some state AG’s offices require you to do everything you can to resolve the dispute before you file a complaint with them. Most don’t have this as an explicit requirement, but they still advise you to try to resolve the issue with the business on your own first. Some state AGs have form letters on their website that you can download and adapt to your needs. These letters can come in really handy when you’re trying to resolve a dispute with a business on your own.
For example, if you bought a vacuum cleaner from a local business and it never worked, you might’ve made a video showing the cleaner’s failure to power up or lack of suction. If you come to an agreement with anyone from the business over the phone, ask them to send you a letter confirming the terms of that agreement so you have it for your records. That way, if they try to go back on it, you have proof of it.
Your full name, address, and contact information The full name and address of the business or individual you have a dispute with Contact information for the business or individual A description of your dispute How you want the dispute resolved The names and job titles of anyone you worked with to try to resolve the dispute Any documents related to the dispute (if you can’t upload them, mention in your complaint that you have them available)
You could get either a call or an email—the website typically tells you what type of contact to expect. If the agent determines that another government agency would be a better fit for your complaint, they’ll forward your complaint to that agency and let you know. Sometimes the agent will reach out to the business before they talk to you. In that case, they’ll brief you on the business’s response (if any) and let you know what your next steps should be.
Not all states offer mediation, but in those that do, an agent evaluates your complaint and decides if your dispute would be appropriate for mediation. If they decide it would, they’ll contact you and go over the next steps. Typically, the mediator will pass on your complaint to the business and give them 30 days to respond. Then, they’ll pass on the business’s response to you and give you 30 days to respond back. Mediation is non-binding and voluntary, but most businesses are willing to participate in the process because they want to show the AG’s office that they’re cooperative.
Even if you manage to resolve your issue on your own, a detailed report of your experience can help the AG’s office understand illegal business practices happening in your community. If you hear of anyone else who had a similar issue, particularly with the same business, refer them to the state AG as well. The AG’s office can start building evidence of a pattern of illegal business practices by a specific business.
Businesses value their BBB rating, which is partially determined by their record of resolving complaints. This means if you get the BBB involved, the business might be more willing to work with you.
Since the AG’s office can’t represent you or file a lawsuit on your behalf, small claims court is a way to protect your own rights. Small claims courts typically can’t order the business to do something—they only handle monetary claims. So, for example, you could get your money back from a contractor who did a shoddy job remodeling your kitchen, but you couldn’t get the court to order them to finish or repair the job.
Your rights: What protections do you have under your state’s law? Do you have the right to sue the business over the dispute? Your potential remedies: What could you get if you won a lawsuit? What are the odds of you winning an award or settlement? Their experience: How many cases have they handled that were similar to yours? What were the outcomes of those cases? Their compensation: Do you need to pay them upfront, or will they work on contingency, taking a percentage of any settlement or award?
The FTC mainly deals with businesses that engage in fraud or other deceptive practices, such as scam artists and telemarketers. But the agency encourages all reports, even if you don’t think your problem fits into those categories.
