|
Taken for a Ride
After being involved in an accident, Ms. L took her vehicle to a licensed body repair shop to have her vehicle repaired. The shop provided Ms. L with an estimate of $6,900.00 to repair the damage. Ms. L agreed to the estimate and authorized the repairs. The shop repaired the vehicle.
After arriving at the shop to pick up her vehicle, Ms. L indicated that the rear end had not been repaired to her satisfaction. The shop's response was that the repairs had been completed according to the estimate and that it would require more time and money to complete the repairs to her liking.
Ms. L took her vehicle to another shop for an estimate on the repair work that she wished to have done. She received an estimate for $4,000.00. Subsequently, the paint job associated with the original repair began to crack and peel. Feeling like she had been taken for a ride, Ms. L contacted the Mediation Center to repair her situation.
Mediation Center staff along with Motor Vehicle Repair Enforcement staff investigated Ms. L's situation to determine the most appropriate course of action. While it was determined that the vehicle had been repaired according to the estimate, the issue of the cracking and peeling paint remained. Additionally, staff questioned why the estimate was only for a partial repair when industry standards indicate that a full repair should have been estimated. Ms L would then be able to choose how much of the damage she wanted repaired.
The Mediation Center contacted the shop with the findings of the investigation and arranged a mediation to arrive at a mutually agreeable resolution. After some negotiating, the shop agreed to provide Ms. L with a check for $4,000.00 to have her vehicle repaired at the shop of her choice. Ms L felt like she was in the fast lane to having her vehicle repaired to liking.
Motor vehicle repair shops are required to provide written estimates for the work to be performed on a vehicle and the customer must authorize that work before it commences. It is important for customers to know what work is going to be done and the price for that work (including parts, labor and associated fees). Make sure you get a written estimate each and every time service or repairs will exceed $100.00. If you are not familiar with the terminology in an estimate, ask for clarification. Please see our article in this edition of ConsumerWise regarding motor vehicle repair tips.
TOP
I Need My Space
Mr. C purchased a living room set from a large retail furniture store for $1,800.00. After the furniture was delivered, Mr. C determined that the furniture was too large for the space that it was intended. Mr. C contacted the furniture store to make arrangements for the furniture to be returned. The furniture store responded to Mr. C stating that, "upon acceptance of the merchandise, all sales are final, non-cancelable, non-refundable, non-exchangeable, non-returnable, or subject to credit or reselection." Feeling cramped, Mr. C contacted the Miami-Dade County Consumer Services Department Mediation Center (The Mediation Center) to help him make some space.
The Mediation Center contacted the furniture store to discuss Mr. C's situation. The store explained their refund policy and indicated that it was posted as required by law at the point of purchase. The store went on to explain that Mr. C could have canceled the order at anytime prior to acceptance without a problem. A Consumer Protection Enforcement officer was dispatched to the store to verify that the no-refund policy was conspicuously posted.
The Mediation Center made a final attempt to negotiate with the store. As a result, the store agreed to allow Mr. C to return the furniture for store credit and reselect items with which he would be satisfied. Mr. C was ecstatic that the Mediation Center found room for negotiation and his furniture.
Every retail establishment in the State of Florida offering goods for sale to the general public that does not offer a refund or exchange of merchandise must post a sign stating so at the point of purchase. Failure of a retail establishment to post such a sign means that a refund or exchange policy exists, and that the policy must be provided in writing to the customer upon request. Any retail establishment failing to do so is required to grant to the customer, upon request and proof of purchase, a refund on the merchandise within 7 days of the date of purchase.
Before you make any purchase that may require a refund or exchange it is important to determine what, if any, return policy exists. After making that determination, be sure to thoroughly familiarize yourself with the conditions of the policy and get it in writing!
TOP
Mediation Results
The Mediation Center receives and processes consumer complaints, mediates disputes between consumers and businesses, issues civil citations when a business operator violates the law and makes consumer education and awareness presentations to civic and business organizations as well as schools.
The mediation of disputes, between consumers and businesses, often-times results in the parties agreeing to some sort of monetarily measurable adjustments such as full refunds, partial refunds, or services being provided at no additional cost. Below is a sampling of the various types of situations and resolutions that were mediated during this quarter.
-
A consumer paid a local contractor to have hurricane shutters installed. Several months had passed and the contractor had not begun installation. The Mediation Center was able to negotiate the installation with materials and services being valued at $7,400.00.
-
A consumer purchased and financed a used automobile through a local independent dealer. Shortly after the purchase, the consumer began experiencing problems with the vehicle. The Mediation Center was able mediate a return of the vehicle with the cancellation of the remaining financing valued at $5,856.00.
-
A consumer was being billed by a national home center, through a revolving credit account, for renovations that never took place. The Mediation Center was able to have the account cleared and collection efforts ceased. The account balance at the time of clearance was $4,074.00.
-
A consumer purchased a computer with a three year warranty from a national computer product retailer. The consumer began experiencing a problem with the computer. The retailer unsuccessfully attempted to repair the problem on three (3) separate occasions. The Mediation Center made arrangements with the computer manufacturer for a complete replacement valued at $2,150.00.
-
A consumer was having difficulty obtaining rebates for purchases of electronics products through an on-line retailer. The rebate processing company indicated that the consumer had not submitted all of the required information to obtain the rebates. The Mediation Center was able to identify what information was missing and negotiate an extension of the deadline for submission. The consumer eventually received the rebates valued at $675.00.
The Mediation Center assists with a variety of different types of complaints. If you have a complaint, problem or need information, attempt to work it out directly with the firm or individual involved. If you are unable to resolve the issue contact the Mediation Center at (305)375-3677 or consumer@miamidade.gov.
TOP |
