Consumer Services

I'm Bob - No Pants

Robert dropped off several articles of clothing at a local Dry Cleaner for cleaning.  He returned to pick up the clothing, paid his bill and went home.  A few days later, while unwrapping the dry cleaned articles of clothing, he noticed that one pair of pants was missing. 

Robert returned to the Dry Cleaner to explain the situation and pick up his missing pair of pants.  The Dry Cleaner looked for the pants, but was unable to immediately locate them.  The Dry Cleaner agreed to continue looking, but explained to Robert that he had accepted and paid for the dry cleaning several days ago.  If the pants were not found, the Dry Cleaner was not willing to accept responsibility.

After a period of time, the Dry Cleaner contacted Robert indicating that they were not able to locate his pants.   Robert explained that the pants were relatively new and cost in excess of $100.  He requested that the Dry Cleaner reimburse him for the missing pants.  The Dry Cleaner denied his request, offering their apologies.  Feeling like he had been hung out to dry, Robert contacted the Mediation Center to clean-up his situation.

The Mediation Center contacted the Dry Cleaner and was able to negotiate a $75 reimbursement for the missing pants.  During the mediation, the Dry Cleaner explained that they do have a reimbursement policy for lost or damaged items posted at the pick-up counter.  However, because Robert accepted and paid for his dry cleaning without making mention of the lost pants until days later, they were initially not willing to reimburse him in accordance with their policy.

The Miami-Dade County Dry-Cleaning and Laundering Ordinance does provide consumers with a period of thirty (30) days after receipt to notify a cleaner in writing of any claim for loss or damage resulting form the cleaner's performance.  The Ordinance also requires cleaners to thoroughly investigate each claim and object to or satisfy the consumer's claim within thirty (30) days after receipt of the claim.   However, the Ordinance does not require the cleaner to fully or partially reimburse consumers for lost or damaged items just because a claim was submitted.

If a dry cleaner acknowledges that they lost an item then dry cleaner is responsible for replacing the item.  However, the situation becomes more problematic when there is not definitive proof that it was the dry cleaner that lost the item.

Consumers should request a receipt that specifically identifies the items that were dropped off to be cleaned.  Upon returning to pick up the items, the consumer should verify that all of the items that were dropped off are included in what is being picked up.  This should be done before leaving the dry cleaners.

A Deposit, No Return

After approximately one (1) month, Ms. D contacted the property management company regarding the return of her security deposit.  The property management company was unresponsive to Ms. D's initial request to return her security deposit.  Subsequently, the property management company denied her request indicating that they were withholding the deposit to cover repairs that had to be made after she vacated the apartment.  Feeling like she was at the point of no return, Ms. D contacted the Mediation Center to gain access to her security deposit.

The Mediation Center contacted the property management company to gather information regarding their refusal to refund Ms. D's security deposit.  The property management company restated their justification for keeping the deposit.  Using their knowledge of Florida's Landlord Tennant Statute, the Mediation center was able to negotiate the complete return of Ms. D's $1,600 security deposit.  The property management company had not met the notification requirements for retaining the security deposit.    

Florida law requires a landlord to either return the security deposit within 15 days of termination of the lease, if the landlord does not intend to impose a claim upon the security deposit; or justify in writing by certified mail, to the tenant's last known mailing address within 30-days upon termination of a lease, as to why they are keeping a portion of, or all of the deposit. If the notice is not sent as required within the 30-day period, the landlord forfeits his/her right to impose a claim upon the deposit, unless the tenant fails to give proper notice prior to vacating.

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 local consumer paid $3,500 to an out of state furniture store for a living room set.  After three (3) months, the furniture had not been delivered.   The Mediation Center was able to negotiate the delivery of the furniture prior to the furniture store going out of business.
• A consumer purchased wood flooring from and contracted for installation through a local flooring retailer.  After many unreturned calls to the flooring retailer regarding the scheduling of the installation, the consumer wanted to cancel the contract. The Mediation Center was able mediate a cancellation of the contract and the return of the consumer's $1,500 deposit.
• A consumer purchased a computer from a local on-line retailer.  After waiting two (2) months for delivery, the consumer attempted to cancel the purchase.  The merchant was not receptive to the consumers request to cancel the order because the item was on back order.  The Mediation Center was able to obtain a full refund in the amount of $1,260 for the consumer. 
• Two consumers were dissatisfied with an airline's restitution offer for a lost luggage claim.  The consumers were forced to spend their entire two-week vacation in South America without luggage that has yet to be located.  To the complete satisfaction of the consumers, the Mediation Center was able to mediate a reimbursement package valued at $1,700 including roundtrip air fares and monetary reimbursement.
• A consumer contracted with local roofer for a complete roof replacement.  After thirteen (13) months and two payments the roof had not been installed.  The Mediation Center was able to obtain a full refund of the consumer's two payments equaling $11,894. 

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.