Consumer Services

Consumer Action

• No "Timeshare" Left for You
• FAQ -- Where is my computer?
• Mediation Results

No "Timeshare" Left for You
Ms. R entered a radio contest and won a "free" trip to Cancun, Mexico. Upon arrival at her hotel in Cancun, Ms. R was surprised to learn that the free stay required her attendance at a one hour timeshare presentation. Ms. R agreed to attend the presentation and actually purchased a timeshare for $6440. However, after some time, Ms. R believed that all of the terms and conditions, of the contract, had not been shared. 

When Mrs. R tried to book a vacation at her timeshare, she discovered that the 15,000 points per year she purchased were not enough to cover a week's vacation as indicated by the salesman. In addition, she learned that there was a year wait for availability, at her timeshare location of choice.

After unsuccessfully attempting to deal directly with the travel club, Ms. R contacted the Miami-Dade County Consumer Services Department Mediation Center to share her experience and seek assistance with obtaining a refund. Prior to contacting the Mediation Center, Ms. R had complained to the Federal Trade Commission, Better Business Bureau and the governmental regulatory agencies for time shares in the U.S. and Mexico. 

Over time, the Mediation Center had numerous contacts with the travel club's quality assurance team.  The Mediation Center's investigative and negotiation efforts resulted in the travel club issuing Ms. R a full refund in the amount of $6440.  

When reviewing any document it is important to read it in its entirety, especially the fine print. Before agreeing to freebies associated with timeshares or attending a presentation, do your research. Contact your local Consumer Protection Agency to verify that you are dealing with a licensed and reputable company.  

Do not make a hasty decision to purchase in a high-pressure sales situation. If you feel that you are being pressured and do not have enough time to thoroughly review the contract, walk away. Take your time, ask a lot of questions, get the contract amended to include any promises made by the salesperson, and make sure you thoroughly understand and agree to all the terms before signing.

FAQ -- Where is my computer?
While on vacation, Mr. J purchased 12 computers from a local electronics store. The merchant agreed to have the computers shipped to Mr. J's home in Colombia. Based on the dollar value of Mr. J's purchase, the merchant allowed him to select any item in the store as a free "gift." The merchant provided Mr. J with a receipt. This receipt would become problematic for Mr. J in that it only listed the "gift" and the total amount paid.

After several months, Mr. J had not received the computers. He made numerous inquiries and unsuccessful attempts to secure delivery. The electronics store advised Mr. J that the computers had been shipped but were being held by Colombian Customs. Mr. J was not able to confirm his information with Colombian Customs. Feeling like something was offline, Mr. J returned to South Florida.

When Mr. J returned to claim the computers, the merchant refused to acknowledge that Mr. J had in fact made the purchase. The merchant contended that Mr. J's receipt only identified the "gift" item and the amount paid, and he had no proof of ever purchasing computers.

Not knowing where to turn for help, Mr. J contacted the City of Miami Police Department (MPD). The MPD contacted the Mediation Center for assistance. The cooperative negotiating tactics employed by the Mediation Center and the MPD resulted in Mr. J receiving a full refund.

Always get a detailed receipt for all of your purchases. Receipts should clearly identify the business including the business' name, address and phone number. Every item purchased should be individually listed on the receipt along with the corresponding price.  

If you plan on making a major purchase while on vacation, research local businesses and product prices in the region prior to making your purchase. If you plan on having your merchandise delivered after your departure, make sure to get the merchant's shipping and return policies in writing.

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.

• In April of 2005, a consumer paid a 10% down payment to a developer for a pre-construction home. After several years, the developer had yet to begin construction. During the period of inactivity, the consumer made numerous attempts to obtain a refund of her down payment. In August of 2008, she contacted the Mediation Center for assistance. The Mediation Center was able to negotiate a full refund in the amount of $38,900.
• In May of 2007, a consumer signed a contract with a national home center for the purchase and installation of impact resistant windows for his home. During the course of the project, windows of the incorrect size and color were delivered on several occasions and had to be returned. In addition, the subcontractor performing the installation went out of business. As a result, the project came to a halt for several months. The consumer contacted the Mediation Center to determine if something could be done to move the project to completion. The Mediation Center was able to persuade the national home center to expedite completion of the project and provide the consumer with a 50% discount off the price of the contract. The discount resulted in an $11,965 savings to the consumer.  
• A consumer received a $9,799 cell phone bill from a national wireless communications service provider. The consumer made several unsuccessful attempts at disputing the charges with the service provider. The Mediation Center was able to get the service provider to perform a comprehensive review of the consumer's account. The review identified an erroneous entry by the service provider to the consumer's account. The service provider credited $9,799 to the consumer's account and included a month of free service.
• A consumer contracted with a local moving and storage company to have $10,000 worth of furniture stored while she completed her relocation to another state. The consumer had been making monthly payments for the storage of her belongings. Upon attempting to retrieve her belongings, the consumer learned that the company she had contracted with had gone out of business. She also learned that the company with whom she had contracted was renting storage space from a third party. The third party storage provider refused to release her belongings because the original moving and storage company had not paid the monthly storage fees. The Mediation center was able get the owner of the original storage company to pay the past due storage fees, resulting in the release of the consumer's belongings.
• A consumer traded in his vehicle toward the purchase of a new vehicle from a local automobile dealership. The consumer financed the remaining balance of $28,000. A short time later, the consumer made the determination that the vehicle he purchased had been overpriced. He wanted to return the vehicle, get his trade-in back and have the financing contract cancelled. The dealership was unresponsive to his request. The Mediation Center was able to negotiate a return of the new vehicle to the dealership, a return of the consumer's trade-in from the dealership and a cancellation of the finance agreement.   

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 submit a complaint online at www.miamidade.gov/csd.

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