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Fearless Consumer Column Archive

Being the Tough Customer

BY ALAN ZIMMERMAN
TOUGH@READTHEHOOK.COM
I have only recently become a Tough Customer. Prior to this, I was simply a customer.

My predecessor, Barbara Nordin, who wrote as “the Fearless Consumer,” pretty much owned this beat in Charlottesville, and justifiably so. Between her work for the Hook and another publication before that, she wrote hundreds of columns. As of this writing, I have just completed my ninth.

In my short time writing about consumer issues, I have learned that there are typically multiple sides to every dispute, and rarely is the dispute itself black and white. With that in mind, I have come to believe, first and foremost, that as consumers we owe it to ourselves to be educated, not in book smarts (although that is important also), but in understanding both our rights and obligations in our commercial transactions with others. While education obviously helps us be better consumers, any legitimate businessperson will also tell you they prefer a knowledgeable consumer to an unknowledgeable one, because there are way fewer hassles and opportunities for misunderstandings.

Of course, we gain such knowledge from our own experiences, but we can also learn from the experiences of others.

I see the "Tough Customer" column as an opportunity to write about these experiences in a way that readers can use them both to resolve their own disputes and, better yet, to avoid problems altogether.

But I also believe an important aspect of the press in general, and consumer-oriented journalism in particular, is shining a light, where appropriate, on unfair and unprofessional practices of businesses that operate in our area. Punishment is not my job, but I seek to fully inform those who do business with those establishments in question. An ounce of prevention, as the saying goes, is worth a pound of cure.

The best way to do this is by telling stories. More often than not, people tend to write me when they are at the end of their rope in some dispute, or in the hopes of exacting some measure of revenge or public vindication (even if the resulting story is sometimes just the opposite!). I would encourage people, however, to share a wider range of their consumer experiences, the good as well as the bad. Stories of customer service that go above and beyond the call can be just as informative as cautionary tales of wrongdoing and conflict.

In preparing a story, I will seek to interview all of the principles involved. If available, I will also rely heavily on documentary evidence. In fact, if I have one piece of advice to offer, it is whenever you sense a dispute is building, start to put everything in writing. If you have a contentious encounter or phone call regarding, say, the return of a defective item, or a contractor’s shoddy work at your home, follow it up with a letter or email stating something to the effect of, “This is to confirm our meeting/telephone call in which you blah blah blah…” Later on, when memories turn
fuzzy and recollections clash, you’ll be happy you did so.

I actually have a second piece of advice to offer. While many disputes involve an actual factual issue that requires either compromise or third-party resolution of some kind, so many disputes seem to revolve around nothing more than the perception of each party that the other was nasty or inconsiderate. So I would say, whether you are a consumer who feels wronged or you are on the other side of the counter dealing with an upset consumer, to remember to be, in the words of Bill from Bill and Ted's Excellent Adventure “excellent to each other.”

If you find that's not the case, drop me a line.

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Consumer tips

State Office of Agriculture and Consumer Services- a wealth of info and complaint forms. 804-786-2373

Office of Attorney General- investigates major statewide scams. 804-786-2071

Better Business Bureau- closest one is in Richmond. (local line: 971-3707; long-distance: 804-648-0016)

Department of Professional and Occupational Regulation- the state body that yanks licenses of unscrupulous contractors. 804-367-8500

State Corporation Commission- takes a dim view of regulated utilities giving consumers the run-around. 800-552-7945.

Legal Aid Society- helps low-income citizens with housing, public benefits, employment, consumer protection, and problems concerning the rights of children and the elderly. 977-0553 or (clients only) 800-578-8111

The Virginia Poverty Law Center- Lawyers there will fight for your rights. 804-782-9430

Virginia Citizens Consumer Council- Like Ralph Nader, this non-profit wants to help consumers, but without presidenial aspirations. 804-344-4321

Certified mediators- can be found by asking around or checking with Focus, the women's resource center (293-2222), or the yellow pages.

-->>See our Real estate section for more tips.

If all else fails...."small claims court"
In Virginia, General District courts have exclusive authority to hear civil cases with claims of $3,000 or less and share authority with the Circuit courts to hear cases with claims between $3,000 and $15,000. Examples of civil cases are landlord/tenant disputes, contract disputes, and personal injury actions. The clerk can explain the procedures for filing.

Not sure who to sue? Find a company through the SCC by calling 804-371-9733.

-->>See our Courts rundown in the Government section

HookTip
Quite often, problems start to disappear when the Hook's own Tough Customer looks into a story. Drop him a line.

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