Protest and Complain to Receive a Refund

When you are unhappy with goods or services, you should protest and ask for a refund. Find the receipt and explain to the merchant why you are unhappy with their goods or services. If necessary, work your way up the chain of command, starting with a clerk and then asking to speak to a supervisor. Even if the store won’t issue a refund, you have options. You may be able to mediate the dispute or ask your credit card company for a chargeback.

Steps

Sample Letters of Complaint

Doc:Protest Letter to Manager,Protest Letter to Corporate Office,Protest Letter About Shipment

Complaining to the Business

1. Identify why you are unhappy. Before complaining, you should know why you are unhappy with the product or service you received. Why you want a refund will potentially determine whether you get one.
   • Was the product defective? If so, the merchant should give you a refund.
   • Was the product not as advertised? If so, you should get a refund.
   • Did you simply change your mind? If so, then whether you get a refund will depend on the store’s policies. However, in the U.K., you have up to 14 days to change your mind if you purchased something online or over the phone.
2. Contact the business. Call up the business or visit and tell them that you are unhappy with the product or service. If necessary, you can send an email instead of calling on the phone. Don’t delay, since some retailers have time limits on returns (e.g., 14 days).
   • Be clear with your complaint. State why you are unhappy. For example, you can say, “This coffee pot doesn’t work.”
   • Also state you want a refund. The company might try to give you something else, such as store credit, if you aren’t clear.
   • Realize that the first person you speak to might not be able to help you. Chances are they are reading from a script and have limited authority to give refunds.
3. Work your way up the chain of command. Ask to speak with a supervisor if a clerk can’t help you. Politely tell the clerk, “Is there someone else can I speak with?” Wait patiently for the clerk to get the supervisor or manager.
   • Explain again that you want a refund and why. Be consistent with your story. Don’t tell one person one thing and then tell another person something else.
   • When you complain, be as brief as possible. Longer stories sound suspicious.
   • Write down the name of every person you speak to and provide a short summary of what they tell you.
4. Remain polite but firm. You will get the best results if you avoid becoming too angry. Nevertheless, you should remain firm in your convictions. Remind yourself: “I have the right to quality service” and don’t let a “No” scare you away.
   • Avoid personal insults or any complaint that you spend a lot of money at the store. Staff is unlikely to take you seriously, and you may be escorted from the premises.
   • Calm yourself, if necessary. It helps to remember that the clerk you talk with probably would like to help you but doesn’t have the power.
   • If possible, try to show empathy to the person on the other end of the phone. You can say something like, “I bet you’ve had plenty of people complain today.” The clerk may see you as a friend and go the extra mile for you.
   • You might strike out and not get a refund. If so, thank the person you have spoken with and plan your next move.
5. Learn your rights. Your rights will depend on the law where you purchased the item. Before going any further, you should analyze whether you have a right to the refund. Consider the following:
   • Did the store have a return policy? It should have been clearly stated, either on a sign in the store or on your receipt. Check to make sure. Some retailers won’t allow returns unless the item is defective.
   • Does your law allow the seller to provide the service again instead of giving a refund? This is the law in the U.K. unless it’s impossible to provide the service again, or it would take too long or otherwise be inconvenient.
   • Is there a warranty? If so, take it out and read whether the defect is covered by the warranty.
   • Does your state have automatic warranties? In the U.S., every product you buy is guaranteed to work as you would expect it to. Also, it must work as promised if you bought it for a particular purpose.
   • Did the seller disclaim warranties? For example, they may have sold the goods “as is.” If so, you might not have the right to a refund, depending on your state.
   • Did the seller lie to you? This is very different than purchasing defective goods or inadequate services. When someone lies, they have committed fraud and you can sue for any financial injury you have suffered.
6. Write a letter of complaint to the business. If you can’t get help over the phone or in person, you should write a letter to the business. Remember to get to the point. If you have the legal right to a refund, mention it in the letter.
   • In the U.S., the Federal Trade Commission has a sample letter you can use. It is available here: https://www.consumer.ftc.gov/blog/how-write-effective-complaint-letter.
   • In the U.K., you should use a sample letter provided by Citizens Advice, which is available here: https://www.citizensadvice.org.uk/consumer/template-letters/letters/problems-with-services/letter-to-complain-about-the-poor-standard-of-a-service/. This letter is for services or goods you purchased after October 1, 2015.
   • If you live in a different country, remember to include the following information in your complaint letter: details about the purchase (date, amount, etc.), why you are unhappy, and what you want (a full refund).
   • When you mail your letter, request a signed receipt. Always keep a copy of the letter for your records.
7. Contact the manufacturer instead. You might need to notify the person who manufactured the product. You can find the phone number on the product’s packaging or on the receipt. You might also need to go online to check the number.
   • Tell the manufacturer what is wrong with the item and when you purchased it. Also ask for a full refund.

Using Other Methods

1. Dispute the charge with your credit card company. If you paid with a credit or charge card, you should contact the company and tell them what happened. You may be able to get a “chargeback.” In effect, a chargeback undoes a credit card transaction. Generally, you must meet the following requirements:
   • The charge must be for more than $50.
   • You must have bought the item in the state where you live or within 100 miles of your mailing address.
   • Larger credit card issuers will waive both of the above requirements.
   • Call up your credit card company (or visit online) immediately. You can’t get a chargeback once you pay your bill.
2. Consider mediation. The business might be willing to attend mediation. In mediation, you meet with a mediator, who is a neutral third party who listens to both sides. The mediator doesn’t act as a judge. Instead, they guide the discussion and try to get each side to compromise.
   • If you would like to mediate the dispute, then mention this fact in your complaint letter to the company.
   • Your Attorney General’s Office might have a mediation program you can use. Check their website.
3. Pursue arbitration. Arbitration is like a trial. Each side presents information to an arbitrator instead of a judge, who decides the case. The TV show “Judge Judy” is arbitration, though she dresses up like a judge (and used to be a judge in real life). The business might be willing to arbitrate the dispute.
   • Typically, you sign an agreement to arbitrate. As part of the agreement, you waive any right to bring a lawsuit or appeal the arbitrator’s decision.
   • You might have already agreed to arbitrate a dispute when you purchased the product or service. Check your receipt and other paperwork that you received. Look for any arbitration or dispute provision.
4. Sue in small claims court. Each state has a small claims court which hears cases for a low dollar amount. The dollar limit varies, depending on the state. For example, Alaska has a $10,000 limit, whereas Arkansas has a $5,000 limit.
   • Small claims courts are ideal for people who don’t have a lawyer. Typically, the process is streamlined and you can use pre-printed forms for court filings.
   • If you have a big claim against a business, you should consider suing in regular civil court. Contact a lawyer to discuss your options. Civil court cases can be drawn out, but you can win more money.

Spreading the Word About Scams

1. Complain to the Better Business Bureau. Complain to the BBB in the city where the merchant does business. You can find the address by visiting the BBB website here: https://www.bbb.org/. Search for the business by name.
   • Provide details about the dispute. BBB will send a copy of your complaint to the business. Your complaint will also be posted on the BBB website.
   • You can’t complain anonymously. Instead, you must provide your name, address, phone number, and other contact information. For this reason, always use appropriate language in your complaint.
2. Contact a consumer protection agency. Your state or city may have a consumer protection agency. These agencies investigate consumer complaints and can enforce an violation of consumer protection laws.
   • You can find your nearest agency by visiting this website: https://www.usa.gov/state-consumer. Select your state from the drop-down box.
   • The agency can sue or bring another enforcement action against the retailer.
3. Complain to the Attorney General. If someone committed fraud, then you should complain to your state’s Attorney General’s office. You can find the phone number online. There may also be an online complaint form.
   • The Attorney General won’t represent you in a lawsuit. However, they can investigate the business and bring an enforcement action if necessary.
   • The Attorney General also shares information with other enforcement agencies so that they can find and catch scammers.
4. Report fraud to other government agencies. Many agencies gather information on fraud. You should file complaints with as many as necessary. For example, consider contacting the following:
   • Federal Trade Commission. You can report scams using the FTC’s Complaint Assistant.
   • econsumer.gov. You can report international Internet fraud to this website: https://www.econsumer.gov/en/Home/FileAComplaint/1#crnt.
   • IC3. The Internet Crime Complaint Center accepts complaints about Internet fraud. Either the victim or a third party can file a complaint.

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