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Making An Effective Complaint

Cathy came to me recently fuming with a serious complaint. Whenever she goes to restaurants, she asks if there are peanuts or peanut oil in the food before she orders it. She's extremely, life-or-death, allergic to peanuts. After the restaurant told her that the food had no peanut products, she dug into her chicken salad. Within minutes, her tongue and lips were swollen and she was on her way to the emergency room for treatment.

She's going to lodge a complaint with the restaurant. She's really angry about what happened to her and she's scared that it will happen to someone else, perhaps even a child.

Cathy wants her complaint to be effective enough that it will actually change the way that the restaurant respects customer needs!

Using a Complaint to Effect Change

  • Relax as much as you can and review the problem unemotionally. What happened? Why did it happen? What went wrong?
  • Decide how you want the situation resolved. If you just go in with a complaint and no request for specific action no real change will occur. Do you want compensation for what happened to you? Cathy does! She wants them to reimburse her out of pocket medical expenses and pay her HMO for the treatment she needed. Collect the bills you've paid and any estimates to fix outstanding problems. She also wants them to hold a national training for their chain providing information about the serious nature of food allergies. She'd like them to have basic medical response training, too.
  • Who should you complain to? You've got to find who has the ability to say "yes" to your proposed remedies. In Cathy's case, the restaurant manager gave her a hurried apology and then left the company. In any case, he wasn't able to make any real changes.
  • Cathy called the district manager for the chain. He claimed it was an accident and she agreed, but he couldn't make any systematic changes on his own. Cathy asked for a referral and he gave her an introduction to the company's Chief Operations Officer.
  • If you can't get information by being polite and persistent, use public information to find out who can make a decision. In addition to the chief operations officer, other good choices would include the Chief Executive Officer or Vice President of Marketing.
  • Do you bring a lawyer into it? That's up to you. It can get the company to treat the action more seriously but it might also lead to them dragging their heels and covering their butts. Some cases warrant having a lawyer protect and help you through the process.

Tips

  • Be polite, calm and friendly. You don't have a problem with the person with whom you're speaking, you have a problem with something that happened. You need their help to get it resolved well.
  • If you paid by credit card and the situation is unresolved, notify your credit card company within 60 days that you dispute the charge. You do not have to pay the disputed part of the bill while it's being investigated but you must pay for any services or products that are not subject to disagreement.
  • Give a brief and clear statement of the problem. Include date and location, model and serial numbers if it has them. Know who sold you the product or performed the service.
  • Keep a log of with whom you've discussed the problem, from your first contact. Include date, time, items discussed and disposition of the problem. Did they offer to fix the problem? Did they refer you to someone else?
  • Keep a record of all phone calls, mail, email, etc. When you mail them something, pay for a return receipt request with the Post Office. Keep a file, in chronological order, of the complaint with all supporting documentation.
  • Never give the company your original documents. Always give them copies of the documents.
  • Ask for specific remedies. Don't hem and haw and see what they'll offer besides an apology. Be reasonable with your requests.
  • Send a follow-up letter talking about the resolution. Include appropriate thanks for the people that you dealt with in moving to resolution.
  • Continue to be polite, calm and friendly.

Still Unresolved?

You've got a number of ways to get satisfaction. You can complain to your local government or your state's Attorney General's office.

Call the Better Business Bureau. Find if there is a mediation or arbitrage program that the business you were dealing with has agreed to work through. You can file a claim in Small Claims Court. If the problem is really worth the expense, you can get a lawyer involved.

One of my favorite referrals is to Denver-based consumer advocate Tom Martino. He handles complaints all over the country and has gotten some pretty amazing resolutions. He recovers millions of dollars for customers each year. Find his site at: http://www.troubleshooter.com/.

-Cindy Nemeth-Johannes

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