Complaint Process

If you have a complaint | Filing a Complaint
Formal Actions | Mediation Process
Other Sources of Assistance

If you have a consumer complaint...
Few things are more frustrating than paying hard-earning money for a product or service only to discover it doesn't measure up to promises or expectations, or that it is just a plain rip-off. When that happens, consumers rightfully expect to have the problem resolved or their money returned.

Even careful buyers get stuck now and then. If it happens to you, you will want to know how to proceed to get the best results...

First, Contact the Business
Take your problem to the salesperson, manager or the company's customer service representative. Most problems are resolved at this level. If you are still not satisfied, contact the owner or the company's headquarters.

Filing A Consumer Complaint with the Jacksonville Division of Consumer Affairs
If the business will not resolve a problem directly, consumers can file a complaint with the Jacksonville Consumer Affairs Division. The complaint should explain in detail, with documentation, what the problem is, who it is with, what you have done and what you want. In particular it should:

Identify the Business. Include the name and current address of the business. We will not be able to help very much without the firm's current address.

Describe the Problem. Describe as completely as you can the problem with the product or service you have purchased.

  • Were you told something that was untrue?
  • Describe what you were told and how it was untrue.
  • Is it defective?
  • Explain what is wrong.
  • Did the business refuse to honor a warranty?
  • Explain what needs repair and include a photocopy of the warranty.

    Explain What you Want. Explain what you want the business to do: how much money should be refunded or exactly how you want a product fixed or a service performed.

    Include Photocopies. Always include photocopies of documents relevant to your complaint receipts, warranties, both sides of canceled checks, contracts, etc. Do not send originals. Only send copies, except upon request of the agency to which you are making your complaint.

    If you file a complaint with our office, please understand the following:

    We may refer you to another agency. Part of the Division's responsibilities is to act as the central coordinating agency and clearinghouse for receiving complaints in the city and we often refer complaints to other agencies. The state or federal agency will have more expertise and/or will be better equipped to service your complaint than our office in certain categories. For example, within the Department of Business and Professional Regulation, there are over twenty professional service regulatory boards that oversee those licensed to practice in that profession, ie..Real Estate, Contractors, Burial Services. In such a case, we refer the complaint to the agency best able to help.

    By law, the Division of Consumer Affairs cannot make a business satisfy your complaint. Our goal with mediation is to encourage informal solutions to consumer complaints. To that end, we will make the business aware of your complaint and attempt to mediate a solution whenever possible. We offer this process as a public service, and we must rely on the voluntary cooperation of both the business and the consumer to resolve disputes.

    We cannot act as your private attorney. Our specialists are not attorneys and cannot give legal advise or opinions . If you feel that you need legal advice, you will have to turn to another source such as a private attorney, legal aid society or other organization.

    Formal Actions
    Formal actions can only be brought against a business when a violation of Florida Statute, Chapter 501, The Consumer Protection Law has occurred. Formal actions cannot be brought whose only purpose is to satisfy a complaint when there have been no violations of the Florida Consumer Protection Law. Our office can request that formal actions be brought, through the State Attorney's office, against companies that violate Florida's Consumer Protection Laws, however, we file these actions primarily to protect the public interest. Whether formal actions are brought depends on several factors:

  • Severity of the case in terms of economic loss or the number and gravity of law violations
  • Possibility of halting a fraudulent scheme quickly
  • Extent to which consumers will benefit from public enforcement
  • Likelihood of collecting penalties and restitution from the business

    Formal actions might not recover money for consumers. Even if we sue a business against which you have made a complaint, we may not be able to recover any money for you.

    For example, the company's practices may have affected so many people that it is impossible to prove each person's damages. A company facing a lawsuit may go out of business and the owners may not be found, or they may not be held legally responsible. Finally, a company may have used or hidden its money and other assets, leaving nothing with which to repay consumers.

    In these, and other less frequent examples, we may request formal actions to stop practices even though we know we will be unable to recover consumer's money.

    How Our Mediation Process Works
    After we process the new complaint, and determine how it is to be handled, we will then send a letter asking the business to respond to your allegations. You will receive written notice of the decision as well as a copy of the response from the business.

    If at any time we need more information, we will contact you. If you need to provide us additional information, please do so in writing.

    If your complaint is referred to another agency, we will advise you of that referral. In any event, we will keep your complaint on file so that we can monitor the complaint history of a business and give out that information to consumers who inquire.

    Company Moved or Out of Business
    Perhaps the most frustrating consumer complaint is one against a company that is out of business or that has moved without leaving a forwarding address. It is almost always impossible to resolve. Even agencies that assist consumers may not have the resources to find these companies.

    In some rare instances, consumers may recover some of their money if the company has filed bankruptcy. To have any chance, you must file a "proof of claim". Bankruptcy cases can be very complex, so you may want to hire an attorney to help you - especially if your claim is large.

    Sources of Assistance

    If You Need An Attorney
    If you cannot resolve your complaint, or it involves a large amount of money, you may want to hire a lawyer.

    Private Attorneys
    If you do not have an attorney and think you will need one contact the Attorney Referral Service in Jacksonville at 354-0011. They will recommend local attorneys who may be able to assist you.

    Legal Aid or Legal Services
    Some legal aid is available to aggrieved consumers who cannot afford to pay for it. If you fall into this category, you should call The Legal Aid Association at (904) 356-8371 for information.

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