Comments on: Alert: Another bill would strip consumers right to know about current and past complaints http://ilind.net/2012/01/30/alert-another-bill-would-strip-consumers-right-to-know-about-current-and-past-complaints/ Ian Lind • Online daily from Kaaawa, Hawaii Fri, 25 May 2012 02:27:06 +0000 hourly 1 http://wordpress.org/?v=3.3.2 By: Stathie Prattas http://ilind.net/2012/01/30/alert-another-bill-would-strip-consumers-right-to-know-about-current-and-past-complaints/comment-page-1/#comment-34916 Stathie Prattas Thu, 02 Feb 2012 05:37:36 +0000 http://ilind.net/?p=8759#comment-34916 Gene is correct. Licensed professionals are people too, and are guaranteed equal protection under the law ( see US Constitution). Once due process has occurred, and a RICO case has been adjudicated, then we all want the disposition of the case posted to the RICO website for everyone's protection. By RICO's own numbers, less then 10% of all complaints filed are found in violation of some aspect of licensing laws or state laws, warranting some level of sanctions. Please note that of those, a significant percentage of cases were unintentional oversights, not causing significant damage. Under the present policy, DCCA does as it pleases, without any law (hence the proposed bill), and posts the complaints to their website, without any do process...where it stays for up to 5 years...even after many cases have been dismissed! Gene is correct. Licensed professionals are people too, and are guaranteed equal protection under the law ( see US Constitution). Once due process has occurred, and a RICO case has been adjudicated, then we all want the disposition of the case posted to the RICO website for everyone’s protection. By RICO’s own numbers, less then 10% of all complaints filed are found in violation of some aspect of licensing laws or state laws, warranting some level of sanctions. Please note that of those, a significant percentage of cases were unintentional oversights, not causing significant damage. Under the present policy, DCCA does as it pleases, without any law (hence the proposed bill), and posts the complaints to their website, without any do process…where it stays for up to 5 years…even after many cases have been dismissed!

]]> By: Stuart http://ilind.net/2012/01/30/alert-another-bill-would-strip-consumers-right-to-know-about-current-and-past-complaints/comment-page-1/#comment-34915 Stuart Thu, 02 Feb 2012 04:10:15 +0000 http://ilind.net/?p=8759#comment-34915 The current system is flawed in many regards. I own a car repair business. Over nearly 20 years, each of the (perhaps 3) times we had a report filed on us, it was completely without merit. I wish it was because we never made a mistake. When we do, we own up to it and make things right. When dealing with these, I learned something interesting. If you give the customer a complete refund, the complaint goes away. Perhaps it is a good rule. But if frequent enough, perhaps consumers should know. In any case, this is just a distraction for us. The real extortion comes from people who file small claims cases against businesses. The court requires you to waste nearly half a day waiting for and talking with an arbitrator. (I have personally gotten up and walked out of one of those rather than listen to a compulsive liar who can't keep her facts straight.) The cost of defending yourself, your time, employee witnesses, etc. usually outweighs the alleged damages. In light of this, when confronted with a small claims action, or threat thereof, I hit back with a counterclaim larger than the scammer's and request they be heard simultaneously. The current system is flawed in many regards. I own a car repair business. Over nearly 20 years, each of the (perhaps 3) times we had a report filed on us, it was completely without merit. I wish it was because we never made a mistake. When we do, we own up to it and make things right.
When dealing with these, I learned something interesting. If you give the customer a complete refund, the complaint goes away. Perhaps it is a good rule. But if frequent enough, perhaps consumers should know.
In any case, this is just a distraction for us. The real extortion comes from people who file small claims cases against businesses. The court requires you to waste nearly half a day waiting for and talking with an arbitrator. (I have personally gotten up and walked out of one of those rather than listen to a compulsive liar who can’t keep her facts straight.) The cost of defending yourself, your time, employee witnesses, etc. usually outweighs the alleged damages. In light of this, when confronted with a small claims action, or threat thereof, I hit back with a counterclaim larger than the scammer’s and request they be heard simultaneously.

]]> By: CiCi http://ilind.net/2012/01/30/alert-another-bill-would-strip-consumers-right-to-know-about-current-and-past-complaints/comment-page-1/#comment-34899 CiCi Wed, 01 Feb 2012 23:20:48 +0000 http://ilind.net/?p=8759#comment-34899 I have been on both ends of the consumer complaint process in Hawaii. First as a consumer. I was treated like an annoyance, my complaint wasn't taken seriously, no effort was made to actually investigate anything (they basically took the word of the business about what happened, regardless of the evidence), and I felt disrespected and abused all over again by the state agency that was supposedly created to help me. My complaint was not frivolous and I had copious amounts of documentation, but I still lost. Then as a business owner. In that case the complaint was obviously frivolous, there was no evidence, and the client had made a blatant threat to try and ruin my reputation, so I was expecting it. When I opened the envelope I felt a little twinge of concern that I would have to bend over backwards proving myself against unsubstantiated allegations. That didn't last very long, however, because I remembered how I was treated when I complained, and I knew that the folks at the DCCA would barely give that person the time of day. I won without even breaking a sweat. The complaint still shows up on my license as closed due to insufficient evidence, and I don't like having it there, but it hasn't affected my business at all. After experiencing both sides, and even feeling slightly grateful for the lameness of the DCCA on the receiving end of a complaint, I would much rather have a system that actually informs and protects consumers. Even if it means I have to deal with an occasional frivolous complaint showing up on my record. I have been on both ends of the consumer complaint process in Hawaii.

First as a consumer. I was treated like an annoyance, my complaint wasn’t taken seriously, no effort was made to actually investigate anything (they basically took the word of the business about what happened, regardless of the evidence), and I felt disrespected and abused all over again by the state agency that was supposedly created to help me. My complaint was not frivolous and I had copious amounts of documentation, but I still lost.

Then as a business owner. In that case the complaint was obviously frivolous, there was no evidence, and the client had made a blatant threat to try and ruin my reputation, so I was expecting it. When I opened the envelope I felt a little twinge of concern that I would have to bend over backwards proving myself against unsubstantiated allegations. That didn’t last very long, however, because I remembered how I was treated when I complained, and I knew that the folks at the DCCA would barely give that person the time of day. I won without even breaking a sweat. The complaint still shows up on my license as closed due to insufficient evidence, and I don’t like having it there, but it hasn’t affected my business at all.

After experiencing both sides, and even feeling slightly grateful for the lameness of the DCCA on the receiving end of a complaint, I would much rather have a system that actually informs and protects consumers. Even if it means I have to deal with an occasional frivolous complaint showing up on my record.

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