That little bitty print can hurt in a big way
A consumer called me this week with a complicated problem. This guy knew his stuff. A local company had cheated him out of a few thousand dollars. It was too much to just forget about, but it was too little to be worth hiring an attorney to file a lawsuit. The consumer filed a small-claims lawsuit against the company. On the day of court he showed up with all his paperwork in hand, canceled checks and the contract. Right out of the bag, before the consumer could get one word out, the merchant (defendant) asked the judge to dismiss the entire case. After looking at the contract for about 30 seconds, the judge dismissed the case.
What happened? The contract the consumer signed REQUIRED “binding arbitration” prior to any litigation being filed relating any dispute under the contract. In other words, the consumer, by originally signing the contract, gave up his right to sue the merchant.
LESSON: Read any contract you sign VERY carefully. Don’t sign anything you don’t understand.
Many businesses and corporations are including tough arbitration requirements in contracts, effectively eliminating consumers’ rights to sue. Congress is, as we speak, deciding what to do with “must arbitrate” rules. Stay tuned. This legislation could dramatically affect consumers’ rights.
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A couple of consumers called me with questions about guns left on consignment at a local gun shop. The gun shop owner abruptly closed the shop without notifying these clients. Unfortunately, the reason for the shuttering of the business was due to a serious illness of the owner. If you had a gun on consignment with Northwest Pony Express and can’t locate the gun, you should contact the Kootenai County Sheriff’s Office and file a formal report, including the type of firearm and serial number. This is not a scam. If you have any questions call me at (208) 699-0506. We wish the owner of Northwest Pony Express and his family well.
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Kudos to a Consumer Crusader: A woman named Bobbi called to alert me to a danger to older citizens. It seems a certain property management company uses leases (contracts) that once they expire, the monthly rent automatically doubles. In addition, the company then has the option to evict the senior, giving only three days notice. If that isn’t enough, the company pays tenants a couple of hundred dollars to go online and write fake, favorable reviews, thereby enticing others to use the services of this disreputable company. Bobbi discovered this and helped her elderly neighbor get her money back and get clear of the bad property management company. Bobbi says, “Help your neighbors and friends and READ YOUR CONTRACTS AND LEASES COMPLETELY.”
It’s people like Bobbi, who help others, that make our community strong.
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DOOR KNOCKER UPDATE: “Alex the Liar” is still victimizing senior citizens and promising prices and discounts for satellite TV that are bogus. If he shows up at your door politely ask him to leave. You’ll be glad you did.
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KIDS LEUKEMIA CHARITY CALL: Go to my blog at www.cdapressconsumerguy.com to hear the call I got Wednesday morning. You’ll be shocked and outraged to find out what a small percent of the money collected goes to the foundation and even then, not necessarily the kids. Shameful!
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DOOR KNOCKER TRACKER: Starting today, if someone knocks on your door trying to sell you something, and you feel like it’s the least bit fishy, call (208) 449-7222 and leave your address and describe the incident. No need to leave your name or phone number. I will track the calls, and if I see a pattern of severe high pressure or overt dishonesty, I will contact the police and place a warning to consumers on the blog at cdapressconsumerguy.com.
Let’s stop these people in their tracks. Together we can work together with The Coeur d’Alene Press to protect each other.
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Remember: I’m in your corner – Bill Brooks
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I have many more interesting cases that I’m working on as The CDA Press Consumer Guy. Call me at (208) 699-0506, email me at CDAPressConsumerGuy @gmail.com or fax me at (866) 362-9266. Also include your full name and a phone number. I am available to speak about consumerism to schools, and local and civic groups
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Bill Brooks is the CDA Press Consumer Guy. He is an active Associate Real Estate Broker for Tomlinson-Sotheby’s International Realty in Coeur d’Alene.