Log 3-3rd 40 Hours

Jonathan Gill – 904321596 8/5/2009 Field Study – Log #3

I. Daily Entries Friday July 17h, 2009 Hours: 6 I received a call today from the attorney representing the country club that a consumer filed a complaint against. The consumer is seeking reimbursement of initial membership fees. According to the club’s by-laws, if a part-time member is not granted full membership status after the mandatory probationary period is up he or she is entitled to the initial membership fee paid at the beginning of the probationary period. The attorney for the club claims that the club will not reimburse the consumer because the consumer has not yet paid in full their dining fees. In fact, the attorney alluded to the fact that the club is filing a suit against the consumer for not doing so. I contacted the consumer and he affirmed that he did receive notification of said suit in the mail. He said that he did not pay the bill for food and beverage because he did not receive his initial membership fees back, but that he would go ahead and pay them. I told him I would do all I can to get his membership fees back. I closed the case against the cellular phone provider today. I received a letter from the company explaining that while bill appears to be valid they will waive the balance as a courtesy to the consumer and they requested that our organization consider the case closed. After confirming with the consumer that the bill has been settled I went ahead and closed the case. Today I also typed several letters for Dawn, and opened some new cases that are now ready to be assigned. Cases used to sit unassigned for about a month, but we appear to be closing that window to about two weeks or so. Monday July 20th, 2009 Hours: 6 I received a phone call from the consumer who filed the complaint against the pet store. He told me that the owner of the shop contacted him and offered to settle the dispute by making a monetary offer. The consumer accepted the offer. I told the consumer that I would wait to close the case until he received his refund for the pet. I told Dawn the good news and she responded by saying that we may want to call in the owner of the store anyway because of the clear violations of the consumer fraud act. Not that we would necessarily issue fines, but that it is important that he understands and abides by the law. I asked if we would be issuing a subpoena, but she said that first we would simply request the owners presence at a time that is convenient for both ourselves and for him. I will be present for the meeting with the pet shop owner. I called the pet store, but the owner was not available.

I received a response from one of the owners of the restaurant. Since the restaurant filed for bankruptcy they have a bankruptcy attorney assisting them with the court filings and proceedings. I got the contact information for their bankruptcy attorney and left a message with his secretary. Dawn explained that the consumer must get on the list of creditors so that they are eligible for reimbursement. Today I also filed many closed cases in the filing cabinets. They have accumulated over the last several months so I decided to go ahead and file them away. I also typed a few letters for Dawn. In typing these letters I have learned some general rules for typing letters. In particular, that the initials of the person typing the letter follows the initials of the person who actually wrote the letter. Also, it is customary to indicate at the bottom of the letter if there is an enclosure. Wednesday July 22nd, 2009 Hours: 6 After coordinating with the bankruptcy attorney and the consumer I was able to direct the consumer to the website where one registers as a creditor in a bankruptcy proceeding. The deadline for registering is just a couple weeks away, so we just made it. I also, with the attorney’s permission, gave the consumer the bankruptcy attorney’s contact information in case they have any questions that are best suited for the attorney. This case is considered closed, as I have done all I can for the consumer. I filled out the necessary paperwork and filed the case away. Today I received a letter from the paint manufacturer. The letter went into detail about how the quality of the product the consumer used was satisfactory. They included the results of experiments done on the paint to see how it responded to washing (the consumer claimed that the paint faded/came off when they cleaned it with a wet cloth). The manufacturer does not appear to be willing to negotiate this matter, but has offered free paint for the consumer to use if they wish to repaint the room. I drafted a letter to the consumer explaining this and included as an enclosure a copy of the letter I received from the manufacturer. I made several other correspondences–some simply attempted (i.e. no one answered the phone). I also opened several new cases in the computer to be assigned in the future. Friday July 24th, 2009 Hours: 6 I spoke to the pet storeowner today and we worked out a time for him to come in to review his compliance with regulations. He was polite and did not give me a hard time– which was great. After the consumer sent copies of his proof of claim sheet to the foot doctor I received a call from a supervisor at the billing center explaining that there had been an error made on their behalf. He told me he would make a note in their case file of said error and that the consumer can expect a bill in the mail in the correct amount. I contacted the consumer and told him the good news. He seemed to be relieved, but not particularly thrilled about the effort required to receive a correct billing statement. I can understand his frustration. This case should close within the next week or so. I am

awaiting word from the consumer that his bill reflects the correct amount. I still have not received a response from the electronics manufacturer a sent a letter to a couple weeks ago. The consumer is seeking a replacement for a faulty device. I decided to draft yet another letter indicating that it is in fact the second letter our organization has sent them and requested a response within ten days. I also have not received a response from the construction company and I have already sent two letters to them and spoke once or twice on the telephone with an employee of the company. As noted in a previous log, the amount involved with this complaint is the largest I have had to date–around $4,000.00 or so. I decided to send a third letter to the business so there can be no question that we did not give the company enough opportunity to contact us and discuss the matter if this case goes into litigation. Monday July 27th, 2009 Hours: 6 After having closed a couple cases last week and being caught up with my correspondences, Dawn gave me some new cases to work on. One case involves a retailer of clothing–the product named in the complaint is a pair of socks. Another new case I got deals with a retailer of jewelry–the consumer brought in a ring to be re-sized and the business has not returned the ring after a couple months. I drafted the initial letter that I always send to the businesses when I receive a new complaint explaining the nature of the complaint and that they may have violated the consumer fraud act. Other than that it was a slow day with my cases so I focused mostly on helping Dawn type letters and opening new cases to be assigned. Wednesday July 29th, 2009 Hours: 6 Today I received a call from the consumer who filed a complaint against a country club. He was inquiring about the status of his case. I explained that I spoke to the attorney and that he confirmed that the country club did not intend on reimbursing the complainant despite the fact that in the club’s by-laws it clearly states the procedure to be so. I said I could give him the telephone number for small claims court if he wishes to file in the court himself. I will wait for the consumer to decide what he is going to do before I close the case. He said he might and I gave him the phone number. Today was another slow day with cases so I asked Dawn if she needed anything. She gave me a few tasks such as forwarding cases to other organizations and typing letters. Friday July 31st, 2009 Hours: 6 Today I closed the case against the foot doctor, as the consumer was satisfied with the new billing statement he received. I also received a phone call from the consumer in the paint manufacturer case. They explained that they were displeased with the paint and insisted upon a refund for the cost of not only the paint, but the cost of labor to apply the

paint as well. Unfortunately, I felt that the manufacturer was not in violation of the consumer fraud act and I explained this to the consumer. They were not pleased that I was unable to help them, but I said that they could consider filing in small claims court where it would be up to a judge as to whether or not the business was at fault. I told them that I would be closing the case because there was nothing more I could do. They weren’t thrilled about it, but they accepted it. I went ahead and closed the case. I have still not received a response from the construction firm or the electronics retailer. I consulted with Dawn as to whether we would be issuing a subpoena for either case. She said to hold off on it and give them ample opportunity to respond. I did, however, receive a response from the clothing retailer that apparently sold a consumer a pair of socks that sort of deteriorated after being worn and washed but a few times. The representative was willing to replace the socks at no charge. She said that would notify the consumer and send the socks off right away. I just need to verify that the consumer received the new socks before I close the case. Total Hours: 42

II. Appraisal of Skills This week there was a particular event that I would have like to have handled differently. One of the cases I have been assigned is a complaint against a country club. In this particular case, the consumer claims that he is entitled to a portion of his initial dues that were paid to the country club when he joined. This is because all members go through a probationary period before they may be considered official members of the club. There is a group of people that vote on whether an individual may join the club once the probationary period is up. If the group decides not to grant membership to the potential member, he or she is entitled to the initial dues that were paid upon joining. Included with the consumer’s complaint was a copy of the club’s by-laws and they clearly supported his claim. With this evidence, it was clear to me that he was in fact entitled to the money he was seeking. During this reporting period I received a phone call from the lawyer representing the country club. A member himself, he is representing the club in a lawsuit they have filed against the consumer. It is alleged that the consumer failed to pay the balance on his food and beverage account. While I was on the telephone with the lawyer I found myself getting a bit nervous. I think it was that I felt insecure about my ability to properly represent the consumer and his position. The club’s lawyer began to talk about how the complainant was given leeway in a particular situation where the club allowed him to downgrade his membership level. Apparently allowing a member to downgrade to a lower level of membership is not a common thing to do, but it was fairly clear to me that this act would not necessarily prevent a member from collecting his or her initial dues if they were not admitted as a full status member. The by-laws do not address this issue. As the gentleman was explaining the club’s point of view I feel I sort of appeased him in a way.

At no time did I mention that the by-laws do not address what occurs if a member is delinquent on their food and beverage bill while attempting to recover their initial dues after being denied full status membership. I also did not mention that the by-laws say nothing about whether an individual is entitled to their initial dues returned to them after downgrading their membership level. I should have raised both of these logical points. In a way I feel that I did not represent the consumer as well as I could have. I suppose the thought of going toe-to-toe with a lawyer felt like a daunting task, but I feel that if I had stuck to logic and reason that I could have negotiated something for the consumer.

III. Information about the Organization Services 1. The recipients of the services offered by Middlesex County Consumer Affairs include both consumers and producers. Consumers are the primary recipients of the services provided by the organization. Consumer Affairs is an organization designed to protect consumers by enforcing the Consumer Fraud Act; however, in some cases a consumer’s complaint may be unjustified. In such a case, Consumer Affairs protects the business from an illegitimate complaint. Middlesex County Consumer Affairs works with businesses within the county and helps consumers across the country. 2.

a. The organization employs fraud investigators who look into complaints to determine whether a violation of the Consumer Fraud Act has occurred. If it appears that a violation has occurred, the investigator will pursue the case and attempt to recover any losses the consumer is entitled to. Middlesex County Consumer Affairs happens to have litigation power. The organization may issue subpoenas and fines if a violation occurred. If a violation has not occurred, the investigator may still attempt to assist the consumer, but there will be no legal recourse if the business is unwilling to negotiate. b. The Better Business Bureau is another organization that is designed to ensure proper business dealings between businesses and consumers. The BBB does not, however, have litigation power. Middlesex County Consumer Affairs happens to have such power, but not all counties in New Jersey have this ability. The New Jersey Division of Consumer Affairs is another organization that overlaps or complements services provided by Middlesex County Consumer Affairs. Although, the statewide division tends to deal with more significant cases and delegates the less serious cases down to the respective county divisions.