As a consumer, you may have had a bad experience with a merchant. Try to resolve the matter directly with the merchant as they are often more than willing to come to a compromise with the consumer. When the merchant is not willing to resolve the matter, the consumer may pursue outside help.
- I contacted the merchant directly but couldn’t resolve the problem. What can I do?
- Are there any problems to watch out for when using mediation services?
- If negotiation and mediation don't work, is there another option?
- Do I need an attorney when filing claim at the small claims court?
- What rights do I have to go to court?
- Can I lodge a complaint with any other government agencies?
1. I contacted the merchant directly but couldn’t
resolve the problem. What can I do?
If you have a problem with a merchant, you can seek the mediation service,
which is a negotiation between the consumer and merchant guided by a
skillful third party.
The Smalls Claims and Conciliation Branch of the D.C. Superior Court provides a mediation service called the Multi-Door Dispute Resolution Division. The mediation service is available even if no lawsuit has been filed.
The mediation service is available each day that court is in session. Trained mediators help consumers who have filed a small claims complaint settle a dispute without a court trial. Before a case goes to trial the courtroom clerk will assign a mediator to meet with the complaining person and the defending party. Any agreement to settle a small claims action that is reached with the mediator’s assistance will become part of the court record.
Another option is to seek a private organization that provides mediation services, such as the Better Business Bureau of Metropolitan Washington. The Better Business Bureau operates an automated help line available 24 hours a day, 7 days a week where live operators are available to help answer questions by consumers.
The George Washington University Law School Consumer Mediation Clinic provides mediation services by law students who act as neutral third party mediators. They assist local consumers and businesses to resolve disputes through mediation. They do not act as advocates or represent a particular consumer.
2. Are there any problems to watch out for when using mediation services?
When seeking private mediation, consumers should ask if the mediation requires the consumer to give up the right to go to court for a remedy. If so, then you should consider that giving up a right to a court hearing can be a big sacrifice.
3. If negotiation and mediation don't work, is there another option?
You may decide to file at claim with the Small Claims and Conciliation Branch of the D.C. Superior Court.
4. Do I need an attorney when filing claim at the
small claims court?
You do not necessarily need an attorney to help file a small claims
lawsuit. The small claims court is designed to provide quick, simple,
and inexpensive hearings for claims of up to $5,000. Small claims court
may be used against anyone who works, lives, or does business in the
District of Columbia. In certain cases, seeking the advice of an attorney
can be helpful.
For more information on filing a claim, visit the Small Claims and Conciliation Branch FAQs.
5. What rights do I have to go to court?
If you have tried settling a dispute with a merchant through negotiation,
mediation, or other efforts, and you believe that you should file a
lawsuit, you may file under the Consumer
Protection Procedures Act (CPPA) at the D.C. Superior Court.
As a consumer with a dispute regarding goods or services, the CPPA gives you the right to go into the D.C. courts for a remedy. The CPPA defines as illegal trade practices that violate any District law.
If you win in court, you may receive one of the following:
- Triple your damages (the money value of the harm done to you), or $1,500 per violation of the law, whichever is greater
- Reasonable attorney’s fees
- Punitive damages, which is an amount of money in the nature of a fine or punishment to be paid by the wrongdoer
- Other relief that seems fair to the court
6. Can I lodge a complaint with any other government
agencies?
You can lodge a complaint to the District
Office of the Attorney General. The Attorney General is able to
seek court orders stopping violations of the CPPA and to obtain money
returns for injured consumers.
Consumer complaints can be made via the Attorney General's web site. The office focuses mainly on matters affecting many consumers.
