-- Filing a Consumer Complaint in New Jersey
* Overview
* Contact Seller * Contact Credit Card/Bank
* Online Forums * NJ Government * Malpractice * Federal Government
* Legal Actions
* Contact Seller * Contact Credit Card/Bank
* Online Forums * NJ Government * Malpractice * Federal Government
* Legal Actions
* Home
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- Overview In 2021, a national survey reported that the leading categories of complaints by consumers related to auto dealers and auto repairs; home improvement contractors; retail sales; housing rentals such as unsafe conditions, failure to make repairs, and rent disputes; financing issues in billing, credit repair and debt; and telecommunications problems like robocalls, identity theft and fraudulent billing. The Covid-19 Pandemic also generated a wave of complaints, such as those pertaining to misrepresentations or other deceptive practices on sales of purported vaccines and treatments; failure to receive refunds for cancelled events due to closures; and price gouging of products in limited supply, particularly in auto sales, due to manufacturing closures and shipping backups. Regardless of where a complaint is directed, consumers are advised to keep records of all contacts, with names, date and time, and brief summary of the issue and any response. * Nation's Top Ten Consumer Complaints, Consumer Federation of America 
- Contact the Seller
Problems with buying a product or service obviously should first be raised with the vendor's salesperson, manager or customer service representative. If the buyer is still not satisfied, raising issues to higher-level contacts such as the owner or executives at the company’s headquarters may be productive. Despite the prevalence of email and other digital communications, the use of written paper letters addressed to CEOs or other high-level executives or officials may also be useful in improving the chances of getting a response. Unlike digital communications, written letters are more likely to be logged in by aides to recipients and delegated to appropriate staff for response. The Federal Trade Commission publishes a sample complaint letter suggesting how to contact vendors and the contents of the complaint, including how the buyer wishes the problem to be resolved, such as through a refund, store credit, repair, or exchange. The FTC recommends sending the letter by certified mail and requesting a return receipt. Most major retailers have a process for handling complaints. WalMart, for example, states that complaints about a product purchased at a Walmart store or on its online site, such as a missing or damaged part, may be submitted in person at the customer service desk at any Walmart location; by initiating returns through its website; or by phoning its customer service line at 1-800-925-6278. Both in person and online returns require filling out a short form with a brief description of the complaint. Walmart's return policy is set out on its website, but generally returns should be made within 90 days of purchase, with. refunds usually requiring a receipt. More serious complaints should be addressed to Walmart corporate headquarters. The Walmart Global Ethics online complaint form allows customers to file customer service complaints. Other major retailers such as Home Depot, Target, and Macy's post similar information of their customer service policies and contacts. As of September 2021, Amazon adopted a new policy, after extensive criticism and legislative action in some states, to allow consumers to file claims with Amazon directly. on products sold over its site by third-party sellers. After the complaint is received, Amazon will review the claims with its own fraud and abuse detection systems. If Amazon determines the claim is valid, it will contact the seller for potential settlement of the claim, with consumers able to file an appeal if they believe the claim was wrongly denied. Amazon also will take over the claim if it determines the seller failed to provide an adequate response. * Nation's Top Ten Consumer Complaints, Consumer Federation of America * Solving Customer Problems: Returns, Refunds, and Other Resolutions, Federal Trade Commission * Filing a Consumer Complaint, USA.gov * Amazon Customer Service, Amazon - Contact Credit Card Issuer or Bank Along with seeking to have the merchant cancel a charge, buyers may also contact their credit card issuer or bank. Under the federal Fair Credit Billing Act, once a card issuer receives notice of a dispute, it has 30 days to acknowledge that it was contacted regarding a billing error and inform the buyer that it is investigating the complaint, after which they have to resolve the dispute within two complete billing cycles.. While the charge is being investigated, the issuer is not allowed to report the disputed charge as a late payment to credit bureaus, nor can it try to collect payment on the disputed portion of the bill or charge interest on the amount due. Limitations on the rights provided by the federal legislation include its restriction to cover only personal, family, or household credit card purchases, excluding card use for business purposes; application to payments only if the credit card is used as a credit card rather than as an overdraft or cash advance; coverage only to withhold payment of charges over $50; and only allowing withholding payment on the remaining unpaid balance of the purchase.. Contacts for advising major credit card issuers and banks of billing disputes include American Express; Visa; Citi; MasterCard; Bank of America; Capital One; Discover; Chase; and Wells Fargo. * Disputing Credit Card Charges, Federal Trade Commission * Resolving Billing Errors With the Fair Credit Billing Act, Credit.com - Online forums. If a consumer remains frustrated with the seller's response, he or she may also resort to publicly highlighting the complaint through such online forums like Facebook, Yelp or Twitter. Adverse comments on these widely viewed sites may pressure sellers to react to counter negative sales impacts from exposure of issues to large online audiences. Complaints on Twitter may be sent directly to a business's own account or, if there is no response, more generally to broader public users, including by requesting friends or family members to retweet the complaint to improve the prospects of getting a response as others are made aware of the dispute. - Better Business Bureau. More traditional forums include filing a complaint with the Better Business Bureau, the nonprofit organization founded in 1912 which is supported by BBB Accredited Businesses through dues and contributions. The BBB, which is not affiliated with any governmental agency, posts an online complaint form, after which the complaint will be sent to the business within approximately two business days. The BBB states that a response from the business is requested within 14 calendar days, with any response or lack of response notified to the complainant, with complaints usually closed within 30 days. The BBB also provides mediation services to resolve disputes, as well as an out-of-court arbitration process for new vehicle warranty disputes between customers and participating automobile manufacturers, using attorneys as neutral third parties. The BBB also maintains walk-in offices for consumers to discuss issues, with a New Jersey office in Hamilton Township in Mercer County. Other non-profit sources providing information and resources relating to consumer protection include:
* Consumer Reports (independent nonprofit with more than six million member subscribers publishes product reviews, news and alerts) * AARP Fraud Alerts (tips to spot and avoid scams like identity theft, investment fraud, and holiday scams, as well as ongoing updates from resources like Watchdog Alerts and a scam-tracking map that provides real-time alerts from law enforcement in each state)
- Government resources and agencies Government agencies also have been established to process complaints relating to consumer goods or services, such as issues involving medical or legal practice, construction and many other fields which are regulated or licensed under federal, state or local laws. Consumer complaints on products and services purchased in New Jersey may be filed with municipal, county, and state consumer offices after attempts to obtain relief from the seller have been unsuccessful. Purchasers are advised to keep records of contacts with sellers, such as dates and names of those who were contacted by email, phone, letter or in-person visits. Government consumer protection offices frequently seek to mediate complaints through contacting the seller for a refund or other resolution of the problem. These initial efforts may be more productive when conducted by local municipal or county agencies through outreach to local "mom and pop" sellers with whom staff may have had prior contacts or experience.. Problems with local merchants or services may range from noise complaints from trucks or landscape machinery, violations of hours of operation or a diverse scope of other issues best handled by local elected or appointed officials. If no resolution is reached, more formal tools include investigations of violations of consumer laws. Currently, 11 of New Jersey's 21 counties have Consumer Affairs Local Assistance offices. 
- NJ Department of Law and Public Safety -Division of Consumer Affairs At the state level, the Attorney General’s Office within the New Jersey Department of Law & Public Safety investigates consumer complaints from the public, with its primary unit the Division of Consumer Affairs authorized to investigate general product complaints, along with serving as a gateway for referral of complaints to 51 state professional and occupational boards that include 720,000 licensees in the state (e.g. accountants, stockbrokers, architects, builders, electricians, plumbers, physical therapists, pharmacists, veterinarians etc). Complaints about home improvement contractors are the leading complaint category submitted to the Division, but it also receives a diverse range of complaints pertaining to sales of consumer products and services. Its Regulated Business section has authority over 60,000 registered businesses, and its other units include a Bureau of Securities, Charities Registration, Office of Weights and Measures, and Legalized Games of Chance. The Division posts an online complaint form in English and Spanish and may be contacted by phone at 800-242-5846 or 973-504-6200. The Division also includes a New Jersey Lemon Law Unit to assist consumers experiencing defects in a new car, used car or motorized wheelchair or scooter. The Lemon Law only pertains to vehicles sold by a licensed New Jersey dealer which develop repeat defects which persist after three attempts to repair it.or lengthy unusable periods (out of service for a cumulative 20 days during the first two years or 24,000 miles after sale). The Lemon Law does not cover defects caused by an accident, vandalism, abuse, or neglect. Lemon Law applications are reviewed by the unit to see if the consumer qualifies for a hearing. If the application is accepted, the Lemon Law Unit will schedule the case to be heard at the Office of Administrative Law. At the hearing, the consumer, who may choose to have an attorney and/or an expert witness present, is required to present facts that show that a defect currently exists and that it substantially impairs the vehicle’s use, value or safety of the vehicle or is a serious safety defect which is likely to cause death or serious bodily injury if the vehicle is driven. The facts are determined from the documents, photographs or other evidence submitted as part of the consumer’s application package and from witness testimony. If the consumer wins the case, the manufacturer or dealer will be ordered to repurchase the vehicle and issue a refund Many Lemon Law cases are settled with the manufacturer or the dealer once an application has been accepted by the unit. (see also Buying or Leasing a Vehicle in New Jersey) * New Car Lemon Law * Used Car Lemon Law * Motorized Wheelchair Lemon Law * Vehicles Branded Under New Jersey Lemon Law * New Car Lemon Law, Consumer Brief * File a Complaint, NJ Division of Consumer Affairs, NJ Department of Law & Public Satety - Banking, insurance and Real Estate Other state agencies may also have authority to process complaints against firms or individuals subject to regulation. The New Jersey Department of Banking and Insurance, for example, is the primary agency regulating the banking, insurance and real estate industries and processes complaints relating to licensed companies and employees. The Department posts an online form for the posting of inquiries or the filing of complaints and may be contacted at 609-292-7272 or 1-800-446-7467. The Real Estate Commission issues licenses to real estate brokers and salespersons, real estate schools, and course instructors, as well as establishes standards of practice for the real estate brokerage profession. It also regulates and registers out-of-state sales through New Jersey brokers. Requests for assistance or inquiries regarding a national bank or federal savings and loan or savings bank, even if it is located in New Jersey, should be directed to the Office of the Comptroller of the Currency; in the case of a federally-chartered credit union, inquiries should be directed to the National Credit Union Administration * New Jersey Department of Banking and Insurance * New Jersey Real Estate Commission * File a Complaint, NJ Division of Consumer Affairs, NJ Department of Law & Public Satety - Medical, Legal, etc Legal-The Office of Attorney Ethics acts as the investigative and prosecutorial arm of the Supreme Court of New Jersey in discharging the Court's constitutional responsibility to supervise and discipline New Jersey attorneys. The Office assists and manages 18 district ethics committees and 17 district fee arbitration committees throughout the state. The Office also publishes a full-text archive of the decisions of the New Jersey Supreme Court's Disciplinary Review Board in hearing and adjudicating allegations of attorney misconduct in New Jersey. The Office may be reached at 1-800-406-8594 which will transfer the caller to the appropriate district committee to request filing forms. Clients who believe their lawyers have charged unreasonably high fees and who have been unable to resolve the fee dispute privately may request that the dispute be arbitrated before a county-based Fee Arbitration Committee, whose members are appointed by the Supreme Court and consist of attorneys and non-attorneys. Fee arbitration hearings are conducted in private, and both the client and the attorney whose fee is being challenged have a right to be present with their attorneys, if any. - Physicians and other medical professionals Medical-Physicians in New Jersey are required to be licensed by the New Jersey State Board of Medical Examiners. The Board publishes an online directory in which users can search for physicians, podiatrists and optometrists by specialty, location, Board certifications, insurance accepted, whether any disciplinary action has been taken by the Board in the last 10 years, whether any malpractice payments have been paid on the licensee’s behalf and whether he/she has been disciplined by a health care facility. The Board also accepts online complaints against licensees. Dentists, dental hygienists, registered dental assistants, and other aides are licensed by the New Jersey State Board of Dentistry, which also determines complaints and issues permits for specific treatment such as administering general or local anesthesia. The New Jersey Board of Nursing licenses registered nurses and practical nurses; certifies advanced practice nurses, sexual assault forensic nurses, and certified homemaker-home health aides; and processes complaints and disciplinary actions. - Utility complaints (water, electric, natural gas, phone, cable tv)
Other agencies are available to process more specialized complaints. The New Jersey Board of Public Utilities handles complaints through its Division of Customer Assistance with a utility company providing natural gas, electricity, water, and telecommunications and cable television when the consumer has not been satisfied with responses after first directly contacting the company to resolve the issue. Customers may contact the Division with complaints regarding service delays, lack of service, discontinuance of service, payment arrangements, high bills, deposit requests, and incurred or high rates. Many utility companies offer programs and payment assistance plans to help pay bills. Emergency assistance is available by calling 1-800-624-0241 for gas leaks, fallen wires, water main breaks, discontinuance of service, or any other situation that requires immediate action. In the event of an emergency (smelling gas), contact your provider and call 9-1-1.
* Utility or Cable Complaints, NJ Board of Public Utilities * Slamming Complaints * Third Party Supplier Complaints - Federal agencies
There are several federal agencies that have authority to review and investigate complaints, but the primary two handling the most consumer complaints are the Federal Trade Commission and the Consumer Financial Protection Bureau. - Federal Trade Commission The Federal Trade Commission maintains a dedicated web site for complaints relating to fraudulent practices at ReportFraud. The FTC's database also makes reports available to federal, state, and local law enforcement across the country. The FTC also posts an online site to report issues where the transaction is related to Identity Theft in which the consumer has had their online passwords or credentials used without authorization. * Report Fraud, Federal Trade Commission - Consumer Financial Protection Bureau The federal Consumer Financial Protection Bureau handles issues related to debt collection, credit card companies, credit reporting, and banking. The focus of the legislation creating the CFPB was on regulating banks and financial institutions, but it is also given authority over any company involved in offering or providing a consumer financial product or service as well as companies who are service providers to those that offer or provide consumer financial products or services. Like the FTC, the CFPB also publishes an online consumer complaint database updated daily of complaints sent to companies for response along with the vendor's response or after 15 days, whichever comes first. * Fraud and Scams, Consumer Financial Protection Bureau In addition to the FTC and CFPB, other federal agencies offer resources for consumers to report more specific issues or complaints, including:
* Consumer Help Center, Federal Communications Commission * SafeProducts.gov, Consumer Product Safety Commission (report or search database of unsafe products) * Complaints, US Securities and Exchange Commission (fraud or wrongdoing involving potential violations of securities laws) * Motor Vehicle Safety Problem, National Highway Transportation Safety Bureau, US Department of Transportation * Report a Problem, US Food and Drug Administration (health and safety issues on FDA regulated products, NJ state coordinator contact at 973-331-4998) * Complaints or tips, Commodity Futures Trading Commission (complaints against futures industry professionals for alleged violations of the Commodity Exchange Act, Whistleblower program makes monetary awards to eligible whistleblowers) * Consumer Sentinel Network (platform hosted by Federal Trade Commission posting complaint forms to report international scams and frauds) * Complaints against the Government, USA.gov (links to information on filing complaints against federal, state government agencies) 
; - Legal actions If a purchaser of a product or service remains unsatisfied by the response to a complaint, he or she may resort to seeking judicial relief, with most claims filed in New Jersey state courts. The New Jersey Small Claims Court (Superior Court, Law Division, Special Civil Part) handles lawsuits in which claims are for $3,000 or less, typically the level of most consumer product or service issues. Cases that cannot be filed as small claims include malpractice claims against doctors, dentists, lawyers, or other professionals; claims for child support or alimony; cases involving wills and inheritance; and claims seeking anything other than money from the defendant. Lawyers are not required in small claims cases, and a consumer may act on their own to file the Small Claims Complaint with the court and submit the filing fee (one defendant: $35; each additional defendant: $5) or request a fee waiver. If the claim exceeds $3,000, the lawsuit must be filed in the Superior Court, Law Division, Civil Part.. Although representation by a lawyer is not required, most cases at this level are handled by lawyers. Unlike the expedited schedule and simpler rules of the small claims court, these suits can involve more complex procedures; protracted timelines for hearings, trial and judgments; and higher fees for commencing suits and filing documents. (See also New Jersey Courts). * New Jersey Court Filing Fees * How to Sue for Up to $3,000 in Small Claims Court (Non-Motor Vehicle Case) |
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