To Complain and Win! - My Personal Recipe

Prime directive: Make sure your claim is reasonable! Otherwise, forget it.

First thing: If you have a legitimate claim denied or a beef with a company (my method can be applied to insurance companies, dealerships, bad fish, or whatever), prepare yourself for the likelihood of frustrating conversations with people who either can't think for themselves or have been told by their boss not to.

If whoever takes your initial complaint is reasonable you'll be pleasantly surprised. If, however, what you're being told sounds like it isn't addressing your individual problem beware ? the answer you're getting may be being read from a script. Companies often give their customer service reps pat, formulaic responses they must give and not stray from!

Get a name!! The person who answers your call will often say their name, if at all, in an inaudible light-speed mumble. Take the time to ask them to repeat their name if necessary. 3 times if necessary. Be sure you write the name down. When you call next time and the person answering doesn't know what you're talking about you want to be able to answer the inevitable "Who did you talk to?"

Always, always, always: Keep notes on not only who you talked to, but when, the gist of the conversation, and the date and time. These records may be invaluable (see below).

If you expect BS you won't get as upset when you get it. This is especially true with the first person you talk to. By definition this is the low person on the totem pole. Anticipate they have zero decision-making authority and you'll save lots of energy right at the get-go.

Ask to speak to a supervisor. Do this sooner than later (see above). Don't make the "lateral move mistake!" As soon as you detect you're being stonewalled move up. Get a supervisor, then their supervisor, and on and on. Go as far as you have to go. You're looking for a person who sounds reasonable, understands your problem, and can do something about it.

Save time and energy, big-time. When you're connected to a "supervisor," make sure you haven't been passed to someone on the same level or, worse, some unrelated and useless department (happens a lot). As soon as you get a supervisor ask their position. Ask also, "Do you have authority to remedy my complaint?" If not, move on immediately.

Present yourself as cool and confident. This sends the message "I know I'm right and you're not going to wear me down." Some industries (did someone say "insurance companies?") count on you getting frustrated and giving up. Don't let them know if you are upset. Remember: If the facts are on your side you don't have to sweat. They do.

Depersonalize the issue. Don't become what psychologists call "ego invested." It will help you to be polite and in control if you keep in mind you're dealing with a human being who's got a hard job, is almost certainly underpaid, and is very likely working for a jackass.

Keep your eyes on the prize! Keep in mind your goal; you want to get your money or promised services ? not to get angry at the person you happen to be talking with.

Don't be a wimp! Lots of people tell you to be nice because you can catch more flies with honey than vinegar. I say don't worry about being "nice." If they aren't worried about your feelings you don't have to worry about theirs. That doesn't mean being rude or obnoxious.

It's a good idea to be able to show you've tried everything to remedy your problem. It might help, and for the record, write a letter to the company outlining everything you've gone through.

In the letter make sure you ask for exactly what you expect them to do! Do not expect them to figure it out because they won't.

Secret Weapon: Small Claims Court*

A small claims court case is the best-underused tool for people who've been screwed by big - or little - companies. It's the customer's weapon of mass destruction!

I know, you're saying 'you can win but you can't collect.' That's not the way big companies see it. Believe me, they don't want legal judgments against them hanging over their heads and will almost always take these claims very seriously. Often, just filing or even threatening to file a complaint will get the attention and results you seek. 99% of the time it is far more expensive for companies to defend these cases than to make good on their original promises. If stating you're intention to file doesn't get attention the order they receive to appear in court is guaranteed to. And if they don't show up you win by default.

Case in point: Recently I got a long-overdue reimbursement check from a health insurance company. How? After many, many frustrating conversations and unreturned promised phone calls I left this message: "I have spent all the time I'm going to with you people. If this matter isn't resolved to my satisfaction by tomorrow at 3pm I am filing a small claims court suit for xxx $'s against your company." Result? The check was overnighted to me.

Don't let them intimidate you! It's the oldest trick in the book. If you file, you're likely to receive a letter from the defendant's legal department insisting your claim is "frivolous." They will then threaten to counter-sue you for their legal fees (big bucks) if you lose. Unless your claim is intentionally ridiculous, don't fall for it! Just losing doesn't make a case frivolous. This tactic usually means they're scared.

Absolute musts! You must have records of what your claim is and what you've been through before filing. Your claim must have merit! There are no guarantees you'll win should you go to court but if you don't have your records and documentation in order, you'll lose.

An Ounce of Prevention

You can lower your risk of future problems. Before you do business with a company check to see if they're listed and/or rated with the Better Business Bureau. They have an Online Reliability program and companies who participate have to agree to dispute arbitration in order to participate.

Article from PREOWNEDCARS.COM, where 7% goes to charity. Visit us at WWW.PREOWNEDCARS.COM

File a Complaint Online: To file a complaint or to get free information on consumer issues, visit www.ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261.

*I am not a lawyer, and I don't play one on the Web. The following is from my research and personal experience. Note: small claims court rules vary from state to state, however, you can find out what you need at http://www.lawguru.com/faq/17.html.

About The Author

J D Sallen is a writer and long-time Internet free-speech crusader.

---

How to Transform Your Voicemail into an Effective Medium of Communication

"Hi this is Randy. Leave me a message after the... Read More

Is Your CRM (Customer Relationship Management) System Doomed To Fail?

"Right, People. Let's blast out that mail campaign we've been... Read More

What Every Employee Should Know About How to Win the Loyalty of Customers

Dr. Michael LeBoeuf, in his cassette album entitled, Win... Read More

Customer First Customer Service

The world of customer service is rapidly changing. Thirty years... Read More

Hit The Jackpot With Customer Complaints

Our most powerful instinct is to avoid customer complaints, but... Read More

My Child Has Opie Eye!

7:00 a.m., the silence in the house is broken by... Read More

Dealing with Disgruntled Customers

No matter how hard you try, in business you simply... Read More

Customer Service and The Human Experience

Historically, customer service was delivered over the phone or in... Read More

Finding Out Why a Potential Customer is Calling On You

Our challenge as the business owner/sales person answering the telephone,... Read More

Five Ways To Wow Your Client

Running a business is about providing goods and services to... Read More

Customer Service Has Moved Toward Customer Care

As I waited for an answer to my VCR inquiry... Read More

Dont Be Afraid To Give Problem Customers The Boot

Q: In a recent column you made the point that... Read More

Everyone talks in code!

How often have you left a meeting with a customer... Read More

Got A Consumer Problem?

Millions of people, just like you, end up with a... Read More

How To Handle Customer Billing Snafus

Q: I just discovered that for the past six months... Read More

Top 10 customer service tips

1. Hire people who have a service attitude. Some people... Read More

Become a Customer Enthusiasm-Guru!

One thing all successful small business owners have in common... Read More

Cheap To Keep

You've heard it all before when it comes to stats... Read More

Whats For Lunch?

As an entrepreneur, I'm always intrigued by small businesses, home-based... Read More

Make Sure You Get The Customer Perspective

Businesses that fail, often forget to seek out the customer... Read More

Becoming A Solution To Your Customers Problems

Those of us in home based and small businesses are... Read More

Wholesale Buyers Versus Retail Customers

Are wholesale buyers and retail customers really different? Frankly, there... Read More

The Reality of Customer Service in America and Best Efforts in Franchising, We Can Do Better

Yesterday I went to buy a sandwich at a franchised... Read More

Dissatisfied or Rude Customers Can Be Satisfied Customers

On a recent airline flight I was an upset... Read More

Saying Thank You to Your Clients

"Thanking your customers" - Why you should do it and... Read More

A New Way To Handle Complaints, Or Is It?

What a lot of money we have been wasting on... Read More

Boomerang Customers- What You Might NOT Think Brings Them Back!

With all of the calendars and PDA's and lists I... Read More

What Every Manager Should Know About How to Prevent Customer Service Conflicts

There are five techniques that have been proven to be... Read More

Call Center Services - An Ever Increasing Demand

Are your company's call center services all that they could... Read More

How to Succeed in Business Without Compromising Your Integrity

I spent some twenty years in the corporate world, for... Read More

Moments That Matter

Many years ago, I was a first year apprentice assigned... Read More

Dont Eliminate The Middle Man - Add One

Today, there are situations when we actually add a "middle... Read More

Ten Ways to Help You Improve Your Customer Service

1. Stay in contact with customers on a regular basis.... Read More