If dealing with Con Ed or a dry cleaner turns you into a wimp, try these sure-fire strategies

By Katharine Davis Fishman

New York Magazine

THE LIPSTICK-RED SILK-CHARMEUSE designer dress that you could neither afford nor resist at $500 — formerly $850 — has been to the dry cleaner and has come back an unpleasant shade of puce.

The telephone company has just sent a bill for $200 worth of daytime calls, presumably made by your dog while you were at the office.

The new microcomputer is speaking in tongues, the manual appears to be only partially translated from the Portuguese, and your dealer isn't taking your calls.

The disco across the street hath murdered sleep, and that pain in your stomach is definitely your ulcer. You feel like a 97-pound weakling with the world kicking sand in your face.

No question that this is a stressful city, expensive to live in both financially and emotionally. New Yorkers are busier than everyone else, and the strangers we complain to are New Yorkers, too: This gives our daily confrontations an edge they might not have in Minneapolis. When protests have to be lodged with the tough and the skeptical, what methods really work?

I've spent the past several weeks questioning effective complainers — ordinary folk with out-of-the-ordinary skill at get-ting satisfaction. I've also consulted three professional negotiators — Herb Cohen (author of 'You Can Negotiate Anything'), Gerard Nierenberg ('The Art of Negotiating'), and Stephen Pollan (a lawyer who often intercedes for his clients and who's made a cassette, 'Getting People to Say Yes') — as well as an elected official, Councilwoman Carol Greitzer: a neighborhood activist, Ethel Sheffer, former chairman of Community Board 7; several experts in consumer affairs; and representatives of organizations and institutions that either receive or purvey consumer complaints. Finally, suspecting that assertiveness can sometimes cross the border into obsession, I sought out a psychiatrist, Dr. Edward D. Joseph of the Mount Sinai Medical Center.

If you protest seldom and ineptly, you're not alone. Arthur Best, a professor at New York Law School, has written a book, 'When Consumers Complain,' re-porting on a survey of 2,400 randomly chosen households whose members were asked whether or not they were satisfied with various products and services. The book also presents numerous case studies of consumer complaints. This re-search shows that many consumers aren't sure of their rights and obligations and are reluctant to acknowledge that they've been had.

When they do take ac-tion, they encounter roadblocks in tracing the source of a problem — and as businesses give them the runaround, their problems become compounded. Complaining is expensive and time-consuming, and, the book reports, only about half of voiced complaints are resolved in favor of the consumer.

On the other hand, the savvy complainers I spoke with claimed a high success rate. Professionals, of course, have a vested interest in touting their techniques, but I was most surprised by the degree to which effective amateurs instinctively substantiated the validity of the professionals' instructions. They all seemed to agree on a few basic strategies. You, of course, must tailor these techniques to your specific situation.

Here, then, are some suggestions from people who know how to get their way; here is everything a New Yorker needs to know to increase his chances of getting satisfaction when he complains.

NASTINESS GETS YOU NOWHERE

FIGHTING IS WORK," POLLAN admits; like the other experts, he cautions you to choose your battles. Complainers fall into two groups: those who seek justice and those who will fight only for a significant sum of money or an issue that seriously affects their lives.

Last year, Paule Stewart, a former consumer advocate in the New York State attorney general's office, had a lengthy exchange of letters with boutique employees and made several visits to a dry cleaner, all this netted her a $50 store credit for a $100 dress that had faded at the cleaner's. The time she invested seems scarcely worth the sum she got back, but Stewart says, "I would have done this even with a $5 item. I hate the feeling of being taken and cheated — it's a violation of my person." Cohen takes a moderate position: "While I believe you can negotiate anything, it doesn't follow that you should.

·APPEAL, don't demand. Anger and sarcasm merely put your opponent on the defensive. Skill ful complainers agree that your best tactic is to present yourself as a reasonable, vulnerable person who needs help; this works, even in New York City.

But if not complaining will bother you, either because of the amount of money involved or because you're really upset by the way you've been treated, get off your butt and do something."

Complaints fall into two categories: those that require on-the-spot relief (the reserved rental car that isn't there when you arrive) and those that will take time to correct, like billing errors. In either case, it's crucial to establish the right de-meanor. "Nobody loves a kvetch," says Pat Bear, who runs an information-retrieval firm and who managed to exchange a pair of year-old boots at Saks after the seams opened. Bear likes to start every complaint with a compliment: "I went to the buyer and said everything from Saks has always been terrific, and how surprised I was when this happened. She exchanged the boots without a word."

The initial compliment is useful; after that, you segue into the unanimously endorsed — and therefore mandatory — opening: "I have a problem, and I need your help." If you are seeking satisfaction, not just letting off steam, it's important to avoid being critical; that immediately makes people defensive. If you appear reasonable, they will find it harder to tune out when you request their assistance.

"If you don't like the balls you're getting back, perhaps you've put too much spin on them," says Nierenberg. And while both Pollan and Cohen agree that passion may enter the discussion effectively, don't lose your temper. There are stories, perhaps apocryphal, of amateur complainers getting their way by creating a disturbance ("Since you won't honor my room reservation, I'll sack out in your lobby. First, I'll put on my pajamas.... "), but scare tactics are risky at best.

"Don't be the crazy or the zealot," Pollan says. "Organizations have special people to deal with those. And if you're angry, people will focus on your anger instead of your problem." Sarcasm and excessive cleverness can also detract from your message.

The next rule for effective complaining is, as Cohen says: "Always try to personalize. If possible, present your complaint face-to-face. On the phone, the answer's 'No, I've got eight other calls.' You come in, you talk in private one-to-one, you say, 'Look, can you help me? What would you do if you were me?' Then they're involved with you."

The same principle — presenting yourself as a vulnerable person appealing to another decent human being — can work with individuals as well as corporations: Nierenberg suggests that you use this approach with noisy neighbors. When they awaken you at two in the morning, you aren't likely to walk upstairs, but you might call and say, "Look, I've had a terrible day at the office; nothing seemed to go right, and I was so tense I couldn't get to sleep. Then I finally dropped off, and the music woke me up. When will the party be over?" What will never work is calling the music "noise."

Professionals find the very word "complain" counterproductive. Cohen and Nierenberg, of course, use "negotiate"; Pollan, in lawyerly fashion, "appeals." However euphemistic these terms may sound, they do affect the tone of the transaction. Often, you are dealing with bureaucracy, which operates through rules. Knocking the rules won't help; your object is to show the bureaucrat why your case is special and the rules don't apply. Together, you try to find an alternative solution that pleases both of you.

"When someone answers, 'We never do that,' Cohen says, "he's doing habituated thinking. People get away with that stuff because no one questions it." A few years ago, Cohen, en route to Washington, met a woman who had been bumped from her flight; she would have to miss an important meeting. She believed she had no recourse. He went to the counter and pleaded the woman's case, telling the clerk, "You're experienced; perhaps you've encountered this situation before." Therefore, right before the departure, the flight attendant announced, "Does anyone want $100 to take the next flight? A hundred and twenty-five dollars?" For $150, the airline found a less pressured stand-in, and two customers were satisfied. (Passengers do have rights when they're bumped; page 33 tells you how to find out what your rights are.)

Assuming you intend to develop the negotiating skills mentioned above, the way you proceed with your complaint depends on the institution you're dealing with. If you're at odds with a small local business, such as a dry cleaner, one visit or perhaps two (first with the manager, second with the owner, if you can get to him) should be sufficient; if you're getting nowhere and the money involved is worth the effort, go straight to small-claims court, or check out the arbitration procedures offered by the Better Business Bureau (page 35).

Complaining to a large company may require more steps: The key to success is persistence, which Pollan calls "one of the most powerful of weapons. American business can't deal with persistence." Perhaps the most time-consumung part of the procedure - and certainly the most important - is preparing a clear, logical, well-documented appeal, which you'll use both orally and in correspondence.

NEVER BEGIN AT THE TOP

START BY GOING THROUGH THE normal customer-complaint channels, even if you do that only so you can later tell the higher powers you've been unlucky. At every level your first choice should be a personal visit, your second a phone call, your third a letter; all discussions should be followed up with a letter of confirmation. Get the first and last names of everyone you deal with. If someone says he'll get back to you, pleasantly nail down a date.

"Keep copies of everything," says Pollan. "You may end up sending a box of documentation to someone who will give you satisfaction to avoid reading it. Or it may finally be effective to say, 'Why don't I pop up there and show you everything?' when they're not geared to see you." Find out immediately whether the person you are talking to has the authority to make a decision on your behalf; if not, ask for his supervisor.

Several years ago, consultant John McMullen, working for a subsidiary of Control Data Corporation, flew to Richmond on Eastern. It's McMullen's habit to travel in casual clothes and change into a suit on arrival; this time, he checked three suitcases and carried a garment bag onto the plane. He had a business appointment scheduled for an hour after arrival, but when the baggage carousel finished its waltz, there was no sign of his suitcases, and he had neither the proper shirt, belt, tie, socks, nor shoes.

McMullen bought the clothes he needed in Richmond shops and took the bills to Eastern's manager in the Richmond airport. The manager offered him $25 —pompously. So when McMullen got home, he sent a letter to Eastern, noting that he'd sent a copy to Frank Borman and to the CDC Travel Service (a fictitious service that Eastern might surmise arranged the business trips for countless Control Data executives). A check for the full amount of his purchase arrived by return mail.

"Write the chief executive" is a strategy commonly recommended; however, before you hit the keys, it's wise to understand what you're doing and why. The normal complaint department is composed of clerks, untrained in original thinking, who spend their days listening to inarticulate hard-luck stories. The CEO. on the other hand, should be consumer- and image-conscious. He is not going to track your problem personally. But in a corporation as large as Citicorp, for example, letters sent to the office of the chairman are bucked down to the Customer Affairs Department, where six people work to resolve problems along with the senior managers of the department that is being complained about. (Complaints can reach the Customer Affairs Department from lower in the hierarchy, of course, but which ones do you assume will be dealt with most assiduously?)

By going to the top executive of a smaller company, you will at least get the attention of its most crackerjack executive secretary. If the company is off in Phoenix, call the CEO person-to-person during business hours. You'll reach that secretary, and, as Pollan instructs, say, "'I have a problem, and I need your help. I know Mr. Smith is busy, and I can't get out to meet him, but I want to know whom to speak to in your New York office.' If she says, 'The complaint department,' you say you've tried, but it hasn't worked. The CEO cares about his staff, so you don't say, 'Joe Blow in the complaint department has treated me shabbily.' You say, 'Joe Blow has the documentation,' and you ask her to help you shepherd your problem through. Then you write the CEO a letter telling him how nice she was, with a copy to her."

When you write the CEO, it's sometimes wise to say, "If you're not the one to help me, I'd be most grateful if you would forward this letter to the right person and let me know who that person will be." This may light a fire under a dilatory CEO, says Pollan. It's useful, also, to have done some research on the company you're dealing with so you can gear your appeal to its corporate concerns.

In a giant conglomerate, the president or general manager of the division that makes your product will be particularly scrupulous about its reputation; you might write to him, with a copy to the CEO. A letter should address the executive by name as well as title. Obviously, high-level complaining can't be for coffee money.

Sometimes, however, you've bought a defective product in a local store, and, no matter how low its price, you want to lodge a complaint. For a brand-name product, you "write to the label," says Pollan, instead of complaining to the merchant. Terry Herbert-Burns got a case of Enfamil and an apology this way: "I wrote telling them it was my first baby, and I'd opened this can and the formula looked so funny I could see it was spoiled. I said I was concerned that if it had been just a little off I might not have noticed at all."

·AVOID being incendiary when you're dealing with your landlord. If pleasant persistence doesn't get results, turn to the proper city agency; if you get no action, call on your City Council member.

While Pollan says letters to businesses should always be typed, Herbert-Burns writes in longhand on personal stationery whenever she's complaining about a product bought by women — an effective, if unliberated, exception to a proper rule.

If you get no response from the CEO in an industry that is regulated — banking, for example — Pollan suggests sending copies of your letters to the appropriate federal and state agencies. Sending copies to higher executives, government agencies, the media, and so forth is a fruitless exercise unless you note on the original to whom the copies were sent. Your purpose is to scare the original recipient into action; you shouldn't, however, send copies promiscuously.

THE HARD CASES: HANGING TOUGH

WHEN YOU'RE DISPUTING A UTILITY bill, be it Con Edison's or New York Telephone's, start the usual way — with the complaint department. But if you've been given no satisfaction after a couple of conversations, you should call the Public Service Commission, the regulatory agency for these utilities. Page sixteen of the 1984-85 Manhattan telephone directory outlines a procedure whose last step is the PSC, which appears to be effective in resolving simple com-plaints.

A PSC staffer will investigate and render a decision; if you're not happy with that decision, you may request either a review — by a different PSC staffer — or a hearing. At the hearing, a utility officer and a PSC mediator will be present; you may bring a lawyer or, if you cannot attend, participate in a conference call. The mediator will render a final decision.

·TRY - as amicably as possible - to get suitable compensation from your dry cleaner for the dress that simply melted away. If he stonewalls, head for small-claims court.

Computer journalist Mike Berger, who has nothing good to say about either the old Ma Bell or her children, disputed a $400 bill with the phone company several years ago. He complained to the PSC. "It's important to know that when you file a complaint you don't have to pay the disputed amount until the commission resolves your case. If the investigation takes a long time, New York Tel may ask you to settle, as they did in my case. I got the bill knocked down to $200 — which was more than equitable. The risk in settling, of course, is that you lose the chance to collect the whole amount if the commission finds in your favor."

Berger filed another complaint more than a year ago; he'd been hit with an exorbitant bill for phone calls allegedly made during hours when he was away from home on business. In preparation for his PSC hearing, he analyzed his bills for the year on his own computer and brought graphs of his calling pattern to the hearing (careful preparation, he cautions, is vital). "When I went over their list of my alleged calls, I found names of people I'd never heard of. The case is still pending, but I haven't paid that bill, or any of my daytime bills for the last year, while my case is in dispute."

Berger's final tip: Consult the tariff information on pages 46 to 55 in the 1984-85 Manhattan phone book before complaining to New York Telephone. This will ensure you're on solid ground, and give you sufficient mastery of company vocabulary to negotiate effectively.

Seeking satisfaction through government agencies can be tedious and not always fruitful, since the agencies may have neither the resources nor the power to enforce many decisions; citizens often don't know the best agency to complain to. Ethel Sheffer, former chairman of Community Board 7 on the Upper West Side, feels the individual will do better enlisting the aid of what she calls "the intermediary structures" — community boards, block associations, elected officials, and, in an extreme case, the media — in obtaining government action. (Calls to government agencies, incidentally, are the only ones for which you don't use the mandatory "I need help" opening. When you call the government, you should say, "My name is Laurie Jacobs; I have a complaint at 750 Second Avenue — no heat," because the clerk who answers the phone will be filling out a form in that order.)

If you're getting no action from a government agency, write, and send a copy of your complaint letter, to the appropriate elected official: city, state, or federal. John McMullen once worked for a Defense Department agency that provided transportation for military personnel. "Any letter that indicated that a copy had been sent to the congressman, no matter how ridiculous, went to the top of the list," he remembers.

Elected officials will intercede for their constituents in surprising situations. Councilwoman Greitzer says, "An elderly woman called me recently because a department store had cut off her credit over a $9 bill she'd already paid. In fact, she'd become so nervous she'd paid it twice. I had copies of the two bills and wrote the head of the credit office. A V.P. I knew called me back. The store restored her credit and sent her a gift. Then she came back with another problem, but I couldn't go on being her personal ombudsman. I do a lot of Con Ed and phone-company complaints."

Local elected officials most commonly deal with neighborhood problems such as harassment by landlords. Greitzer feels the elderly are easily intimidated. "I've just met a retired executive, a sophisticated woman, who was forced out of a good rent-controlled building she'd lived in for 30 years. She'd paid her rent, but the landlord kept threatening eviction, and though she lodged a complaint with the housing agency, she never followed through on it and finally got nervous and moved out unnecessarily. I would have written a strong letter to the landlord saying his behavior was against the law, and helped her to follow up on complaints to the appropriate agencies."

DIFFICULT PROBLEMS, CLEVER SOLUTIONS

A PARTICULARLY TRICKY URBAN problem is what Greitzer calls quality-of-life violations — noisy discos, garbage uncollected by private companies, and illegal sidewalk stands, for example. These offenses are demoralizing to residents, but (understandably) low-priority concerns for the departments that deal with them; moreover, some violations come under several jurisdictions, and thus nobody takes action.

The noisy disco, Greitzer says, has been difficult to deal with because the offense goes on late at night, when only the police are reachable; even if the police are dispatched to the disco, they can't give a summons for noise, because the necessary decibel-measuring equipment belongs to the Department of Environmental Protection. Greitzer has just launched a quality-of-life task force, which operates Monday through Saturday from 6 P.M. to 2 A.M. The task force includes a nighttime staff of thirteen inspectors from the Buildings and Consumer Affairs Departments and the DEP.

The inspectors will work with the Police Department; ironically, you can call them only during the daytime (page 37), but they will show up at night to check out your complaint. The media can provide extra clout in a variety of commercial and community disputes. The Daily News column "Action Line" gets 2,500 consumer complaints a week; it pursues each by writing a letter to the alleged offender, and prints 20 complaints with resolutions. The editor, Edward Benes, who has a staff of six, says 90 percent of his letters are answered; this doesn't mean the customer will get satisfaction, but it's worth a try.

WMCA's Call for Action, a telephone hot line (586-6666; available Monday through Friday 11 A.M. to 1 P.M.), performs a similar service of investigation, mediation, and referral. Thousands of desperate souls call the news desks of TV stations, which in a relatively small number of cases have performed feats of valor. WCBS-TV and WPIX-TV seem to receive these calls with particular warmth, but whether they'll do more than refer you to the right government agency depends on the newsworthiness of your problem.

"In the middle of the cold season, we're looking for 'no heat' stories, and we'll pay more attention then than we would on an ordinary day," says Steve Paulus, WCBS News's assignment manager. "A couple of years ago, we had a guy who put his rent check in the Con Ed envelope and vice versa. Con Ed cashed the rent check, it cleared, and when he called, they said, 'We'll give you credit.' But the check was for $400 on a $20 electric bill, and he couldn't pay the rent or feed the kids. It was a great story; I gave it to Arnold Diaz. We were on the air with it the next evening, and we got him a refund. If we're interested in a complaint, we have to check it out, and sometimes the minute we start making phone calls a miracle occurs, before we even get to shoot the story."

WPIX uses similar criteria. It has helped to nail a fraudulent auto broker and secure reimbursement for many of his victims, and it notes the government investigations of landlord harassment and police brutality that are now pending as a result of stories the station did based on citizen complaints. Appropriately, the anecdotes the stations recount deal with real hardship.

·RATS! There's a city agency to call in a crisis like this: The Department of Health promises to respond within 24 hours if you've seen a rat in your apartment. Meanwhile...

If you have a serious dispute with your stockbroker, remember that each of the stock exchanges, as well as the National Association of Securities Dealers, has its own grievance procedure. For instance, you might write a detailed description of your problem, including your account number, the firm's branch office, and the name of the broker, and send it to Regulatory Services Division, New York Stock Exchange, 55 Water Street (23rd Floor), New York, New York 10041.

The exchange will get in touch with the firm and advise it to send you an explanation, with a copy to the exchange. If the complaint involves a violation of institutional rules, unethical business practices, or a particularly complex problem, the exchange will investigate further and take appropriate action. The exchange also has arbitration facilities for money complaints it can't adjudicate.

Some firms, of course, are members of several exchanges; when that is the case, complain to the one on which the security is traded. Arbitration is a quick, inexpensive, and legally enforceable means of resolving disputes outside of court; both parties, however, must agree to it in writing and pay an administrative fee ($25 each for small-claims procedures involving amounts under $1,500, an escalating amount for commercial arbitration). Often, a clause providing for arbitration has been written into a contract — and the possibility of arbitration is worth considering when you are drawing up an agreement.

According to the American Arbitration Association, arbitration has proved useful in problems with contractors involved in loft conversion and apartment remodeling, as well as in the contractual disputes of commercial artists, photographers, entertainers, and writers and book publishers. An increasing number of computer disputes are being submitted for arbitration.

Recently, the association's spokesman says, the AAA helped a man who was running a small business from his home. After considerable shopping around and lengthy conversations with a dealer, the man spent $3,500 on a personal computer. Although the machine worked well, it turned out not to suit the man's needs, and he sought to return it for a refund. While the contract did not provide for arbitration, the dealer agreed to it, and after one hearing, the arbitrator — a lawyer experienced in the computer field — found for the customer, awarding him a complete refund on the machine.

The association is increasingly active, also, in settling insurance claims. For more details on all its procedures, consult the association (140 West 51st Street, New York, New York 10020, 484-4000).

·HELP is available from federal and state agencies when the mover ruins your property. Buf if their attempts to get the mover to abide by regulations don't satisfy you, you'll have to go to court and sue.

The microcomputer has brought with it a wealth of customer problems with varied causes. Often, the manufacturer tries to avoid the end user, hoping to work through a network of dealers. When the dealer doesn't give the promised help, the customer is frequently out in the cold. I questioned IBM and Apple about how consumers should handle problems with dealers who will not repair or replace defective machines, who will not satisfactorily answer legitimate technical questions, and who fail to deliver on the training or installation they've promised.

Both expect the user to make every effort to get satisfaction from the retailer before turning to the manufacturer. If the dealer stonewalls, however, Apple users should call Customer Relations at corporate headquarters (408-973-2222), which takes some 500 calls a day. Staffers will answer questions and get the sales office to pressure your dealer. And if your dealer still won't give satisfaction, the Customer Relations department will supply the names of three or four nearby dealers who can help you (their help is free if you're within the warranty period). If you remain unsatisfied, call or write the chairman, Steven P. Jobs (20525 Mariani Avenue, Cupertino, California 95014, 408-996-1010).

If you have trouble with your IBM dealer, the company will recommend another who may want to take you on (there are, after all, many IBM products you might purchase in the future). The Customer Relations number is 305-998-6048; if you have a PCjr, call 800-222-7257. If you still need help, write P. D. Estridge, president, Entry Systems Division, P.O. Box 1328, Boca Raton, Florida 33432, and send a copy to IBM's president, John Akers, at corporate head-quarters (Old Orchard Road, Armonk, New York 10504).

If you're dealing with smaller computer companies, call headquarters and ask for "tech support." Another source of assistance is the users' group. Joe King heads the New York Kaypro Users Group (599-2141). "There are 350 of us, all volunteers, and if you ask us nicely, we'll help you with technical problems. Solving those problems is a separate issue from getting recompense," he says. Other groups can be found under the auspices of the New York Amateur Computer Club (864-4595).

WHEN IT'S ALL RELATIVE

ANOTHER KIND OF COMPLAINT — one that may be far more complicated than product disputes — involves the care of children and the elderly. Tact is particularly important when you're dealing with schools, since, unless you dislike a place utterly, your child will have to remain there and face the school staff after you've made a complaint. It's wise, therefore, to follow accepted procedures.

Suppose, for example, you feel that a teacher is handling a subject badly — you disagree with what and how he's teaching your child. R. Inslee Clark Jr., president of Horace Mann—Barnard (a large private school), says, "If possible, deal directly with the teacher: If someone calls me, I always say, 'Have you talked with Mr. Smith about the problem?' Your complaint will get back to the teacher anyway, and going through other channels might be misinterpreted. Say, 'I don't mean to butt in, but I really feel this isn't right.'

If you can't resolve the problem, then ask the department chairman. 'Would you be willing to talk with Mr. Smith?' The next step here would be the dean of the faculty, who would take it from there." If the teacher is young and new, Clark says, the parent's comment will be useful for evaluation. "After a few years, we ask, 'Who is right? Is the complaint isolated?' If a number of parents are complaining, the problem will come to a head; teachers aren't tenured in an independent school."

Clark says communication from parents is important in a private school; after all, they can take their business elsewhere. While public schools present fewer options to both the parent and the principal, Clark's suggested strategy — moving carefully up the hierarchy — makes sense for parents of public-school pupils too.

The most difficult problems of all are those that arise in caring for an aged parent. The children are reluctant to complain for a number of reasons, says Randy Blom, placement- and complaint-service coordinator at Friends and Relatives of Institutionalized Aged (FRIA), a nonprofit private consumer-advocacy agency established to monitor both nursing homes and the Health Department in response to the scandals of the seventies.

Fear ("If I complain, they'll take it out on Mother") is a powerful silencer. Guilt also plays a role: "The children think, 'Even though there was no alternative to putting Mother in a home, I still feel guilty,' " Blom says. "They don't want to think the home is no good, so they look the other way. Often, the families don't know when they have a right to complain, and sometimes through ignorance they complain badly. Finally, there's a shortage of homes, and families worry that their parent will be thrown out."

Blom says that if you have a nursing-home complaint you should call FRIA for support and information on what your rights are and for more substantial assistance when problems can't be resolved. "You're not dumping your parent, because we're here to monitor care. And unless there's documentation that he's violent, they can't throw him out: If you and he are just a pain in the neck, all threats of removal are empty."

Vigilance is necessary, Blom says, because even the best nursing homes will sometimes do things more for the good of the institution than the individual. The procedure Blom suggests is, once again, the step-by-step approach upward through the hierarchy, from director of nursing or social worker to administrator and then outward to the Health Department if there's a problem in the administration of the home.

In one case, a mother was being given Haldol and another tranquilizer, and her legs were wobbling. The daughter, in researching the drug, found that it was contraindicated for her mother's eye condition, and asked FRIA if she was allowed to complain. "Both you and your mother have the right to object to a drug," Blom says, "and if the doctor doesn't convince you it's proper, you can tell them not to use it. In truth, it's tough to do this, because the medical staff are very defensive about what they do. Sometimes nursing homes have accepted an outside consultant."

FRIA rides herd on the Health Department ("Till they move, you could plotz") and has on occasion managed to keep a nursing home open and change its incompetent administration. "The good news: We're making changes," Blom says. "The bad news: It's slow." Families of nursing-home patients may meet one another on visits and join relatives' groups within the homes, but relatives of the 40,000 old people in the city who receive home health care are isolated.

Common complaints about home health aides, says Rose Dobrof, who heads Hunter College's Brookdale Center on Aging, are that they don't come on time, are not treating your parent humanely, or are being changed too frequently. If your mother is complaining about an aide, Dobrof says, find out whether the complaint is well-founded. "Since many old people have lived in their buildings for a long time, ask one of the neighbors to keep an eye out. If you decide there's a legitimate complaint, call the agency. Be polite, not judgmental, and assume they're concerned about giving your mother the best care."

If you can't get the satisfaction you're seeking, even from the agency's executive director, and the home care is being paid for by the city (and the city pays for most home health care), write to Ann McIver at the Office of Home Care Services, New York City Department of Social Services, 109 East 16th Street, New York, New York 10003. If you still need help in getting an aide fired for a truly egregious complaint — if your parent's health and psyche are at stake — it's time to call your City Council representative.

Council President Carol Bellamy's Ombudsman's Office is helpful also." With other consumer complaints, where life or health is not at stake, some balance is needed. Dr. Joseph, the psychiatrist, says it's important to remember that most injuries are inflicted impersonally, without malice. He observes that the quality of urban life has been declining since Roman times, and says, "You can fight City Hall, but you might not get any response. Will you feel better having done your best, or frustrate yourself further? When a complaint takes over and becomes a major preoccupation, it's out of proportion." Still, in a healthy society institutions are accountable, and individuals can make a difference. As Cohen says, "Care. But not too much."

·VITRIOLIC letters are counterproductive. When you write the chief executive officer, present the facts soberly, send copies of corroborating documents.

WHERE TO COMPLAIN

You've been taken advantage of, and, savvy as you are, you're getting stonewalled. Can anyone help? Here's a guide to your legal rights - and the agencies you can call on - in many kinds of disputes.

By Stephen A. Newman

YOU HAVE ARGUED WITH THE PERSON who has done you wrong. You have used savvy strategies — to no avail. You are angry enough, and you've been ripped off thoroughly enough, to want someone to take some official action. It is time, therefore, to call one of the local, state, or federal agencies listed below.

In some cases, these agencies can be of great help. But keep the following things in mind: The government budget cuts have affected just about all citizen services. Complaints may receive less attention, may take longer to be resolved. and may be settled for a lower figure than you think they deserve, because agencies don't have the time or manpower to pursue all problems thoroughly.

Agencies prefer to spend time and effort on a widespread problem. If a million people have a complaint against General Motors, the auto-safety people will rev up their enforcement engines. If yours is a lone complaint, they'll send you to the nearest courthouse and wish you luck.

All agencies try to resolve complaints through informal means, usually by talking to both sides and suggesting a resolution that seems fair to the agency. If you refuse a settlement, you may be referred to small-claims (or another) court. Formal procedures,such as license-revocation hearings, can be very lengthy. Delays are sometimes the fault of the agency, but may be caused by lawyers for the party under investigation.

I asked the agencies to try to give a rough sense of the time it takes for them to respond to complaints; the estimates noted are those of the agencies them-selves. Times vary, depending on work load, the number of staffers available to help you, the complexity of the problem, and the cooperativeness (or lack of it) of the party complained against.

A word on the hot-line numbers: Some are staffed by knowledgeable agency professionals, but others are answered by operators who can do nothing more than give limited instructions and send complaint forms to all of the callers. Where an agency office number appears along with a hot-line number, try the office number first.

Finally, if the agency turns a deaf ear and you still think you're right, you will have to go to court and sue. It's not the easiest thing to do, but you will get a final, authoritative resolution. And plaintiffs generally do well in the city's small-claims courts (page 33). Unless otherwise noted, the offices listed below are open during normal business hours (Monday through Friday from 9 A.M. to 5 P.M. or 8 A.M. to 4 P.M., or some slight variation on these hours).

AIRLINES

United States Department of Transportation

(202) 755-2220

On January 1, this agency's Office of Community and Consumer Affairs will take over consumer-assistance functions from the Civil Aeronautics Board, which goes out of business on that date. The office will handle problems of bumping, charter flights, baggage loss and damage, and enforcement of non-smokers' rights (all of these matters are covered by federal regulations).

Staffers will get in touch with the airline about your complaint. While the agency lacks formal power to order compensation to consumers, the threat of the penalties it can impose (up to $1,000 per violation of the regulations) often leads to a fair settlement offer by the airline. To learn what your rights as a passenger are, send for a copy of the pamphlet 'Fly Rights,' which the department is updating; this pamphlet will be available "sometime in early 1985." Send $2.75 to the Consumer Information Center, Department 204M, Pueblo, Colorado 81009.

ALL-PURPOSE ASSISTANCE

New York City Department of Consumer Affairs

577-0111

The department handles complaints on all consumer problems and provides information through booklets and a tape library you can reach by telephone (732-8400). Offices are located throughout the city. For addresses, call (718) 636-7092 (Brooklyn); 579-6766 (the Bronx); 348-0600 (Harlem); (718) 261-2922 (Queens); (718) 390-5154 (Staten Island).

New York City Small Claims Court (see telephone numbers below)

This court is a "people's court" where individuals, with or without a lawyer, can bring cases involving $1,500 or less. (If both sides have attorneys, then the case will be referred to the regular part of the civil court; in that court, the claimant may sue for more than $1,500.) Most cases are handled by arbitrators from the legal community, who hear both sides and render binding decisions. You may request a hearing by a judge.

Plaintiffs fare well in this court, winning full or partial awards about 85 percent of the time. Claimants usually can get a hearing within four weeks. The court's law department offers advice and information on the preparation of the case and on the sometimes difficult problem of collecting on a judgment.

Call 374-8402 (Manhattan); 369-8811 (East Harlem); 590-3568 (the Bronx); (718) 643-8180 (Brooklyn); (718) 520-3633 (Queens); (718) 390-542' (Staten Island); 374-4353 (law department).

New York State Attorney General

488-7530

The attorney general's office enforce: a wide range of laws affecting consumers, regulates conversions of buildings to co-ops and condominiums, and prosecutes securities and investment frauds. Many useful booklets are available.

·The agency that handles complaints about shoddy CAR REPAIR work has clout: It can order monetary refunds to the customer, levy a fine on the shop, or revoke its registration.

ANIMALS

New York City Animal Affairs Bureau

285-9503 (general complaints) 566-7105 (animal bites)

If a bat flies into your living room, call and an expert will catch it for you within 24 hours. Other problems that the bureau will tackle are the keeping of an illegal pet (ocelot, lion, venomous snake, other wild animal); abuse in pet shops; abuse of the Central Park carriage horses; pets' spreading fleas; animal stench or filth. The bureau will also give advice on animal bites. Calls may be made anonymously.

AUTOMOBILES

Auto Safety Hotline

National Highway Traffic Safety Administration

(800) 424-9393

(800) 424-9153 (hearing impaired)

Call to report a defect in your make of car; for referral to NHTSA experts or to other agencies for other car-related consumer problems; for information on re-calls and on safety problems of your make of car.

Rent-a-Car Agencies New York City Department of Consumer Affairs

577-0111

The DCA's Regulation 501 requires car-rental agencies to honor all reservations within a half-hour after the reserved time, unless the consumer has been told the reservation is not guaranteed. If the reserved vehicle is unavailable, the consumer must be given a suitable car as large as or larger than the car he's reserved. Violations are punishable by fines of up to $500. Unfortunately, this punishment won't get you monetary compensation for the inconvenience that the car-rental agency's carelessness has caused you.

Repair Shops

New York State Department of Motor Vehicles

(800) 342-3823 (Monday through Friday 9 a.m. to noon)

Repair shops must provide estimates (written, if you so request), must perform only needed repairs, and must provide an itemized bill. Complaints about shoddy work, padded bills, etc., must be made within 90 days of the repair or before the car's been driven 3,000 miles. The DMV will try to mediate between you and the repair shop. If this attempt at phone mediation is unsuccessful, the agency will send a field investigator within five or six weeks to examine the car. Formal hearings can take six months, because there's such a large backlog of cases waiting for hearings. An administrative-law judge employed by the agency can order restitution to the customer, can fine the repair shop up to $300 for each violation, and can suspend or revoke the repair shop's registration.

https://books.google.com/books?id=17YBAAAAMBAJ&lpg=PP1&pg=PA24#v=onepage&q&f=true

(http://www.autoadmit.com/thread.php?thread_id=4401029&forum_id=2#39263308)

Unresolved Disputes

Better Business Bureau Auto Line 533-7500

The following carmakers have agreed to submit to binding arbitration of car owners' disputes: American Motors, Audi, General Motors, Honda, Jeep, Nissan, Porsche, Renault, Volkswagen, and Volvo. Happily, the process is free and is not binding on you, though it is binding on the car company. You may use it if you've got a warranty-coverage problem or if your car is defective, and you may seek the return of the full purchase price of the car. Ten percent of the complaints made to this auto line can't be resolved without going to arbitration; most consumers who do go to arbitration receive full- or partial-reimbursement awards (the process, including arbitration, takes between 40 and 60 days). Consumers may not request compensation for business losses suffered because the car was defective.

Used-Car Lemons

New York City Department of Consumer Affairs

577-0111

Used-car dealers must be licensed and must certify that the car is in "safe condition at the time of sale"; it must be in condition to render "adequate service upon the public highway at the time of delivery" and must pass a state-required inspection. The DCA will mediate between an aggrieved buyer and the dealer. If attempts at mediation get nowhere, the agency can hold a license hearing and impose fines of up to $500; when there's persistent abuse, it can suspend or revoke the dealer's license.

A used-car-lemon law went into effect November 1, 1984. It requires dealers to give warranties on basic parts and sys-tems for 60 days or 3,000 miles (which-ever comes first) on cars driven up to 36,000 miles, and for 30 days or 1,000 miles (whichever comes first) on cars driven more than 36,000 miles. Cars cost-ing less than $1,500 are exempt. The law is enforceable only through court action by the customer.

BANKS

The following agencies regulate banks and handle complaints against the particular banks under their jurisdiction. If you can't figure out which agency to call, get in touch with one that sounds appropriate; if you've guessed wrong, you'll be referred to the correct agency.

Problems the regulatory agencies handle include failure to give reasons for credit denials; electronic-fund and other account mix-ups; imposition of unwarranted fees; bank-credit-card problems; misrepresentation of credit charges (not disclosing the annual percentage rates on loans, for instance); discrimination in lending on the basis of race, sex, age, marital status, color, national origin, religion, or because the applicant is on welfare or has complained about a bank. Each agency will attempt to settle the complaint informally with the bank if the complaint appears to be valid. If the bank appears to have violated federal regulations, or if there's any other kind of complaint about a statement, the agency can ask the bank to return funds, rescind fees, or otherwise correct the problem. The agency will not resolve factual disputes, however; if mediation fails, you'll have to go to court.

United States Comptroller of the Currency

944-3491 (24-hour recording)

Complaints about national banks — those with "National" or "N.A." in the title. You're asked to leave your name and number; a staffer will call you.

·If you've an intractable BANKING problem, turn to the appropriate regulatory agency, which can order the bank to return funds or rescind fees if regulations have been violated.

Federal Home Loan Bank of New York

912-4600

Complaints about federally chartered savings banks and savings-and-loan asso-ciations. These banks have "FSB," "FSA," or "F.A." in their title.

Federal Reserve Bank of New York

791-5914

Complaints about state-chartered banks that are members of the Federal Reserve system.

Federal Deposit Insurance Corporation

704-1200 Complaints about most mutual-savings and other commercial banks not covered by the other categories.

New York State Banking Department

(800) 522-3330

Complaints about state-chartered banks and other financial institutions.

CHARITIES

New York State Attorney General, Charities Bureau

488-3370

Call to renort suspected fraudulent organizations soliciting charitable contributions. The bureau makes available for public inspection records on most large charities and will respond to complaints within a few weeks. If there's a pattern of complaints, the bureau will investigate and can arrange for an "assurance of discontinuance" or a consent judgment that could include restitution to the giver.

COMPUTERS

New York City Department of Consumer Affairs

577-0111

A few complaints about computers are starting to trickle in. Some ads imply that the featured item is the latest model when in fact it is not. Servicing problems may also come up. Within seven days of receipt of the complaint, the DCA will get in touch with the company and try to get an informal settlement.

CREDIT

For credit problems with banks or bank credit cards, see BANKS. For information on discrimination in lending, see "New York State Division of Human Rights" under DISCRIMINATION.

New York City Department of Consumer Affairs

577-0111

This department will advise consumers about the legal procedures they can use to see copies of adverse credit reports and to get billing errors corrected for goods purchased on credit. The agency will handle complaints about a variety of credit problems, including denial of credit, failure to disclose credit terms, and credit-rating disputes. As of January 21, the department will license debt-collection agencies. Debt-collection tactics that are now prohibited include calling after 9 P.M. or before 8 A.M.; advising an employer or friend about your debt; harassment; profanity; simulation of government or court documents. The DCA will intervene on the consumer's behalf to stop these illegal practices or will seek court-imposed fines in cases of repeated abuse.

DISCRIMINATION

New York City Commission on Human Rights

566-6070 (public accommodations and employment)

233-4410 ( housing)

The CHR handles complaints of housing, employment, and public-accommodations discrimination based on race, creed, color, national origin, age, marital status, disability, or sex (including sexual harassment). It will make an attempt at settlement or hold a hearing if probable cause is revealed by its investigation. The commission can award monetary compensation for such grievances as humiliation, suffering, and loss of a job; order a landlord to rent to you; and order an employer to give a promotion or back pay or to rehire you. Most cases are resolved in three to six months; employment cases may take longer.

Speed is of the essence when filing a housing-discrimination complaint, since the commission has the power to prevent the landlord from renting (or the sponsor from selling) the apartment while your case is under review. Call the fair-housing hot line (964-7000), which is staffed weekdays from 9 A.M. to 5 P.M.

New York State Division of Human Rights

488-5750

The division's jurisdiction generally overlaps with that of the city's Commission on Human Rights (above), but it also handles complaints of discrimination in lending (on the basis of race, creed, color, national origin, age, marital status, disability, or sex) and covers employers, landlords, and businesses outside the city limits. The adjudication process is lengthy: Within 8 months, you should receive a notice about whether your complaint is considered to have merit; cases that require a hearing take an average of 30 months to resolve. The division plans to move its offices early in 1985, so the phone number will change.

Equal Employment Opportunity Commission

264-7161

Call the commission if you have a complaint about employment discrimination because of race, religion, national origin, sex, or age. The EEOC's jurisdiction covers most private and public employers, including the city and state governments. The EEOC handles some of the complaints it receives, and the rest are turned over to the other agencies. The investigations take a month to a year; the conciliation process takes about the same amount of time. Settlements are voluntary; the EEOC cannot mandate that the employer accept its decision. The commission will sue an employer when the violation is great; it sues on behalf of a class of people — for damages, or to change a policy.

·Speed is of the essence when you're complaining about bias in HOUSING - the point is to block the rental or sale of the disputed apartment until your case is adjudicated.

DRY CLEANERS

New York City Small Claims Court

(see ALL-PURPOSE ASSISTANCE)

Consumer agencies consider dry-cleaning complaints to be among the most difficult to resolve, and don't want to expend major resources on them. They'll usually refer you to small-claims court, so you might as well go there first.

Better Business Bureau

533-7500

The BBB has a binding-arbitration program for dry cleaners, although only 60 cleaners have signed up so far. Call to see if your cleaner is on the list. (The BBB will attempt mediation with those cleaners not committed to arbitration.)

Neighborhood Cleaners Association

684-0945

This trade association provides lab analysis of garments and home furnishings (the cost, $35); you can get a written report explaining why your goods were damaged. Most of the time, the garments are damaged in dry cleaning because of improper labeling or poor manufacturing (if so, your dispute is with the store you bought the clothes from). The lab finds the cleaner at fault 20 to 25 percent of the time and the consumer at fault 10 to 15 percent of the time. The NCA will attempt to mediate with cleaners or stores if the damage was their fault. You'll get a lab report in five to seven days.

FOOD

United States Food and Drug Administration - Brooklyn Regional Office

(718) 965-5725

This agency handles complaints about food impurity, contamination, or illness caused by food products sold in interstate commerce (almost any supermarket item); it does not, however, handle complaints about meat or poultry (see below). To protect the public health, the FDA can seek court-ordered seizure of suspected food lots of manufacturers. processors, wholesalers, or retailers and will respond immediately to a food health threat. Save contaminated food for analysis. Lesser problems that do not pose a health threat (mislabeling, for instance) may take a year or more to be attended to because of cutbacks.

United States Department of Agriculture

264-4674, 4675, 4676

If a contaminated meat or poultry product bears the inspection mark of the USDA, get in touch with the agency. Prepared foods (chicken soup, for instance) that have the USDA stamp are also covered. The agency will respond to health hazards right away and will meet with the complainant within 48 hours.

New York State Department of Agriculture and Markets

488-4820

This agency deals with food products sold within the state. Its duties are similar to those of the FDA.

New York City Department of Consumer Affairs

577-0111

Call the DCA if food is sold in rusted, bloated, or badly dented cans, or to register complaints about false advertising, mislabeling, or short weight. (Sometimes it is legal to sell items in damaged cans — if they are sold at a reduced price or if they meet certain other guidelines.)

FUNERALS

New York State Health Department

340-3345

The department licenses funeral directors and registers funeral homes. Report complaints about charging for services not provided, misrepresentation of services offered, or failure to furnish an itemized bill. The department will investigate all complaints and try to settle the dispute informally; it can impose fines of up to $1,000 per violation of the license rules and can suspend or revoke licenses, but formal hearings can be lengthy.

Federal Trade Commission

264-1949

A recent FTC rule requires funeral directors to give you a written, itemized listing of services offered and their costs. A casket price list must also be made available. Cost information must be given over the phone, individual services (not just "packages") must be offered, and itemized bills must be given. No cases citing this rule have yet been filed in court. The FTC can seek penalties of up to $10,000 per violation, but the money goes to the government, not to you.

FURNITURE

New York City Department of Consumer Affairs

577-0111

Sale

Under DCA Regulation 508, the seller must give you an estimated delivery date. If the furniture isn't delivered within 30 days of this date, the rule gives you the option of canceling the order for a full refund, selecting different furniture, or getting a new delivery date. Refunds must be made within two weeks. Carpets and rugs are included; custom-made furniture is not.

Other complaints the DCA will handle: refusal to take back defective furniture, refusal to complete partial deliveries (the DCA says it is best not to accept partial delivery in the first place), misrepresentation of furniture contract terms or of furniture quality. The DCA will attempt to mediate all complaints. In some cases, the department is able to obtain refunds for customers or satisfactory exchange of furniture.

If the store has not clearly violated the law, there's not much more the department can do than attempt to get the parties to agree to a settlement. (Furniture stores and repairmen are not licensed. They do not have to submit to arbitration and can't be threatened by license revocation.) But if the law appears to have been violated and the store is responsible for a pattern of abuse, the DCA will seek a formal written "assurance of discontinuance" of the illegal practice and civil penalties of up to $500 per violation of the regulation.

Repair

If your furniture is taken out for repair or reupholstery, DCA Regulation 509 requires the shop to give you a written estimate of the cost and date of completion. If the repair people delay "for an unreasonable period of time," the customer has the right to immediate return of the property. The DCA will try to intervene for you if you can't get your property from a slow-moving shop. The agency may be able to persuade the shop to redo an unsatisfactory repair.

GARBAGE AND UNSANITARY CONDITIONS

New York City Department of Sanitation

334-8590

Call to report missed garbage collections, unusual litter conditions, dead animals in the street, garbage-strewn vacant lots, unusual snow or ice conditions (for instance, a water-main break that causes hazardous ice conditions), or abandoned cars without license plates. The department will try to respond to emergency conditions within 48 hours.

·Complaints about overcharges on RENT are worth making; the landlord can be fined three times the amount of the overcharge that the tenant has paid.

GOVERNMENT AGENCIES

State Agencies

New York State Department of State, Office of the Ombudsman

587-5760

The ombudsman's office was created to help citizens having problems with state agencies, from the tax department to social-service agencies. Staffers will get in touch with the agency and try to clear things up. The office has no formal legal power to order other state agencies to act, however.

City Agencies

New York City Council President, Office of the Ombudsman

669-7635

This office helps citizens having difficulties with city agencies. It is similar in concept to the state ombudsman's office.

HOME IMPROVEMENTS

New York City Department of Consumer Affairs

566-0774

The department licenses home-improvement contractors and salespeople. Under the licensing rules, the customer may cancel a contract within three business days. The DCA handles such problems as failure of the contractor to perform the work as promised, use of defective materials, and abandonment of the job. The license law provides for fines of up to $500 per licensing violation and suspension or revocation for serious abuses. The DCA also offers pre-contract advice on such matters as how to negotiate the contract and check your rights, how to stagger payments, and how to check whether the contractor is licensed and whether complaints have been registered against him.

HOUSING

Rent Control and Rent Stabilization

New York State Division of Housing and Community Renewal

(see telephone numbers below)

Call to report problems concerning rent overcharges, refusals to renew leases, and tenant harassment. The division can fine the landlord up to $2,500 for repeated acts of harassment, can order the landlord to pay the tenant a penalty of three times the amount of the rent overcharge, and can order a rent abatement if there have been cutbacks in services (e.g., failure to provide heat or hot water). The division is working on a large backlog of cases, so staffers would not estimate how long resolution of a complaint might take. The phone numbers for the various borough offices: 566-7970 (Manhattan below 110th Street); 678-2201 (Manhattan above 110th Street); 585-2600 (the Bronx); (718) 643-7570 (Brooklyn); (718) 526-2040 (Queens); (718) 816-0277 (Staten Island).

Dangerous or Unhealthful Conditions; Heat and Hot-Water Complaints; Housing-Code Violations

New York City Department of Housing Preservation and Development

960-4800 (24-hour staffed hot line)

The department handles complaints about failure to provide heat or hot water, to make necessary repairs, to install smoke detectors, to fix broken win-dows or leaks in ceilings, or to correct any dangerous or unhealthful condition. It will try to respond to heat and hot-water complaints within 24 hours. HPD will send inspectors to determine whether a housing-code violation exists. Landlords are given varying amounts of time to correct problems, from 24 hours (for immediately hazardous conditions) to 90 days (for non-hazardous conditions).

New York City Loft Board

566-1438

The board handles all disputes concerning buildings covered by the New York City "loft law." Call to report complaints concerning lack of heat or hot water, poor lighting, unlocked front doors, or any other instance of improper housing maintenance. Loft-board inspectors can issue violation notices for failure to provide services; landlords must correct the condition within ten days. Failure to do so can result in fines of up to $1,000 per violation. Also call to report harassment or overcharging problems. The board will send you a form on which you can report the matter. It may be necessary to go through a hearing, and disputes on these problems can take several months to resolve.

INSURANCE

New York State Insurance Department

602-0203

The department investigates com-plaints against insurance companies, brokers, agents, and adjusters. It will attempt to mediate claims, disputes, and problems with premiums or renewals. The agency sponsors arbitration panels to handle no-fault-automobile-insurance cases. If conciliation fails, resolution through arbitration could take three and a half to six months. The agency can also tell you how many complaints it has received about various auto-insurance companies, and that service may help you choose an insurer.

MAIL-ORDER SALES

New York City Department of Consumer Affairs

577-0111

Regulation 503 requires mail-order sellers to ship goods when promised or within 30 days if no delivery time is specified. If the company cannot meet the deadline, it must give the consumer the option of getting a refund or waiting for the goods.

Federal Trade Commission

264-1949

FTC rules give protections similar to those under the local rule. The FTC has nationwide jurisdiction, however, and that is particularly important since many of these sellers do business far from New York. The FTC does not get involved in resolving individual disputes; if there is a pattern of complaints about a company, the commission may sue the company to compel it to return customers' money or fill their orders.

If a company that inspires a pattern of complaints suddenly goes out of business, customers may never see their goods or their money again; still, on occasion, the FTC has got the company to use its assets to reimburse complainants. Complaints help the FTC establish these patterns of abuse. Staffers encourage consumers to check a mail-order sales company's reputation with the Better Business Bureau before they send their money off.

·Inspectors from the new quality-of-life task force will be dispatched to check out complaints about DISCO RACKET and other kinds of noise that madden you in the late-night hours.

MOVING AND STORAGE

Interstate Commerce Commission

264-1072

Interstate movers are closely regulated by the ICC, which handles complaints about carriers that don't show up, won't deliver your goods, or damage items and won't compensate you for them. The commission will intervene with movers, requiring them to acknowledge receipt of your claim within 30 days and, within 120 days, to pay the claim in full, make a settlement offer, decline the claim, or advise the claimant that the claim requires further investigation. The ICC can take the carrier to court for not abiding by these regulations; however, the commission is prohibited from becoming involved in dollar settlements of claims.

New York State Department of Transportation

938-3362, 3364

Movers within the state are licensed by the DOT, which requires licensees to file rate schedules. Truckers may not charge more than the rates on file. When there are unexpected problems with the move and extra charges are incurred, the shipper is not required to pay more than 25 percent over the estimate at the time of the delivery; he has 30 days to pay the balance of the extra charges. The DOT will mediate all moving complaints; often, a phone call resolves the problem. Settlements may be reached within 30 days; in the case of damage, resolution will take longer. If no settlement can be reached, you'll have to go to court.

New York City Department of Consumer Affairs

577-0111

The department licenses storage-warehouse operators, who must give written estimates, disclose prices over the phone, and break down their charges for storage preparation, sanitizing, padding, etc. Before selling goods for non-payment, the operator must give the consumer notice, and opportunity for a hearing by the Better Business Bureau. Often, the case is settled over the phone by a BBB staffer; in cases that require a hearing, the arbitration is binding on both the warehouse and the customer. Before you store property, call the DCA (566-0477) to find out if the warehouse you've chosen is licensed.

NOISE

New York City Department of Environmental Protection

966-7500 (24-hour staffed hot line)

The department handles all com-plaints about excessive or unnecessary noise (from discos, construction equipment, commercial air-conditioning units, and other sources of regular, measurable noise). Inspectors are dispatched within seven days to measure decibel levels. The Environmental Control Board holds hearings on violations five to six weeks after the notice of violation has been filed. Fines for unnecessary noise range from $125 to $500 per violation; for excessive construction noise, $500 to $2,000 per violation.

By law, construction is not permitted before 7 A.M. or after 6 P.M. or on Saturdays and Sundays, except with a special permit from the Buildings Department. To stop work during illegal hours, call the police; if they won't respond, call your local legislative office or community board for help. Some builders are willing to continue the violation despite a few fines, so persistence is necessary. If the complaint relates to noise from late-night spots such as discos, call the quality-of-life night squad Monday through Friday between 9:30 A.M. and 4:30 P.M. (calls are taken at the Department of Consumer Affairs, 577-0111) to ask that an inspector be dispatched to monitor the noise level at night.

NURSING HOMES

New York State Department of Health

502-0874 (518) 445-9989 (24-hour staffed patient-abuse hot line; call collect)

This department licenses nursing homes in the state. It investigates patient abuse, neglect, and deficiencies in the quality of care. An informal stipulated agreement is usually reached if a violation is found: The nursing home acknowledges the violation and agrees to correct it and pay a fine. Penalties can be as much as $1,000 per violation. Settlements can take several weeks. If the nursing home is unwilling or unable to correct a violation, a formal administrative hearing is held — that can take six months to a year. Cases of physical abuse, neglect, or mistreatment are referred to the local district attorney, who will determine whether there is evidence of criminal misconduct.

Deputy State Attorney General for Medicaid Fraud

587-5300 (8:30 a.m. to 11 p.m.)

962-1800 (hot line, staffed during business hours)

This office investigates charges for services not performed, as well as other schemes on the part of nursing homes or doctors to cheat the Medicaid system. Callers may remain anonymous.

Friends and Relatives of Institutionalized Aged

481-4422

This private, nonprofit group advises people about general rights and financial entitlements and assists people in evaluating nursing-home care and making effective complaints. Contributions are welcome but not required. (See article above for details.)

PIGEONS

New York City Bureau of Animal Affairs

285-9503

A large concentration of pigeons usually means someone is putting out food for them. If you can report the time and place that pigeon feeders regularly appear, the bureau will send out an inspector, usually within a week, to warn them not to do this. A summons (for littering — fines range from $25 to $500) will be issued to those not heeding the warning. The city does not exterminate pigeons. The bureau will also advise you on particular problems — e.g., how to prevent pigeons from gathering on windowsills, parapets, and under air conditioners — and will, if you so desire, get in touch with the landlord and require him to put up pigeon barriers outside your windows.

POLICE MISCONDUCT

New York City Civilian Complaint Review Board

477-7550

The board investigates any complaints — from discourtesy to use of unnecessary force by the police. Penalties range from reprimand to suspension; cases of criminal misconduct are referred to the district attorney. The board completes virtually all cases within 90 days and many within five weeks.

·The Bureau of Animal Affairs will help you get those clucking, flapping PIGEONS off your window ledge, and will issue a summons to those who scatter food that attracts bands of the noisome birds.

POTHOLES

New York City Department of Transportation (see telephone numbers below)

To report a pothole, give the DOT the street, the address of the nearest building, and, if the pothole is near the curb, the posted no-parking hours. Although staffers would not estimate the response time, "every effort is made to repair the pothole within two weeks." To report the pothole so that someone later injured by its presence can sue, you must send written notice to the Prior Notice Unit, Department of Transportation, 40 Worth Street, New York, New York 10013. The phone numbers for the various borough offices: 566-2018 (Manhattan); 931-3370 (the Bronx); (718) 643-7947 (Brooklyn); (718) 520-3311 (Queens); (718) 390-5142 (Staten Island).

PROFESSIONALS

Doctors

Office of Professional Medical Conduct - New York State Health Department

340-3363

Call with complaints about professional misconduct (e.g., sexual abuse, gross incompetence, alcoholism). All complaints will be investigated; in most cases, the process will take a few months. An investigation committee will decide whether the case should be given a hearing or referred to the appropriate peer group or local medical society. The hearing takes at least 60 days and usually longer; physicians can produce an unlimited number of witnesses.

The Board of Professional Medical Conduct, an advisory body, makes recommendations to the New York State health commissioner, who renders an independent determination to the Board of Regents, the licensing body with the authority to use sanctions against the physician. The full process is lengthy and laborious; sometimes cases are settled sooner if the physician voluntarily consents to sanctions (license suspension or revocation).

Lawyers

(see telephone numbers below)

For Manhattan and the Bronx, call the Departmental Disciplinary Committee, Appellate Division, First Judicial Department, 685-1000; for Brooklyn, Queens, and Staten Island, call the Grievance Committee for the Second and Eleventh Judicial Districts, (718) 624-7851. These committees handle all misconduct complaints (e.g., theft of client funds, misuse of funds held in trust, serious neglect of your case, gross incompetence). They will not resolve a fee dispute unless it is grave enough to be considered misconduct; fee disputes are referred to the county bar associations, which have conciliation programs.

The committees can issue cautions (when the attorney has come close to committing a violation but hasn't) and admonitions (when the attorney has violated a rule unintentionally or in a minor way) and, after a hearing, can recommend to the Appellate Division public or private censure, suspension, or disbarment. The formal process may take a year or longer if more serious sanctions are sought, or a few months for lesser matters. If an attorney restores funds to a wronged client, this will be taken into consideration when the committee decides on a sanction.

Architects, Certified Public Accountants, Chiropractors, Dentists, Engineers, Land Surveyors, Masseurs and Masseuses, Nurses, Pharmacists, Podiatrists, Psychologists, Social Workers, Veterinarians

Office of Professional Discipline

New York State Education Department (see telephone numbers below)

This office investigates any type of misconduct except fee disputes. The average investigation is completed within six months of receipt of the complaint. The formal procedures can take a year or more. Many cases are settled by voluntary stipulation setting a monetary penalty that goes to the state and is approved by the New York State Board of Regents. No consumer compensation is authorized; you must sue in court. Call 557-2100 (New York City); (516) 549-2371 (Long Island); (914) 761-8067 (White Plains).

Barbers, Cosmetologists, Notaries Public, Private Investigators, Real-Estate Brokers, Security Guards

New York State Department of State

587-5740

The department investigates all kinds of misconduct. If the complaint is deemed worthy, an informal hearing is held. The hearing officer can recommend one of four actions: no charge, license suspension, license revocation, or a fine. The process can take one to three months, depending on the complexity of the problem.

RATS

New York City Department of Health

285-9503

A department staffer will respond within 24 hours if you've seen a rat in your apartment.

REPAIRMEN

New York City Department of Consumer Affairs

577-0111

TV, radio, and audio repairmen are licensed by the DCA, and other repairers of consumer products are subject to Regulation 509 of the Consumer Protection Law. Repair people must provide written estimates, get your written okay to do the work (unless you are in a hurry), and offer to return replaced parts; they may not charge more than 20 percent above the original estimate. Both the estimate and the final bill must be itemized; the estimate must give an expected completion date; if unreasonable delay occurs, you have the right to an immediate return of your property. The DCA will try to mediate complaints. If a pattern or practice of violation appears, the DCA can seek fines of up to $500 per violation, or initiate license-suspension or -revocation hearings.

RESTAURANTS

New York City Department of Health

334-7753 (illness from food)

285-9503 (filth, mice, vermin)

Health inspectors will respond "within hours" to a problem caused by food eaten in a restaurant. Report unsanitary conditions; there should be an inspection within a few days.

SIDEWALK OBSTRUCTIONS

New York City Department of Consumer Affairs

577-0111

The DCA licenses sidewalk cafés and assorted other sidewalk space invaders (newsstands, fruit-and-vegetable stands, street peddlers). If you're concerned about excessive sidewalk congestion, file your complaint with the DCA. Often enough, these sellers aren't licensed, and the Padlock Law authorizes DCA inspectors to padlock the doors and remove the owners' property from the street after due process. Response time depends upon the availability of DCA inspectors.

·If you have a complaint about serious misconduct by a real-estate BROKER you should call the New York State Department of State, which can fine him or revoke his license.

SNOW REMOVAL

New York City Department of Sanitation

334-8590

The department has a "systematic procedure" for snow removal. Primary streets are cleared first, then secondary streets, then tertiary roads. Generally, the department will adhere to its plan, so don't call unless some good reason exists for assuming your problem is significant enough to get the DOS to amend its master plan (an oil truck skidding into a busy intersection would be a significant problem).

STREETLIGHTS

New York City Bureau of Electrical Control

566-5855

Call to report malfunctioning streetlights. The bureau will usually correct the problem within ten days.

TAXIS

New York City Taxi and Limousine Commission

869-4237

Call to file complaints against drivers (e.g., refusal to take you where you want to go within the five boroughs, rudeness, abusive conduct, taking a lengthy, indirect route). The TLC holds hearings and can impose a fine of up to $500 and suspension of the license. If the driver has three violations (of particular rules) in a two-year period, his license will be revoked. A hearing is usually scheduled within 25 days of the complaint.

THEATER TICKETS

New York City Department of Consumer Affairs

577-0111

Ticket sellers must disclose on the ticket the fact that the seat has an obstructed view. Agents must post or provide diagrams of all seats. A theater can be fined for failing to comply with these regulations, and the DCA may be able to arrange a refund or tickets for another performance.

TRANSIT

New York City Transit Authority

330-3336

The agency takes transit complaints of all kinds: rude bus drivers, broken subway windows and doors, poor lighting in stations, vandalization, dirty subway cars. "We're starting to get a handle" on maintenance problems, says a T.A. spokesman. Is there light at the end of this tunnel?

UTILITIES

Public Service Commission

219-3550 (electricity and gas)

488-5330 (telephone)

The commission will handle problems with billing, service, deposit waivers, and anything else you cannot get the utility itself to resolve. The PSC can check the records of major utility companies by computer; many complaints can be resolved quickly over the phone. If a meter visit is required, staffers will try to schedule it within two months.

A PSC staffer will make a decision; if you don't agree with it, you can request a review or a hearing with a PSC mediator and the utility. The commission is empowered to order utilities to correct your bill, waive deposit demands, and, in case of electric outages, reimburse you for food-spoilage losses up to $100 (if the utility is found to have been negligent). Greater damage awards are available only through court action by the customer.

WATER

New York City Department of Health

566-6025

Call to file complaints about water that's discolored, has a funny taste or odor, or has particles floating in it. Health inspectors will immediately take samples and run necessary tests to determine if there's a health hazard.

(http://www.autoadmit.com/thread.php?thread_id=4401029&forum_id=2#39263310)