Dale Hayward's Consumer Corner
This week I will start a series of articles, mixed with some trivia, about the Maine Consumer Law Guide. This publication can be accessed online here. This booklet contains some of the best consumer laws in this country. It should be read with caution so that you understand it, even by reading it over again. As best I can determine this booklet was last updated in 2013. If in doubt, call 626-8800 for more information. Please remember this is NOT legal advice, I will be quoting bits and pieces without making a personal opinion as to the quality of the law, rule, section or paragraph but only with helpful hints to make it a little more workable. There are 32 chapters to this booklet covering laws, practically from A-Z. I will be very careful to remind you to be careful, read completely and ask questions. Some laws are not known by merchants. You have consumer rights and this should help to understand them.
Chapter 1: HOW TO ENFORCE YOUR CONSUMER RIGHTS
The buyer and seller have a common association: to buy the best products for the most reasonable price and the seller should be selling products that do what they are advertised to do with competitive pricing. Sounds easy. But there are problems with consumer goods we buy every day. Remember Consumer Corner Article #1 was on comparative shopping, always keep that in mind. Finding your money's worth is a priority. Keeping merchants from being unfair is necessary not just for you, but for others. Sellers have to maintain reasonable standards.
If your complaint is legitimate, and not just disappointment with the product/service, try to deal with the merchant. Most local merchants are your first avenue to finding a satisfying conclusion. Try the store manager, get his/her name and the date and time you talked to them. If the conclusion is not want you want, you need to step up your concerns. Most companies have consumer complaint officers at their website. Pick the top name on the list of corporate officers if you desire. Getting to the top may be the quickest way to resolve a serious problem, saving you valuable time and further problems with the product. I would not recommend using a defective product. Keeping a time-line and list of names are important.
There are situations where you may need extra firepower: Write to the Maine Attorney General's Consumer Protection Division, 6 State House Station, Augusta, ME 04333-0006 or the Better Business Bureau, 225 West Central St., Suite 1, Natick, MA 01760-3767. Be concise, cool and calm. This process does work well in many cases. If you access the Maine Attorney General's Consumer Protection Division website you will find complete instructions.
It is best to try and deal locally, this not only makes it easier for you, but it will hopefully instill a sense of responsibility with the merchant who wants to be in business a long time. Some companies will refuse to help you and we will learn what to do in that case, which will be a little different than stated above.
This chapter also covers legal remedies such as small claims court, which is basically where you represent yourself, if you feel comfortable. It is a fairly inexpensive venue, and a more casual court setting. There are other referrals, if your concern qualifies, through Pine Tree Legal Aid at 622-4731, the Maine Bar Association Referral Program at 622-1460 or ask your friends who may have experienced the same problem. Hiring an attorney is another choice.
Consumer laws in Maine fall into three categories: 1) Statutory law enacted by the Legislature and Congress, 2) Case law, which was developed by prior court decisions, and 3) Regulations that are developed by state and federal agencies pursuant to the laws enacted by the Legislature and Congress. If you have questions, contact the Maine Law and Legislative Reference Library (43 State House Station, Augusta, ME 04333-0043 or call them at 287-4817.) You can also search local libraries. Remember to keep all receipts. By getting into this habit you will be well prepared for a claim.
If you are interested in learning more, please reach out to the contacts above. Next week we will go over Chapter 2: Consumer Contracts in Maine. In the coming weeks, we will cover many issues such as implied/express warranties, Contracts, Lemon Laws, AS IS sales, Bait and Switch, Beano, Appliances, Casual Sales, Collecting a Debt, and many more. Thanks for reading.
HINT: Use the little plastic tag on loaves of bread to group small wires together, such as for your computer.
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Who is Dale Hayward?
Dale Hayward was born and raised in Belfast and Northport, and lives in Rockland.
He graduated from Harford Institute of Accounting in Connecticut and served in the U.S. Air Force from 1966 to 1970. He was a state auditor in Delaware and Maine, where he also owned and operated private accounting practices. From 1978 to 1992 he owned and operated Seaport Office Supply. For the next eight years he drove a tour bus 600,000 miles across the United States and Canada.
Dale holds a Bachelor of Science in business administration, with a major in management and a minor in finance, from the University of Maine. He retired in 2007. He previously presented a consumer talk show on WRFR.
On why he continues to share consumer information, Dale said, "Consumer information is critical for people to survive in this economy and I would like to share my extension knowledge after having researched issues for many years. The format is to provide tips, advice and facts for people to check out further. This is not legal advice and does not carry any promises."
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