PLEA gratefully acknowledges our primary core funder the Law Foundation of Saskatchewan for their continuing and generous support of our organization.
You may not be satisfied with goods or services you have purchased. Depending on the situation, you may have legal remedies. You can also first make your complaint to the business and try to work something out with them.
Before pursuing a complaint, make sure you have grounds to complain. This means looking at what was agreed to and determining if the business has lived up to their part of the deal. It also means determining if you have kept your part of the deal. Check the care instructions for the product to see whether the problem is the result of something you have done. For example, if a new sweater shrinks because you did not follow the instructions on the attached label, you do not have a legitimate complaint. However, if there are no instructions, you may have cause to complain.
Look at the contract terms and determine if you have any cancellation rights or if the terms of the contract have not been met.
If it is a consumer product, consider whether a statutory, express or written warranty has been breached and, if so, how. In cases where there has been no breach of warranty, you may still want to complain. However, in these cases you have no right to a refund.
For the most part, your contract and any warranties govern what legal rights you have. You may also have a complaint about non-legal things. For example, if you were ignored by sales staff or just had a bad experience in general. You can always go ahead and bring any matter to the business’s attention. In most cases, businesses are happy to have this kind of feedback.
Disclaimers sometimes try to limit the liability of a company or business. This could be for damages or injuries caused by a defective product, even if that company or business is at fault. You may be familiar with some of these common terms…
In Saskatchewan, disclaimers cannot be used to exclude all liability when the contract is for a consumer product. In general, consumer products are goods that are usually used for personal, family or household purposes. This includes things like toasters, TVs, cars, or bottles of pop.
Whether the clause is in small print in the contract, on a poster on the wall, or as a condition on the back of a ticket, it must be brought to your attention before the business can rely on it, and it must be clearly stated.
But the situation is different if the contract is for services. A sale of services is one where the consumer buys a personal service, not a product. This includes things like a haircut, a holiday package or repair work. If the disclaimer clause is part of a contract for services, and you have signed the contract, in some cases you will have given up a right to claim against the seller for damages caused by faulty service. The disclaimer clause may help the business avoid liability, including liability for death or destruction of property, unless the damage was caused by a degree of negligence by the business.
In order for a business to be able to rely on these clauses, however, it must give you notice of the clause before the contract is made. For example, a hotel may not be able to rely upon a disclaimer clause that is on a guestroom wall, because it is not seen by guests until after they are registered. However, if the disclaimer notice is at the entrance hall by the registry desk, the hotel may be able to rely on it, because guests can see it as they check in to the hotel.
Often, when a retailer agrees to finance your purchase, that retailer will sell, or assign, the contract to a finance company. You then will be notified that your payments are to be made to the finance company instead of the store. You do not lose your consumer rights because of this, however. Although a finance company may claim to not care about any technical problems that you are having with your new product, you still have your rights.
There are some steps you can take to improve the chances that your complaint will be addressed.
If you have a complaint about a service or a product, the place to start is with the business that sold you that service or product. In the case of products, you can go on to the manufacturer if your concern is not dealt with by the seller.
When approaching a business with a concern, it is important to talk to someone who has the authority to do something about your complaint. Sometimes, that is the person who is right there at the moment. However, depending on your situation, this might mean going to someone higher up. Searching the business's website to determine their management structure can help you decide who to address your complaint to. You can also use their website to find contact information for people in positions of authority.
Gather all of your documents, including bills, receipts, warranties and letters. Organize them, so that they are easy to find and refer to. Keep copies of all letters and other documents. Always keep the originals of the bill, receipt and warranty, and make copies of these to send to the businesses. Keep records of all telephone calls about your issue and the details of each call. Have all the information readily available when discussing the problem. It is a good idea to write rather than just phone, because you will have more accurate records. You can supplement a letter or email with a phone call as a follow-up for a more personal impact.
You are more likely get a better result by being polite to whoever you are dealing with. People will typically want to help someone who treats them well. Being rude or aggressive can create more of an adversarial relationship. This means it is you versus them and now they want to win by not giving you what you are looking for.
Be clear and straightforward. Know what you want. Clearly state the problem and the result you expect. Do you want a refund, repairs, or a replacement? How soon do you expect the result?
Be aware of the ways in which a business may try to discourage you. Some methods are:
There often are physical and emotional costs attached to complaining effectively. Consumers may get tired and feel it is just not worth it. Spending a year and a half getting defective insulation in a mobile home repaired is one thing, but is it worth it for a defective toaster or iron? Decide ahead of time what cost you are prepared to invest in getting a remedy.
A consumer dealing with an uncooperative seller or manufacturer can be at a disadvantage when it comes to economic power and resources. Using appropriate agencies can give you some leverage and help pressure or influence the business into doing the right thing.
Do not be intimidated into accepting an offer of settlement that is inappropriate or unreasonable. For example, you may be faced with threats that:
Generally bad publicity is more of a risk for the business than it is for the consumer.
Know that you may have to return several times if you do not get a satisfactory response at once. If it is necessary and worth it, stick with it!
If you still get no results after making a complaint, you will want to decide on the next appropriate steps…
PLEA offers free online training on preventing and addressing workplace harassment.