Frequently Asked Questions
- What is the Office of Consumer Protection and what does it do?
- What do I do if I have a consumer problem?
- What does OCP do when I file a complaint?
- What if the merchant doesn't respond to the Investigator's letter?
- What if my complaint is urgent? Do I still have to wait for the merchant to respond to OCP's letters?
- If OCP's Investigator cannot resolve my complaint, what can I do?
- Can I use private consumer help organizations?
- Can OCP recommend reliable merchants?
- If I'm not satisfied with a purchase, can I stop payment on my check or charge back on my card?
- Is it true that you have a right to cancel any contract within three days after you sign it?
- If I purchase something that's defective, does the merchant have to replace it or give me money back?
- What if I want to return an item that isn't defective? Do I have a right to a refund?
- If a store says there was a price mistake in an ad, do they still have to sell the advertised item at the advertised price?
- What if an advertised item is not in stock?
- How do I find a reliable home improvement contractor?
- What if a warranty (on a house, a car, an appliance) expires before an existing defect is repaired?
- Does an auto repair shop have to give me a written estimate? What happens if the final bill exceeds the estimate?
- If an auto repair shop can't fix my car after repeated attempts, do I have to keep taking it back to them? What can I do?
- If I place a deposit on a new car and then change my mind about buying it, can I get my money back?
- If an auto dealer is taking a long time to repair my car, do they have to give me a loaner car?
- When I have my car repaired, do I have a right to get my old parts back?
- Generally, how can I protect myself when I have my car repaired?
- What do I do if there is a mistake on my monthly credit card statement?
- Can OCP help me if I have been treated unfairly by a merchant?
1. What is the Office of Consumer Protection and what does it do?
The Office of Consumer Protection (“OCP” or “the Office”) is a Montgomery County Government agency created by the County Council in 1971. OCP is responsible for enforcing consumer protection laws under Chapter 11 of the County code which prohibit unfair and deceptive business acts to ensure a fair marketplace for consumers and businesses.
What We Do:
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Enforce Laws: OCP can investigate businesses that engage in unfair practices and has the power to issue subpoenas and conduct investigative conferences if needed. If OCP determines that a merchant has acted deceptively or unfairly, the Office can issue Civil Citations and may seek a $500 civil fine and an Order for Abatement to make things right for the affected consumer. In some cases, OCP can ask the merchant to sign a cease-and-desist agreement, which would require them to stop the illegal practice and potentially provide restitution to consumers, pay civil penalties, and cover investigative costs.
If necessary, OCP can ask the County Attorney to file a complaint on behalf of the County to take legal action against a merchant. If the complaint is accepted, the County can sue the merchant for civil penalties, restitution, injunctions to stop the illegal activity, and any other relief that the court deems appropriate. -
Investigate Complaints and Resolve Disputes: OCP has the power to investigate complaints related to consumer transactions that happen in Montgomery County, no matter where you or the merchant are located. The important thing is where the transaction took place. The Office's job is to find out the facts related to the complaint, check if any laws have been broken, and try to come to an agreement between the merchant and consumer. OCP can't give legal advice or act as a lawyer for a consumer, and the Office can't force the merchant to resolve the issue.
If a voluntary agreement can't be reached, OCP can suggest other options to the consumer. - Registers and Licenses Businesses: OCP registers New Home Builders and Sellers, Radio, TV, and Appliance Installation & Repair firms, Commercial Parking Lots, and Auto Repair and Towing firms. It also licensed Secondhand Personal Property Dealers.
- Educate Consumers and Businesses: OCP strives to ensure that both consumers and merchants are aware of the Office’s functions and powers, and to that end, OCP provides a wide range of resources. OCP produces publications, offers speakers for community groups, publicizes enforcement actions, and has staff available to answer telephone and email inquiries. The distribution of public information is a crucial OCP function, as it serves to empower consumers to safeguard themselves and enables merchants to stay informed about their legal obligations. By promoting awareness and understanding of consumer protection laws, OCP works to foster an environment of trust and fairness between consumers and merchants.
- Mediate Conflicts: When appropriate, OCP can refer a complaint or dispute for free formal mediation administered by experienced professional mediators.
- Extras: OCP also administers the County's Domestic Worker Law and provides the Patient Advocate service under the Emergency Medical Service Insurance Reimbursement Program
2. What do I do if I have a consumer problem?
When you encounter a consumer problem, the first step is to reach out to the merchant directly. You can speak with the manager, owner, or corporate office and explain your issue in a respectful but firm manner. Give the merchant a fair opportunity to address your complaint and try to find a resolution.
If you have tried to work with the merchant and they haven't been able to resolve your complaint, you can contact OCP for assistance. Whether you are unsure if your problem is legitimate or just want to discuss your situation, don't hesitate to get in touch with OCP. You can call, email, or visit the office during business hours, and there will always be an investigator available to offer advice and guidance.
3. What does OCP do when I file a complaint?
When we get a written complaint, we assign it a complaint number and make sure that OCP has the authority to handle it. Our Office's responsibility is to gather all the relevant facts related to the complaint, review them, and determine if the law has been violated. If we don't find any violations, we'll try to work out a voluntary settlement between the consumer and the merchant. Please note that we cannot provide legal advice or represent a consumer in court, and we can't force a merchant to settle a case. However, if we can't come to an agreement, we'll suggest other remedies that may be available to you.
Once we assign an investigator to the case, they will review all the information and get in touch with the merchant to discuss your complaint. We'll attach your written complaint to our communication and ask the merchant to respond to it. Once we receive the merchant's response, the investigator will contact you and take the necessary steps to try and resolve the case.
4. What if the merchant doesn't respond to the Investigator's letter?
OCP will do everything reasonably possible to contact the merchant and get a written response to your complaint. If the merchant doesn't respond to our first contact attempt, we'll reach out a second time and request a response within a specific time frame. If the merchant still doesn't reply to our second letter, we have the authority to issue a subpoena that requires the merchant to provide information on the case.
5. What if my complaint is urgent? Do I still have to wait for the merchant to respond to the OCP's letters?
We understand that certain cases may require immediate attention, and our procedures are designed to be flexible enough to handle such emergencies. However, there may be instances where we are unable to accommodate certain requests due to staffing limitations, legal requirements, or time constraints.
6. If OCP's Investigator cannot resolve my complaint, what can I do?
If the complaint doesn't involve a violation of the law but rather a dispute over the facts, OCP may recommend submitting the issue to our free formal mediation program. We have formal mediators who volunteer their time to help resolve disputes, but the mediation process is entirely voluntary and requires both parties to agree to it. The goal of mediation is to reach a written settlement agreement that both parties agree to. It's important to keep in mind that once you agree to a settlement, it is legally binding.
If mediation is unsuccessful, the consumer may consider pursuing legal action. OCP cannot provide legal advice or determine if a legal cause of action exists. For disputes involving less than $5,000, the consumer may file a lawsuit in the Small Claims Division of the District Court without needing a lawyer. For disputes involving more than $5,000, a regular lawsuit must be filed, and it may be helpful to consult with an attorney.
In certain cases, a federal or state agency may have more authority over the issue. For example, the Office of the Comptroller of the Currency has jurisdiction over national banks it regulates, and the Federal Communication Commission has authority over wireless network and bandwidth issues. If a resolution can't be reached through OCP process, consumers may ask if another agency has concurrent or paramount jurisdiction over the dispute. In that case, we can provide the closed public investigation file under the Maryland Public Information Act to be used in submitting a subsequent complaint to the other agency.
7. What about private consumer help organizations?
It doesn't hurt to seek help wherever you can get it, and some private organizations can be very effective. Make sure to vet the organization before submitting your personal information.
8. Can OCP recommend reliable merchants?
As a government agency, we cannot say which merchant is better than another. Our staff can't give opinions on whether a merchant is good or bad at providing service. However, if you want to know how many complaints were filed against a specific merchant, whether the complaint was resolved or not, or if OCP took legal action, you can search our public records. If you want to see the actual complaints, you can ask for them by submitting a Maryland Public Information Act Request.
Please note that the information we give you may not show you all the factors that affect a merchant's reliability. To make this information more helpful, you should look at the complaint records of three or more comparable businesses. This way, you can compare how one business stacks up against its competition. You can also check with the Washington Consumers' Checkbook magazine, which you can find at your local library, for more information.
9. If I'm not satisfied with a purchase, can I stop payment on my check or credit card?
We cannot advise you as to whether you should stop payment. You may want to consult with an attorney to learn about your rights. You should be aware that in Maryland it is a criminal offense to write a check with the intention of stopping payment on it. Your credit card company has its own dispute resolution program if you dispute a charge due to a quality or delivery issue.
10. Is it true that you have a right to cancel any contract within three days after you sign it?
Not always. You only have a three-day right to cancel if it's stated in the contract or if there's a specific law that applies. Usually, the three-day "cooling off" period only applies to certain kinds of contracts.
If a contract is signed for $25.00 or more at your home or somewhere else that's not the merchant's place of business, you have the right to cancel it within three (3) business days. The merchant is supposed to tell you both in writing and verbally about this right. Contracts that typically fall under this category include door-to-door sales and home improvement agreements. Recently, Maryland law has increased the cooling off period for home improvement contracts to five (5) days generally and seven (7) days if the consumer is a senior.
However, if a merchant promises certain finance terms, such as a specific interest rate or monthly payment, but can't keep their promise, you can cancel the contract and should not be pressured to sign a new agreement. This often happens with car sales (also known as yo-yo sales).
11. If I purchase something that's defective, does the merchant have to replace it or give me money back?
Not always. Generally, the merchant is entitled to a reasonable opportunity to repair the defect if possible. If it can't be repaired satisfactorily, you may be entitled to a replacement or refund, depending on the particular facts of your case.
12. What if I want to return an item that's not defective? Do I have a right to a refund?
No, a merchant can have any policy they want regarding returns and exchanges, but they must tell you about it when you make your purchase. This can be done through a sign in the store, a notation on the receipt or label, or some other method.
If the merchant doesn't disclose their return policy, then you can expect to receive a cash refund for a cash purchase, a credit for a charged purchase, or a merchandise credit for a gift return.
If you're worried about returning a purchase, it's best to ask about the return policy before you buy and get it in writing.
13. If a store says there was a price mistake in an ad, do they still have to sell the advertised item at the advertised price?
It's not always the case. Mistakes can happen, and advertisements are usually seen by courts as offers to do business, rather than creating a binding obligation for the merchant. If there was a mistake, the merchant should take quick action to fix it, such as putting up a correction ad in the newspaper and posting a sign in the store.
However, it can be helpful to speak up and let the merchant know if you're unhappy. Many merchants care about customer relations and may offer to make an adjustment for a customer who was inconvenienced by a mistake.
If a merchant repeatedly makes "mistakes" in their advertising, it could be a matter for OCP to look into. Too many "mistakes" could be seen as a deceptive trade practice.
14. What if an advertised item is not in stock?
According to Montgomery County law, a merchant must have enough of an advertised item to meet what is considered reasonable public demand. Sometimes, though, demand can be unexpectedly high, and an item will sell out quickly. If only limited quantities are available, the ad should say so. This applies whether you're shopping online or in-store. When shopping online, if the retailer no longer has inventory, the product should be clearly marked as "out of stock" or something similar. Although not required, it would be helpful if the reason for the inventory shortfall (such as a discontinued item or temporary unavailability) was also noted. While there might be valid reasons for continuing to list an out-of-stock item, more information about the reasons for the stock outage can help consumers make better purchasing decisions.
15. How do I find a reliable home improvement contractor?
You can never eliminate all the risk but there are several things you can do to protect yourself. Please review OCP’s “ Choosing a Home Improvement Contractor ” page for guidance on selecting a home improvement contractor.
16. What if a warranty (on a house, a car, an appliance, etc.) expires before an existing defect is repaired?
If you report a defect during the warranty period, it's still covered even if the warrantor hasn't fixed it yet. To make sure that the defect is officially recorded, it's a good idea to report it in writing (and keep a copy) during the warranty period. This way, the warrantor can't claim that the problem occurred after the warranty period ended. If you have trouble getting warranty service performed, you can contact OCP for assistance.
17. Does an auto repair shop have to give me a written estimate? What happens if the final bill exceeds the estimate?
If you ask for one and the repairs will cost more than $25, a repair shop must give you a written estimate under County law. The shop must also have a sign posted that tells you about this right. The shop is allowed to charge you for the time it takes to prepare the written estimate. The final repair bill cannot be more than 10% over a written or oral estimate without your prior approval. However, it can be difficult to prove an oral estimate.
18. If an auto repair shop can't fix my car after repeated attempts, do I have to keep taking it back to them? What can I do?
If possible, you might want to consider getting a second opinion from another repair shop to diagnose the problem. If you decide to have the issue fixed by another repair shop, keep in mind that it's been our experience that shops are typically more willing to fix their own mistakes than to pay for another shop to fix it. Therefore, you may have difficulty getting voluntary reimbursement if you take your vehicle elsewhere to be fixed. If you feel that a repair shop has had more than enough chances to fix a problem, you can contact OCP for help. We have automotive experts on our team who can help you identify the problem and work with the repair shop to get it fixed.
19. If I place a deposit on a new car and then change my mind about buying it, can I get my money back?
Whether or not you can get a refund for a deposit on a purchase depends on the dealer. Some dealers may offer a refund if the purchase is cancelled quickly. If the dealer arranged financing but you haven't yet signed the financing agreement, you have the right to cancel the purchase. However, before agreeing to the purchase, you should discuss cancellation terms with the dealer. If the dealer agrees to let you cancel, be sure to get the agreement in writing. If you encounter any issues with this, contact OCP for assistance.
20. If an auto dealer is taking a long time to repair my car, do they have to give me a loaner car?
It depends. The answer depends on several factors. If you experience such a problem, contact OCP for advice.
21. When I have my car repaired, do I have a right to get my old parts back?
In general, yes. According to Montgomery County law, repair shops are required to offer you the old parts after a repair is completed. However, you have the right to decline the offer and not take the old parts. In some cases, if a defective part is replaced under warranty, the old part may need to be returned to the manufacturer, in which case the repair shop would not have to offer it to you. Additionally, some parts come with a "core charge," which is a credit the shop receives for returning the old part to the supplier to be rebuilt. If you want to keep the old part, you may have to pay the core charge, but the shop should disclose this to you before the work begins.
22. Generally, how can I protect myself when I have my car repaired?
These are some steps you can take to protect yourself when dealing with a repair shop:
- Request a written estimate before any work is done.
- Ensure that the repair shop returns all old parts to you.
- Obtain the names of the people you are dealing with and inquire about technician certification by ASE.
- Ask for a detailed invoice that includes all work done and parts replaced.
- Keep records of all repairs and invoices.
- Speak with the manager or owner if you encounter any issues.
Contact OCP if other approaches have been unsuccessful.
23. What do I do if there is a mistake on my monthly credit card statement?
Read the directions and follow the dispute procedures often identified on the back of the statement. If you are unable to get a problem resolved this way, contact OCP and we can try to help.
24.
Can OCP help me if I have been treated unfairly by a merchant?
It's not uncommon for consumers to report incidents of rude or unfair treatment by merchants. Although OCP cannot regulate a merchant's behavior, there are steps that you can take. First, try speaking to the manager, owner, or corporate office and explain the situation, including any identifying information about the employee involved. If the behavior you experienced constitutes discrimination, the Montgomery County Office of Human Rights investigates such complaints. Contact them directly for assistance. Remember that you always have the option to take your business elsewhere if you feel mistreated by a merchant.