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If you believe that you've been taken by an online scam, here are some steps that can help you regain your peace of mind:
- Collect and Secure Documents: The first step is to organize yourself. Collect any documents related to your involvement with the company or individual. Relavent documents include e-mail communications, printouts of webpages or web transactions, telephone records, payment receipts, credit card statements, cancelled checks or anything pertaining to your involvement with the company. If you have an online account then print account snapshots indicating any money or rewards that are owed to you. A truly fraudulent company may attempt to destroy evidence.
- Outline Your Complaint(s): Outline your substantive complaints with the company. Be objective and stick to the facts. Do NOT include personal issues or reactions to the company. For example, DO write down that the company owes you $x.xx, but DO NOT say that the company is a thief. DO write down that Representative A told you "XYZ," but DO NOT call Representative A a liar. Reference the documents collected in the previous step when they support your claim.
- Outline Your Desired Resolution(s): Outline the actions that the company must take in order to satisfy each of your complaints. These should be tangible assetts, such as a refund of $x.xx or a new widgit. Avoid asking for intangible things like an apology or the termination of Representative A. Focussing your objectives on achievable goals will offer the best chance of success.
- Collect Company Information: Visit the company's website or The BBB's Search Engine in order to find basic information about the company. BBB files generally include addresses, phone numbers, email addresses and websites. Print out a copy of the business information for your records. You will need it in order to move forward with your complaint.
- Contact the Company: Write a letter or an email to the company that includes the specific complaints and resolutions that you have already outlined. Stick only to the facts. Do not allow your personal feelings about the company to cloud your communication. If you are specific about your requests and tactful in your communications then most complaints will be resolved directly by the company. Attempt at least three communications over 1-2 weeks before proceeding to additional action. If you receive an inadequate response then cease communication and file a formal complaint.
- Mediation: File a complaint with a mediator or a consumer organization to begin dispute resolution. The Better Business Bureau (BBB) and The Federal Trade Commission (FTC) are independent entities that will allow you to file a complaint against a company online. The report should be concise and include each of your complaints and desired resolutions. The complaint will be sent to the infringing company and they will be given the opportunity to respond. Every attempt will be made to resolve complaints; however, the BBB and FTC do not have the legal authority to mandate any action. If the company does not respond or does not adhere to the conclusions of mediation then you may want to consider filing a small claims action.
- Litigation: If you require monetary compensation then you may file a small claims action. Please note that most states require the filer to pay a small fee that will be assessed to the defendant if you win your case. If you believe that filing a small claims action is appropriate then visit your local court house to get help with filing your claim. The process varies greatly from state to state, making it essential for you to discuss the matter with a court clerk who will guide you through the process. If the company does not have a place of business within your state then ask about special rules for filing a complaint against an out-of-state entity. There may be special requirements for serving complaints or hearings may be held over the phone. Lawyers are not required to file small claims.
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