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Page Last Edited 01/11/08
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Filing a Complaint Filing
a Complaint Filing a Complaint in Maryland If you are dissatisfied with the product or service provided by a Maryland business and would like to file a complaint, contact the Office of the Consumer Protection Division at: State of Maryland Website http://www.oag.state.md.us/Consumer/. Note: the Consumer Protection Division is not authorized to serve as your attorney. If you cannot resolve your problem using the OAG’s mediation and arbitration services, you should consider consulting a private or Legal Aid attorney or filing a private lawsuit in Small Claims Court or a Maryland District Court. 3 Ways to Get a Complaint Form
Online Complaint Forms Note: The Complaint forms are in a special format called “PDF.” If you would like to download a complaint and fill it out by hand, you must have a program called Adobe Acrobat Reader. What Happens to Your Complaint After receiving your complaint, the OAG verifies that it falls within its authority. You can check the status of your complaint by calling the hotline between 9 a.m. and 3 p.m. at 410-528-8662. If your complaint falls within the OAG’s authority, you can request that a volunteer mediator work with you and the business in order to negotiate a mutually agreed upon resolution to your problem. If your complaint falls within the scope of authority of another state or federal agency, the OAG will automatically transfer your complaint for you. OAG's Frequently Asked Questions If you still have questions about the services provided by the OAG, take a look at these frequently asked questions to see if you can find the answers you are looking for. If you still have questions you can call the Consumer Hotline at (410) 528-8662 (between 9am and 3 pm). If the OAG
Cannot Resolve the Problem If you are unable to resolve the problem through
the mediation services provided by the OAG, you can take one of the following
steps:
Alternative Dispute Resolution There are a variety of methods for resolving disputes between parties without traditional legal representation or litigation. Alternative Dispute Resolution (ADR) involves a third party, a neutral individual, who works with both parties in the dispute to resolve their differences. ADR can save both parties’ significant time and money because it is conducted in a more businesslike manner than traditional litigation. Each party tells their side of the story to the third party, in a setting that is usually less formal than a court proceeding. There is usually much greater flexibility regarding where the proceedings take place and the possible solutions for resolving your problem. Common Methods of ADR Arbitration is like a "private trial" and requires both parties to submit the dispute to one or more neutral people, with the goal of reaching a final and binding decision. The Arbitrator(s) may be attorneys or business professionals with expertise in the consumer field. They decide the issues to be resolved, the possible awards, and how the process will proceed. Note: decisions reached by the arbitrators are usually final and not reviewed further by the courts. Mediation involves a neutral person helping two or more parties to reach a voluntary settlement. The Mediator's role is to advise the parties and offer suggestions on how to resolve the differences. Both parties involved play an active role and ultimately decide the final outcome of the dispute with the assistance of the Mediator.
ADR Resources MACRO
- Maryland Mediation and Conflict Resolution Office American Arbitration Association CPR, The International Institute
for Conflict Prevention and Resolution American Bar Association Section on
Dispute Resolution BBB
of Greater Maryland What Is
the Better Business Bureau? Better Business Bureaus (BBBs) are nonprofit organizations supported primarily by local business members. The focus of BBB activities is to promote an ethical marketplace by encouraging honest advertising and selling practices, and by providing alternative dispute resolution. BBBs offer a variety of consumer services. For example, they provide consumer education material and provide information about charities and other organizations that are seeking public donations. Contact Your Local Maryland Better Business Bureau The BBB will act as an intermediary between you and the BBB member. Search the Better Business Bureau to find out whether a Maryland company is a BBB member. Filing A Complaint with Your Better Business Bureau Your complaint should be submitted in writing so that an accurate record exists of the dispute. Your local BBB will then take up the complaint with the company involved. If the complaint cannot be satisfactorily resolved through communication with the business, the BBB may offer an alternative dispute settlement process, such as mediation or arbitration. Note: BBBs do not judge or rate individual products or brands, handle employer/employee wage disputes or give legal advice. You can also file your complaint online at BBBOnline. This site provides a list of participating companies, complete program standards and tips for consumers. Companies carrying the BBBOnline seal have been checked out by the BBB, and agree to resolve customer concerns regarding goods or services promoted online. Filing Your Claim in a Maryland Court? The twelve District Courts of Maryland have the exclusive power to adjudicate civil matter claims involving $5,000 or less (these courts are also known as “Small Claims Courts.” As of October 1, 2007, if your claim(s) involves amounts above $5,000 and below $30,000 you may file in either a District Court or Circuit Court. However, if your claim exceeds $30,000 you are required to file in one of the twenty-four Circuit Courts of Maryland, except in Landlord-tenant matters. However, for any claim filed before October 1, 2007:
Note: It is suggested that if you are owed more than $5000, you may still want to limit your claim so you may sue in “Small Claims Court” and avoid formal court proceedings. However, if your claim is for substantially more than $5000, it is recommended that you consult a lawyer before filing in a Maryland District Court or Maryland Circuit Court. Getting Started? If you are not familiar with the Maryland legal system you will want to read up on some general information before using the courts to resolve your consumer dispute. To get an overview of the Maryland Court System visit the Maryland Judiciary online. The District Court of Maryland provides a free comprehensive easy to follow guide on where, when and how to file your claim. You can pick up a copy at your local courthouse or download and print the Small Claims Court brochure online. |
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Source: Maryland State Law Library (MSLL) |
Last substantive update 01/10/08 (PLL/M.A.J.) |
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advice? This site offers legal information, not legal advice. We make every effort to ensure the accuracy of the information and to clearly explain your options. However we do not provide legal advice - the application of the law to your individual circumstances. For legal advice,
you should consult an attorney. See our section on Finding Legal Help.
About this website. The Maryland State Law Library, a court-related agency of the Maryland Judiciary, sponsors this site. The website was developed (1999-2007) as part of an access to justice initiative by the Maryland Legal Assistance Network (MLAN) in collaboration with a number of legal services providers serving low and moderate income Marylanders. In the absence of file-specific attribution or copyright, the Maryland State Law Library may hold the copyright to parts of this website. You are free to copy the information for your own use or for other non-commercial purposes with the following language “Source: Maryland's People’s Law Library – www.peoples-law.org. © Maryland State Law Library, 2007.” |
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