NCPW Live Chat from Tuesday, March 3, 2015
Eric S. Friedman Good afternoon, I am Eric Friedman, the director of the Office of Consumer Protection (OCP). Currently, OCP consists of 15 staff members and utilizes the talent and support of many volunteers. In addition to handling consumer complaints, OCP helps businesses with consumer issues. Certain businesses are also required to register with our office.
We are very pleased to highlight the services of OCP’s Business Liaison in support of the County Executive’s initiative(http://bit.ly/1E9MwHS) to promote a stronger business environment. Our office understands how challenging it can be to run a community business and we are here to help businesses comply with consumer and licensing regulations. Our Business Liaison can provide advice to merchants to avoid some of the more popular and escalating business scams. OCP’s business service is aimed at promoting good business practices to ensure a fair marketplace for local consumers. Our Business Liaison will be with me today to assist in responding to questions from our merchants and the business community. Let's get started with our first question.
john from
Rockville
as much as i appreciate the ocp for no longer advertising for the bbb trade org., as most citizens are confused by the improper use of the word bureau in their name they believe that this trade org. is a government agency disseminating information. i would like for the ocp to expose this teamster founded org. to be shown for what it is. you cannot get an A plus rating without paying to join and that complaints are handled differently for those companies that pay for protection from the bbb trade assoc. the bbb calls it "special claims handling procedures" that are only available to those companies who pay for this protection. i believe the bbb trade assoc. should be exposed for what it really is.
Eric S. Friedman John, thank you for participating. Your question mentions an important point. The BBB is a membership based organization unlike my office which is a government agency. More specifically, OCP is a law enforcement agency that enforces Montgomery County’s consumer protection statute. We have the authority to issue civil citations and subpoenas; and often use these tools in our investigation of alleged consumer protection violations. We pride ourselves on being able to enforce the county's consumer protection laws to ensure a safe marketplace for consumers and a level playing field for local businesses.
Zhen from
Not from Montgomery County
I recently purchased a 2006 BMW 330 XI from Rosenthal Mazda in Gaithersburg.
Shortly after purchase the door locks stopped working. After locking the vehicle the only exit and entrance was out of the driver side door.
The salesman, Jonathan Parker said to bring it in and they would fix it. I was in PA, and replaced the fuse temporarily as the actuators needed to be replaced.
The fuse was replaced at a BMW dealership in Lancaster, PA. After a courtesy inspection they found an oil leak. They thought I had wiped it off and said just keep adding oil to it but it's leaking badly and the gasket needs to be replaced on the oil filter housing. A coolant flush was also recommended due to pieces of broken rubber gasket potentially damaging the pump. I did not wipe the oil off.
After returning it to Rosenthal Gaithersburg Mazda, the used car manager Gary Wade stated that these were merely fluff items. The coolant, he said the dealership was just going to top it off not flush it. He
Eric S. Friedman Zhen, what an unfortunate series of events for you. Let’s start with reviewing the different kinds of warranties that may apply. There are express warranties, such as the two month warranty you mention, which are specifically provided for by the merchant, and can be limited in any way that they choose. There are also implied warranties, which are provided for by law, but are very general, and are applied on a case by case basis. The dealer is obligated to honor the applicable warranties. One of our investigators is a certified Master Automotive Technician and we would be happy to review your paperwork and any repair invoices or repair concerns to try to help determine the applicability of any warranties, and whether they are being honored.
Todd from
Silver Spring
I own a business in Montgomery County and I need help with understanding and making sure that I comply with the many regulations the county has for doing business. Can your office help?
Eric S. Friedman Thank you for participating in our discussion. This is a question that we hear quite frequently in our office. You will be happy to know that the Department of Economic Development offers just this type of assistance. Judy Stephenson is the Small Business Navigator and can help merchants navigate through county services and programs, including procurement, permitting, and finance. You can contact Judy at 240.777.2012. If your business is one which falls within one of those that we handle licensing or registration for, we would also be happy to help. Our Business Liaison can also assist you with any consumer related issues.
Eric S. Friedman While we get more questions & answers ready, I want to let everyone know that we have an Investigator-on-Duty daily Monday through Friday from 8:30am to 5:00pm to answer your questions. Our experienced investigators are available to provide advice. We are also available by email at
[email protected]. My staff tells me that we are now ready with another question.
Louisa from
Bethesda-Chevy Chase
I have a small business in Bethesda lease space. I have had repeated problems with flooding and the landlord keeps sending workers but I have damaged inventory and it keeps happening. Can I get out of my lease?
Eric S. Friedman Louisa, I know how flooding can be particularly damaging. You should begin by reading your lease carefully to see whether there are any provisions that may deal with this situation. You may also be able to pursue your landlord in court for the value of any lost inventory. Our office can also provide mediation services to you if you and your landlord both agree. Good luck and call us if you need our help.
Kim from
Up County
I work for a small business in Wheaton. Customers frequently complain to us that their cars have been towed after shopping at our business. Can anything being done to stop these out of control tow companies?
Eric S. Friedman Kim, you have identified one of our most frequent complaint categories - towing. Towing from private parking lots like shopping centers is governed by both county and state law. It is important to understand that the property owner has the ultimate control over the towing that occurs on his or her property. If your business owner is not the property owner of the parking lot, then perhaps if they talk to the property owner about your concerns, changes in policy can be made. Do not hesitate to contact us if you need more information on the towing laws.
James from
Rockville
I have a car repair business and have a license but I always see guys working on cars in lots or in driveways. Many of my customers find me after someone did a bad repair job. Can you go after these guys? I bet theyre not license by you.
Eric S. Friedman James, thank you for your question. In order to perform auto repairs, the proper license must be obtained from our office. Our investigators frequently conduct field visits to locate these unlicensed auto repair businesses and issue citations as necessary to discourage this type of unlawful service. We would appreciate receiving any information you have about unlicensed auto repair work being performed. Please contact our office so that we can look into it.
Eric S. Friedman Avoid Scams, Verify Communications.
If you get a message that looks to be from a bank, credit card company, or government agency, investigate before responding. Imposters have gotten very good at forging communications that appear legitimate.
Will from
Silver Spring
My shop has been in business for over 30 years and I am looking to retire. What do I need to do to let my customers and your office know that I'm going out of business? thank you, W. Myles
Eric S. Friedman If your business is one that requires a license from our office, please contact us as soon as possible to let us know your plans. You can always post something at your shop, and if you have the mailing addresses or email addresses of your customers, it cannot hurt to send something to them to let them know, as well. Enjoy your well-earned retirement years.
Anna from
Silver Spring
I was a victim of one of the office supply scams last year and lost some money. Can I submit a complaint? I also keep getting a lot of emails asking me to sign up for directories. How can I stop receiving these unwanted emails?
Eric S. Friedman Anna, unfortunately, it will be very difficult to pursue the office supply scammers at this point. These thieves change locations quickly. As far as blocking unwanted emails, most email providers do have procedures that you can use to block particular senders. These procedures vary by provider, so you will have to contact your email provider for the steps you will need to follow to block unwanted emails. Also be sure to use your spam filter to keep those unwanted messages out of your inbox.
Eric S. Friedman Avoid Scams, Inspect Your Invoices.
Don’t pay for any merchandise that your business did not order. Train staff to verify that a purchase was actually ordered and received.
Jim from
Rockville
I manage an electronic store. We have a no return, no refund policy. Our policy is on our receipts. The manufacturer of our merchandise offers a 30 return policy for defective merchandise. So, if a customer has a problem we tell them to return it the manufacturer. Recently, a consumer filed and complaint against us and your office made us refund their money. I don’t think that is fair because we disclosed our return policy.
Eric S. Friedman Well Jim, thank you for participating. I understand your confusion. Without having the details of the complaint, I can't give a definitive response. However, one difficulty that I see is that your return policy is on the receipt so that a consumer must purchase the merchandise prior to knowing your return policy. Your return policy should be posted in a way that allows consumers to know the policy before they make a purchase. Also, you may think that returning merchandise to the manufacturer is a good policy. But, you are putting the consumer in the position where they may incur additional fees for shipping and spending valuable time. Remember consumers remember good customer service. You can always contact our office and we will review the complaint filed against your company in more detail.
Esteban from
Eastern Montgomery
My wife and I own a restaurant and we are afraid every time we hear about another store with customer information stolen. Even a large restaurant which I didn't think was possible. What can I do so that I don't have this problem?
Eric S. Friedman You’re right Esteban, both consumers and merchants have to worry about hacking unfortunately. There are a couple of key principles you should follow: Take stock - Know what personal information you have in your files and on your computers, Scale down - Keep only what you need for your business. Lock it - Protect the information that you keep. Pitch it - Properly dispose of what you no longer need. Plan ahead - Create a plan to respond to security incidents.
Eric S. Friedman This is a very interesting discussion. I would like to take this opportunity to extend an invitation to all of our consumers and business owners to follow us on Facebook at www.facebook.com/OCP.ConsumerWise and Twitter at www.twitter.com/ConsumerWise for up-to-date information on consumer scams, alerts, and more. Let's take a few more questions.
Oscar from
Silver Spring
I am an auto mechanic. Frequently, I make a few extra bucks by buying and repairing cars and then selling them. I was told that this is illegal in Montgomery County. Is this true?
Eric S. Friedman Anyone in the business of buying or selling vehicles in the state of Maryland must be licensed. A person selling 3 or more vehicles within a 12-month period may be considered to be in this business, and would be required to have a license. If you are selling more cars than the amount specified in the law you may be operating as an illegal car salesman, also known as “curbstoners.” Curbstoners are people who are in the business of selling used cars but represent themselves as private individuals selling their personal vehicles. Many of the vehicles sold by curbstoners are in need of maintenance. Some will not pass inspection and some may need expensive repairs. Our office receives many complaints regarding these transactions and our investigators aggressively pursue these curbstoners in an effort to protect consumers. Depending on the number of vehicles you sell, if you do not have a dealer’s license, you would be in violation of state law.
Oscar, the good news is a good and honest auto mechanic will most likely fair well doing business in Montgomery County.
Roseanne from
Up County
I paid a guy $300 to install a light up sign in my shop but after I paid him, I can’t get him on the phone and has not returned to my shop. I’m a small owner and went with him because he had a good price. He came to my store and I gave him some money but now I don’t have the sign and I can’t get my money back. Can you help me?
Eric S. Friedman This is an important question, Roseanne, because it highlights why business owners must be as vigilant as consumers in selecting a merchant. We are sometimes able to help in these business-to-business situations if both sides are willing. However, our office does not have jurisdiction over business-to-business complaints. Please contact our office and we can further discuss your situation and see how we can assist you to resolve this matter. Thank you for participating today.
Jacov from
Up County
I want to start offering gift cards to my customers but am not sure what regulations apply to them. Is there a limit to how long they are good? Do they have to be given in a certain manner like plastic cards or paper? Thank you
Eric S. Friedman Store-specific gift certificates or cards are regulated by both state and federal law. Under Maryland law, store-specific gift cards can’t expire for at least four years after the date of purchase and the issuer can’t impose fees or charges of any kind during that time. Under Federal law, cards can’t expire for five years; however, consumers may be charged fees during this fifth year and any year thereafter. Any terms or conditions concerning an expiration date or fee must be printed clearly in a visible place on the front or back of the card, on a sticker permanently affixed to the gift card, or on an envelope containing the gift card. Fees can’t be charged more than once a month, and there must be at least one year of inactivity on the card before they can be assessed. It is also important to note that these terms and conditions may not be changed after the date of purchase or issuance unless the change benefits the consumer. Good business to you.
Eric S. Friedman Avoid Scams,Train Your Staff.
Educate your employees about how common scams work. Talk to everyone who may pick up the phone. Post educational materials and notices in the common areas.
John from
Up County
I have been a mechanic for 21 years and now want to open my own repair shop in the county. I do not currently have a shop/location. Can I start my business without having a shop? What do I need to do to get started?
Eric S. Friedman John, you are doing the right thing by first doing your homework. Before conducting any auto repair work for hire in Montgomery County, you must obtain the proper license from our office. Please contact our business licensing office at 240.777.3718 and we will provide you with the information that you need to get the process started. Good luck to you!
Linda from
Rockville
Does Montgomery County rate businesses like the Better Business Bureau?
Eric S. Friedman Linda, Montgomery County does not “rate” businesses. As a government agency, we cannot recommend businesses. However, we have an online searchable merchant disclosure system (http://bit.ly/1Nd8hcA) where you can see if complaints have been filed with OCP over the last three years. Our goal is to help Montgomery County retain its reputation as a great business community; therefore, we are interested in promoting good business practices to ensure a fair marketplace for our consumers.
Maryanne from
Up County
My business requires that I maintain some paper documents for at least three years. Do you have any suggestions on how to keep this confidential information secure?
Eric S. Friedman The best advice in a few words is, LOCK IT UP. The best protection is to keep physical documentation like paper files, as well as CDs, floppy disks, zip drives, tapes, and backups containing personally identifiable information in a room under lock and key and limit access to the room. When it is time to dispose of this documentation, use a good document shredder. Remember consumers trust merchants to keep their financial and other sensitive information secure. Also, our office has a brochure entitled “Protecting Personal Information: A Guide for Business.” Please contact us directly so that we can get you this important information.
Anthony from
Up County
How can I find out what businesses require licenses in Montgomery County? If I register my business with the state do I still have to have a license from the County?
Eric S. Friedman Anthony, the answer is it depends. However, Maryland has a Business License Information System (BLIS) that is an internet based system that helps business owners determine which State permits and licenses are required to operate their business. Also, I would refer you to Judy Stephenson (T: 240.777.2012), Small Business Navigator for the Department of Economic Development and the county's licenses and permits webpage found at http://www.montgomerycountymd.gov/business/licensepermit.html.
Eric S. Friedman This has been an excellent exchange. I have really enjoyed this discussion with merchants from our business community. Unfortunately, we have run out of time. We will post as many responses as possible in this transcript or will respond to you directly. I hope that the information provided is beneficial to our participants. Our goal is to promote good business practices to ensure a fair marketplace for local consumers and to assist merchants in avoiding common business scams. Until we have the opportunity for another discussion, please visit our website (www.montgomerycountymd.gov/OCP) to file a complaint or get additional information about our services. For consumer questions, to speak to an investigator or our Business Liaison, please contact us at 240.777.3636 or by email at
[email protected]. To subscribe to our electronic newsletters, please visit http://bit.ly/1aILAhx and select Consumer Protection and Common Ownership Communities.
