what happens when an attorney general investigates a consumer complaint

by Mrs. Cleora Casper PhD 6 min read

After a complaint is filed, it is reviewed by an attorney general representative who determines whether:

  • The complaint is appropriate for mediation by the office.
  • If it should be referred to another governmental entity that may be more suited to assist with the consumer’s complaint.
  • Or both depending on the situation.

Full Answer

Are all consumer complaints handled by the Attorney General?

Not all consumer complaints are handled by the Attorney General. By law, many other state and federal agencies assist consumers. Consult the Complaint Directory to find the agency or division that can best help you. When we receive your online complaint, we will send you a confirmation receipt with your assigned Attorney General file number.

How long does it take to process a consumer complaint?

When we receive your online complaint, we will send you a confirmation receipt with your assigned Attorney General file number. The Consumer Protection Division receives thousands of consumer complaints, so it may take a few weeks until your complaint is fully processed.

How does the Attorney General’s office help consumers?

The Attorney General’s office helps consumers by informally mediating complaints. In many cases, this assistance will help you resolve your problem. However, if our mediation is not successful, the Attorney General cannot act as a private attorney on your behalf.

What is the Attorney General’s Consumer Protection Program?

Law enforcement actions are taken by the Attorney General to protect the public good and to ensure a fair market place. However, for individual consumer complaints, the Bureau of Consumer Frauds and Protection offers an informal dispute resolution program for complaints against a merchant or business.

How are Attorney General investigations resolved?

What is the purpose of the Consumer Fraud Act?

What is the Consumer Fraud Act of Illinois?

How to protect yourself from a subpoena?

Why is it important to analyze objections before responding to a subpoena?

What is the threshold question in a subpoena?

How to protect information?

See 2 more

About this website

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Does filing a complaint with the FTC do anything?

The FTC cannot resolve individual complaints, but it can provide information about what steps to take. The FTC says that complaints can help it and its law enforcement partners detect patterns of fraud and abuse, which may lead to investigations and stopping unfair business practices.

What does the US attorney general investigate?

The Attorney General's responsibilities include safeguarding Californians from harm and promoting community safety, preserving California's spectacular natural resources, enforcing civil rights laws, and helping victims of identity theft, mortgage-related fraud, illegal business practices, and other consumer crimes.

What are 3 typical consumer complaints?

Credit/Debt: Billing and fee disputes, mortgage problems, credit repair and debt relief services, predatory lending, illegal or abusive debt collection tactics. Services: Misrepresentations, shoddy work, failure to have required licensing or registration, nonperformance.

Who should you first contact with a consumer complaint?

If you have problems with an item or service you purchased, you have the right to complain. Start your complaint with the seller or manufacturer. If they don't help, seek help from your local government or a consumer organization.

How powerful is the attorney general?

The United States attorney general (AG) leads the United States Department of Justice, and is the chief law enforcement officer of the federal government of the United States. The attorney general serves as the principal advisor to the president of the United States on all legal matters.

What are the duties of the attorney general?

The principal duties of the Attorney General are to: Represent the United States in legal matters. Supervise and direct the administration and operation of the offices, boards, divisions, and bureaus that comprise the Department.

What is the most common consumer complaint?

Top 10 Consumer Complaints in 2020 by industry were:Financial (1,646) ... Retail/Wholesale (1,625) ... Automotive (1,490) ... Price Gouging (1,326) ... Communications/Technology/Online Services (1,256) ... Real Estate and Construction (1,221) ... Travel/Timeshares (1,184) ... Health (882)More items...

What is the most common customer complaint?

10 common customer complaintsProduct doesn't meet expectations. ... Preferred payment not accepted. ... Long hold times. ... Disinterested customer service. ... Having to restate the issue. ... Issue not resolved on first call. ... Not following through on promises. ... Lack of follow up after the issue is resolved.More items...•

What are the top ten consumer complaints?

The Top Ten complaint categories made to agencies in 2021 are:Auto Sales & Repair.Landlord Tenant.Home Improvement Repairs and Contractors.Retail Purchase Issues.Consumer Debt & Credit.Frauds and Scams.Utilities.(TIE) Healthcare/Wellness & Robocalls/Telemarketing.More items...•

How do you escalate a consumer complaint?

Any aggrieved consumer can register his / her grievance by either calling the toll free number 1800-11-4000 or 14404 and talk to an agent or register himself once in the portal, get an userid and password and lodge his grievance himself attaching necessary documents, if any.

Who Cannot file a complaint under the Consumer Protection Act?

Who cannot file the complaint under the consumer Protection Act: (a) Any consumer Protection Council (b) The Central Government or any State Government (c) One or more consumers, on behalf of numerous consumers having the same interest (d) A legal heir or representative of a deceased consumer.

Do banks take CFPB complaints seriously?

The CFPB uses these “flawed and incomplete metrics to build cases against business and industries and also for rule making.” The complaints may be vague and unsupported but banks have to take them seriously, he said.

How do you know if the feds are investigating you?

Probably the second most common way people learn that they're under federal investigation is when the police execute a search warrant at the person's house or office. If the police come into your house and execute a search warrant, then you know that you are under investigation.

What's the difference between US attorney and Attorney General?

The president appoints U.S. attorneys, who mainly serve as administrators. Assistant U.S. attorneys handle the bulk of the trial work. The U.S. attorney general, who is the chief law enforcement officer in the United States and the head of the Department of Justice, has supervisory responsibility over U.S. attorneys.

Can the feds take over a state case?

If a crime is committed that is a violation of local, state, and federal laws, does the FBI “take over” the investigation? No. State and local law enforcement agencies are not subordinate to the FBI, and the FBI does not supervise or take over their investigations.

What is the difference between Attorney General and Chief Justice?

Attorney General is the Chief Law Officer of the Government of India. CJI is the chief of Indian Judiciary.

How are Attorney General investigations resolved?

Perhaps this conclusion may be reached informally whereby the investigation is closed with no action taken and documents returned, assuming state law permits. An investigation may also be closed by some less formal action, such as a letter agreement. Attorneys General typically prefer to resolve an investigation through execution with the respondent of an assurance of voluntary compliance (“AVC”). An AVC is often simply a recitation of stipulated facts describing the state’s position and the respondent’s position. An AVC also includes some type of injunctive relief, under which the respondent agrees to follow by relevant law, and perhaps some form of future monitoring and compliance plans. If the circumstances warrant based on consumer harm, monetary payments may also be made to complainants or a consumer restitution fund could be established. Investigative costs and fines are also a possibility if the conduct is sufficiently problematic or justifies some additional deterrent.

What is the purpose of the Consumer Fraud Act?

The Consumer Fraud Act’s purpose is “to protect consumers and borrowers and businessmen against fraud, unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce.” 815 ILCS 505/1.

What is the Consumer Fraud Act of Illinois?

The Illinois Consumer Fraud and Deceptive Business Practices Act (Consumer Fraud Act), 815 ILCS 505/1, et seq ., grants the Attorney General authority to enjoin a variety of consumer abuses such as fraud , deception, and misrepresentation. As with many state consumer statutes, the Consumer Fraud Act was patterned on Section 5 (a) of the Federal Trade Commission Act, 15 U.S.C. §41, et seq ., and in interpreting the Consumer Fraud Act “consideration shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to Section 5 (a) of the Federal Trade Commission Act.” 815 ILCS 505/2. Based on the incorporation of this language, the Consumer Fraud Act is often referred to as a “mini-FTC act.”

How to protect yourself from a subpoena?

Additionally, a witness may protect himself from an improper subpoena by filing a timely motion to quash or modify in a state circuit court. Although modifying a subpoena is common, it is rare to quash a subpoena in its entirety, particularly given the broad discretion granted to the Attorney General. Where it is clear that where a subpoena seeks confidential business information that is irrelevant to the proceeding or other matters protected by an applicable privilege, it is an abuse of discretion for a circuit court not to quash the subpoena.

Why is it important to analyze objections before responding to a subpoena?

It is critical to analyze whether objections may exist before responding to a subpoena in order to avoid any claim of waiver. It is important to begin at the beginning and not overlook any object ions. For instance, ensure that service was proper and that personal jurisdiction exists.

What is the threshold question in a subpoena?

A threshold question in a document production is the manner in which the documents will be made available to the Attorney General. The manner of production takes on heightened importance when confidential or proprietary information is involved.

How to protect information?

Admittedly, the best method to protect information may be to avoid its being placed in the possession of a governmental agency. While that may not always be possible or advisable, there are alternative methods to ensure possession remains with the owner of the confidential or proprietary information. For instance, the realities of modern business mean the generation of massive amounts of electronically stored information ("ESI"). This ESI will often be sought by governmental agencies in the course of regulatory decision-making or investigation. The flexibility of this new information medium means that owners of confidential business information can control the manner by which it is provided to regulators. For instance, ESI can be made remotely available to governmental agencies without having to physically deliver or transmit data. Electronic discovery tools permit the creation of e-rooms that provide virtual workplaces where people in various locations can collaborate on common activities. The governmental agencies can be granted limited access to this ESI, and once their review is complete, access can be terminated. Command and control of the data resides with the owner, and the concern of how it will be treated by governmental agencies in perpetuity is eliminated.

What is the purpose of consumer complaint?

The primary purpose of the consumer complaint process is to allow the Attorney General to identify and devote limited resources to the most serious matters involving a pattern of unfair or deceptive trade practices inflicting widespread injury to Wyoming’s consumers and marketplace . This office handles a broad range of matters, and reviewing consumer complaints against businesses helps us identify patterns of concern and set enforcement priorities.

What information is removed from a complaint?

To protect your privacy, please remove any sensitive or confidential information from the complaint and supporting documentation, including social security numbers, credit card numbers, or medical information.

Can you return incomplete complaint forms?

Incomplete complaint forms will not be processed and will be returned to you.

Can the Attorney General represent you in court?

The Attorney General cannot provide legal advice or represent you in court.

Can the Attorney General investigate a complaint?

While this office cannot investigate all complaints, it reviews and provides written responses to all properly filed consumer complaints. In some circumstances, the Attorney General may forward your complaint to the business complained against and request a written response from the business. All communication with consumers and businesses is handled in writing. Upon receiving a response from the business, our office will notify you of the response. If we do not receive a response, we will also notify you.

Why is the Attorney General responsible for law enforcement?

Law enforcement actions are taken by the Attorney General to protect the public good and to ensure a fair market place.

Can the Attorney General represent you in court?

Although the Attorney General’s Office will do its best to assist you, we are not authorized to represent individual consumers in court or provide legal or financial advice.

Does the Attorney General have jurisdiction over the law?

The Attorney General does not have jurisdiction over many areas of the law. For an extensive list of other agencies that may be able to assist you, please click here

Is it a misdemeanor to file a false complaint?

You should enclose copies of all relevant documents. Do not send us any original documents. Filing a false complaint is a Class A Misdemeanor. Please understand that in order to resolve your complaint we may send a copy of your letter to the person or firm you are complaining about.

What do you do when you are sued?

File lawsuits on your behalf or on behalf of individual consumers. Bring criminal charges for deceptive practices. Provide legal counsel or interpretations of the law to individuals. Routinely resolve individual complaints.

Is a complaint filed with the Consumer Protection Division open?

Complaints filed with the Consumer Protection Division are potentially an open record. This means any member of the public may file an open records request and view your complaint.

Does filing a complaint mean we represent you?

Please note: Filing a complaint does not mean that our office represents you in. any legal proceeding. You will receive a confirmation email once your complaint is successfully submitted. However, this does not mean that a case or investigation is open with the Consumer Protection Division.

How are Attorney General investigations resolved?

Perhaps this conclusion may be reached informally whereby the investigation is closed with no action taken and documents returned, assuming state law permits. An investigation may also be closed by some less formal action, such as a letter agreement. Attorneys General typically prefer to resolve an investigation through execution with the respondent of an assurance of voluntary compliance (“AVC”). An AVC is often simply a recitation of stipulated facts describing the state’s position and the respondent’s position. An AVC also includes some type of injunctive relief, under which the respondent agrees to follow by relevant law, and perhaps some form of future monitoring and compliance plans. If the circumstances warrant based on consumer harm, monetary payments may also be made to complainants or a consumer restitution fund could be established. Investigative costs and fines are also a possibility if the conduct is sufficiently problematic or justifies some additional deterrent.

What is the purpose of the Consumer Fraud Act?

The Consumer Fraud Act’s purpose is “to protect consumers and borrowers and businessmen against fraud, unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce.” 815 ILCS 505/1.

What is the Consumer Fraud Act of Illinois?

The Illinois Consumer Fraud and Deceptive Business Practices Act (Consumer Fraud Act), 815 ILCS 505/1, et seq ., grants the Attorney General authority to enjoin a variety of consumer abuses such as fraud , deception, and misrepresentation. As with many state consumer statutes, the Consumer Fraud Act was patterned on Section 5 (a) of the Federal Trade Commission Act, 15 U.S.C. §41, et seq ., and in interpreting the Consumer Fraud Act “consideration shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to Section 5 (a) of the Federal Trade Commission Act.” 815 ILCS 505/2. Based on the incorporation of this language, the Consumer Fraud Act is often referred to as a “mini-FTC act.”

How to protect yourself from a subpoena?

Additionally, a witness may protect himself from an improper subpoena by filing a timely motion to quash or modify in a state circuit court. Although modifying a subpoena is common, it is rare to quash a subpoena in its entirety, particularly given the broad discretion granted to the Attorney General. Where it is clear that where a subpoena seeks confidential business information that is irrelevant to the proceeding or other matters protected by an applicable privilege, it is an abuse of discretion for a circuit court not to quash the subpoena.

Why is it important to analyze objections before responding to a subpoena?

It is critical to analyze whether objections may exist before responding to a subpoena in order to avoid any claim of waiver. It is important to begin at the beginning and not overlook any object ions. For instance, ensure that service was proper and that personal jurisdiction exists.

What is the threshold question in a subpoena?

A threshold question in a document production is the manner in which the documents will be made available to the Attorney General. The manner of production takes on heightened importance when confidential or proprietary information is involved.

How to protect information?

Admittedly, the best method to protect information may be to avoid its being placed in the possession of a governmental agency. While that may not always be possible or advisable, there are alternative methods to ensure possession remains with the owner of the confidential or proprietary information. For instance, the realities of modern business mean the generation of massive amounts of electronically stored information ("ESI"). This ESI will often be sought by governmental agencies in the course of regulatory decision-making or investigation. The flexibility of this new information medium means that owners of confidential business information can control the manner by which it is provided to regulators. For instance, ESI can be made remotely available to governmental agencies without having to physically deliver or transmit data. Electronic discovery tools permit the creation of e-rooms that provide virtual workplaces where people in various locations can collaborate on common activities. The governmental agencies can be granted limited access to this ESI, and once their review is complete, access can be terminated. Command and control of the data resides with the owner, and the concern of how it will be treated by governmental agencies in perpetuity is eliminated.

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