Re: Consumer warning: TSR Performance

["Khan M. Klatt" <kmk@pacificrim.net>]

Andy-

Here are my suggestions about how to deal with companies that will not
respond to you. But first some guidelines about what to do and what not to
do when working with a company.

1. Do not make threats. And do not make any illegal threats (like I'm gonna
kill your dog). Actions speak louder than words, even if they are threats.

2. Be respectful, and explain where you are coming from, despite all odds.
Being disrespectful reduces your ability to mount a reasonable offensive to
obtain your goals. If this comes down to a legal settlement, or you have to
provide documentation or other arbitration with your credit card company,
it is important to show that you have acted completely in GOOD FAITH.

3. Take a step back and give the company a way out. For example, you might
send a letter to the "BBB" asking for assistance with dealing with a
particular company, and Cc: the company itself. Write the letter in the
following vein: "Dear. BBB- I am writing to ask for your assistance
regarding the best fashion in which I can get a matter resolved with XYZ
company. The situation is such and such, and I feel we are currently at an
impasse. What I would like to see as resolution to this issue is such and
such, for the following reasons..."


These three things in tandem will put you in a very solid platform from
which to argue with consumer-advocate organizations, legal organizations,
financial organizations, and will make it very clear to the company you're
working with that you will pursue your rights, and that it is in their best
interest to be responsive without having an adverserial relationship with
them.


If these tactics are unsuccessful, then it may be time to step up your
protests one notch further. Send another letter to the "BBB" or equivalent,
stating "Dear BBB- As a followup to my letter dated 1/2/3, I wanted to
apprise you of the situation with my dealings with company XYZ. Despite my
attempts to mediate this issue in good faith directly with the merchant, I
have been unsuccessful in reasonably working to resolve this issue. My
attempts to sort this problem out have all ended in impasses and I am now
writing to ask for your assistance in sorting out this problem."

If you feel you're really getting screwed, and can't get any financial
resolution to the problem, and the BBB isn't able to help, then you might
consider the following proactive approach.

Build a website describing all of your attempts to be reasonable,
respectful, act in good faith, and all of the options you have given the
company to remedy the problem. Put the website on the Internet, and send a
letter to the organization with the following tone: "Dear XYZ. I have
attempted to resolve the issue we have been discussing for quite some time
now. All of my interactions with your company have been in good faith, with
respectful tone, and I have attempted to resolve this issue with you
directly and also via the BBB. I have been unsuccessful in resolving this
issue with you to my satisfaction, and must state that I am extremely
disappointed with your organization and can not recommend you to any of my
associates. I have built a website detailing all of my dealings with you,
and have posted it to the following URL:
<http://www.provider.com/~username/XYZ.co.html>

Unless I am able to get resolution to this issue, I will have no choice but
to see to it that all major search engines will find my site whenever your
company name is queried on the Internet. You have seen fit to build a
website on the Internet to increase business and build your reputation
online. I do not say this lightly. If I have gone through the trouble to
build such a site, you can rest assured that I will post and publicize this
information on bulletin boards in the UK, US, and Europe, that I will post
the URL to mailing lists, and register the site in as many search engines
as possible. Please respond within 48 hours if you would like to avoid
tarnishing your company's image in the digital domain."

Then, if they do not respond, post the site to all the search engines,
mailing lists, and other things you can find. Check to see if their website
comes up before your "WHY XYZ SUCKS" page, and if so, find out how the
search engine indexes websites to bring yours to the top.

In short, take respectful and nonthreatening action, and if that doesn't
work, escalate your efforts until they give in, or attempt to make some
recourse by showing how you have been reasonable yet have been victimized
by this company.

We've been able to use these techniques to make companies like US West
change how they treat us. With the right statements in the right places,
you can apply pressure if the normal channels don't work.

My $0.02 cents worth.

-Khan