Pub. 6 2016 Issue 2

8 AUTOMOBILE DEALER NEWS ILLINOIS www.illinoisdealers.com COUNSELOR’S CORNER BY JULIE A.CARDOSI, LAW OFFICE OF JULIE A. CARDOSI, P.C. Effectively and Proactively Handling Consumer Complaints Against the Dealership Business D ealerships, in the course of daily business operations, may be familiar with the occasional consumer complaint they receive from the state attorney general’s office. These complaints may relate to the consumer’s vehicle purchase, to service of the consumer’s vehicle, or to some other aspect of the vehicle transaction, such as advertis- ing. Most states and federal regulatory agencies that are charged with enforcing consumer and related laws, utilize programs that entail a dispute resolution process that starts with the filing of a complaint against the business. Illinois is no exception. For example, the Illinois Attorney General’s Consumer Protection Division is charged with enforcing Illinois laws intended to pro- tect Illinois consumers against unfair and deceptive practices. To help accomplish its duties, the Attorney General’s office utilizes an informal dispute resolution process involving the fil- ing by consumers of complaints. Such complaints may concern the sale and/or servicing of motor vehicles. While the Attorney General’s office does not represent citizens privately, often times, these consumer complaints can result in investigations and law enforcement actions by the state against those businesses whose practices are alleged to be unlawful. These consumer complaints must be taken seriously by the businesses against whom they are lodged and they must be dealt with effectively. In some instances, the state issues subpoenas in connection with these complaints, involving production of evidence and ensuing enforcement litigation. As a result, dealer- ship managers, executives and counsel may be required to expend considerable time and effort handling a consumer complaint. Sometimes, there may be several complaints relating to a singular specific dealership practice that must all be addressed. Poorly managed complaints can produce adverse results for a business,