What Happens When You File a Complaint with the Attorney General

Co-authored by Clinton M. Sandvick, JD, PhD and Jennifer Mueller, JD

Last Updated: October 25, 2022 References

When you're trying to resolve a dispute with a business, you might feel like you're on your own—but you're not. Your state's attorney general (AG) has your back. It's part of the AG's job to protect consumers from businesses that engage in fraudulent, deceptive, or unscrupulous business practices. When you file a complaint with the AG's office, you not only take advantage of the office's resources to help resolve your dispute but also help prevent others from having the same problem.^{[1]
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Things You Should Know

Filing a complaint informs your state AG of unscrupulous business practices.
Mediating your dispute through the AG's office can help you find a satisfactory resolution.
Working with your state AG helps protect the rights of all consumers.

Section 1 of 5:

What does filing a complaint with the attorney general do?

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Many AGs mediate individual disputes. Not every state has a mediation program, but most do. If your state does, you can take advantage of this incredible resource to find a satisfactory resolution to your dispute. Mediation is offered at no cost to you and typically doesn't require a lot of time and effort on your part either.^{[2]
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- Since the AG's office is involved, the business is usually going to be a lot more receptive than they were when it was just you. They want to stay on the good side of the state government so they'll usually be more willing to work with you.
- Even if your state doesn't have a mediation program, they'll typically notify the business of your complaint. The fact that the issue is now on the AG's radar might be enough to convince the business to come to the table.
2
Consumer complaints help state AGs enforce consumer protection laws. State AGs are the primary enforcers of each state's consumer protection laws, but they need your help! If no one alerts the AG's office to a business's unscrupulous business practices, that business will continue to victimize consumers.^{[3]
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- Your complaint is a public record and can be reviewed by anyone at any time. This includes not just law enforcement agencies, but other consumers as well.

Section 2 of 5:

What types of situations does the AG's office help resolve?

AGs help resolve situations where a business is acting deceptively or fraudulently. The AG enforces your state's consumer protection laws, so the office is primarily concerned with situations where a business is violating those laws. But many AG offices help mediate other disputes between consumers and businesses that don't implicate consumer protection laws at all.^{[4]
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- The specific issues your state AG's office deals with depend on your state's consumer protection laws. Some AG's offices have an extremely broad scope, while others can only handle problems in a few very narrow categories.
- When you file your complaint, an agent in the AG's office will review it. If they determine that another government agency is better suited to handle your complaint, they'll forward the information to that agency.

Section 3 of 5:

When should I file a complaint with the AG's office?

File a complaint when you have a dispute with a business that you can't resolve on your own. Try to work directly with the business first to resolve your dispute. If the person you talk to says they can't help you, take the issue to someone higher up the corporate ladder—a manager, the company president, or even the owner. File a complaint with the AG's office if the business reps are digging in their heels and refusing to work with you.^{[5]
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- Some state AG's offices require you to do everything you can to resolve the dispute before you file a complaint with them. Most don't have this as an explicit requirement, but they still advise you to try to resolve the issue with the business on your own first.
- Some state AGs have form letters on their website that you can download and adapt to your needs. These letters can come in really handy when you're trying to resolve a dispute with a business on your own.

Section 4 of 5:

Filing a Complaint with the AG's Office

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Find your state AG's website to find out what services they offer. State AGs typically have a lot of information on their websites about your rights as a consumer and what you can do if a business or individual violates those rights. You'll also find lots of resources that you can potentially use to help resolve your dispute.^{[6]
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Gather all documents related to the dispute. Typical supporting documentation includes leases, contracts, repair invoices, advertising material, letters, or receipts. You might also have photos or videos that are related to the dispute.^{[7]
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- For example, if you bought a vacuum cleaner from a local business and it never worked, you might've made a video showing the cleaner's failure to power up or lack of suction.
- If you come to an agreement with anyone from the business over the phone, ask them to send you a letter confirming the terms of that agreement so you have it for your records. That way, if they try to go back on it, you have proof of it.
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Fill out a complaint form on the AG's website. While most AGs' offices will also take complaints through the mail, the online route is always more efficient. Include the following information on your complaint:^{[8]
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- Your full name, address, and contact information
- The full name and address of the business or individual you have a dispute with
- Contact information for the business or individual
- A description of your dispute
- How you want the dispute resolved
- The names and job titles of anyone you worked with to try to resolve the dispute
- Any documents related to the dispute (if you can't upload them, mention in your complaint that you have them available)
4
Talk to an agent from the AG's office about your problem. Typically, someone from the AG's office will contact you about your complaint. Have patience—depending on how busy the office is, it could take them a couple of weeks to get to you.^{[9]
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- You could get either a call or an email—the website typically tells you what type of contact to expect.
- If the agent determines that another government agency would be a better fit for your complaint, they'll forward your complaint to that agency and let you know.
- Sometimes the agent will reach out to the business before they talk to you. In that case, they'll brief you on the business's response (if any) and let you know what your next steps should be.
5
Use the free mediation services offered by the AG's office. A mediator is an objective third party who serves as a go-between to help you and the business find a mutually agreeable compromise. They don't represent you and can't give you any advice on what to say or do, but they can help you learn about various options that might be available to you.^{[10]
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- Not all states offer mediation, but in those that do, an agent evaluates your complaint and decides if your dispute would be appropriate for mediation. If they decide it would, they'll contact you and go over the next steps.
- Typically, the mediator will pass on your complaint to the business and give them 30 days to respond. Then, they'll pass on the business's response to you and give you 30 days to respond back.
- Mediation is non-binding and voluntary, but most businesses are willing to participate in the process because they want to show the AG's office that they're cooperative.
6
Cooperate with any further action from the AG's office. Your complaint could lead to the AG's office suing the business. They're not representing you when they do this—they're representing the public. But they might contact you to serve as a witness or give them documents or other evidence you have against the company.^{[11]
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- Even if you manage to resolve your issue on your own, a detailed report of your experience can help the AG's office understand illegal business practices happening in your community.
- If you hear of anyone else who had a similar issue, particularly with the same business, refer them to the state AG as well. The AG's office can start building evidence of a pattern of illegal business practices by a specific business.

Section 5 of 5:

Pursuing Other Actions to Resolve Your Issue

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File a complaint with the Better Business Bureau (BBB). The BBB is a nonprofit organization that accepts and reviews complaints about businesses. If you're unable to get your problem resolved to your satisfaction, get the BBB involved. The organization makes it easy to start the process online.^{[12]
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Better Business Bureau
Nonprofit organization dedicated to promoting marketplace trustworthiness by educating consumers and reviewing businesses
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- Businesses value their BBB rating, which is partially determined by their record of resolving complaints. This means if you get the BBB involved, the business might be more willing to work with you.
2
Sue the business in small claims court. If you have a monetary dispute that involves less than $5,000, you might be able to recover through small claims court. Small claims courts have simplified procedures and forms in plain language. You don't need an attorney to sue in small claims and you might be able to resolve your dispute that way.^{[13]
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- Since the AG's office can't represent you or file a lawsuit on your behalf, small claims court is a way to protect your own rights.
- Small claims courts typically can't order the business to do something—they only handle monetary claims. So, for example, you could get your money back from a contractor who did a shoddy job remodeling your kitchen, but you couldn't get the court to order them to finish or repair the job.
3
Hire an attorney to pursue other private legal remedies. The AG's office can do a lot to enforce your state's consumer protection laws, but it can't represent you in a lawsuit—for that, you need to find your own attorney.^{[14]
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Research source} Most consumer law attorneys offer a free initial consultation where you can discuss your rights and any legal remedies you might have. Tell the attorney about your dispute and ask them about:
- Your rights: What protections do you have under your state's law? Do you have the right to sue the business over the dispute?
- Your potential remedies: What could you get if you won a lawsuit? What are the odds of you winning an award or settlement?
- Their experience: How many cases have they handled that were similar to yours? What were the outcomes of those cases?
- Their compensation: Do you need to pay them upfront, or will they work on contingency, taking a percentage of any settlement or award?
4
Report fraud to the Federal Trade Commission (FTC). Go to the FTC's fraud report website to submit your complaint. You can also call the FTC's Consumer Response Center at 877-382-4357. Although the FTC doesn't respond to individual reports, your report will be included in the FTC's database and forwarded to law enforcement agencies.^{[15]
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- The FTC mainly deals with businesses that engage in fraud or other deceptive practices, such as scam artists and telemarketers. But the agency encourages all reports, even if you don't think your problem fits into those categories.

Warnings

The attorney general cannot act as your attorney or give you legal advice. If you want to pursue your own legal remedies, hire a private attorney who specializes in consumer law.

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