Consumer Complaints

Consumer Complaints downloadables

• Consumer Law Guide, Chapter 1: How to Resolve a Consumer Complaint (Word)
• Consumer Mediation Service FAQ (Word) (included in Chapter 1)

What to Do If You Have a Complaint Against a Business

If you have a complaint against a business, we recommend that you follow these three steps.

First, complain directly to the business.

Second, if that doesn’t work, file a complaint with us and try the Consumer Mediation Service.

Third, if your complaint isn’t resolved through mediation, consider bringing a case yourself in small claims court or get assistance from an attorney.

Step 1: Complain Directly to the Business

Complain to the Business

To effectively complain to the business, you should:

1. Make sure you have a legitimate grievance and proof that supports it — receipts, repair estimates, warranties, and other documents.
2. Complain promptly to someone with authority to correct the problem.
3. Explain exactly what is wrong and how you want it corrected.
4. State your case politely. Be calm and reasonable, but also firm and persistent.

Your chances of resolving a problem improve when you take the time to plan your complaint strategy. Decide whether to complain by letter, email, phone, or in person. Minor problems may be disposed of quickly and easily by phone, but others may call for a face-to-face meeting and a follow-up letter.

Closed Businesses and Bankruptcy

The Attorney General’s Office will occasionally receive complaints from consumers against businesses that have closed or filed for bankruptcy. Unfortunately, if a business entity such as a corporation or a limited liability company has ceased operations, a consumer may have limited recourse, even for warranty claims.[i] If the business is a sole proprietorship or otherwise unincorporated, then the individuals who operated the business may have to answer for its liabilities. 

Automatic Stay

Sometimes a business will file for bankruptcy for the purpose of reorganizing its operations or selling its assets. Regardless of the reason, the act of filing for bankruptcy has important consequences for consumers. The immediate consequence is that all creditor claims against the business, now called a debtor, must cease. This is known as the automatic stay.[ii] It essentially puts a stop to all attempts to collect debts that arose prior to the bankruptcy filing, including by consumers. Willful violations of an automatic stay can have serious consequences, including being required to pay the debtor’s damages and legal fees, plus punitive damages. 

Proof of Claim

During bankruptcy, creditors must file a proof of claim substantiating their debt claim. Consumers are subject to this requirement. There will often be an option to file a proof of claim online on the website of an agent authorized by the bankruptcy court to process creditor claims. The bankruptcy code groups creditor claims by category, with some claims having priority over others in terms of payment. Claims by consumers against a debtor are generally not given priority and are classified as general unsecured claims. In some bankruptcies, the holders of general unsecured claims will receive pennies on the dollar or possibly no payment at all. 

Discharge

Another important aspect of bankruptcy is a discharge, which eliminates the debtor’s legal liability for a debt. Most debts based on a breach of contract by the business will be dischargeable. Some debts are not dischargeable, including those arising from fraud or false representations.[iii] However, it is the responsibility of a creditor, including a consumer, to raise the issue of whether a debt is dischargeable. For most debts owed to consumers, if a business identified it as dischargeable and a consumer does not object, it will be discharged. 

[i] If a Maine business entity has ceased operation because it has been sold, the general rule is that the new operator is not liable for the sold business’s debts unless it has agreed to assume them. The sale of a business will typically be structured to avoid successor liability. 

[ii] 11 U.S.C. § 362. 

[iii] 11 U.S.C. § 523(a)(2)(A). 

Model Consumer Complaint Letter

Write a letter to the business even if you decide to complain in person or by phone. It will help you explain the problem in an orderly and reasonable manner, and the steps you plan to take to correct it. It will also allow you to vent, which should help you keep your cool when talking with the business. When writing your complaint letter, be sure to:

1. Describe the item or service you’re complaining about completely and accurately;
2. Be specific about the place and date of purchase;
3. State your complaint;
4. Ask for what you want; and
5. Enclose copies (not originals) of pertinent documents.
6. Provide a reasonable deadline by which you expect the business to respond.

Here is an example of a properly constructed complaint letter

Date

Business’s Name

Business Address

Dear Sir/Madam:

I bought a VoltCore color television set, model # ABC, serial # 123 from your Pleasant Avenue store on May 21, 2024.

The picture quality was poor from the start. On June 1, your repair person, (repairer’s name) came to my home to try to adjust the set. The focus and color improved slightly, but the image is still blurry. I am left with an unclear picture and a $50 service charge.

Because my warranty clearly covers the cost of all parts and services for one year after purchase, I should not have been billed for the $50 service charge.

I ask for two things:

1. That you confirm in writing that I owe nothing for the June 1 house call; and
2. That you either fix the set without charge or replace it with another TV of the same model.

I enclose copies of the sales receipts, warranty, and the June 1 bill.

I hope you will give this matter your prompt attention. Please reply to my letter no later than June 10.

Thank you.

Sincerely,

Your name

Your address

Your telephone number

Your email address

Complaint Procedure

Once you’ve figured out how to explain the problem and how you want it corrected, go directly to the source of the problem – the business. Often, you won’t have to take your complaint further than the store that sold you the product or service. Most businesses rely on repeat customers so maintaining a good reputation is important. Be firm but pleasant, and use the complaint procedure below:

1. Identify yourself and explain your problem clearly and concisely. If you’re complaining by letter, you’ll increase your chances of receiving prompt attention if you limit your letter to one or two typed or clearly written pages.
2. Have receipts and all pertinent documents available for review. If you’re complaining by letter, enclose copies of these documents. Save the originals and keep a copy of the letter.
3. Send your complaint letter by certified mail, return receipt requested, for proof that it was received and when.
4. Keep a record of the name and title of everyone you talk to and the date the conversation took place.
5. Give the person hearing your complaint a fair chance to respond. Listen attentively and ask for clarification of anything you don’t understand. If you’re complaining by letter, allow enough time for response. Remember to put in the letter the actual date you want to hear from the business (e.g., “Please respond no later than June 15, 2019.”). That way, you’ll know when you’re being ignored. Ten days to 2 weeks is reasonable.
6. Stand firm and don’t accept a solution you feel is inadequate.
7. Promptly confirm any agreement in writing.
8. If you think your legal rights have been violated (e.g., you were sold a defective product), you may want to send the business a copy of the relevant section from the Attorney General’s Consumer Law Guide.

If you do not resolve your complaint directly with the business, you may contact the Attorney General’s Consumer Mediation Service.

Step 2: Try Mediation with the Attorney General's Consumer Mediation Service

We offer a free mediation service to help resolve issues between consumers and businesses. Please see Consumer Mediation Service for more information.

Step 3: Consider Small Claims Court or Finding an Attorney

Small Claims Court

If your complaint isn’t resolved through mediation and your claim for damage or a debt owed is for no more than $10,000[i] (exclusive of interest and costs, which includes legal fees^[ii]), you may consider bringing your case in small claims court, which is a docket of the Maine District Court. The procedures in small claims court are simple and informal^[iii] and you don’t need a lawyer to bring a case. You can ask for monetary relief and equitable relief that orders the defendant (the person you’re suing) to “return, reform, refund, repair or rescind.”^[iv] For example, if you win your case against an appliance repair business, the court could grant you equitable relief by ordering the defendant to properly repair your stove. Before a trial, the judge may refer the parties to a free mediation session that usually lasts less than an hour. If you’re not able to reach an agreement in mediation, the judge will decide your case after a trial. 

You can obtain more information on small claims court at the website for Maine’s Judicial Branch.

[i] This amount increased from $6,000 to $10,000 on January 1, 2026.

[ii] Allaf v. Shoreline Holdings Five, LLC, 2025 ME 95.

[iii] See 14 M.R.S. §§ 7481 through 7487.

[iv] 14 M.R.S. § 7481.

Finding an Attorney

Please see Finding an Attorney.