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DamienJD
DamienJD, Attorney
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I have a question for an attorney, please, about a better

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I have a question for an attorney, please, about a better business bureau complaint response that I believe may be leading to a lawsuit
JA: What state are you in? It matters because laws vary by location.
Customer: NC
JA: What steps have you taken so far?
Customer: No steps so far. Much conversation with the client, who wants a refund
JA: Anything else you want the lawyer to know before I connect you?
Customer: No thank you

Hello: My name is ***** ***** I am an attorney.

What question may you have about the customer complaint?

Customer: replied 4 months ago.
Hi, Damien, thank you so much. here is the complaint itself. I am very concerned about all of it, but particularly the part about misrepresentation and the people on my corporate website. I wonder what to say about that. I will send you what I have written to review now and offer your feedback if that's okay. Thank you.
Customer: replied 4 months ago.
Here's what I have written so far. Our contracted work was originally for $92,000. Due to heavy work demands the organization invoked the 30-day contract clause to wrap up work early and the remaining work was for $42,933.26. To date we have been paid $23,000 and are owed $19,933.26. I verbally informed the client at the start of the project that the first of 4 reports would be later than the contract date due to start-up time of the contract and in writing and verbally have requested a plan due date that engages additional members of the client team with no response yet from the client. On July 5, 2018 the client directed me not to perform and deliver the report; however, I am still willing to perform and deliver the report. This is the first time I have heard about a client interest in other members of the ERC team taking part in this work. With full project funding restoration, I am glad to bring any member(s) of the ERC team onto the project for the final remaining days of this project. I have a network of contract workers that I bring onto projects when their skill sets can complement client outcomes. I have been working with one contract worker on this project so far, who is working as an extension of my time versus a known by the client contributor to the project. As a for-profit mission-based business operating with an LLC, I rent office space in a church. An Executive team member of KWHCoin visited our office prior to signing our project contract. I understood emails from the client about the need for fundraising results as factual and information I needed to know to perform my duties. Significant work has been done on fundraising, including an in-service staff training on messaging, an analysis of strengths, weaknesses, opportunities, and threats with core stakeholders that may affect fundraising, top prospect research and identification, an initial revenue generation plan, and recommendations about collateral development. In recent weeks, there are three 24-hour periods where the CEO of KWHCoin and I have not spoken or emailed that I am aware of, two of which are today and yesterday. I believe it is around one of these periods that this communication was written in terms of not returning emails and phone calls. Communication is critical, and I make every effort to return calls and emails the same day when possible.
Customer: replied 4 months ago.
He is using odd language that is not consistent with prior conversation, such as the word "packet" instead of "plan". He is a hybrid organization and I think he has also filed a complaint with the Department of Justice for the nonprofit arm of his company. I wonder if there is anything I should be doing differently because he is using different language than before. I don't want to inflame him, I want to work this out and make sure he has great service.

Isn't there a way to settle or resolve this? It is not the greatest idea to publish all that you want to say in defense on the BBB website.

Customer: replied 4 months ago.
I appreciate your sharp comment. Please help me.
Customer: replied 4 months ago.
The only way I understand to settle it is to give him 23,000. I know that isn't a ton of money, but I don't have it.

Usually, for the BBB website, you can put something as a defense wherein you explain that you provided the proper service or general denials. You would not want to give such a thorough explanation because that could be used against you in any future litigation. I cannot tell you want to write.

You can look at other companies' responses and mirror any of the ones that are basically short and sweet. No lengthy explanations.

Here is a link to what the BBB says:

https://www.bbb.org/tucson/for-businesses/2-complaints/tips-for-handling-consumer-complaints/

We can continue to discuss this if you would like to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

Customer: replied 4 months ago.
Damien, thank you for this information. I didn't know it before, and I really appreciate it. Do you know what happens next? Do we have a facilitated session? Do I mirror that strategy (general; short and sweet) in the facilitated session as well? Thank you for your help.
Customer: replied 4 months ago.
The link took me to a page from the BBB about customer complaints, which I appreciated. I wonder where examples of the BBB complaints and responses are? Thank you very much for your help.

I am not an expert on the BBB inner operations because it is not something attorneys handle. Attorneys handle litigation in court or arbitration. I would have to explore the BBB site just like you.

But if there is a facility session, then you would want to defend your actions in a polite way and attempt to may some nominal monetary offer even if not as high as the customer wants. Recall, the BBB is not arbitration or a court case. It is just to facilitate resolving dispute similar to a mediator.

We can continue to discuss this if you would like to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

Customer: replied 4 months ago.
Damien, I really appreciate it.
Customer: replied 4 months ago.
One more question.

Sure...

Customer: replied 4 months ago.
At no time did I ever say anyone else would be working on this account. There were no other staff members involved in the cultivation or closing of this project, nor were there mention of other people. That's ok, right?

Yes. You can stick to the facts of the situation and refer to any terms of a contract. You can refer to your oral conversations also. And if you never agreed or discuss other members of the ERC team taking part in this work, you can mention any of the facts to support your position.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

DamienJD and 14 other Legal Specialists are ready to help you
Customer: replied 4 months ago.
Thank you, ***** ***** much for your help. Jane

You are welcome, Jane. Best of luck.