Seriously, do you, because I do not! We have township, city, county, state and federal officials. We have township, city, county, state and federal laws. We have laws as they relate to specific types of businesses, such as construction and travel. But, I cannot figure out how they work together or if they are supposed to.
I am but an ordinary citizen who has worked for 50 plus years as a business entrepreneur, participated in numerous philanthropic organizations, and a world traveler. Add to that the fact I am fairly open minded and observant but not a consumer advocate. If law enforcement is a mystery to me, I do not believe I am alone. It boggles the mind and the more questions you ask, the more confusing it becomes.
At least I think I have figured out one aspect of law enforcement. When a person robs a bank the jurisdictional law enforcement officers catch you, you confess and then are sentenced, or you do not confess and the jurisdictional officials take you to court and trial. That seems fairly straight forward.
If there is a barking dog in your neighborhood, and there are ordinances about barking dogs, you file a complaint with the county or city. The county or city notifies the dog owner of the complaint and the recommendation you remedy the problem. When there are repeat complaints and nothing is done, the dog owner may have to pay a fine or go to jail. That does not really take care of the problem but the actions are supposed to intimidate the dog owner to get rid of the dog or find some other solution.
When you decide to modify your home and do not get the proper building permits you may get into trouble. Someone driving by or your neighbor could notify the county or city that you are making constructive changes to your home. The city or county may shut down the construction until you agree to follow proper procedures and obtain the appropriate permits.
On any level, we often hear the comment, “We would love to enforce the laws, but we just do not have the money or manpower to take the steps necessary”. Irrational comments such as that do not do much to build confidence in law and code enforcement.
These examples are easy to follow and understand. What about when the laws broken involve consumer rights and businesses? Then the situation really becomes cloudy. I am not referring to consumer rights organizations because I believe their primary purpose is to educate the consumer.
I do believe every state has a consumer rights division or department. I believe every state – or city and county – has their own consumer rights or codes. Every citizen is protected under the federal consumer protection act. Every citizen is protected under the federal civil rights act. County commissioners, state senators and representatives, as well as federal senators and representatives, spend their terms passing laws, statutes and codes which are intended to protect and provide equality. The question is who is responsible for enforcing all these laws, codes and statutes that time and effort went into enacting?
Companies are required, by law, to establish by laws, policies and procedures, and regulations, such as hiring practices. Governing agencies, such as the Department of Labor, force the companies to abide by these laws. Who forces the governing agencies to abide by the laws enacted within their jurisdiction?
For example, a city or county may require you to obtain and have a license to conduct business in their area. When they learn you are conducting business without the benefit of the required license, who enforces the requirement? Why have the laws if they are not going to be enforced?
There is a travel agency in San Luis Obispo, California who is operating without a local business license. When I asked about it I was told, “We do not enforce the requirement”. This same travel agency (TA) does have the required Seller of Travel (SOT) license for California. However, the TS also sold travel, according to the TA, in New York and Florida where SOT licensing is also required. The TS does not have an SOT or business license in those states. The TA has also, according to the TA and to my knowledge, sold travel in Kentucky and Alabama where no SOT is required and yet the TS also has no business license, which is required.
When there is no requirement for an SOT the consumer is protected by the Consumer Protection Act except, who enforces the Act, especially when the violations reach across state lines?
SOT guidelines are very specific on who does what and when but, if no one enforces the guidelines what is the point. When you notify a licensing agency that a TA, or other organization, is in violation and you provide them with evidence, do you expect them to enforce their own laws and statutes?
Generally, what I have found happens is a standard form letter is sent to you stating “Thank you for bringing the matter to our attention and we will add it to our files in case anyone else should inquire”. That obviously does not get the job done and only forces consumers to have little faith in the legal system.
I have actually lost count of the number of SOT guidelines this particular TA appears to have violated over the years, or at least the ones I have experienced firsthand. SOT guidelines from what I have learned could be a major factor in protecting consumers and I am really surprised all states have not enacted similar requirements. But, there again we have the question of who is going to enforce the guidelines if, or when, enacted?
Travel sellers (TS), where SOT is required, are supposed to deposit a substantial portion of each consumer’s payment into a bond or trust or escrow account. These terms are to be disclosed in full to the consumer. The intent is to prevent the TS from using the consumer funds to float their own business. The consumer funds are to be used to pay the supplier, the cruise line, airline, hotel, etc, not used to pay the operating expenses of the TS.
When a TA tells you a $500 deposit is required, the TA must also disclose who will receive that $500 and when or how it will be used. You are entitled to proof of payment to the supplier. If the funds went into a trust account, you are entitled to proof you are the beneficiary of those funds. Failure to disclose this information is a violation of SOT guidelines and your consumer protection rights. But, who enforces those rights?
The TA or TS under SOT guideline or consumer protection rights must not mislead or misrepresent their affiliations, the services or products available or provided. Consumer protection statutes usually prevent a business from deceptive business practices, especially in their advertising. For example, this particular TA advertised seminars on cruise ships with me as the public speaker. She posted my picture, my biography and information pertaining to my company, without my permission as an enticement to sell cabins. She used my identity without consent. Not only did this mislead and misrepresent the services and products available to potential consumers but violated my rights as well.
The TA also advertised on her website affiliations with certain industry affiliations in which, as it turns out, neither she nor her agency are not and have never been affiliated.
Businesses are bound to disclose all basic information, whether it is good, bad or indifferent to the consumer. In this case, the TA should disclose all pertinent information at the time the reservation is made, and as situations change. For example, a cruise was planned and at the recommendation of the TA, travel insurance was purchased. What the TA did not disclose was that the policy only had a 15 day cancellation clause and the TA never provided the policy or a copy of the policy to the traveler. The cruise also covered ports which were subsequently closed at the recommendation of the state department and the particular country. The TA never disclosed that information. When we accidentally learned of the closing and attempted to cancel and obtain a refund, we had to really push the issue. When the insurance carrier learned who the TA was they automatically refund and stated they had previous problems as a result of that TA for failure to disclose the terms of the policy and because the policies were not provided to the travelers.
As a matter of fact, the reservation confirmations the TA provided to me and my travel companions were not even the actual confirmations. When we confirmed the reservations with the cruise line, we found the assignment of different cabin numbers and specific requested arrangements had not been conveyed or made.
The TA also cancelled my reservation on COSTA without authorization.
There was at one time a joint venture contract with the TS. The contract required a deposit of $500 for each of two different anticipated cruises, as a cruise line requirement. However the contract was cancelled by me, according to the terms of the contract, on October 15, 2010, before any arrangements or reservations were made. The TS confirmed on October 18, 2010 the cancellation and receipt of the deposits which were to go to Carnival at the time reservations were made. The TS in the same correspondence stated she decided to make the reservations anyway and had sent the deposits to Carnival.
There is no proof from hotels or the cruise line that she ever made any reservations or related arrangements on my behalf. The TA has not refunded the deposit money.
Also, when you purchase a product that comes with a warranty, like insurance, know who the warranty is with. Is the provider the providing or installing contractor or the manufacturer?
The TS or TA is also obligated to disclose consumer rights or remedies should the TS, or TA, violate SOT guidelines or consumer protection acts. The rights and remedies differ from state to state, but generally include statements that you are entitled to private action against the TS or TA and entitled to treble damages, attorney fees and costs, and some states allow the Attorney General to seek criminal or civil penalties, including restitution on behalf of the consumer. But, can you count on the Attorney General to act? In this case, where the TA has crossed state lines, can you count of the US Attorney General acting? This TA made no such disclosures.
This particular TS, TA, has violated city, county, state and federal guidelines, statutes, laws, codes and acts. Who do you believe should enforce the laws broken by this business?
I expect to hire a private attorney when I have a need for specific legal agreements or need to enforce those specific agreements. Are we expected to hire private attorneys to enforce city, county, state and federal laws?
Are we being too literal when we expect city, county and state attorneys, as well as state attorney generals and the US Attorney General to enforce the laws which are enacted in their jurisdiction? Is it enough that they simply file the complaints for future reference?
Author Resource:-
I am a writer and author with four published books, a public speaker and world traveler, and currently host a local computer club.
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