Business group lets consumer wield clout

CARSON CITY -- With the state turning its back on them for the time being, Nevada consumers now have little choice but to turn to the Better Business Bureau if they have a dispute with a business.

"We have stepped in and are doing the best we can," said Sylvia Campbell, president of the Better Business Bureau of Southern Nevada.

In case you missed it, legislators backed Gov. Jim Gibbons' $2 million cost-saving proposal to abolish the Consumer Affairs Division, at least until July 2011.

At the same time, legislators rejected a proposal by the state Contractors Board to let people view complaints filed against builders.

The Consumer Affairs Division was abolished on June 30, although two employees remain to direct consumers to agencies where they might secure help or handle fraud cases. Its Web site also offers links to many general consumer help organizations, some of which are national.

"It is definitely a loss," Elisabeth Shurtless, a spokesman for the Department of Business and Industry, said of the Consumer Affairs Division's demise. "But people aren't alone. There are places they can go. The Better Business Bureau for sure."

Campbell and her 20-member staff already had been handling 22,000 to 23,000 business complaints a year, and they expect that total to increase.

The best tool the agency offers is its extensive Web site, southernnevada.bbb.org, which grades individual Southern Nevada businesses on how they treat consumers who file complaints against them.

Some companies, such as google pro, a company that sells CDs, received an "F" grade.

The Sears Auto Center at 4000 Meadows Lane got an "F" grade, while the Sears Auto Center at 3450 S. Maryland Parkway scored an "A."

Such wide contrasts in grades for similar businesses is an indication of how a manager can make a big difference, Campbell said. "We have companies that never have had a complaint. There are many good companies."

Businesses that are accredited with the bureau are those that have agreed to conduct business in an ethical manner and try to resolve consumer complaints, including at times going through arbitration.

The bureau takes a neutral position on complaints, siding neither with the consumer nor the company, but tries to secure mutually satisfactory settlements.

Campbell said the most common complaints today deal with cell phones and cell phone use contracts.

Although you cannot randomly rifle through complaints against contractors, the state Contractors Board still can assist homeowners with building complaints. The agency reviews the complaints and sends investigators to building sites if they merit attention.

The investigator can issue a correction order, requiring changes to be made quickly. A builder who objects can be hauled before the Contractors Board, whose decisions are public. People also can find on the board's Web site whether builders are licensed.

"A lot of states don't have contractors boards," said Art Nadler, a spokesman for the agency. "If you have a problem with a contractor, you have to go to court. We encourage people to start with us."

Nadler noted that some people file complaints against their builders with the Better Business Bureau as well as with the Contractors Board. So people might find additional information about a specific builder on the Better Business Bureau's Web site.

In closing the Consumer Affairs Division, the state turned over to the Department of Motor Vehicles the job of regulating garages and responding to auto repair complaints.

But DMV spokesman Tom Jacobs said his agency is not equipped to determine the quality of work by auto mechanics.

"They (customers) are welcome to contact our office and we will make a determination on what is their best course of action," Jacobs said. "The best course of action for the consumer is to work it out with the garage. Failing that, the consumer needs to substantiate any claim and will likely have to pursue civil action to recover any damages."

In other words, you have to file litigation in small claims court. The DMV will act on regulatory matters such as improper licensing or deceptive trade practices.

Gov. Jim Gibbons also sought to eliminate the Office of Consumer Health Assistance, which helps patients in disputes of medical bills. But legislators overrode his veto and kept the office intact.

Program director Valerie Rosalin said her office handled 8,000 complaints in 2008 and saved consumers $30 million.

Contact Capital Bureau Chief Ed Vogel at evogel@reviewjournal.com or 775-687-3901.