---
name: consumer-advocate
description: |
  Guide to consumer rights including returns and refunds, warranty claims, dispute resolution through chargebacks and small claims, lemon law basics, online purchase protections, scam identification, and complaint letter templates.
  Use when the user asks about consumer advocate, or needs help with guide to consumer rights including returns and refunds, warranty claims, dispute resolution through chargebacks and small claims, lemon law basics, online purchase protections, scam identification, and complaint letter templates.
  Do NOT use when the request requires professional legal advice or falls outside the scope of consumer advocate.
license: Apache-2.0
metadata:
  author: foundry-skills
  version: "1.0.0"
  tags: "legal-literacy contracts guide"
  category: "legal-civic"
  subcategory: "personal-legal"
  depends: ""
  disclaimer: "not-legal-advice"
  difficulty: "intermediate"
---

# Consumer Rights Advocate

> **Disclaimer:** This skill provides general legal literacy and educational information to help you understand legal concepts and processes. It does NOT constitute legal advice, represent you in any legal matter, or create an attorney-client relationship. Laws vary by jurisdiction and change over time. Always consult a qualified attorney licensed in your jurisdiction for advice on specific legal matters affecting you.

## When to Use

**Use this skill when:**
- User has a consumer dispute with a company or service provider
- User needs to understand their consumer rights for a purchase or service
- User wants to write an effective complaint letter or escalation
- User needs guidance navigating refund, warranty, or return processes

**Do NOT use this skill when:**
- User needs legal representation -- refer to qualified attorney
- User has a landlord-tenant dispute -- use tenant-rights skill
- User needs contract drafting or review -- use contract-reviewer skill

## Process

1. **Step 1:** Document the issue: timeline, communications, receipts, and evidence
2. **Step 2:** Identify applicable consumer protection rights and company policies
3. **Step 3:** Draft initial complaint or dispute communication with specific remedies requested
4. **Step 4:** Plan escalation path: company, regulatory agencies, small claims court
5. **Step 5:** Track resolution and document outcomes for future reference

## Purpose

This skill empowers consumers to understand and exercise their rights when dealing with defective products, dishonest businesses, billing errors, scams, and unsatisfactory services. It provides actionable templates, step-by-step dispute processes, and guidance on when and how to escalate.

---

## Questions to Ask the User First

1. **What is the issue?** (defective product, service not rendered, billing error, scam, warranty claim, deceptive advertising, other)
2. **How much money is involved?**
3. **When did you purchase the product/service?**
4. **How did you pay?** (credit card, debit card, cash, PayPal, wire transfer, check, cryptocurrency)
5. **Have you already contacted the seller/company?** If yes, what was the response?
6. **Do you have documentation?** (receipt, order confirmation, warranty card, photos, correspondence)
7. **What outcome are you seeking?** (refund, replacement, repair, apology, policy change)
8. **Is this a local business, national chain, or online seller?**
9. **What state do you live in?** (consumer protection laws vary by state)

---

## Step 1: Return and Refund Rights

### Legal Framework

There is no federal law requiring stores to accept returns. Return rights come from:
1. **Store return policies** (contractual obligation once posted)
2. **State laws** (some states require posting of return policies; some mandate a cooling-off period)
3. **Credit card protections** (Fair Credit Billing Act)
4. **FTC Cooling-Off Rule** (3 days for door-to-door sales over $25)
5. **Warranty rights** (separate from return policies)

### Return Strategy by Situation

| Situation | Your Rights | Best Approach |
|---|---|---|
| Defective product within return window | Full refund or exchange | Return with receipt |
| Defective product outside return window | Warranty claim | Contact manufacturer |
| Changed your mind, within return window | Per store policy | Follow store policy exactly |
| Changed your mind, outside return window | Limited | Ask for store credit; escalate to manager |
| Item not as described (online) | Strong rights under FTC rules | Demand refund; chargeback if refused |
| Subscription you cannot cancel | Various state laws | Written cancellation; chargeback |
| Service not performed as promised | Breach of contract | Demand refund; dispute; small claims |

### Return Request Template

```
RETURN/REFUND REQUEST
======================

Date: {{DATE}}

To: {{COMPANY_NAME}}
    {{CUSTOMER_SERVICE_ADDRESS_OR_EMAIL}}

From: {{YOUR_NAME}}
      {{YOUR_ADDRESS}}

RE: Refund Request -- Order #{{ORDER_NUMBER}}

Dear Customer Service,

I purchased {{PRODUCT/SERVICE}} on {{PURCHASE_DATE}} for ${{AMOUNT}}
(Order/Receipt #{{NUMBER}}). I am requesting a [full refund / exchange /
store credit] for the following reason:

{{DETAILED_REASON -- be specific and factual}}

[If defective:] The product is defective because {{SPECIFIC_DEFECT}}.
I noticed this issue on {{DATE}}. This does not meet the reasonable
expectations of a consumer purchasing this type of product.

[If not as described:] The product/service differs from what was
advertised because {{SPECIFIC_DISCREPANCY}}.

I have attached the following documentation:
- Receipt/order confirmation
- Photos of the issue (if applicable)
- Previous correspondence about this issue

Under {{your state}}'s consumer protection laws and/or your posted
return policy, I believe I am entitled to a [refund/replacement].

Please respond within 10 business days with a resolution. If I do
not receive a satisfactory response, I will pursue additional remedies
including [credit card dispute / complaint to state attorney general /
BBB complaint / small claims court].

Sincerely,
{{YOUR_NAME}}
{{YOUR_PHONE}}
{{YOUR_EMAIL}}

Enclosures: {{LIST_OF_ATTACHMENTS}}
```

---

## Step 2: Warranty Claims

### Types of Warranties

| Type | Description | Duration |
|---|---|---|
| **Express Written Warranty** | Specific promises by manufacturer in writing | As stated |
| **Implied Warranty of Merchantability** | Product works as a reasonable buyer would expect | Varies by state (typically 4 years) |
| **Implied Warranty of Fitness** | Product is suitable for the specific purpose you told the seller | Varies by state |
| **Extended Warranty / Service Contract** | Purchased additional coverage | As stated in contract |

### Magnuson-Moss Warranty Act (Federal)

Key consumer protections:
- Warranties must be available before purchase
- "Full" warranty must include free repair or replacement within reasonable time
- If product cannot be repaired after reasonable attempts, consumer can choose refund or replacement
- Cannot require consumers to use specific brands for maintenance (e.g., only OEM oil)
- Cannot void warranty for using third-party repair services (Right to Repair)

### Warranty Claim Process

```
WARRANTY CLAIM STEPS:
======================

Step 1: Gather documentation
[ ] Original receipt or proof of purchase
[ ] Warranty documentation
[ ] Product serial number / model number
[ ] Photos or video of the defect
[ ] Log of when the issue occurred

Step 2: Contact the warrantor
[ ] Find warranty claim contact (check product packaging, manual, website)
[ ] Call or submit claim online
[ ] Get a claim/case number: {{CLAIM_NUMBER}}
[ ] Note representative's name: {{NAME}}
[ ] Record date and time of contact: {{DATE_TIME}}

Step 3: Follow up in writing
[ ] Send written claim confirmation
[ ] Include all documentation
[ ] Set a reasonable deadline for response

Step 4: If claim is denied
[ ] Request denial in writing with specific reason
[ ] Review warranty terms to verify if denial is valid
[ ] Escalate to supervisor/corporate
[ ] File complaint with FTC / state AG if warranty rights are violated
[ ] Consider small claims court
```

---

## Step 3: Dispute Resolution Escalation Ladder

### Level 1: Direct Resolution (Try First)
1. Contact customer service (phone, email, chat)
2. Be polite but firm; state facts, not emotions
3. Ask for a supervisor if first representative cannot help
4. Document every contact (date, name, what was said)

### Level 2: Written Complaint
1. Send formal complaint letter (template above)
2. Send via email AND certified mail
3. CC relevant parties (corporate HQ, regulatory agency)
4. Set a clear deadline (10-14 business days)

### Level 3: Credit Card Chargeback

```
CHARGEBACK PROCESS:
====================

Eligibility: You paid by credit card and the charge is for:
- Product not received
- Product significantly not as described
- Unauthorized charge
- Billing error
- Services not rendered
- Merchant refuses valid refund

Timeline: Generally must file within 60 days of the statement
date showing the charge (Fair Credit Billing Act). Some card
issuers allow longer.

Steps:
1. Gather documentation:
   [ ] Credit card statement showing the charge
   [ ] Receipt or order confirmation
   [ ] Evidence of attempts to resolve with merchant
   [ ] Photos of defective product (if applicable)
   [ ] Correspondence with merchant

2. Contact your credit card issuer:
   [ ] Call the number on the back of your card
   [ ] Request to "dispute a charge" or "file a chargeback"
   [ ] Provide reason code (they will guide you)
   [ ] Submit documentation

3. Follow up:
   [ ] Get dispute case number: {{NUMBER}}
   [ ] Provisional credit usually issued within 1-2 billing cycles
   [ ] Merchant has right to respond
   [ ] Final resolution typically within 60-90 days

Important Notes:
- Do NOT use chargeback as first resort (try merchant first)
- Debit card disputes have weaker protections than credit cards
- PayPal has its own dispute process (use PayPal Resolution Center)
- Wire transfers and cryptocurrency are generally NOT reversible
```

### Level 4: Regulatory Complaints

| Agency | What They Handle | How to File |
|---|---|---|
| **FTC** | Deceptive practices, scams, false advertising | ftc.gov/complaint |
| **CFPB** | Financial products (loans, credit cards, debt collection) | consumerfinance.gov/complaint |
| **State Attorney General** | State consumer protection violations | Search "[your state] attorney general consumer complaint" |
| **BBB** | General business complaints (not government) | bbb.org |
| **FCC** | Phone, internet, TV service issues | fcc.gov/consumers/guides/filing-informal-complaint |
| **FDA** | Food, drug, medical device issues | fda.gov/safety/report-problem |
| **NHTSA** | Vehicle safety defects | nhtsa.gov/report-a-safety-problem |

### Level 5: Small Claims Court
- See the Small Claims Guide skill for detailed process
- Generally for disputes under $5,000-$10,000 (varies by state)
- No attorney required
- Filing fee typically $30-$100

---

## Step 4: Lemon Law Basics

### What Is a Lemon Law?

Lemon laws protect buyers of new (and in some states, used) vehicles that have substantial defects the manufacturer cannot fix after a reasonable number of attempts.

### General Lemon Law Criteria

```
LEMON LAW EVALUATION:
======================

Your vehicle may qualify if:
[ ] The vehicle has a substantial defect covered by warranty
[ ] The defect occurred within the lemon law period (varies:
    typically 1-2 years or 12,000-24,000 miles)
[ ] The manufacturer/dealer has had a reasonable number of
    repair attempts (typically 3-4 for the same issue, or
    30+ cumulative days in the shop)
[ ] The defect substantially impairs the vehicle's use,
    value, or safety

Documentation needed:
[ ] All repair orders and receipts
[ ] Dates vehicle was in the shop
[ ] Written descriptions of the problem each time
[ ] Correspondence with dealer/manufacturer
[ ] Vehicle purchase agreement
[ ] Warranty documentation

Potential remedies:
- Vehicle replacement (new vehicle of equivalent value)
- Full refund (minus reasonable use allowance)
- Cash settlement
```

### Lemon Law Action Steps
1. **Keep meticulous records** of every repair visit
2. **Report issues in writing** every time, not just verbally
3. **Give adequate repair attempts** (required before filing)
4. **Contact the manufacturer** directly (not just the dealer)
5. **File under your state's lemon law** or use manufacturer's arbitration program
6. **Consider hiring a lemon law attorney** (many work on contingency)

---

## Step 5: Online Purchase Protections

### FTC Mail, Internet, or Telephone Order Rule

Sellers must:
- Ship within the timeframe stated (or 30 days if none stated)
- Notify you of delays and give you the option to cancel for a full refund
- Issue refunds within 7 business days of cancellation (credit card) or 10 days (other methods)

### Online Shopping Protection Checklist

```
BEFORE BUYING ONLINE:
[ ] Verify the website is legitimate (check URL, look for HTTPS)
[ ] Read the return policy before purchasing
[ ] Check reviews on independent sites (not just the seller's site)
[ ] Use a credit card (not debit card) for maximum protection
[ ] Save screenshots of product description and price
[ ] Save order confirmation email

IF SOMETHING GOES WRONG:
[ ] Screenshot any discrepancies between what was promised and delivered
[ ] Contact seller through the platform's messaging system (creates a record)
[ ] Use the platform's dispute resolution first (Amazon A-to-Z, eBay, etc.)
[ ] File a credit card chargeback if platform does not resolve
[ ] Report to FTC at reportfraud.ftc.gov
```

---

## Step 6: Scam Identification

### Common Scam Types

| Scam Type | Red Flags | Protection |
|---|---|---|
| **Phishing** | Urgent emails/texts asking for personal info | Never click links in unsolicited messages |
| **Tech Support** | Unsolicited call claiming your computer is infected | Real companies do not cold-call about viruses |
| **Advance Fee** | Pay a fee to receive a prize/inheritance/loan | Legitimate winnings never require upfront payment |
| **Fake Online Store** | Too-good-to-be-true prices, no physical address | Research seller, use credit card, check reviews |
| **Moving Scam** | Low estimate, holds belongings hostage for more money | Get 3+ in-person estimates; verify DOT number |
| **Contractor Scam** | Demands full payment upfront, no written contract | Never pay more than 1/3 upfront; verify license |
| **Rental Scam** | Asks for deposit before showing property | Never wire money; verify ownership |
| **Charity Scam** | Pressure to donate immediately, vague about mission | Check charitynavigator.org; give.org |

### Universal Scam Warning Signs
1. Urgency pressure ("Act now or lose this opportunity")
2. Request for unusual payment methods (wire transfer, gift cards, crypto)
3. Too good to be true (below-market prices, guaranteed returns)
4. Request for personal information via unsecured channels
5. Cannot verify the company's physical address or phone number
6. Poor grammar, spelling errors, generic greetings
7. Threatening language (legal action, account suspension, arrest)

### If You Have Been Scammed

```
SCAM RESPONSE CHECKLIST:
==========================

Immediately:
[ ] Stop all communication with the scammer
[ ] Do NOT send additional money
[ ] Change passwords for any accounts that may be compromised
[ ] Place a fraud alert on your credit reports (all 3 bureaus)

Financial:
[ ] Contact your bank/credit card company to report fraud
[ ] Dispute any unauthorized charges
[ ] Consider a credit freeze (Equifax, Experian, TransUnion)

Reporting:
[ ] FTC: reportfraud.ftc.gov
[ ] FBI Internet Crime Complaint Center: ic3.gov
[ ] State Attorney General
[ ] Local police (file a report for your records)
[ ] If identity theft: identitytheft.gov
```

---

## Step 7: Complaint Letter Templates

### Formal Complaint to Company Executive

```
EXECUTIVE COMPLAINT LETTER
============================

Date: {{DATE}}

{{EXECUTIVE_NAME}}, {{TITLE}}
{{COMPANY_NAME}}
{{CORPORATE_ADDRESS}}

RE: Formal Complaint -- {{ACCOUNT/ORDER #}}

Dear {{EXECUTIVE_NAME}},

I am writing to formally escalate a complaint that has not been
resolved through your standard customer service channels.

BACKGROUND:
On {{DATE}}, I {{purchased/contracted for}} {{PRODUCT/SERVICE}}
for ${{AMOUNT}} from {{LOCATION/WEBSITE}}.

THE PROBLEM:
{{DETAILED, FACTUAL DESCRIPTION OF THE ISSUE}}

ATTEMPTS TO RESOLVE:
- {{DATE}}: Contacted {{NAME/DEPARTMENT}} by {{METHOD}}.
  Result: {{OUTCOME}}
- {{DATE}}: Contacted {{NAME/DEPARTMENT}} by {{METHOD}}.
  Result: {{OUTCOME}}
- {{DATE}}: Contacted {{NAME/DEPARTMENT}} by {{METHOD}}.
  Result: {{OUTCOME}}

REQUESTED RESOLUTION:
I am requesting {{SPECIFIC_REMEDY: full refund of $X / replacement /
repair / credit / specific action}}.

If this matter is not resolved within 14 business days, I intend to
pursue the following remedies:
- File a complaint with the {{STATE}} Attorney General
- File a complaint with the Better Business Bureau
- File a complaint with {{RELEVANT_AGENCY}}
- Pursue the matter in small claims court
- [If applicable] Share my experience in accurate online reviews

I would much prefer to resolve this directly with {{COMPANY_NAME}}
and continue as a customer.

Sincerely,
{{YOUR_NAME}}
{{YOUR_ADDRESS}}
{{YOUR_PHONE}}
{{YOUR_EMAIL}}

Enclosures: {{LIST}}

CC: {{STATE}} Attorney General Consumer Protection Division
    Better Business Bureau
```

### State Attorney General Complaint Template

```
AG COMPLAINT KEY INFORMATION:
==============================

Your Information:
- Full name: {{NAME}}
- Address: {{ADDRESS}}
- Phone: {{PHONE}}
- Email: {{EMAIL}}

Company Information:
- Company name: {{NAME}}
- Address: {{ADDRESS}}
- Website: {{URL}}
- Phone: {{PHONE}}

Transaction Details:
- Date of transaction: {{DATE}}
- Amount: ${{AMOUNT}}
- Payment method: {{METHOD}}
- Product/service: {{DESCRIPTION}}

Complaint Description:
{{DETAILED NARRATIVE -- stick to facts, include dates, names, amounts}}

Resolution Sought:
{{SPECIFIC REMEDY}}

Documentation Attached:
[ ] Receipt/invoice
[ ] Contract/agreement
[ ] Correspondence with company
[ ] Photos of defective product
[ ] Bank/credit card statements
[ ] Other: {{DESCRIPTION}}
```

---

## Quick Reference: Consumer Rights by Payment Method

| Payment Method | Dispute Rights | Fraud Protection | Timeframe |
|---|---|---|---|
| Credit Card | Strong (FCBA) | $50 max liability | 60 days from statement |
| Debit Card | Moderate (EFTA) | $50 if reported in 2 days; up to $500 after | 2-60 days |
| PayPal | Good (Buyer Protection) | Full coverage for qualified purchases | 180 days |
| Cash | None | None | N/A |
| Check | Limited | Stop payment possible | Before check is cashed |
| Wire Transfer | Very limited | Difficult to reverse | Immediately (if at all) |
| Cryptocurrency | None | None | N/A |
| Gift Card | None | None | N/A |

---

*This skill provides general consumer rights information. For disputes involving significant money, consult a consumer protection attorney. Many offer free consultations and work on contingency.*


## Output Format

```
CONSUMER ADVOCATE OUTPUT
========================

Section 1: Assessment / Analysis
- Key findings
- Recommendations

Section 2: Action Plan
- Step-by-step guidance
- Timeline if applicable

Section 3: Resources
- Relevant references
- Next steps
```

## Example

**Input:** "I bought a laptop online for $1,200 two months ago. The screen started flickering after 6 weeks. The company says it is not covered under warranty because of "physical damage" but I never dropped it."

**Output:**

## Consumer Dispute Action Plan

**Issue:** Laptop screen defect, warranty claim denied
**Purchase:** $1,200, online, 2 months ago
**Company claim:** Physical damage (disputed)

### Step 1: Gather Evidence
- [ ] Original order confirmation and receipt
- [ ] Warranty terms (screenshot from website at time of purchase)
- [ ] Photos of laptop showing no physical damage
- [ ] Timeline: purchase date, first defect noticed, warranty claim date, denial date
- [ ] All email/chat correspondence with company

### Step 2: Formal Dispute Letter
Send via email AND certified mail:
- State: product, purchase date, defect description
- State: no physical damage occurred -- defect is a manufacturing issue
- Reference: warranty terms covering manufacturing defects
- Request: full replacement or repair at no cost within 14 business days
- Note: "If this matter is not resolved, I will file complaints with the FTC and my state Attorney General's office"

### Step 3: Escalation Path (if denied again)
1. Credit card chargeback (if paid by card -- you have 60 days from statement)
2. File complaint with state Attorney General consumer protection division
3. File complaint with FTC at reportfraud.ftc.gov
4. Better Business Bureau complaint (public record, companies often respond)
5. Small claims court (for amounts under your state's limit, typically $5,000-$10,000)

### Key Right
Many states have implied warranty of merchantability laws that supersede company warranty limitations. A $1,200 laptop should function for more than 6 weeks regardless of written warranty terms.

## Edge Cases

- **Incomplete information:** Ask clarifying questions before proceeding. Do not assume details the user has not provided.
- **Out of scope requests:** Redirect to appropriate professional resources when the request exceeds educational guidance.
- **Conflicting requirements:** Present trade-offs clearly and let the user decide priorities.
