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I'm having trouble with an appliance repair company. Based on their inconsistent responses to my questions and the hundreds of dollars they have charged me, I believe they have performed (or at least charged me for) unnecessary repairs. Short of hiring an attorney, what are my options in dealing with them? Timothy, Lenox.

There is some very useful information on the Website of the Massachusetts Office of Consumer Affairs and Business Regulation. (Use the link in our "Information Links" pages, and then click on "How to resolve a consumer problem.") The site outlines a strategy for communicating with a merchant or business, a process that starts with telephone calls and letters and escalates to legal action.

Those who feel they have been victimized by an "unfair or deceptive practice," may resort to the Chapter 93A Demand Letter. "Unfair or deceptive practices" are defined broadly in a series of regulations you can find at www.ago.state.ma.us/sp.cfm?pageid=1564. Not surprisingly, the behavior you describe violates one or more of those regulations. (See 940 CMR 3.08(1)(d) and (e).)

The Demand Letter is important for two reasons. First, unlike calls and ordinary letters, the business or merchant cannot ignore a Demand Letter. If the business does not make a good faith response within 30 days, it may be required to pay treble damages and attorney's fees. Second, before you can pursue your claim in any of our state courts, you must send a Demand Letter (at least 30 days before filing your complaint).

So, Timothy, my best advice is to follow the steps outlined on Consumer Affairs Website and force the repair company to explain their actions. There is even a form Demand Letter on the Website with tips and instructions. Good luck.

(Submitted by the Editor)

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