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Business retaliation from a non 5 star review.

1,198 Views | 19 Replies | Last: 13 days ago by WES2006AG
62strat
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AG
Anyone ever have this happen to them?

tl;dr version
Uggh... I just want my damn tub fixed. I feel this guy has no idea, even though I pointed it out to him, that what he was asking me to do, and possibly what he is doing now, is illegal. He said several times in different words, I cannot work with you if you are trying to hurt my business, which I interpret as 'if you give me a review that isn't 5 stars, I am going to punish you and treat you unfairly., and charging me fees which he did not previously charge and put in writing they do not charge, because I won't take down the review or make it 5 stars.


Full version
We bought a hot tub from a dealer, and have had some warranty issues over the last year or so.. little by little it's gotten fixed, but this dealer is slow to respond, if they respond at all, through emails. I created a log of emails and topics and have many instances of unanswered questions or no follow ups on their part when they said something was in motion and nothing ever happened. Plenty of times when he said 'I'll do this, or I'll get this, and he never did'

Enough to justify a google review that we put up a few days ago, 3 out of 5 stars, which mostly was a warning to potential customers of the manufacture/model of the unit itself, seeing as we had so many problems (GUI not working having to be replaced, fountain features not working, cracking in exterior panels, heating system issues which is still currently unresolved, issue with finding filters that fit, etc). We also mentioned the dealer and how they don't seem to have a sense of urgency and have been unresponsive in several cases in the last 15 months, but that's about all we said. I have easy data to back up this claim.

As soon as this review went up, they emailed us and said they have had perfect customer service (coincidentally, he is right, 40ish google reviews, 100% 5 star), and they can't work with someone who is trying to pull customers away from them.
We went back and forth a bit, I said, you kinda can't do that, it's against the law, but let's please move forward with our outstanding heater issue.
2-3 back and forths of them saying, you'll have to remove the review, we can't have a partnership with someone who is hurting my business.. etc.. etc.. all in slightly different words. He goes on to suggest other service companies that can do the labor, though I have to continue to go through him for parts if they are under warranty, which everything so far has been.

Finally I convince him to leave this be, we can update review when our current issues are resolved, and he fires back with ok well our service trip charge is $95/hr per man per hour, this will take a few hours, and we may not get it fixed with this part (a new circuit board) so there could be additional charges for them to diagnose. Oh yeh and it will be 2 guys, 2 hr minimum, so $400 every time they come out. One trip will be because they are replacing a pop up bluetooth speaker. Another for exterior panel replacement, another for heater system fixes.

Mind you, rewind about 12 months ago when I asked him what warranty policy is since we never got one in writing, and he told me in email, aside from parts which are manufacture warranty, they offer free warranty labor if the techs are in the area (so you kind of have to let them schedule it without much input as to date/time.) He solidified my interpretation with 'In instances we make a trip when they aren't in the area, we will charge a trip fee'
He continued with 'we do no charge trip fees unless it's an emergency or out of area/far.' I'm a few miles from the showroom. This happened about 2-3 times previously, where they came out with no input from me on when (the first time I asked if they could come Friday when I WFH, and that's when I got the spiel), and they did not charge me.

So I feel he is retaliating because of this 3 star review I left him, which again I believe is illegal under CFRA passed in 2016. https://www.ftc.gov/business-guidance/resources/consumer-review-fairness-act-what-businesses-need-know

I also question what a 'trip fee' is vs per hour labor on site. A trip fee is typically fixed right? like a mob fee. The receipt i have in front of me from my hottub purchase says 'Travel costs are not included in the warranty and may be added'.

Can 'travel' costs be 5 hours worth if that's how long they are there?? Or is a 'travel' cost more of a fixed 'trip' fee..





Am I off base?
Tatem
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yes

also, i didn't read. that is way too long
Scotts Tot
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AG
Read the full OP because I'm bored and why not…

I don't think you're going to have much recourse here. The warranty you agreed to has some pretty soft language surrounding the application of the travel fee. Only waiving the fee when they have guys "in the area" essentially means they can charge you whenever they want, because you're not in a position to prove otherwise.

Regarding the law you referenced, I don't think it protects you in this situation. The summary I read from the link you posted states that the law prevents companies from including provisions in sales/service contracts that explicitly provide incentives for good reviews. I don't think it prevents a company from giving you poor service, as long as they are operating within the bounds of the contract.

Are they retaliating against you…? Maybe/probably

Can you do anything about it…? I don't think so. Sounds like they are being careful to protect themselves by not telling you explicitly that the bad review is the reason for the poor service. They know what they're doing.
Mr. Thunderclap McGirthy
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Here is how you fix it.

Post this on the Outdoor Board. Give them the name of the company. Let them do their thing. You will have this guy crawling on hands and knees to fix the issue. Might even bring you a nice Bundt cake.

Edited to add: Outdoor Board don't play, son.
The AntAGonist
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I agree for what that's worth. In addition, if you believe these guys are acting in a shady manner, why would you want to continue to have them do the work for you? I find it would be hard to trust them going forward, no? Is it possible to have someone else come in and correct or rectify the situation?
THE_CHOSEN_ONE
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Return the hot tub and leave a 1 star review
62strat
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The AntAGonist said:

I agree for what that's worth. In addition, if you believe these guys are acting in a shady manner, why would you want to continue to have them do the work for you? I find it would be hard to trust them going forward, no? Is it possible to have someone else come in and correct or rectify the situation?

valid question, and I do not want to work with them on future maintenance/fixes, since I do have a choice of where to go for warranty work.
The issue is we have outstanding items I've been waiting to get fixed for a long time.. like a filter issue that has been going back and forth for 15 months, and a speaker issue from this spring, and a panel issue from June.

So I want to finish what I have outstanding with them, preferably without paying labor since that what was laid out for me as far as warranty work. I don't want to go to a new outfit who will surely charge me labor and is coming into the middle of issues.

Then fingers crossed we just don't have any more issues. All issues came on pretty quickly after delivery last may, except the heating system back in August, but I believe this is a result of not having correct filters. The errors are 'low flow', 'no flow in heater', etc.. clearly filter related, and cracked panels which was earlier this year.

The tech came out in early august to replace a fuse, and while pulling the suspected bad on out, he broke it, so I never even got validation whether or not it was bad in the first place.
It didn't fix the problem. Then he put the panels back on incorrectly and they have since warped. One of them was already slated to be replaced due to a crack, but the other was fine.. not anymore.

Filters... oh my you might not even believe this story.
They have been unable to give me replacement filters that fit. So while I clean them regularly, they are not meant to last 16 months. They've sold me filters that didn't fit, sent out a guy with filters that didn't fit, told me 'oh yeh they switched them, I sold you the wrong ones', to saying 'ok I got some straight from manufacturer, come get them,' only to not fit and he kind of shrugged his shoulders like 'hey this is what manu gave me'.

This saga is laughable now, because a few weeks ago I said, hey they filters you just gave me from manufacturer, they are SS01 labeled on the box, I need SS03 per a spec sheet I attached that I downloaded when I bought the tub.

He says, 'oh wow, you're right, good catch... I didn't know SS03 existed, neither did our rep guy.. we'll get some soon, wow I'm embarrassed we didn't know about this.'

Laughable because in Aug of 2024, I sent email with spec sheet and asked "where can I get SS03 filters, I only see them online from a store in UK, so I'm hesitant to purchase". He said 'don't buy them online, I don't recommend. You can get them in my store.
Literally a year ago I said I needed SS03, and last week he's saying him and no one else at store knew those existed and they must have changed it all up.

So that's the filter saga in a nutshell. Meanwhile it's likely causing my low flow and no heat issues.

BlueMiles
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Sorry that you're dealing with this. I've had some luck in the past by reporting a complaint to the Better Business Bureau. I provided the details and the outcome that I was expecting, and the contact info for the business I had the issue with.

The BBB did contact the business and did not hear back, but the business resolved the issue. (Due to the business not responding to the BBB it shows up on the BBB site as a complaint not resolved.)

Maybe it will help? Either way I hope you are fixed up soon.
1990Hullaballoo
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One more idea:

Contact the regional sales folks or the manufacturer directly and let them know the issues you are having with their product and include the problems you have incurred with one of their "approved" suppliers/maintenance contractors. Make sure they know you are not satisfied with the dealer's action/inaction and you have left a less that ideal review of them and will be informing everyone you know not to use this dealer or purchase that brand of equipment for the reasons you stated above.
62strat
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1990Hullaballoo said:

One more idea:

Contact the regional sales folks or the manufacturer directly and let them know the issues you are having with their product and include the problems you have incurred with one of their "approved" suppliers/maintenance contractors. Make sure they know you are not satisfied with the dealer's action/inaction and you have left a less that ideal review of them and will be informing everyone you know not to use this dealer or purchase that brand of equipment for the reasons you stated above.

I did this last night, attaching receipt of purchase and picture of serial number tag on the unit. They are a UK based company, so that kind of sucks. But I requested to get my unit registered back from date of purchase (I was never told to register or given any paperwork of any kind other than 1 page receipt), and asking for other authorized service contractors. I also asked for a written warranty policy, since I never got one, and the one on their website (which they did a major update to in the last couple of months) says for July 2025 or later.
superunknown
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I thought Trump got rid of all that sissy woke Biden/Pocahontas consumer protection crap
Ptery83
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I would downgrade the review to a one star and say exactly what he is doing to you in it. The only way you remove it is when he makes you whole. Otherwise it stays up.
IIIHorn
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1990Hullaballoo said:

One more idea:

Contact the regional sales folks or the manufacturer directly and let them know the issues you are having with their product and include the problems you have incurred with one of their "approved" suppliers/maintenance contractors. Make sure they know you are not satisfied with the dealer's action/inaction and you have left a less that ideal review of them and will be informing everyone you know not to use this dealer or purchase that brand of equipment for the reasons you stated above.


That'll put the dealer in hot water.


( ...voice punctuated with a clap of distant thunder... )
IIIHorn
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BBB = Bathe Back Better?


( ...voice punctuated with a clap of distant thunder... )
Mr. Thunderclap McGirthy
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superunknown said:

I thought Trump got rid of all that sissy woke Biden/Pocahontas consumer protection crap

Yep. All pro business now.

He did it right after the internment camps for the gheys were built.
vin1041
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This all sounds bubbly!
bagger05
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I'd try to get on the phone with the manufacturer. I know they're in the UK, but I think the phone will get you MUCH better results than email.

If you talk to them, I wouldn't talk too much about the review thing. I'd focus on just getting your hot tub working properly by getting the products and service you need from someone other than these clowns you're dealing with.

And as for the "outstanding items" you have with the guys who have done the work so far, I would just walk away from it. I don't know how much money is at stake but it feels like writing it off as an unfortunate experience is going to be the cheapest possible option.
Ragoo
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Take down review, apologize, get unit repaired, post 2 star review and cite blackmail.
Ragoo
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Ptery83 said:

I would downgrade the review to a one star and say exactly what he is doing to you in it. The only way you remove it is when he makes you whole. Otherwise it stays up.
or this
WES2006AG
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AG
Downgrade the review to 1 star and explain why. Then use someone else.
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