If a complaint meets the following criteria, it must be accepted by Caribbean Speaks and treated as a complaint for reporting purposes.
Caribbean Speaks typically do not impose additional requirements, such as requiring that complaints meet a certain monetary threshold. And while Caribbean Speaks’ strongly encourage consumers first to contact the business, a complaint will not be rejected because the consumer declines to do so.
Caribbean Speaks accept all complaints that meet the following criteria:
- The complaint includes the complainant’s name, postal address, telephone number, and email address.
- The complaint includes the business’s name and provides sufficient information to determine the business’s location.
- The complaint seeks assistance from Caribbean Speaks.
- The complaint is from a person (or a person’s authorized representative) or entity (business-to-business) that had a marketplace “relationship.”
- The complaint relates to a marketplace issue. Typically, the problem must have arisen within the previous 12 months (Note: warranties/guarantees or other extenuating circumstances may supersede this criterion).
- The complaint must allege a deficiency in the company’s marketplace performance concerning the services or products that the business provided or allegedly agreed to provide.
- When filed with Caribbean Speaks, the complaint is not in litigation and has not been resolved by a previous court action, arbitration, or settlement between the parties.
- The complaint contains no abusive language.
Marketplace issues do not include the following: - Complaints about government agencies (administrative units of local, state, federal, or provincial government).
- Complaints against individuals who are not engaged in business (e.g., a person who sells his personal car through a classified advertisement).
- Complaints alleging discrimination or violation of similar statutory/constitutional rights.
- Complaints seeking criminal penalties or alleging criminal violations, such as:
a. Robbery (such as a homeowner alleging that money, jewelry, electronics, etc., were stolen by a contractor working in their home).
b. Assault/battery (complainant alleges company personnel threatened physical violence or caused actual bodily harm).
c. Extortion (the gaining of property or money by almost any kind of force or threat of violence or property damage).
d. Vandalism (the intentional destruction of another person’s property).
e. Trespassing (unlawful intrusion, even if property is not stolen or damaged).
Additionally, because Caribbean Speaks does not make findings of criminal violations or impose criminal penalties, Caribbean Speaks would not pursue complaints that seek solely to have company personnel arrested, jailed, or prosecuted. However, Caribbean Speaks does accept complaints alleging business conduct that might also be considered a criminal violation, such as deceptive advertising, telemarketing fraud, pyramid schemes, identity theft, or computer trespass.
The following are examples of what Caribbean Speaks would pursue concerning allegations of business misconduct:
a. Deceptive advertising – ads that misrepresent the nature, characteristics, qualities or geographic origin of goods, services or commercial activities.
b. Telemarketing fraud – fraud perpetrated over the telephone by a person trying to trick a victim for financial gain. Examples include prizes/sweepstakes; advance fee loans; work-at-home schemes; pay-per-call services; slamming; magazine sales; credit card offers; lotteries; business opportunities/franchises; travel/vacations, etc.
c. Pyramid schemes – the main characteristic of a pyramid scheme is that participants only make money by recruiting more members. Some pyramid schemes do not involve the sale of products. New participants pay a fee to participate and hope to profit by recruiting others into the system. Chain letters are an example. In product-based pyramid schemes, “distributors” buy products but few products are ever retailed to the public. All “distributors” recruit other distributors and are told they can receive commissions on the purchases of the chain of distributors “below” them.
d. Identity theft – when someone steals your personal information and uses it without your permission. Common scams used to steal someone’s identity include work-at-home offers, rental schemes, phishing emails, overpayment scams, sudden riches (such as Nigerian letter scams), etc.
e. Computer trespass – allegations that someone knowingly uses, causes to be used or accesses a computer, computer service, or computer network without authorization. Computer trespass can occur by clicking on links in emails from unknown sources, clicking on links in pop-up windows, etc.
Note: A complaint that alleges criminal misconduct while performing services should be addressed with the business. - Complaints raising issues concerning the competency of doctors, dentists, licensed therapists, veterinarians, Certified Public Accountants or Chartered Accountants, and lawyers. Competency issues relate to the professional’s specialized knowledge, skill, thoroughness or preparation necessary for the professional service. However, Caribbean Speaks does accept complaints such as billing disputes or customer service issues. NOTE: Competency issues that outline a pattern or serious concern should be noted and be included in the Caribbean Speaks Business Profile. For example, a company that offered hormone replacement services received a volume and pattern of serious complaints alleging patients were overdosed with hormones causing many health issues and serious side effects. Caribbean Speaks found a deficiency in the company’s marketplace performance based on their business model of pushing contracts for repeat services that did not live up to the advertised claims.
- Complaints that challenge the validity of local, state, provincial, or federal law. For example, Caribbean Speaks’ would not accept a complaint against a cable business seeking a change in rates set by law. Caribbean Speaks would accept a complaint against a cable business alleging its charges were inaccurately computed in accordance with applicable rates.
- Complaints seeking compensation for personal injury – Caribbean Speaks do not handle complaints seeking compensation for bodily injury or emotional distress (this includes, but is not limited to: slip and fall accidents, ingesting food or other substances that cause illness, rashes, burns, or allergic reactions caused by use of a product, product defect accidents, mental distress or anxiety suffered as a result of a marketplace transaction, etc.). These types of complaints are more appropriately handled in the judicial system. While we would not address damages for personal injury, we would handle the customer service aspect of these complaints and allow the complainant to seek a refund.