Making a fuss and getting results.

EDWIN PACE LOOKED FORWARD TO spending the evening at home listening to a few jazz CDs on his new six-track compact disc player. Instead, he got dead silence from his stereo. After checking his outlets and receiver connections and consulting the operations tips listed in his instruction manual, Pace realized his $170 CD player was a lemon. He promptly returned to the local Philadelphia electronics store with his purchase in hand, whereupon the salesman tried it out, admitted that it didn't work and exchanged the player for a more expensive version at no extra cost.

"That's why I patronize that store," says the 30-year-old human relations specialist. "If something goes wrong with my appliance, I can always take it back and get it serviced or replaced without a problem."

Pace's predicament is pretty typical. At some time, most of us will buy a product or service only to discover it doesn't work as promised or live up to our expectations. However, not many of us really pursue getting the problem resolved--beyond griping about it or never going back to that store again. As a result, we've lost the use of the item or service, wasted our time and squandered our money.

According to a study by the U.S. Office of Consumer Affairs, 70% of people don't complain about a problem with a product or service. Most feel it's either too much trouble and don't want the hassle, or they don't know what to do, explains Michael Haslet, a former consumer affairs specialist for the U.S. Consumer Information Center. "Everyone, as a consumer, has the responsibility to complain if the service or product is unsatisfactory," says Haslet. "But most of the time it can be resolved by just going back to the company." He adds that doing so helps both the company and the consumer.

Here are a few suggestions in case you don't get your complaint resolved immediately. To be most effective, your grievance should take a step-by-step approach: Voice the complaint, write a letter, build a broad base of support for your argument and resort to legal recourse when all else fails. At any of these junctures, a complaint can get resolved. But it will take persistence and a sense of when to escalate your argument to the next stage. However, as a sophisticated complainer, you must also know when to cut your losses. Sometimes the time and effort needed to recover your money is not worth it.

DO YOUR HOMEWORK FIRST

The worst sources of consumer complaints can be traced to five kinds of businesses: retail stores, home improvement and remodeling companies, general service firms, auto repair shops and mailorder services. However, most consumers could avoid many problems if they just did their homework first.

"The more money you plan to spend, the more you need to research [the product or service] ahead of time," says Carole Glade, executive director for the National Coalition for Consumer Education Inc. in Madison, N.J. She advises that you check out the company or vendor who makes the product and the place where you intend to purchase it. Know what the return policies and warranties are before you buy. If you're dealing with a service company, check their licenses and call the issuing agencies to verify. Your local Better Business Bureau, state attorneys general offices and other local government agencies keep files of complaints against offending companies and service organizations.

Glade also advises that consumers decide why they're purchasing an item and whether their budget can afford it. She also suggests that you ask any salesperson who makes promises to put it in writing.

VOICING A COMPLAINT

For consumers to be successful, register your complaint as soon as there is a problem. Keep your receipts and the original packing materials if possible. In a dispute over a service, take pictures or a video or find some other creative way to record the claim, advises Call For Action Inc. President Shierly Rooker. The organization is a help line for individual consumer complaints based in Washington.

Also, go in with an idea of what you want to achieve--whether it's a refund, a store credit or a replacement item. Start with the salesperson that sold you the product or service. If you don't get results, ask for his or her manager or the local customer service department. Keep good notes on everyone you speak to, their titles and what they say. "If you can't arrive at a solution to the problem, then escalate your argument to the next stage," Rooker says.

WRITE A LETTER

If, at the point of sale, you can't get satisfaction and have already gone up the chain of command, the next step is to contact the company's headquarters. Many large companies have consumer affairs departments, some with toll-free numbers that are designed to give customers assistance and to hear complaints.

If it's a defective product, include in your letter a description of the product: name, size, type and model number. Explain how and when the problem occurred, and be specific. Include what you feel would be a satisfactory resolution. Also include copies of receipts; never send your originals.

"Consumer affairs departments are there to be responsive to complaints," says Louis Garcia, executive director of the: Society of Consumer Affairs Professionals (SOCAP) in Business, a trade organization in Alexandria, Va. He points out that customer satisfaction has become the watchword of corporate America these days, and that most legitimate companies want to listen because it helps them identify problems that are bad for their bottom line. So, he adds, "It's not an adversarial relationship."

Even when you're a consumer rights expert, you may have to fight to be heard. Such was the case of Call For Action's Rooker. About eight years ago, she inherited a 1969 Chevy Impala and invested $1,800 worth of repairs into the car so that her then 19-year-old son could drive it. On a trip, an intoxicated man ran a red light and smashed into the Chevy, causing $1,500 in damages. The man's insurance carrier claimed that the car was worth only $700 and refused to pay for the damages.

When Rooker became dissatisfied dealing with the claims agent, she got a supervisor involved. She then wrote a letter explaining that she was unwilling to accept the $700 check and attached mechanic receipts for all the work that had been done to the car that year to get it into driving condition. "I was clear [in my letter] that I intended to pursue this matter until the car was repaired," she says. As a result, the insurance company paid for the repairs in full. "There was nothing that I did that was mysterious," she says. "Anybody could have prepared a case for why this car should have been repaired."

BUILD A BASE OF SUPPORT FOR YOUR CLAIM

If, in spite of all your best attempts, the gripe goes unresolved, it's time to take the next step: Make a few calls and bring in an outside consumer action group. Some groups provide general information that can be used to fight the claim against a company, or they can intervene on your behalf. Most companies belong to trade organizations where you can register your complaint.

There are also government agencies that try to get your complaint resolved with a company voluntarily via arbitration or mediation services. Local municipal consumer affairs offices tend to help consumers with individual complaints, according to Emmitt Carlton, a consumer protection and charities attorney with the Association of Attorneys General in Washington.

Bringing in a third-party consumer advocacy group puts more weight behind your complaint and can force a company to deal more seriously with your complaint. Sandra Lafever of Geneva, Neb., knows the importance of third-party intervention. Call For Action helped her get back almost $700 from a telemarketing firm that promised to give her a 3-D camera, jewelry and other assorted gifts, along with hotel discounts and free vacations if she paid $700 via credit card for her "gifts" right then.

"I felt like I couldn't lose and it would pay itself back," explains Lafever. "As it turned out, the merchandise given as a gift wasn't worth it." Call for Action pursued the case, contacted the company on her behalf, and got back her money. "If something is a good deal and you have to buy it today, it's not a good deal,' says NCCE's Glade.

TO LITIGATE OR NOT?

You've written letters, gone up the chain of command and involved third-party agencies all to no avail. Now, it's time to either let the complaint go or pursue it legally. To decide if you should pursue a case, you must measure if the extra effort and cost is worth the payoff, advises Glade.

If you decide to take legal action, you can start with small claims courts. They are a quick and inexpensive way to resolve a dispute. The maximum awards differ from state to state and the filing fees are negligible.

If you decide to go further, then hire a lawyer to write a letter for you or to file a lawsuit. That's what April Robbins of Bronx, N.Y., did after she was stopped and physically assaulted by a security guard at Pathmark, an area supermarket chain, in 1991. After picking up-and paying for--$168 in groceries, Robbins was dragged back into the store and accused of stealing. It was not until her groceries were pulled out of the bags and retallied that it was obvious the guard had made a mistake. In the process he dislocated her shoulder.

"I was humiliated and angry; I had never had anything like what happen to me before," she explains. Robbins also saw people she knew staring at the entire spectacle. Neither the store manager nor the guard apologized for the scene. As a result of the severity of their treatment, Robbins did not go through the steps of filing a complaint; she headed straight for legal action.

"Had [the guard] just apologized, I wouldn't have sued," Robbins says. "A lot of people think things can happen to them and they have no recourse." But Robbins says, "The legal system does work." Last year, she won a $17,000 suit against the supermarket giant, plus medical payments.

PRAISING GOOD SERVICE

The flip side to complaining about bad service or a product is offering praise when it works. This is just as important to continue the kind of interaction you, the consumer, should expect. Ask the person you're dealing with who you should write to. This will ensure your letter gets in the right hands. Says Garcia of SOCAP. "It reinforces all the training they go through and what they are told to put forth. It all comes home to roost."

STEPS TO BECOMING A SUCCESSFUL COMPLAINER

1. Research products and services before purchasing. If the product or service is expensive, call state and federal agencies to find out if the company has had a number of unresolved complaints.

2. Decide exactly what you want to have happen when negotiating a resolution to a complaint about a product or service.

3. Be prepared. Have sales receipts, photos, etc., to make your claim.

4. Complain assertively, not aggressively; yelling never helps.

5. Take notes of who you spoke to, their titles, dates and what was said.

6. Be prepared to escalate your argument Ask for the manager, the owner or the telephone number of the company's corporate-headquarters.

7. Write letters to the company. If it's a product, describe it, include the date of purchase and tell what went wrong. If it's a service, give the name of the person who you dealt with. Include your name, address, phone number(s) and send the letter via certified mail. Keep all original receipts and make copies of your letter.

8. Call in a third-party agency to intervene on your behalf.

9. Finally, decide if you've exhausted all your initial options and should let it go, or determine if you should go to small claims court or call a lawyer.

RELATED ARTICLE: RESOURCE GUIDE

Places to call for information and third-party intervention

* The American Bar Association's Standing Committee on Dispute Resolution gives information on the mediation process and mediation services in your area. Call 202-662-1680.

* Council of Better Business Bureaus Inc. provides pre-purchase and complaint handling assistance for consumers trying to resolve marketplace problems. Call the national headquarters at 703-276-0100.

* Call For Action assists consumers with service and product problems. It also refers consumers to local offices. Call the national headquarters at 202-537-0585.

* The National Association of Attorneys General is based in Washington, but call local offices for general information or to register consumer complaints. Call the national headquarters at 202-434-8016.

* Consumer Action assists consumers with marketplace problems. Call the Consumer Complaint Hotline at 415-777-9635.

* The Consumer Information Center has free or low-cost federal booklets with information on various topics. To receive a catalog, call 719-948-4000.

* To receive Consumer Education materials through the World Wide Web: The Better Business Bureau offers information about combating marketplace scams, etc., at the local and national levels: http: \\www.cbb.org\cbbb\ The Federal Trade Commission offers brochures and publications for consumers on its internet site/ http:\\www.f.tc.gov or call 202-326-2222.