Marines

LEGAL ASSISTANCE: Attorneys provide consumer protection for service members 'Marine Style'

6 Dec 2002 | Capt. David J. Fennell Marine Corps Base Hawaii

(Editor's Note: Part I of this series discussed how warfighting principles can apply to consumer issues. In Part II, Capt. Fennell discusses some remedies available to service members when good purchases go bad.) In your worst case scenario, maybe your planning is not sufficient in quantity or quality, and your purchase becomes like a railroad with the seller driving the train. What now Marine or Sailor? There are several ways for a consumer to make a dignified withdrawal while minimizing losses. First, contact the seller in person or by phone. Note the contact person, date/time of contact and any phone numbers or addresses. Have specific problems to address regarding the sale and specific solutions that will be acceptable to you. If the contact person refuses to solve your problem, then write a letter addressed to the next higher contact such as a sales manager or general manager. The letter should include a brief description of the initial contact, explaining who was contacted, when and the problems with the sale, as well as your proposed solutions. Send the letter certified mail, and keep a copy of the letter and the certified receipt.Second, contact a legal assistance attorney at Bldg. 215, either by walking in on Tuesdays or Thursdays on a first come, first-served basis from 7:30 - 10 a.m., or by calling 257-2110, ext. 242, to make an appointment with an attorney. A legal assistance attorney is the best weapon for service members, retirees and their dependents to use in their battle for consumer protection. What can a legal assistance attorney do for the consumer?¥A legal assistance attorney can advise you as to the merits of your claim and explain to you which areas of your purchase may give rise to concern and which areas are legally and ethically acceptable.¥On your behalf, the attorney can negotiate a satisfactory settlement with the seller. In the negotiation, the attorney will refer to previous efforts made by you to solve the problem. The seller will often agree to a settlement with you rather than risk further action by the attorney. If negotiations lead to a stalemate, the attorney can recommend further courses of action. The action may include advising you on civil court actions and providing a contact list of civilian attorneys or government agencies that will seek an acceptable remedy for you.¥The attorney can advocate that a business establishment be listed as "off limits" to military personnel by presenting a military member's business complaint to the Armed Forces Disciplinary Control Board. What is the AFDCB?The AFDCB is a board made up of four representatives, each representing a U.S. armed service on Oahu. Once every quarter, AFDCB board members meet at a military installation and discuss problems that are commonly shared by military members in each of the service branches. Many other members of the military and civilian community attend the meetings such as Honolulu police, Liquor Commission and Financial Services representatives, to advise the board on their particular areas of expertise. A Legal Assistance representative attends the meeting in order to inform the board of problematic commercial establishments. The information is based on consumer complaints from military members made at the Legal Assistance Office. Legal offices on most of Oahu's military installations have adopted the complaint collecting procedures developed by MCB Hawaii, Kaneohe Bay. Based on the complaint, the board has the power to conduct a further investigation and designate a business as off-limits. What is ELAP?An attorney can take your case to a court of law for resolution. Legal at K-Bay has provided a rare opportunity for its military clients by implementing the Extended Legal Assistance Program, which allows attorneys who have been specifically licensed by the Hawaii State Bar Association to represent clients in Hawaii's state courts. Only under rare circumstances, an ELAP attorney can take your case before a state court, if it meets certain qualifying standards.The Marine Corps has a proud history of taking care of its own, and K-Bay's Legal Assistance Office is a part of that tradition. Since a bad business dealing can have critical consequences on your financial well being as well as your overall quality of life, it is important for you to know that your Legal Assistance attorneys have a great amount of individual and shared legal knowledge and expertise. They have developed a number of methods for you to effectively resolve your consumer problems. As Marines themselves, Legal Assistance attorneys help ensure no Marine, Sailor or family member falls victim to unethical or illegal business practices. As well, the licensed attorneys act solely on your behalf, not on behalf of the U.S. government.
Marine Corps Base Hawaii