That said, it came as something of a shock to a BoatU.S. member in Port Charlotte on Florida’s Gulf coast when he learned recently that no state or local consumer affairs agency would help him with his complaint about a neighborhood marina. By the time the boat owner contacted the state, his boat had been laid up for three months, waiting for simple repairs to be completed. During the wait, the owner had been both ignored and the target of some pretty salty language by the marina staff. Oh, and when he finally retrieved his boat, the marina’s workmanship wasn’t too hot, either.

“Imagine my chagrin and surprise when [the Florida Dept. of Agriculture & Consumer Services] informed me that Florida’s boating public has no consumer protection service whatsoever ... and that any complaint has to be taken to court,” wrote the boat owner. “This seems to me to be a glaring and inexcusable discrepancy in a state with pretensions to world-class watersports and water-based recreational activities.”

Angry, but undaunted and far from ready to throw in the towel, he made his case to Florida Gov. Jeb Bush in writing.

Rex T. Newman, of the governor’s Citizens’ Services staff, replied, “I have talked with the Office of the Attorney General, the Dept. of Business & Professional Regulation and the Dept. of Agriculture & Consumer Services about your issue. Unfortunately, I was informed that your issue does not fall under the jurisdiction of any of those agencies.”

“You may wish to engage the services of an attorney,” Newman said, providing the phone number of Florida’s Bar Referral Service, in case our member didn’t know any lawyers.

While the boat owner hadn’t expected Jeb Bush to go mano a mano with his local marina, the state’s cavalier response left him more than a bit exasperated.

“What sort of nonsense is this?” he asked. “The idea of the state of Florida suggesting a lawsuit as the proper action for boaters with consumer problems is certainly confirmation of bureaucratic dedication to legalistic finagling,” he noted.

We Were Dubious

When the BoatU.S. Consumer Protection Bureau was contacted by our member, frankly, we were dubious. Was he lamenting the fact that Florida, like every other state, does not have a “lemon” law for defective boats? Or, could it really be possible that Florida, the premier boating state, was not in a position to help its boating consumers? Over the years, we’ve worked with many state consumer agencies and have been impressed. Sometimes, just a letter from a state agency can do wonders. If things had changed, clearly, it was time to investigate!

Sure enough, we were told that deep budget cuts left the Dept. of Agriculture & Consumer Services unable to tackle consumer complaints involving issues over which they have no regulatory control. We were directed to try the county consumer affairs office where the boat owner and the marina were located.

We did. No luck there, either.

A spokeswoman for Charlotte County, which is just north of Fort Myers, told us the only boat complaints they handle are “if a boat is left in the weeds in someone’s yard or something like that.”

Fortunately for other Florida residents, if not for the boat owner in this case, policies in other counties are different. For example, residents of Pinellas and Miami-Dade Counties, can appeal to their consumer affairs agencies for help with boat and marine dealer issues. BoatU.S. has also gotten good feedback from boat owners using consumer protection services offered by Palm Beach and Broward Counties. Generally, county agencies require the consumer to submit a written complaint before getting involved.

To find out how boat-related complaints are handled where you live, contact your state, county and city consumer affairs agencies. Florida residents and others who find they are not protected should relay their concerns to their local representatives.

How To Begin Complaining...

As a first step to resolving a complaint involving a boat, marine engine or a marine business like a dealer or marina, BoatU.S. recommends contacting the company in writing, stating the nature of the problem and how you want it to be resolved. Be sure to include a complete description of the boat and/or marine engine, as well as documentation like repair invoices or marine survey reports that support your case. And, don’t forget your postal address and a daytime telephone number. (If you don’t have contact information for the company, contact the BoatU.S. Consumer Protection Bureau, 703-461-2856 or e-mail consumerprotection@boatus.com. For a model complaint letter, visit www.boatus.com/consumer.)

Allow a reasonable time for a response from the company. It could take as much as three to four weeks.

Members of BoatU.S. should also send copies of their complaint information to the Consumer Protection Bureau (880 S. Pickett St., Alexandria, VA 22304 or e-mail). BoatU.S. mediates disputes on behalf of members and we are often able to help both parties reach reasonable settlements. Unfortunately, our boat owner in Port Charlotte was not aware of this service. A BoatU.S. member for five years, he said, “Well, I don’t know where I have been. It certainly would have saved me a bunch of heartache.”

Some States Are Different

Not all states follow Florida’s minimalist approach to consumer advocacy services.

For example, Michigan and California, which share top boating state rankings with Florida, both offer consumer advocacy services to boat owners.

When we called the Consumer Protection Division, which is part of the office of the Michigan Attorney General, our question, “Does your office handle complaints involving recreational boats, marinas or boat dealers?” was answered with a matter-of-fact, “Sure,” like we’d be crazy to think otherwise.

Boating consumers are also in luck in California, another top boating state. Not only does the Dept. of Boating & Waterways enforce vessel repair laws, but the state’s blanket “lemon” law, called the Song-Beverly Act, has been invoked in cases where boats are defective.

In addition, the consumer protection division of the Virginia Dept. of Agriculture & Consumer Services has worked closely with BoatU.S. for years to resolve disputes involving local boat dealers. In one instance, acting on complaints submitted by BoatU.S., a Virginia consumer protection agent and the Dept. of Natural Resources, which licenses dealers, met with the Hampton, VA, company. As a result of being told that his license would be revoked if his questionable business practices continued, the dealer mended his ways and the complaints stopped.

In New York, the State Attorney General helped BoatU.S. members and others by investigating complaints lodged against an online multiple listing service for boats after the company reneged on a money-back offer if boats didn’t sell. Soon after, the consumers got their refunds.

State agencies, however, can take legal action only when specific laws have been broken. Further, state attorneys general and other consumer protection agencies do not pursue litigation on behalf of individuals, although class actions may be launched when a group of citizens has suffered damages at the hands of a particular company.

Consumers can report complaints to their state and local consumer affairs agencies. Information about these agencies is online at state and county government Web sites, as well as in telephone directory blue pages.

To help boaters hone their skills as smart consumers, the BoatU.S. Consumer Protection Bureau has published the 34-page BoatU.S. Guide to Marine Service. The Guide provides tactics for dealing with boat repair facilities and how to keep repair disputes from spiraling out of hand. It also gives advice about where to turn to for help when problems arise. Call 703-461-2856 or e-mail consumerprotection@boatus.com for a free copy.

As this issue of BoatU.S. Magazine goes to press, the BoatU.S. Consumer Protection Bureau is developing a directory of state and local consumer affairs agencies that will include information about whether they handle disputes involving recreational boats and marine businesses. The information will be posted at www.boatus.com/consumer.

(c) Copyright BoatU.S. Magazine, March 2004