Leroy Fearon | Poor customer service or scam?

There was a time when the word scam was reserved for elaborate schemes orchestrated by fraudsters seeking to separate unsuspecting individuals from their hard-earned money. 

Today, however, an uncomfortable question is increasingly being asked by ordinary Jamaicans: At what point does poor customer service become so unacceptable that consumers begin to wonder whether they have been scammed?

This is not an indictment of every business operating in Jamaica. Many companies provide exemplary customer service, honour their commitments, and understand that trust is the foundation of long-term commercial success. 

Unfortunately, however, there is a growing number of businesses whose practices leave customers frustrated, powerless, and deeply suspicious. Increasingly, consumers are paying for goods and services only to experience endless delays, broken promises, poor communication, and an apparent lack of urgency from the businesses entrusted with their money.

The pattern has become all too familiar. A customer pays in full after being promised delivery within a specified period. Days become weeks, and weeks become months. Telephone calls are unanswered. Emails are ignored. WhatsApp messages remain unopened or are simply read without response. Social media inquiries disappear into silence. Each follow-up is met with another excuse, another promise, or another revised delivery date. 

Eventually, the inevitable question arises: "Have I been scammed?"

While the legal definition of fraud may not always apply, the practical experience from the consumer's perspective often feels no different. The customer has surrendered their money, received little or nothing in return, and is left wondering whether they will ever receive the product or service they purchased. Whether the delay results from poor management, inadequate inventory, operational inefficiency, or sheer negligence becomes almost irrelevant. What matters is that the consumer has been deprived of both the product and the confidence that the transaction was conducted in good faith.

ERODES PUBLIC TRUST IN THE MARKETPLACE 

This growing culture of poor customer service should concern every legitimate business in Jamaica because it erodes public trust in the marketplace. Trust, once lost, is exceptionally difficult to rebuild. Every negative experience shared among family members, colleagues, or across social media platforms damages not only an individual company but also public confidence in commerce itself. Consumers begin approaching businesses with suspicion rather than confidence, and that is a dangerous place for any economy to find itself.

Businesses must also recognise that poor customer service is not merely a public relations issue; in many instances, it has legal implications. Jamaica's Consumer Protection Act, 2005, was enacted to promote and protect the interests of consumers while establishing standards of fairness in commercial transactions. The legislation prohibits misleading and deceptive conduct, false representations, and other unfair business practices. It also provides mechanisms through which consumers may seek redress when businesses fail to fulfil their obligations.

When businesses advertise specific delivery periods or make promises designed to encourage customers to pay upfront, those representations create legitimate expectations. Repeatedly failing to honour those commitments without reasonable explanation or meaningful communication may constitute conduct that falls within the scope of the Consumer Protection Act. The Consumer Affairs Commission has consistently reminded businesses that consumers are entitled to truthful representations, fair dealing, and appropriate remedies where expectations created by businesses are not met.

Many consumers remain unaware of the extent of their legal rights. They have the right to receive accurate information before making a purchase, to obtain proof of purchase through receipts or invoices, to expect goods and services that conform to the representations made by the seller, and to seek redress when businesses fail to deliver what was promised. These are not privileges extended at the discretion of businesses; they are rights recognised and protected by law.

Unfortunately, consumer rights are often breached not through dramatic acts of deception but through persistent indifference. Businesses sometimes behave as though collecting payment concludes the transaction rather than beginning their responsibility to the customer. Silence is substituted for communication. Excuses replace accountability. Customers are left chasing updates instead of receiving them proactively. Such practices create frustration and anxiety that no paying customer should be expected to endure.

Businesses should appreciate that in today's digital environment, poor customer service carries consequences far beyond a single dissatisfied client. One unresolved complaint posted online can reach thousands of potential customers within hours. Negative reviews remain accessible for years, influencing purchasing decisions long after the original transaction occurred. A company's reputation has become one of its most valuable assets, and it can be damaged far more quickly than it can be repaired. Good customer service is no longer an optional competitive advantage; it is an essential component of sustainable business success.

ASSERT YOUR RIGHTS

Consumers also have a responsibility to assert their rights. Too often, individuals vent their frustrations privately or on social media but never pursue formal avenues of redress. Every receipt, invoice, email, text message, payment confirmation, and delivery promise should be retained.

Businesses should be afforded a reasonable opportunity to resolve disputes, but where they fail to do so, consumers should not hesitate to file complaints with the Consumer Affairs Commission. The Commission possesses statutory authority to investigate complaints and facilitate appropriate remedies, while the Consumer Protection Tribunal provides an avenue for resolving disputes where necessary.

Businesses would do well to remember that breaches of consumer protection legislation may carry serious consequences. Depending on the circumstances, companies may face investigations, enforcement action, orders for compensation, financial penalties, and lasting reputational damage. 

The law exists not merely to punish wrongdoing but to encourage fairness, transparency, and accountability within the marketplace. Every business that consistently ignores customer concerns risks finding itself not only before dissatisfied consumers but also before the institutions established to uphold consumer rights.

Jamaica cannot realistically aspire to become a modern, competitive economy while tolerating a business culture in which customers routinely question whether paying upfront was a mistake. Customer service extends far beyond answering telephone calls or responding to emails. It is fundamentally about honouring commitments, communicating honestly when challenges arise, respecting customers' time and money, and recognising that every transaction represents a relationship built on trust.

This article should therefore serve as both a warning and an encouragement. To businesses, the message is clear: poor customer service is no longer viewed simply as incompetence. When delays become excessive, communication disappears, and promises are repeatedly broken, consumers naturally begin to suspect dishonesty. That perception alone should alarm every business owner because confidence, once lost, is extraordinarily difficult to regain.

To consumers, the message is equally important. Know your rights. Ask questions before making purchases. Demand written commitments where appropriate. Keep accurate records of every transaction. Hold businesses accountable, and where your rights have been infringed, utilise the protections afforded under Jamaica's consumer protection laws.

Poor customer service should never become so commonplace that consumers struggle to distinguish it from a scam. Yet unless businesses recommit themselves to transparency, accountability, and respect for those who sustain them, that is precisely the unfortunate reality Jamaica risks creating. In the end, customer service is not merely about satisfying consumers – it is about preserving confidence in the integrity of our entire commercial landscape.

- Leroy Fearon Jr, J.P, M.Sc., is a lecturer, multi-disciplinary researcher, author, geography specialist, columnist, Governor General's Achievement Awardee '24 and Governor General I Believe Initiative (IBI) Ambassador '24. Email feedback to columns@gleanerjm.com and leroyfearon85@gmail.com