Department Of Consumer Affairs

[starbucksaddict]

What is the name of your state (only U.S. law)? CA

Hi, can the California Department of Consumer Affairs office demand/confisdate documents of a private small business corporation without the consent of the courts? I was recently involved in a matter in which a customer filed a complaint to the consumer affairs office. The rep threatened us that they wanted receipts of the customer's purchase that was made 9-15 months agp. They refused to hand over a copy of the complaint or detailed information regarding the complaint. They refused to state whether they have a copy of the receipt from the customer. They indicated that if we don't hand over the receipt, they will physically come by and confisdate all documents from our office. Is that legal?

 

[racer72]

Yep. Read and weep, especially the part about consumer protection.

http://www.dca.ca.gov/

 

[tranquility]

I am uncertain as to the point of that link beyond trying to justify an answer which is completly in error.

The correct answer is no. The government cannot come in and seize all the records of a business because they have a complaint against a person.

Now, there are a lot more facts to know before any real answer can be given. There is certainly more to the story than has been written so far and I certainly don't know anywhere near enough facts to even hazard a guess as to what's going on.

But, I do know that a comment saying that the government can come in and seize all the documents at will, is petulant and irresponsible. Perhaps racer72 can let us in on the facts he's basing this exception to the fourth amendment upon?

 

[starbucksaddict]

re:

Basically, an individual filed a complaint via the telephone to the DCA regarding a business transaction in 2007. On the other hand, the DCA refuses to hand over any details or "receipt" stating the transaction did occur at our business. Thus, the DCA demanded us to search all of our hand-written receipts for the customer's transaction in 2007 and hand them over to them within 4 days! The problem is we do not have the capabilities of dropping all of our daily work tasks to look through thousands of receipts from 2007 and we do not recognize the name of the complaintant. We asked for the receipt number... they said they don't have to provide it. We asked for details... they refused to provide it. Then, they threaten to seize all files and records to help the complaintant. They also threaten to issue various fines based on all of the investigation of our files. Although we have nothing to hide and have done nothing illegal, is this threat unfair? Do they have such a right without a court order? How would we justify to the DCA to hand over a copy of the complaint, to provide details, and to have the complaintant hand over the receipt? Each time I asked for details of the transaction or a copy of receipt held by the complaintant, they refused. So what can I do? Do I have any rights?

Thanks

 

[racer72]

Very simple. The DCA is the reglatory agency that issues licenses for a variety of business and professionals in the state of California. When one obtains such a license, one agrees to abide by the rules and regulations of the DCA, one of the regulations allows the DCA access to the required record to investigate complaints. There are many agencies given authority to access the records of individuals without a court order. The IRS at the federal level and child support collections and licensing of businesses at the state level are examples. Besides siezing records, the DCA also has the legal authority to fine businesses, issue letters of reprimand and issue cease and desist orders, all without the need to step inside a court room. What you need to do is see an attorney immediately.

http://www.dca.ca.gov/publications/dca_booklet.pdf

 

[tranquility]

The DCA is the reglatory agency that issues licenses for a variety of business and professionals in the state of California.

Being governed by the DCA, I have some awareness. Where in the facts does it indicate the OP is covered, has a professional license or whatever? Besides the process first requires an official demand. It is in writing and covers specific items. The demands must be reasonable and there is a process required before the demand is made. None of that has happened here. (Your IRS analogy isn't correct either. It is, in a way, but the process is even more convoluted and the penalty is, if you don't supply them (prior to court order), you will lose your argument on the taxes. The right to demand is also limited with many defenses.)

Why do you waste time with another url of no value? Is the covered? Probably, even though the only fact is the DCA is contacting him so we will assume they do. Where are their rights to disovery listed in either of the urls supplied?