CA Department of Consumer Affairs

[starbucksaddict]

Hi, can the California Department of Consumer Affairs office demand/confisdate documents of a private small business corporation without the consent of the courts? An individual recently filed a complaint via the telephone to the DCA regarding a business transaction in 2007 (more than 1 year later). 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 in less than a week! 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 except stating the transaction was less than $2000. 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!

 

[Michael Wechsler]

I don't know the details and they might be only an arbiter. What you wrote doesn't sound right to me but I can't say for sure. Do you have any documentation you can share with us or point us to a web page which might explain whom you are dealing with specifically?