News Article
Bill Womble, Jr. Successfully Defends Product Manufacturer in New Consumer Complaint Database Dispute
June 29, 2011
Bill Womble, Jr. earned a major win for a long-time Womble Carlyle client as a result of the firm’s preparation which he has led within a new area of consumer product regulation.
Earlier this year, the Consumer Product Safety Commission established a Consumer Complaint Database, allowing the general public to lodge complaints to be published by the government on the Internet against manufacturers and importers. The CPSC is not able to more than cursorily review the validity of these claims within the time allowed – that burden falls on the accused company.
Any objection to any complaint must be sent to the CPSC and agreed to by the CPSC within 10 business days to avoid public airing. The Washington Post has likened it to “the massive equivalent of an Internet bulletin board on which consumers can post personal safety reviews of products.”
Womble and John Sweeney have been leaders in the legal profession’s monitoring and responding to developments related to the CPSC Consumer Complaint Database. So in June 2011, when a complaint was lodged against a consumer product manufacturer, Womble was prepared to help the client respond properly and effectively.
Although not true, the report could have been highly damaging to the company in the court of public opinion, if it had gone public. After all, people tend to remember the damaging headlines, not the subsequent retraction printed in small type.
Womble worked closely with the client, and with input from Sky Woodward, crafted a precise, clearly documented response which was filed on the Internet Business Portal of the CPSC before the complaint went live on the public Internet, and requested expedited review. The CPSC accepted the client’s claim that the complaint was materially inaccurate and agreed that the complaint should not be posted:
“The U.S. Consumer Product Safety Commission (CPSC) has determined that the information you identified in (the complaint) as being materially inaccurate meets the definition of materially inaccurate information set forth in 16 CFR 1102.26.” And, “To correct this material inaccuracy, the CPSC is not going to publish this Report on SaferProducts.gov.”
This document is intended as an informational reminder and does not constitute legal advice. If you have any questions or would like to discuss a particular situation, please contact Womble Carlyle Sandridge & Rice, LLP. The purpose of this article is to provide general information about significant legal developments and should not be construed as legal advice on any specific facts and circumstances.