Legal Lingo: How to Handle Legal Threats From Clients in Regard to COVID-19

In the current crisis, travel advisors may feel under attack if their clients and customers become angry and adversarial.

While some advisors are the happy recipients of client gratitude, others have reported threatening phone calls and letters, often from attorneys. This is unprecedented, and these interactions have left these agents feeling vulnerable and unsure of how to respond.

How do I respond to an angry client over the phone?
Knowing how to respond is certainly important. My first piece of advice is easier said than done: Remain calm. The angry person on the other end of the phone is more scared and frustrated than angry. Unfortunately, it isn’t always straightforward to differentiate the two.

It’s often easy to become defensive; after all, you didn’t create the crisis, and you don’t write the supplier’s policies. In many respects, the people who are complaining just want to be heard — and be told that they are understood. So, give them time and space to vent. Don’t argue. Be patient. (The old schooltime phrase “Sticks and stones may break my bones, but words will never hurt me” is fitting here.)  

Remain calm. The angry person on the other end of the phone is more scared and frustrated than angry.

Can I be sued by my client? 
If worried about threats and lawsuits from clients, please remember that although anyone can sue for basically anything, you have done nothing wrong by acting as the intermediary between the customer and the supplier. The standard of care for a reasonably prudent travel advisor is to seek the best outcome for your client — be it a refund, a credit or a rescheduled trip.

You should also be ready to negotiate on behalf of the client. Many advisors have asked me if they should return their commissions and service charges. It is fair to argue that you earned your fee when you performed the work for the client, so while you may return some of the service fees for canceled trips, you do not have to. (Note: Goodwill may warrant a compromise, but you have already earned that fee, and now you are expected to keep working to get the client a fair outcome.) It’s also worth noting that you don’t have to work for free.

If you receive a threatening letter, you should notify your errors and omissions insurance carrier. While there may be no liability at all, all policies require prompt notification to the carrier. Clients’ lawyers will try to make you worried — don’t let them. Again, you are not guilty of anything. Calmly let them know that you acted as the middleman in the transaction, and that the funds were passed onto the supplier. Then, suggest that they contact the supplier.

How do I handle credit card chargebacks?
Another tool in a consumer’s toolbox is the credit card chargeback. This is a dangerous weapon. Consumers are often alleging that they did not receive a service that they paid for, or that the charge was fraudulent. Your response is required under both circumstances. If you are fortunate enough to have your own set of terms and conditions or a client agreement, you should supply that to the credit card company. (If you’re not using these documents already, you need to in the future; they greatly limit your liability.)

Provide details of the transactions — emails, letters and anything you have to demonstrate your role in the transaction; the terms of the supplier; and your efforts to-date on behalf of the customer. Be diligent and comprehensive in your response.

What if my clients post negative comments about me online?
Another reaction that consumers may use is posting negative comments online. When this happens, you have a few options. You can choose to do nothing, or post a well-thought-out response such as, “I am sorry that you have resorted to posting defamatory comments about our business, but we would be happy to speak with you privately to better understand your concerns and try to help you reach the best outcome in this unprecedented worldwide health crisis.” Finally, you could have a lawyer write a cease and desist letter.

Please remember: Advisors are not punching bags for their clients. But, more often than not, they are on the receiving end of their fear.

The Details
The Ment Law Group
www.mentlaw.com