NCJ Number
58678
Date Published
1976
Length
11 pages
Annotation
A GENERAL ACCOUNT OF THE PROBLEMS RELATED TO THE JUDICIAL PROTECTION OF CONSUMERS IS PRESENTED, AND WAYS IN WHICH A NUMBER OF COUNTRIES HAVE CONFRONTED THESE PROBLEMS ARE COMPARED.
Abstract
WHILE ALL OVER THE WORLD EFFORTS ARE BEING MADE TO IMPROVE CONSUMER PROTECTION, MOST CONSUMERS DO NOT ENFORCE, OR DO SO IN A LIMITED WAY, THEIR CLAIMS AGAINST SUPPLIERS, ESPECIALLY WHERE THE SUMS INVOLVED ARE SMALL. THERE ARE A NUMBER OF REASONS FOR THIS: LACK OF LEGAL KNOWLEDGE; INFERIORITY FEELINGS; INHIBITION ABOUT MAKING CONTACT WITH A COURT OR LAWYER; RELUCTANCE TO EXPEND TIME, ENERGY, AND MONEY; RISKS OF LITIGATION; LACK OF FAITH IN THE SYSTEM OF JUSTICE; AND APATHY BY LAWYERS. EFFORTS IN VARIOUS COUNTRIES TO DEAL WITH THESE BARRIERS TO CONSUMER LEGAL ACTION INVOLVE SUPPLYING INFORMATION TO CONSUMERS SO THEY WILL KNOW THEIR RIGHTS; PROVIDING MATERIAL INCENTIVES TO ENCOURAGE CONSUMERS TO ENFORCE INDIVIDUAL CLAIMS; INTRODUCING CLASS ACTION TO GIVE AGGRESSIVE INDIVIDUAL CONSUMERS THE POSSIBILITY OF ENFORCING CLAIMS ON BEHALF OF ALL CONSUMERS SIMILARLY AFFECTED; CREATING SIMPLER PROCEDURES TO INSURE THAT CONSUMERS ARE ABLE TO ENFORCE INDIVIDUAL CLAIMS; AND CREATING SPECIAL INSTITUTIONS TO SUPPORT CONSUMERS IN THE ENFORCEMENT OF INDIVIDUAL CLAIMS. EXAMPLES OF FORMS OF THESE TYPES OF ACTIONS ARE EVIDENT IN THE UNITED STATES, SWEDEN, GERMANY, AND THE UNITED KINGDOM. THESE APPROACHES ARE RECOMMENDED: A NETWORK OF PUBLIC CONSUMER PROTECTION OFFICES, A SIMPLIFIED LEGAL PROCEDURE FOR CLAIMS UP TO A CERTAIN AMOUNT, JOINT CONCILIATION BOARDS, FINES PAID TO CONSUMERS IN THE EVENT OF FLAGRANT BREACHES OF STANDARDS, AND 'CLASS ACTION' AND THE GRANTING OF AUTHORIZATION TO PUBLIC DEPARTMENTS OR CONSUMER ASSOCIATIONS TO ENFORCE INDIVIDUAL CONSUMER RIGHTS. (RCB)