CONSUMERS AND THEIR LEGAL RIGHTS - A THEORETICAL PERSPECTIVE (FROM CONSUMER MOVEMENT - POLITICAL, HISTORICAL, LEGAL, AND ECONOMIC PERSPECTIVES, 1977 BY S R LYONS, W J MCCOY, D DORIN, ET AL - SEE NCJ-45127)

• NCJ Number: 45129
• Author(s): D D DORIN
• Date Published: 1977
• Length: 47 pages
• Corporate Author: University of North Carolina
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

THE STATUS OF CONSUMER RIGHTS AND LEGAL RECOURSES BEFORE AND AFTER THE CONSUMER MOVEMENT OF THE MID-1960'S IS ASSESSED, AND THE ABILITY OF THE LAW TO PROVIDE CONSUMER SAFEGUARDS IS EVALUATED.

Abstract

PRIOR TO THE 1960'S, CONSUMERS COULD EXPECT LITTLE HELP FROM THE COURTS OR FROM REGULATORY AGENCIES IN SETTLING GRIEVANCES. THE 1975 CONGRESSIONAL HEARINGS ON AUTOMOBILE SAFETY, WHICH WERE DOMINATED BY THE TESTIMONY OF RALPH NADER, ARE VIEWED BY MANY AS THE TRIGGERING EVENT FOR THE 'NEW CONSUMERISM' OF THE 1960'S. NADER DID NOT SINGLEHANDEDLY LAUNCH AND SUSTAIN THE CONSUMER MOVEMENT, BUT HIS IMPACT ON IT WAS PROFOUND. HE DEMONSTRATED THAT A SMALL NUMBER OF CITIZENS COULD GENERATE ENOUGH PRESSURE TO INFLUENCE THE POLICYMAKING PROCESSES OF LEGISLATURES, COURTS, AND REGULATORY AGENCIES. CONSUMERISM BECAME GOOD POLITICS, AND LEGISLATION PROLIFERATED. THE RESULT WAS A SITUATION IN WHICH AT LEAST 40 FEDERAL AGENCIES WERE MANDATED TO PROVIDE SOME SORT OF CONSUMER PROTECTION. ANALYSIS OF CONSUMER LEGISLATION PROVIDES INSIGHTS INTO ITS IMPACT ON CONSUMERS' SUBSTANTIVE AND PROCEDURAL PROTECTIONS AND STATUTORY AND CONSTITUTIONAL RIGHTS. EXAMINATION OF THE FOLLOWING FACTORS PROVIDES SOME INDICATION OF THE LIKELY COURSE OF CONSUMER PROTECTION IN COMING YEARS: THE SOCIAL, ECONOMIC, AND POLITICAL FORCES THAT ENCOURAGE OR DETER CONSUMERISM; LEGISLATIVE RESPONSES TO CONSUMERISM IN TERMS OF THE LEVEL OF ACTIVITY AND THE PROPORTION OF RESOURCES DEVOTED TO CONSUMER CONCERNS; THE DEGREE OF COMMITMENT AND INGENUITY WITH WHICH REGULATORY AGENCIES ATTEMPT TO IMPLEMENT CONSUMER-ORIENTED MEASURES; COURT INTERPRETATIONS OF CONSUMER-RELATED LEGISLATIONS; THE DEVELOPMENT OF NEW CONSUMERIST WEAPONS; THE EFFECTIVENESS OF SMALL CLAIMS COURTS AS A LEGAL RECOURSE FOR CONSUMERS; AND THE EXTENT TO WHICH CONSUMERS ARE AWARE OF THEIR RIGHTS. IT IS CONCLUDED THAT CONSUMERS HAVE MORE LEGAL RECOURSES THAN EVER BEFORE, BUT THAT THE EXTENT TO WHICH THESE RIGHTS WILL BE SIGNIFICANT DEPENDS ON THE ACTIONS OF INDIVIDUALS. (LKM)