NCJ Number
51238
Date Published
1976
Length
264 pages
Annotation
FOLLOWING AN OVERVIEW OF VARIOUS COMMON TYPES OF REDRESS MECHANISMS FOR CONSUMER COMPLAINTS, THE EFFECTIVENESS OF TWO MODELS--A MEDIATION AND A JUDICIAL--IS EXAMINED. THE JUDICIAL (SMALL CLAIMS COURT) PROVES MORE EFFECTIVE.
Abstract
THE TWO CONSUMER PROTECTION AGENCIES EXAMINED WERE BOTH IN ERIE COUNTY, N.Y. THE CONSUMER AFFAIRS CLEARING HOUSE OF WESTERN NEW YORK, OPERATED BY THE BETTER BUSINESS BUREAU, WAS THE MEDIATION MODEL AND THE CITY OF BUFFALO SMALL CLAIMS COURT WAS THE JUDICIAL. TABLES PRESENT DATA GATHERED THROUGH ANALYSIS OF THE 1,219 CLAIMS HANDLED BY THE COURT AND THE 11,467 COMPLAINTS HANDLED BY THE CLEARINGHOUSE. CONSUMER SATISFACTION WAS MEASURED BY A QUESTIONNAIRE SENT TO EVERY CLIENT FOR THE COURT AND BY PERSONAL CONTACT FOR A 2-WEEK PERIOD FOR THE CLEARINGHOUSE, WHOSE RECORDS WERE NOT OPEN FOR A MASS QUESTIONNAIRE MAILING. IT WAS FOUND THAT THE SMALL CLAIMS COURT WAS A MORE EFFECTIVE MECHANISM FOR A WIDER SPECTRUM OF CONSUMERS AND CONSUMER COMPLAINTS. CLEARINGHOUSE USERS WERE GENERALLY WHITE AND MIDDLE CLASS. THOSE GOING TO THE COURT REPRESENTED THE POOR AND MINORITIES AS WELL AS MIDDLE AND HIGHER INCOME PERSONS. ALSO, USERS OF SMALL CLAIMS COURT WERE GENERALLY MORE SATISFIED WITH THE SETTLEMENT. THE CLEARINGHOUSE WAS SEEN AS BEING 'ON BUSINESS' SIDE.' SUGGESTIONS ARE OFFERED FOR EXPANDING THE SERVICES OF SMALL CLAIMS COURT, FOR A GOVERNMENT-SPONSORED MEDIATION SERVICE TO HANDLE CASES NOT SUITABLE FOR SMALL CLAIMS COURT, AND FOR IMPROVEMENTS WITHIN THE COURT. APPENDIXES GIVE THE SURVEY QUESTIONNAIRES, SAMPLES OF THE CLAIMS RECORDS USED BY BOTH THE CLEARINGHOUSE AND THE COURT, AND AN EXTENSIVE BIBLIOGRAPHY. BIBLIOGRAPHIC REFERENCES ARE PROVIDED.