Seller's Choice - Common Problems and Rare Litigation (From Consumer Dispute Resolution - Exploring the Alternatives, P 227-241, Larry Ray and Deborah Smolover, ed. - See NCJ-91236)

• NCJ Number: 92431
• Author(s): A Best
• Date Published: 1983
• Length: 15 pages
• Sale Source: American Bar Assoc
• Language: English
• Country: United States of America
• Note: Reprinted from Governing Through Courts, 1981, by R. Gambitta et al.

Annotation

Circumstances that limit the flow of consumer complaint cases to courts and other institutions as well as the style of treatment accorded those cases that are considered provide sellers with a great deal of discretion in setting the rules for complaint resolution.

Abstract

Consumer problems are most often resolved without reference to legal standards or the use of legal procedures. Consumers take action to seek satisfaction for their grievances in only about one-third of the occasions where they are dissatisfied. The fact that formal institutions handle only a minority of consumer cases may explain this low rate of complaint voicing. Consumers believe that complaint handling procedures are either under the control of sellers or are biased toward the seller, leaving the consumer with a sense of powerlessness when faced with a product defect or inadequate service. The tendency of courts and complaint handling institutions to treat problems individually, avoiding references to general legal standards, may also trivialize consumer problems and contribute to consumers' lack of awareness of legal bases for their complaints. Although the existence of small claims courts and local agencies that deal with consumer complaints may incline some businesses toward a conscientious treatment of customers because of the potential for consumer action, the general lack of consumer knowledge about legal standards for action enables sellers to treat customers according to their own rules. Seventeen references are provided.