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FAIR SETTLEMENT OF JUST CONSUMER CLAIMS (FROM CONSUMER COMPLAINTS - PUBLIC POLICY ALTERNATIVES, 1975, BY SAL DIVITA AND FRANK MCLAUGHLIN - SEE NCJ-57896)

NCJ Number
57904
Author(s)
C S MACK
Date Published
1975
Length
6 pages
Annotation
AN INTEGRATED APPROACH TO CONSUMER REDRESS DEVELOPED BY A TASK FORCE OF THE CHAMBER OF COMMERCE OF THE UNITED STATES IS OUTLINED BY THE TASK FORCE CHAIRMAN.
Abstract
THIS APPROACH INVOLVES INDIVIDUAL COMPANIES, PRIVATE SECTOR THIRD-PARTY MECHANISMS, AND SMALL CLAIMS COURTS, WITH APPROPRIATE UTILIZATION OF MEDIATION, ARBITRATION, AND ADJUDICATION. TO ASSURE THAT THE MAXIMUM NUMBER OF COMPLAINTS ARE DEALT WITH SUCCESSFULLY BY INDIVIDUAL SELLERS, THE TASK FORCE RECOMMENDS THAT BUSINESSES ACCORD PRIORITY TO THE HANDLING OF CUSTOMER COMPLAINTS AND ADOPT A MONEY-BACK POLICY WHENEVER FEASIBLE. WHEN A COMPLAINT CANNOT BE RESOLVED BETWEEN THE CONSUMER AND THE SELLER, THE NEXT STEP IS TO SUBMIT THE PROBLEM TO MEDIATION OR ARBITRATION THROUGH THE SERVICES OF INDUSTRY-SPONSORED PANELS, LOCAL CHAMBERS OF COMMERCE, OR BETTER BUSINESS BUREAUS. THE TASK FORCE SETS FORTH STANDARDS FOR SUCH ARBITRATION AND MEDIATION SERVICES, RECOMMENDING THAT THE FEDERAL TRADE COMMISSION PROMULGATE THE STANDARDS AS VOLUNTARY GUIDELINES, WITH THE AMERICAN ARBITRATION ASSOCIATION CERTIFYING AND PERIODICALLY EVALUATING ALL ARBITRATION AND MEDIATION SERVICES. THE TASK FORCE ALSO ENDORSES REFORMS SUGGESTED BY THE NATIONAL INSTITUTE FOR CONSUMER JUSTICE TO MAKE SMALL CLAIMS COURTS A MEANINGFUL ALTERNATIVE FOR CONSUMERS WHOSE COMPLAINTS CANNOT BE RESOLVED BY PRIVATE SECTOR MECHANISMS. THE TASK FORCE RECOMMENDS THAT SMALL CLAIMS COURTS OFFER MEDIATION AND ARBITRATION AS WELL AS ADJUDICATION AND THAT CONSUMER AND BUSINESS REPRESENTATIVES PARTICIPATE IN ESTABLISHING THE COURTS' CONSUMER REDRESS SYSTEMS. THE CHAMBER OF COMMERCE IS SUPPORTING STATE AND FEDERAL LEGISTATION TO IMPLEMENT ITS INTEGRATED APPROACH TO CONSUMER REDRESS.