NCJ Number
57174
Journal
Yale Law Journal Volume: 88 Issue: 5 Dated: (APRIL 1979) Pages: 998-1021
Date Published
1979
Length
24 pages
Annotation
ALTERNATIVES TO LITIGATION ARE DISCUSSED CONCERNING THE SUBJECT MATTER OF CONSUMER COMPLAINTS AND CITIZEN GRIEVANCES.
Abstract
ENTRY INTO THE COURT SYSTEM REQUIRES CONSIDERABLE TIME AND EXPENSE. COMPLAINTS ABOUT DEFECTS IN PURCHASED ITEMS AND PUBLIC SERVICES THAT INTERFERE WITH LIFE FREQUENTLY DO NOT HAVE THE HIGH DEGREE OF SERIOUSNESS THAT IS NECESSARY TO COMPEL JUDICIAL RESOLUTION. AN ACTIVE CONSUMER MOVEMENT, HOWEVER, SHOULD RECOGNIZE THAT THE AGGREGATE OF 'MINOR INJUSTICES' FORMS A COLLECTIVE HARM AGAINST SOCIETY. ALTERNATIVE MEANS OF OBTAINING JUSTICE HAVE BEEN DEVELOPED, INCLUDING THE SMALL CLAIMS COURTS AND PUBLIC LEGAL SERVICES, BUT THE LEGAL SYSTEM IS STILL GENERALLY UNRESPONSIVE TO ISSUES WHICH AFFECT THE QUALITY OF EVERYDAY LIFE. THE PERFORMANCE OF ALTERNATIVE LEGAL SYSTEMS IS CONSTRAINED BY THE UNEQUAL BARGAINING POSITIONS OF CONSUMERS AND CORPORATIONS. DISPUTES BETWEEN PEOPLE OF UNEQUAL POWER ARE UNLIKELY TO BE SETTLED FAIRLY BY MEDIATION OR ARBITRATION UNLESS THE FORCE OF LAW IS AVAILABLE TO THE LESSER PARTY AS A LAST RESORT. LEGISLATURES, THEREFORE, MUST GRANT CITIZENS THE RIGHT OF ACCESS TO COURTS IN SITUATIONS OF UNEQUAL POWER. THE EXPANSION OF THE SMALL CLAIMS COURTS, AND THE ENFORCEMENT OF AUTOMATIC RETURN POLICIES AND WARRANTIES WOULD HELP CONSUMERS, BUT IN ORDER TO DETER BUSINESSES FROM HARMING CONSUMERS THERE MUST BE A MEANS OF INITIATING FORMAL LITIGATION. ONE METHOD CONSISTS OF REGISTERING MINOR COMPLAINTS AND AGGREGATING THE POTENTIAL ACTIONS INTO CLASS ACTIONS SUITS. FURTHER DISCUSSION CONCERNS THE SOCIAL COSTS OF INEFFECTIVE SYSTEMS OF JUSTICE AND THE FRAUDULENT SCHEMES USED BY BUSINESSES TO PREVENT CONSUMERS' REDRESS. FOOTNOTES ARE PROVIDED.