FRAUD, DISPUTE, AND THE CONSUMER - RESPONDING TO CONSUMER COMPLAINTS

• NCJ Number: 38974
• Journal: University of Pennsylvania Law Review Volume: 123 Issue: 5 Dated: (MAY 1975) Pages: 1107-1186
• Author(s): E H STEELE
• Date Published: 1975
• Length: 80 pages
• Corporate Author: University of Pennsylvania
• Sale Source: American Bar Foundation
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America
• Note: REPRINT

Annotation

SEVERAL LEVELS OF CONSUMER RESPONSE ON A CONTINUUM RANGING FROM FORMAL LAW ENFORCEMENT AND GENERAL DETERRENCE TO INFORMAL RESOLUTION OF INDIVIDUAL DISPUTES ARE ADDRESSED.

Abstract

A DISCUSSION OF THE THEORY OF DISPUTE MANAGEMENT INSTITUTIONS SKETCHES A GENERAL MODEL APPLICABLE TO DISPUTES IN GENERAL. THE CASE STUDY THAT FOLLOWS IS BASED ON A DETAILED EXAMINATION OF ONE CONSUMER FRAUD BUREAU OF THE ILLINOIS ATTORNEY GENERAL'S DIVISION OF CONSUMER FRAUD AND PROTECTION. THIS IN-DEPTH ANALYSIS FOCUSES ON TWO ASPECTS OF THE BUREAU - WHO COMPLAINS TO THE BUREAU ABOUT WHAT, AND THE BUREAU'S RESPONSE TO THESE COMPLAINTS. ANALYSIS REVEALED THAT THE CONSUMER FRAUD BUREAU DOES NOT OPERATE PRIMARILY AT THE FORMAL LEVEL OF QUASI-CRIMINAL LAW ENFORCEMENT ENVISIONED IN ITS EMPOWERING STATUTE, FERRETING OUT AND PUNISHING THE HARD CORE DISHONEST BUSINESSES. INSTEAD, THE BUREAU'S PRIMARY FUNCTIONING IS AT THE MORE INFORMAL LEVEL OF PROBLEM SOLVING AND CONCRETE DISPUTE RESOLUTION.