Consumer complaint
Encyclopedia
Consumer is a broad label for any individuals or household
s that use goods and services generated within the economy
. The concept of a consumer is used in different contexts, so that the usage and significance of the term may vary.
item with little individuality other than that expressed in the buy/not-buy decision. However there is a trend in marketing
to individualize the concept. Instead of generating broad demographic profile
and psycho graphic profiles of market segment
s, marketers are engaging in personalized marketing
, permission marketing
, and mass customization
.
There is increasing backlash from the public over use of the label "consumer" rather than "customer", with many finding it offensive and derogatory.
laws, and the definition of consumer is often restricted to living persons (i.e. not corporations or businesses) and excludes commercial users. A typical legal rationale for protecting the consumer is based on the notion of policing market failures and inefficiencies, such as inequalities of bargaining power between a consumer and a business. As of all potential voters are also consumers, consumer protection takes on a clear political significance.
Concern over the interests of consumers has also spawned much activism, as well as incorporation of consumer education into school curricula. There are also various non-profit publications, such as Consumer Reports
and Choice Magazine
, dedicated to assist in consumer education and decision making, and Consumer Direct
in the UK.
Additionally, the Internet opened a new forum for consumers to submit complaints. Websites such as ConsumerAffairs.com accept and publish complaints. From the consumer's perspective, publishing their complaints on highly visible websites increases the likelihood that the general public will become aware of the consumer's complaint. The Internet and complaints websites have made it possible for individual consumers to hold large corporations accountable in a public forum.
In general use, a complaint is an expression of displeasure, such as low quality service at a store, or from a local government
, etc. In legal terminology, a complaint is a formal legal document that sets out the facts and legal reasons (see: cause of action
) that the filing
party (the plaintiff
s) believes are sufficient to support a claim against another person, persons, entity or entities (the defendant
s) that entitles the plaintiff(s) to a remedy
(either money damages or injunctive relief). For example, the Federal Rules of Civil Procedure
that govern civil litigation in United States
courts provide that a civil action is commenced with the filing or service of a pleading called a complaint. Civil court rules in states that have incorporated the Federal Rules of Civil Procedure use the same term for the same pleading.
In some jurisdictions, specific types of criminal cases may also be commenced by the filing of a complaint, also sometimes called a criminal complaint or felony complaint. All criminal cases are prosecuted in the name of the governmental authority that promulgates criminal statutes and enforces the police power
of the state with the goal of seeking criminal sanctions
, such as the State (also sometimes called the People) or Crown (in Commonwealth realm
s). In the United States, the complaint is often associated with misdemeanor criminal charges presented by the prosecutor without the grand jury process. In most U.S. jurisdictions, the charging instrument presented to and authorized by a grand jury
is referred to as an indictment
.
In many U.S. jurisdictions, a complaint submitted to a court must be accompanied by a Case Information Statement
, which sets forth specific key information about the case and the lawyer
s representing the parties
. This allows the judge to make determinations about which deadlines to set for different phases of the case, as it moves through the court system.
In some countries, (for example Australia
and the UK
and many countries of the European Community), the making of consumer complaints, particularly regarding the sale of financial services, is governed by statute
. The statutory authority may require companies to reply to complaints within set time limits, publish written procedures for handling customer dissatisfaction and provide information about arbitration schemes.
Household
The household is "the basic residential unit in which economic production, consumption, inheritance, child rearing, and shelter are organized and carried out"; [the household] "may or may not be synonymous with family"....
s that use goods and services generated within the economy
Economic system
An economic system is the combination of the various agencies, entities that provide the economic structure that defines the social community. These agencies are joined by lines of trade and exchange along which goods, money etc. are continuously flowing. An example of such a system for a closed...
. The concept of a consumer is used in different contexts, so that the usage and significance of the term may vary.
In economics and marketing
Typically when business people and economists talk of consumers they are talking about person as consumer, an aggregated commodityCommodity
In economics, a commodity is the generic term for any marketable item produced to satisfy wants or needs. Economic commodities comprise goods and services....
item with little individuality other than that expressed in the buy/not-buy decision. However there is a trend in marketing
Marketing
Marketing is the process used to determine what products or services may be of interest to customers, and the strategy to use in sales, communications and business development. It generates the strategy that underlies sales techniques, business communication, and business developments...
to individualize the concept. Instead of generating broad demographic profile
Demographic profile
A demographic or demographic profile is a term used in marketing and broadcasting, to describe a demographic grouping or a market segment...
and psycho graphic profiles of market segment
Market segment
Market segmentation is a concept in economics and marketing. A market segment is a sub-set of a market made up of people or organizations with one or more characteristics that cause them to demand similar product and/or services based on qualities of those products such as price or function...
s, marketers are engaging in personalized marketing
Personalized marketing
Personalized marketing is an extreme form of product differentiation. Whereas product differentiation tries to differentiate a product from competing ones, personalization tries to make a unique product offering for each customer.-Internet marketing:Personalized marketing had been most practical...
, permission marketing
Permission marketing
Permission marketing is a term popularized by Seth Godin used in marketing in general and e-marketing specifically. The undesirable opposite of permission marketing is interruption marketing. Marketers obtain permission before advancing to the next step in the purchasing process. For example, they...
, and mass customization
Mass customization
Mass customization, in marketing, manufacturing, call centres and management, is the use of flexible computer-aided manufacturing systems to produce custom output...
.
There is increasing backlash from the public over use of the label "consumer" rather than "customer", with many finding it offensive and derogatory.
In law and politics
Within law, the notion of consumer is primarily used in relation to consumer protectionConsumer protection
Consumer protection laws designed to ensure fair trade competition and the free flow of truthful information in the marketplace. The laws are designed to prevent businesses that engage in fraud or specified unfair practices from gaining an advantage over competitors and may provide additional...
laws, and the definition of consumer is often restricted to living persons (i.e. not corporations or businesses) and excludes commercial users. A typical legal rationale for protecting the consumer is based on the notion of policing market failures and inefficiencies, such as inequalities of bargaining power between a consumer and a business. As of all potential voters are also consumers, consumer protection takes on a clear political significance.
Concern over the interests of consumers has also spawned much activism, as well as incorporation of consumer education into school curricula. There are also various non-profit publications, such as Consumer Reports
Consumer Reports
Consumer Reports is an American magazine published monthly by Consumers Union since 1936. It publishes reviews and comparisons of consumer products and services based on reporting and results from its in-house testing laboratory. It also publishes cleaning and general buying guides...
and Choice Magazine
Choice magazine
CHOICE Magazine is a publication of the Australian Consumers' Association, a non-profit organisation founded in 1959 to research and advocate on behalf of Australian consumers. The organisation trades as CHOICE and is similar to Consumer Reports in the United States...
, dedicated to assist in consumer education and decision making, and Consumer Direct
Consumer Direct
Consumer Direct is a Government-funded call centre providing basic consumer advice in the United Kingdom. Information is also provided on their website ....
in the UK.
Additionally, the Internet opened a new forum for consumers to submit complaints. Websites such as ConsumerAffairs.com accept and publish complaints. From the consumer's perspective, publishing their complaints on highly visible websites increases the likelihood that the general public will become aware of the consumer's complaint. The Internet and complaints websites have made it possible for individual consumers to hold large corporations accountable in a public forum.
In intelligence studies
Within intelligence studies, it refers to the political staff consuming and requesting intelligence.See also
- Alpha consumerAlpha consumerAn Alpha Consumer is someone that plays a key role in connecting with the concept behind a product, then adopting that product, and finally validating it for the rest of society...
- Consumer debtConsumer debtIn economics, consumer debt is outstanding debt of consumers, as opposed to businesses or governments. In macroeconomic terms, it is debt which is used to fund consumption rather than investment...
- Consumer leverage ratioConsumer leverage ratioConsumer Leverage Ratio is a term popularized by William Jarvis and Dr. Ian C MacMillan in a series of articles in the Harvard Business Review and refers to the ratio of total household debt, as reported by the Federal Reserve System to disposable personal income, as reported by the US Department...
- Consumer theoryConsumer theoryConsumer choice is a theory of microeconomics that relates preferences for consumption goods and services to consumption expenditures and ultimately to consumer demand curves. The link between personal preferences, consumption, and the demand curve is one of the most closely studied relations in...
- ConsumerismConsumerismConsumerism is a social and economic order that is based on the systematic creation and fostering of a desire to purchase goods and services in ever greater amounts. The term is often associated with criticisms of consumption starting with Thorstein Veblen...
- Consumers' cooperativeConsumers' cooperativeConsumer cooperatives are enterprises owned by consumers and managed democratically which aim at fulfilling the needs and aspirations of their members. They operate within the market system, independently of the state, as a form of mutual aid, oriented toward service rather than pecuniary profit...
- ConsumerSearchConsumerSearchConsumerSearch is an English-language search engine for consumer product reviews, plus a database of reports on consumer products and services, published and updated only online. ConsumerSearch does not review products and services directly, nor does the site publish reviews from users...
- ConsumptionConsumption (economics)Consumption is a common concept in economics, and gives rise to derived concepts such as consumer debt. Generally, consumption is defined in part by comparison to production. But the precise definition can vary because different schools of economists define production quite differently...
- CoolhuntingCoolhuntingCoolhunting is a term coined in the early 1990s referring to a new breed of marketing professionals, called coolhunters. It is their job to make observations and predictions in changes of new or existing cultural trends...
- Mass customizationMass customizationMass customization, in marketing, manufacturing, call centres and management, is the use of flexible computer-aided manufacturing systems to produce custom output...
- Mental health consumerMental health consumerA mental health consumer is a person who is under treatment for a psychiatric illness or disorder. The term was coined by people who use mental health services in an attempt to empower those with mental health issues, usually considered a marginalized segment of society...
- Consumer reporting agency
- Consumer protectionConsumer protectionConsumer protection laws designed to ensure fair trade competition and the free flow of truthful information in the marketplace. The laws are designed to prevent businesses that engage in fraud or specified unfair practices from gaining an advantage over competitors and may provide additional...
- Consumer organizationConsumer organizationConsumer organizations are advocacy groups that seek to protect people from corporate abuse like unsafe products, predatory lending, false advertising, astroturfing and pollution.Consumer organizations may operate via protests, campaigning or lobbying...
- Consumer DirectConsumer DirectConsumer Direct is a Government-funded call centre providing basic consumer advice in the United Kingdom. Information is also provided on their website ....
- National Consumer AgencyNational consumer agencyThe National Consumer Agency is a statutory body that defends consumer interests in the Republic of Ireland.- Background :The NCA's origins can be traced to the setting up of the Consumer Strategy Group in March 2004....
(NCA) - Informed consumerInformed consumerThe concept of the informed consumer is a fundamental one in the law of the European Union. Since the general Resolution of 1975, one of the primary objectives of the European Community, and then the European Union, has been the provision of information to consumers...
- Consumer forum
In general use, a complaint is an expression of displeasure, such as low quality service at a store, or from a local government
Local government
Local government refers collectively to administrative authorities over areas that are smaller than a state.The term is used to contrast with offices at nation-state level, which are referred to as the central government, national government, or federal government...
, etc. In legal terminology, a complaint is a formal legal document that sets out the facts and legal reasons (see: cause of action
Cause of action
In the law, a cause of action is a set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party. The term also refers to the legal theory upon which a plaintiff brings suit...
) that the filing
Filing (legal)
In law, filing is the act of submitting a document to the clerk of a court for the court's immediate consideration, for storage in the court's files, or both. Courts will not consider motions unless an appropriate memorandum or brief is filed before the appropriate deadline...
party (the plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
s) believes are sufficient to support a claim against another person, persons, entity or entities (the defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
s) that entitles the plaintiff(s) to a remedy
Legal remedy
A legal remedy is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes some other court order to impose its will....
(either money damages or injunctive relief). For example, the Federal Rules of Civil Procedure
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...
that govern civil litigation in United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
courts provide that a civil action is commenced with the filing or service of a pleading called a complaint. Civil court rules in states that have incorporated the Federal Rules of Civil Procedure use the same term for the same pleading.
In some jurisdictions, specific types of criminal cases may also be commenced by the filing of a complaint, also sometimes called a criminal complaint or felony complaint. All criminal cases are prosecuted in the name of the governmental authority that promulgates criminal statutes and enforces the police power
Police power
In United States constitutional law, police power is the capacity of the states to regulate behavior and enforce order within their territory for the betterment of the general welfare, morals, health, and safety of their inhabitants...
of the state with the goal of seeking criminal sanctions
Sanctions (law)
Sanctions are penalties or other means of enforcement used to provide incentives for obedience with the law, or with rules and regulations. Criminal sanctions can take the form of serious punishment, such as corporal or capital punishment, incarceration, or severe fines...
, such as the State (also sometimes called the People) or Crown (in Commonwealth realm
Commonwealth Realm
A Commonwealth realm is a sovereign state within the Commonwealth of Nations that has Elizabeth II as its monarch and head of state. The sixteen current realms have a combined land area of 18.8 million km² , and a population of 134 million, of which all, except about two million, live in the six...
s). In the United States, the complaint is often associated with misdemeanor criminal charges presented by the prosecutor without the grand jury process. In most U.S. jurisdictions, the charging instrument presented to and authorized by a grand jury
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
is referred to as an indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
.
In many U.S. jurisdictions, a complaint submitted to a court must be accompanied by a Case Information Statement
Case Information Statement
A Case Information Statement is a document which is filed with a court clerk at the commencement of a civil lawsuit in many of the court systems of the United States. It is generally filed along with the complaint...
, which sets forth specific key information about the case and the lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
s representing the parties
Party (law)
A party is a person or group of persons that compose a single entity which can be identified as one for the purposes of the law. Parties include: plaintiff , defendant , petitioner , respondent , cross-complainant A party is a person or group of persons that compose a single entity which can be...
. This allows the judge to make determinations about which deadlines to set for different phases of the case, as it moves through the court system.
In some countries, (for example Australia
Ombudsmen in Australia
-Government ombudsmen:Government ombudsman services are free to the public, like many other ombudsman and dispute resolution services, and are a means of resolving disputes outside of the court systems....
and the UK
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
and many countries of the European Community), the making of consumer complaints, particularly regarding the sale of financial services, is governed by statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
. The statutory authority may require companies to reply to complaints within set time limits, publish written procedures for handling customer dissatisfaction and provide information about arbitration schemes.
See also
- Airline ComplaintsAirline complaintsAirline complaints are any type of formal complaint filed by an airline customer either to the airline responsible for the grievance or the government office responsible for overseeing the airlines national industry...
- Better Business BureauBetter Business BureauThe Better Business Bureau , founded in 1912, is a corporation consisting of several private business franchises of local BBB organizations based in the United States and Canada, which work through their parent corporation, the Council of Better Business Bureaus .The Better Business Bureau, through...
- Consumer Complaints
- Cause of ActionCause of actionIn the law, a cause of action is a set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party. The term also refers to the legal theory upon which a plaintiff brings suit...
- Federal Trade CommissionFederal Trade CommissionThe Federal Trade Commission is an independent agency of the United States government, established in 1914 by the Federal Trade Commission Act...
- OmbudsmanOmbudsmanAn ombudsman is a person who acts as a trusted intermediary between an organization and some internal or external constituency while representing not only but mostly the broad scope of constituent interests...
- Online Complaint Management SystemOnline Complaint Management SystemOnline Complaint Monitoring System is a system operated by the city of Mumbai, India. A Complaint Management System is one of latest productivity enhancement tools used widely by all organisations wherever there is a need of booking of complaints via operators and analysis of complaints which are...
- PessimismPessimismPessimism, from the Latin word pessimus , is a state of mind in which one perceives life negatively. Value judgments may vary dramatically between individuals, even when judgments of fact are undisputed. The most common example of this phenomenon is the "Is the glass half empty or half full?"...
- PetitionPetitionA petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer....
- PlaintiffPlaintiffA plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
- PleadingPleadingIn law as practiced in countries that follow the English models, a pleading is a formal written statement filed with a court by parties in a civil action, other than a motion...
- Service of ProcessService of processService of process is the procedure employed to give legal notice to a person of a court or administrative body's exercise of its jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body or other tribunal...