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Open in hackernews

Ask HN: As a customer, how to stop non-criminal misconduct with small damages?

3•john01dav•8mo ago
In our society, we have 2 systems for dealing with misconduct: enormously expensive lawyers and courts, and police (which often feed into the former). The former is effective if the money amounts in the dispute are large enough to justify paying for lawyers and filing fees, and everyone involved has the money to do so or high quality representation is available on contingency. The latter flatly refuses to deal with non criminal matters. But, not all reasonable (meaning that someone has done business in a dishonest way or has made a mistake and then refuses to make it right) claims fall into these categories.

Examples, that I have personally experienced in the last year, include:

- buy a used car from a private party who modifies the car between the mechanic inspection and delivery of the car such that it's degraded. This cost me $800 in parts to fix, as they swapped a part for a part from a different brand of car, thus making it unsafe via incompatibility

- a store sells sealed food that upon opening is damaged and inedible, refuses return and compensation for my time going back, and credit card company has blanket policy of no charge backs on food

- store says that they have an item that I need in a time sensitive manner, then doesn't have it over a weekend when all stores are closed. Root causes is inventory software not reflecting reality. Refuses to make it right. Making it right would be sending an employee to the next city over to fetch the item, or compensating me for costs in doing so. They said that they'd sell x on y date then failed to do so. I'd have gotten it earlier from other places before the weekend had they not given me false information. I understand that such mistakes happen, but not making it right after making a mistake is unacceptable

- private seller lies about an appliance and disguises the appliance to look like one type when it's another, then refuses to reverse transaction or compensate for lost time

On some of these things, some prevention seems theoretically possible, but that isn't a viable solution because the level of time and effort that's needed to do that in all cases is unrealistic. Furthermore, many of these (such as the appliance, car, and food item) are outright scams. Placing the blame and responsibility to fix it on victims rather than perpetrators is illegitimate.

What can I do when someone successfully pulls such a scam on me? There's a limited amount of this shit that I can tolerate before losing my sanity, and I'm very close to this point. We're supposed to have rules, but it seems impossible to enforce these rules so we might as well live in a free for all, but that's unacceptable to me. I demand accountability.

Comments

CaliforniaKarl•8mo ago
Assuming this is the US, small claims court.
CaliforniaKarl•8mo ago
Also…

* Regarding the sealed food, I have reported faulty packaged-food items to the manufacturer two or three times, and in each instance was provided with a coupon for a free replacement.

* Regarding the store not having an item that they thought they did, you may find that there was no agreement in place requiring them to make it right, especially if no payment was exchanged, or if said payment was refunded. You may be limited to the “court of public opinion” that is Google Maps reviews etc..

But for the other two items, small-claims court, optionally preceded by a strongly-worded letter from a lawyer: You may find that an hour of lawyer time is worth it, to write such a letter and to generally act as a ‘sounding board’ for your issue.

john01dav•8mo ago
In the appliance case, I had legal shield at the time and I had them send a letter. The letter didn't work. The lawyer also advised against small claims since I wouldn't get the filing fee (which was more than the amount in dispute) back nor would I get any compensation for my time.
john01dav•8mo ago
The filing fee is a few hundred dollars (I won't share the exact amount as that would disclose where I am in more detail than I'm comfortable with publicly) where I am. I had one of those low cost lawyer subscriptions (legal shield) at the time of some of these incidents, and the lawyer whom they provided said that it's extremely unlikely that I'd get that back. This filing fee excludes all cases except the car. This lawyer also said that I wouldn't be able to get compensation for the substantial time investment in a small claims suit, or for the original damages.
MattGaiser•8mo ago
1. I imagine that 1 and 4 would be criminal, specifically fraud.

2. We are struggling to process even low level criminal misconduct and plenty of that goes completely unpunished, so this is very much an unsolved problem.

john01dav•8mo ago
I contacted police in both 1 and 4 and they refused to do anything. They said that it was a civil matter.
jkmcf•8mo ago
Sadly, our society is extremely dependent on most people acting in good faith.

Staying calm and persistent is probably the best you can do, but the return on investment might not be worth it.