The Art of Complaining. Phil Edmonston
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Introduction
When complaints are freely heard, deeply considered and speedily reformed, then is the utmost bound of civil liberty attained that wise men look for.
— John Milton
Canadians complain just as much as Americans, but not as well. Americans fight back hard — with small claims and class action lawsuits, with mass demonstrations, and with media manipulation. In Canada, we are, well, Canadian. Our grievances are politely aired and, if they are not acted upon, we vow to take our business elsewhere. Granted, sometimes we will collectively forge institutional solutions to problems (such as making healthcare available to everyone, selling our products, and protecting our culture). But individually, we tend to be pushovers.
In 2009, a Canadian survey of consumers from twenty-three countries sought to identify which population complained the most. Overall, 38 percent of participants had complained about a product or service in the past year. Brazilians were most likely to complain (65 percent); Canadians and Americans were slightly above average (44 percent); and Japanese consumers were least likely to air their grievances (17 percent).
Percentage of respondents who lodged a consumer complaint in the last year, by country:
| Consumer Complaints | |||||
| % | % | % | |||
| Brazil | 65 | Canada | 44 | South Korea | 32 |
| Mexico | 56 | Australia | 40 | Belgium | 29 |
| Argentina | 49 | Italy | 39 | Poland | 26 |
| India | 47 | France | 38 | Hungary | 25 |
| Czech Republic | 47 | Sweden | 36 | Turkey | 22 |
| Spain | 46 | Netherlands | 35 | Russia | 18 |
| Britain | 45 | Germany | 34 | Japan | 17 |
| U.S. | 44 | China | 32 |
Source: Ipsos Reid survey, May 2009
These findings suggest there is no difference in the percentage of dissatisfied Canadian and American consumers. The difference comes, however, in how we complain.
In January 2012, CBC’s Marketplace aired a story that used a hidden camera in one Toronto store to test customers’ limits with awful customer service. They found, in general, that customers were patient and unwilling to complain about the service they were getting (www.cbc.ca/news/yourcommunity/2012/01/how-do-you-react-to-terrible-customer-service.html).
The test demonstrated that although Canadians may be just as dissatisfied as Americans over faulty products, dangerous and unreliable automobiles, contaminated food, and unsatisfactory service, we prefer not to be seen as the squeaky wheel — at least, not overtly. As veteran Toronto Star consumer columnist and author Ellen Roseman pointed out, the difference is clear: “We’re not big complainers; we grumble and tell our friends.”
This book seeks to change all that. In the pages that follow, you will learn to see complaining in a new light:
In Chapter 1, you will discover the many benefits of complaining, be inspired by the success stories of other complainers, and learn when complaints are justified.
In Chapter 2, you will be introduced to your legal rights with accurate and up-to-date summaries of consumer-rights legislation and related judicial decisions.
Chapter 3 will take you through step-by-step instructions for effective consumer complaining — enabling you to act individually to get a refund for an unsatisfactory product or service.
The process outlined in Chapter 4 will help you to understand the benefits of collective complaining and will outline the process through which effective outcomes can be achieved.
Chapter 5 offers a guide for using the court system as a vehicle to satisfy customer complaints, providing practical information about choosing an appropriate venue, anticipating costs, and handling the actual litigation.
In Chapter 6, you will find specific information pertaining to complaints in the areas of vehicles, vacations, health care, and electronics.
My hope is that with all the support, encouragement, and concrete information and tips contained in this book, Canadians will feel more comfortable about standing up for their rights as consumers — in short, voicing their complaints in a way designed to reap effective results.
Chapter One
WHY
COMPLAIN?
Is Anyone Trustworthy?
Apparently, Dr. Mehmet Oz isn’t — or so says the Healthy Weight Network and the National Council Against Health Fraud (www.healthyweight.net/fraud1.html):
In the category of Worst Claim, our 2012 Slim Chance Award goes to Dr. Mehmet Oz who touted raspberry ketone on The Dr. Oz Show as “the number one miracle in a bottle to burn your fat.” Dr. Oz claimed the product regulates the hormone adiponectin so fat in cells is “broken up” more effectively to enable “fat burning.” He declared that the product will help teach the body that it’s thin. But the only relevant research cited was conducted on lab rats and mammalian cell cultures rather than clinical research on people. By the end of the show’s program segment on raspberry ketone, Dr. Oz shifted into disclaimer mode arguing for the need for good diet and exercise. He then contradicted his opening miracle mongering by suggesting raspberry ketone will only “get you over the hump” and “is not a miracle pill.”
But let’s face it: Dr. Oz has become one of the bright stars in today’s television self-help culture. And so, despite the disclaimer at the end of the segment and the critical assessments illustrated here, many consumers will have simply stopped listening after having heard Dr. Oz describe raspberry ketone as a “miracle in a bottle.”
The good news, though, is that times are changing. Governments and the courts are becoming more responsive to consumer issues, and small claims courts are allowing claims for as much as $30,000.
On February 12, 2012, Canada’s Supreme Court endorsed Quebec’s “seller-beware” mindset in its precedent-setting judgment relating to false and misleading representations under the province’s Consumer Protection Act. In Richard v. Time Inc. (scc.lexum.org/decisia-scc-csc/scc-csc/scc-csc/en/7994/1/document.do) the court held that:
a representation should be judged simply by what a credulous and inexperienced consumer would believe to be true — a position long held by the courts in matters relating to misleading advertising charges filed under the federal Competition Act; and,
if a prohibited business practice exists, there is no need to prove actual damages; an irrefutable presumption of prejudice exists (which opens the door to punitive damages, even where the circumstances do not justify a compensatory award).
Although punitive, or exemplary damages, can go as high as $1 million (see page 112: Whiten vs. Pilot), Time magazine was ordered to pay only $15,000. The impact of this award, however, has been far greater than the amount: it puts businesses and governments on notice — there’s a new sheriff in town and things are going to be different.
How Do You Know When to Complain?
First, let me be clear: there are times when you should not complain. Contrary to the popular adage, the customer is not always right. Sure, we have all been spoiled by retailers who will take back a shirt or dress, no questions asked. But that is just good public relations. We don’t have the right to a refund or exchange credit if we change our mind, paid too much, or can’t find financing for the purchase. Actually, if the sale is cancelled because it can’t be financed, the seller is entitled to charge a penalty to cover reasonable expenses caused by the lost sale — this is why contracts should spell out the costs that will result if they are broken.
Nonetheless, there are many times — particularly if you are faced with a defective product or an unsatisfactory