Date:         Fri, 8 Jun 2001 08:11:45 -0400
Reply-To:     "Horace K. Sawyer" <hksawyer@CATT.COM>
Sender:       Vanagon Mailing List <vanagon@gerry.vanagon.com>
From:         "Horace K. Sawyer" <hksawyer@CATT.COM>
Subject:      Re: More on sears auto dept
Comments: To: Andrew Grebneff <andrew.grebneff@STONEBOW.OTAGO.AC.NZ>
In-Reply-To:  <v01550101b746d56588d4@[202.27.183.29]>
Content-Type: text/plain; charset="us-ascii"; format=flowed

>Is there no consumer protection in the States? surely the law must require
>them to replace any part they damaged with an IDENTICAL part (though this
>might mean a good USED item).
Yes, but the laws depend on *enforcement.*  The burden is usually placed on
the consumer.  Government can't do everything, nor do you want it
to.  Insisting that some gov agency or the atty general, etc. take your
case can mean the death of it.  Either "they" are going to push it, or
not.  What is their self-interest?  Salaried employees.  The less they have
to do, the better.  Usually that results in many creative ways to say
"no."   This is not a slam -- just reality.  The injured party has the
motivation to pursue.  For example, when you file criminal charges, your
lawyer essentially becomes the District Attorney.  Yet, he or she can't
give you legal advice.  How do you know they are looking after *you?*   You
don't; because they're not.  Their mission is to prosecute crimes.  Yet, at
the end of the day, a clean desk is a happy desk.  They want the files off
their desk and into the "closed" bin.  More creative ways to avoid going
through the trouble of arresting people and taking them to trial.  The
problem is, in that situation, you have practically no power to control the
situation otherwise.  The DA is not your lawyer, and you don't call the
shots.   How do you get loyalty?  Get your own lawyer to explain the *real*
options available.  Cost money?  Sure, but you can discuss this and come up
with some reasonable fee for what services you need.  Now finding the
lawyer who is qualified to deal with your particular problem is another
story . . .
HK