Planned Disregard in Consumer Relations: A Proposition to Redress Consumer’s Lost Time

• 作者: Laís Bergstein
• 来源期刊: 美中法律评论:英文版
• 学科: 教育
• 关键词: consumer TIME PLANNED disregard damage DUE to TIME LOST full redress structural processes
• 年，卷（期）: 2019,（4）
• 页码范围: 133-142
• 页数: 10页
• 分类号: G623.31

摘要

Time exerts multiple influences on consumer relations since it is a triggering factor for several legal obligations, especially in long-term contractual bounds. The valuation of time as an essential and limited resource has emerged in the context of post-modernity with the formation of a new consciousness about the effects that its passage exerts on people. In Brazil, especially since 2009, several judicial decisions recognized the time lost by consumers trying to solve conflicts with suppliers as a special kind of moral damage and guaranteed the right to redress. However, many other consumers in similar situations had the same right denied in courts, mostly due to the lack of criteria to compensate the time lost due to acts attributable to suppliers. In this context, the research proposes a double criteria to pursue the adequate compensation for the time lost by consumer through the evaluation of supplier’s conducts. The study makes a distinction of consumer’s time and supplier’s time and defines the commercial practice entitled “planned disregard” as the abusive devaluation of time and the efforts made by consumers to achieve a successful conclusion to consumer contracts, mostly due to the lack of investments in efficient customer care services. This type of commercial practice violates the limits of good faith and represents an excessive advantage for the supplier, breaking the legal balance that the law establishes in consumer relations. The paper also approaches the legal duties of effective prevention and full redress of damages in Brazilian consumer law which are the legal tools to compensate the damage due to the loss of time suffered by consumers. Finally, it suggests how the members of the national consumer protection system, such as the regulatory agencies, civil entities, and the judiciary may contribute with structural processes to the prevention of undue loss of consumer time.