Ansatzpunkte für eine selbsthilfeorientierte Verbraucherberatung Ergebnisse einer empirischen Untersuchung

Zusammenfassung

Der Beitrag referiert die Ergebnisse einer Repräsentativbefragung zu rechtsrelevanten Verbraucherproblemen, den zu ihrer Lösung unternommenen Aktivitäten sowie den Vorstellungen, wie die Verbraucher in Zukunft vorgehen wollen.

Anknüpfend an dieses Aktionspotential, das problembereichs- und schichtenspezifisch analysiert wird, werden Möglichkeiten diskutiert, Selbsthilfepotentiale bei bestimmten Verbraucherproblemen und Verbrauchergruppen zu mobilisieren. Unter dem Leitbild eines »mündig sich wehrenden Verbrauchers« versucht der Beitrag die These zu begründen, daß Passivität und Individualismus gerade bei unteren Verbrauchergruppen erfolgreicher als bisher abgebaut werden kann, wenn Rechtskenntnisse nicht so sehr als Zugangsvoraussetzung zur Justiz, sondern für die tatsächlich durchführbaren außerrechtlichen Verhandlungs-, Forderungs- und Kampfprozesse bereitgestellt werden.

Abstract

The article reports from a study of 835 Berlin citizens, in which their needs for legal counselling in five walks of life were ascertained. Subjectively experienced problems were related by the respondents, both spontaneously and as answers to a standardized questionnaire; in the same manner, the investigators tried to find out in which way, if any, the respondents had tried to solve the problems. In this paper, only some results from the questions dealing withconsumer problems are reported.

Among the results of the study can be mentioned:

• -Many more problems are reported for consumer durables than for insurance, holiday travel, and consumer credit (although when a problem arises in the latter spheres, they give rise to much concern). Doctors and consumer services (in particular, car repairs) show rather high problem rates, too;

• -Most problems have to do with perceived deficits of the delivered goods and services (rather than with the activities of the seller);

• -About 26% of the respondents explicitly stated that they had undertaken nothing by way of remedying the problem. The tendency to do nothing about it is clearly related to income (low income = proneness to do nothing). The relationship with education is less clear-cut.

• -In particular, those persons who had resorted to legal counselling as a means of solving their problem, were very satisfied with this, and planned to use the method again if need arose. Contacts with the seller were less favourably evaluated as a problem-solving means. Also those who had not undertaken any action in order to solve their problem, state to a surprisingly high degree that they plan to use legal advice (lawyers, consumer advice centres, courts) the next time a problem arises. Plans to use legal counselling are mentioned by many more than have used them in an actual conflict, and these intentions do not differ dramatically among different social classes.

• -Very few respondents (3%) report the use ofcollective action in attempts to solve their problem, but considerably more (15%) indicate a desire to solve future problems together with other consumers who find themselves in an similar situation.

On the basis of the results of the study and theoretical considerations, the authors draw the following conclusions:

• 1. A public consumer policy which entails the goals of consumer co-determination and self-reliance is more likely to succeed if it relates to deficiencies of goods and services perceived by the consumers. Consumer counselling should therefore change its focus from giving advice prior to decisions to giving advice about how to solve post-purchase problems.

• 2. Because of consumer expectations, consumer guidance must include legal counselling. It should not be limited to such counselling, however, since most consumer problem alleviation takes place outside the legal system.

• 3. Legal counselling should primarily aim at strengthening the position of the consumer innon-legal problem-solving attempts. Knowledge about the legal position is important because it gives self-confidence and increases the perceived rightfulness of one's concern. It creates the awareness that the problem is not an individual and rare one, and may give impetus to collective action. It makes it possible to see how one's problem is connected to other, related problem types. It strengthens the consumer's feeling of possessing negotiation power, since he can threaten with legal action, in case the seller does not yield, and it makes it possible for the consumer to specify minimum requirements in his dealings with the seller.

• 4. Legal counselling that has as its only purpose the securing of consumer rights throughlegal procedures, puts the consumer under tutelage and runs the risk of becoming an instrument which isolates consumers from each other and make them incapable of solidarity with fellow citizens.

• 5. Consumer counselling should as its starting-point take the problem-solving procedures usually employed by consumers (direct contacts with the seller, seeking advice from friends and colleagues) and attempt to make these procedures more efficient. The declared preparedness of consumers to consider collective actions should be put to use.

• 6. Consumer counselling should not address itself to specific, “weak” consumer groups (old people, low-income groups, non-employed women) but should in the first place concentrate its attention on those kinds ofproblem situations (certain types of goods and services, certain types of confrontations with sellers, etc.) in which such especially vulnerable consumers find themselves.