Third-party Complaint Research Articles

Japanese hypothetical enactment as a response to third-party complaint

Abstract This study examines Japanese enactment, an interactional phenomenon wherein participants in conversation act out themselves or others by utilizing specific designs of lexis, grammar, and prosody, as well as body movements. While these enactments can often be observed when a speaker depicts what someone said, did, or thought in the past, this article explores hypothetical enactments. Unlike enactments that are designed as representing real utterances and/or body movements performed in the past, hypothetical enactments are designed with linguistic and contextual features that indicate that they are fictitious. The data were drawn from a collection of video-recorded ordinary conversations in Japanese. Employing Conversation Analysis as its analytical framework, this study focuses on how Japanese speakers use hypothetical enactments to respond to co-participants’ complaints about a third party who is absent from an ongoing here-and-now interactional site (i.e., third-party complaints). The findings reveal that complaint recipients may produce hypothetical enactments as jokes or advice. When complaint recipients provide hypothetical enactments as jokes, they depict an improbable situation sarcastically. When complaint recipients provide hypothetical enactment as advice, they often demonstrate taking an alternative approach toward an antagonist. These enacted hypothetical scenarios may or may not be collaboratively extended by other participants, depending on how those participants treat the proposed scenarios.

Interactional management of face-threatening acts in casual ELF conversation: an analysis of third-party complaint sequences

AbstractThis paper investigates how English as a lingua franca is used to manage adversarial moments in casual conversation among friends, using conversation analysis and politeness theory. It presents a single case analysis of face negotiation devices utilized in two cases of third-party complaint sequences, in which complaints are made about someone else who is not present. The two cases to be analyzed were extracted from recordings of conversation of international students in British universities. The analysis revealed that the interactants utilize verbal and nonverbal devices, which are sometimes linguistically inexplicit but nonverbally resourceful, in a pragmatically sensitive manner in situ, thereby saving mutual face, intensifying the degree of face-threatening, or expressing disaffiliation in a face-saving way.

Religious Accommodations for County Clerks?

Rowan County Clerk Kim Davis engendered considerable controversy after she instituted a “no marriage licenses” policy to avoid facilitating the marriages of same-sex couples in conflict with her religious beliefs. Federal District Court Judge David L. Bunning has been overseeing this dispute, which has included intermittent appeals to the Sixth Circuit, and even the United States Supreme Court. What is the basis and strength of her religious freedom claim? Is the only solution to the conflict between her sincerely held religious beliefs and the right of same-sex couples to marry for Davis to resign from her position as county clerk? The likely answer is yes.Davis has used religious freedom arguments to be exempted from issuing same-sex marriage licenses and certificates. She has argued she should not be held in contempt for disobeying a federal court’s order to issue marriage licenses and certificates because her refusal is based on sincerely held religious beliefs. She has also filed a third-party complaint in federal court against Kentucky Governor Steve Beshear and Commissioner Wayne Onkst seeking primarily an exemption under state law from issuing marriage licenses and certificates in conflict with her religious beliefs.Part I of this article places Davis’ legal claims in historical context. Part II discusses the strength of her religious freedom argument. Part III concludes by suggesting how these kinds of claims should be considered in the future. While Davis may have a cognizable claim that her religious freedom is “substantially burdened” by issuing marriage licenses and marriage certificates, it may not be possible for a court to fashion an accommodation under state religious freedom law without unconstitutionally demeaning the marriages of gay men and lesbians.

A Measure of Consumer Complaining Behaviour in Service Industry

Consumer complaints are reflection of mistakes committed by the service provider. These help to show a mirror to the organization indicating the reality of the situation, which can be used to handle displeased customers. Service providers these days are focusing on providing easy and varied ways, through which people can represent their problems. It is imperative to keep hold of existing customers, considering the cost of acquiring new customers and competitiveness in the market. This study aims to check the reliability and validity of the construct of consumer complaining behaviour (CCB), from the perspective of the Indian service industry, especially banking, telecom and insurance. A total of eight factors, namely, redress-seeking complaint, friendly complaint, opportunism, third-party complaint, word-of-mouth complaint, switching, loyalty complaint and neglect, have been taken to develop scales in order to collect data from 180 customers by using the critical incident technique (CIT). Various tools of reliability and validity were applied on the collected data. Results revealed an adequate fit of the theoretical model proposed, by satisfying all the criteria of reliability and validity (content, convergent and discriminant). This construct can be used by marketers and researchers to understand various consumer dissatisfaction responses given in different industries. This paper is first of its kind, which has taken all the factors together and validated the construct in the Indian context.

I complain for your good? Re-examining consumer advocacy

Marketplace helping behavior such as opinion leadership, market maven, and purchase pals that benefit others has been extensively studied. A diverse but similar to other marketplace helping behaviors is the concept of consumer advocacy. Extant review of literature reveals that customer advocacy and consumer advocacy are conceptually different. The former is an organization level construct, and the latter is an individual consumer's ‘generalized tendency to share market information’. It is argued that a following dissatisfactory service encounter, consumer advocates would indulge in market placing helping behavior such as negative word of mouth to prevent other consumers' from having similar marketplace disappointments. Hence, prior studies link consumer advocacy to ‘altruistic tendencies’. On the basis of self-construal theory, this study investigates the motivations for consumer advocacy. Using a scenario-based experimentation implemented in survey method; we establish that consumer advocacy is motivated by an amalgamation of altruism and self-interest. We also operationalize third-party complaint construct and empirically test whether consumer advocacy is a predictor.

Managing social media crises with your customers: The good, the bad, and the ugly

Social media (SM) are transforming the ways in which customers communicate with firms following service failures. While there is a positive side to this phenomenon, there is also a negative side, which can lead to serious social media crises. In light of this duality, the current article addresses the good, the bad, and the ugly uses of SM in the customer complaining process. Herein, we identify six different types of SM complaining situations. The good represent opportunities: (1) when customers complain to the company online immediately after a first-service failure, or (2) when consumers publicize extraordinary recoveries. The bad involve risks: (3) when customers discuss a failure without complaining to the firm, or (4) when consumers reach out to online third-party complaint intercessors. The truly ugly represent the peak of online threats and public crises: (5) when customers spread negative publicity through user-generated content SM following a double deviation, or (6) when competitors respond to this content to steal customers. As a takeaway for managers, we formulate specific recommendations to deal with each type of online complaining.

Consumer Religiosity: Consequences for Consumer Activism in the United States

In recent times, organizations have experienced consumer backlash as a result of decisions to support controversial causes. To date, little research has attempted to explain consumers’ negative response as a function of religion. This study addresses that gap in the literature and examines consumer religious commitment and Christian consumers’ conservative beliefs in the United States as motivating factors for consumer activist behavior and boycott participation. Findings from a national sample of 531 consumers suggest that consumers evaluate seller’s actions and form ethical judgments. These judgments are a major explanatory variable in consumers’ voice complaints, third-party complaint intentions, and boycott intentions.

Reversal of Fortune?

In spring 2000, Angelo Calabrese's school district in Amherst, Ohio, determined that he was eligible for special education services based on diagnoses of a specific learning disability and AD/HD. In 10th grade (2004-05), Angelo had an excessive number of absences and tardies, and he failed to hand in or complete several assignments and tests. He failed various courses. Yet, he passed the statewide assessments in reading, science, and math. In 11th grade (2005-06), his problems, including poor attendance and failing grades, worsened. On July 3, 2006, his mother, through attorney Donald R. Menefee, filed for a due process hearing. She alleged that the district had failed to provide Angelo with a free appropriate public education (FAPE), but her complaint did not specify any particular shortcoming in Angelo's IEPs. She sought reimbursement from the school district for tutoring expenses during grades 5-10 and compensatory placement, with transportation, for a private school. On August 24, the district extended a formal offer of settlement consisting of two years of private school tuition, but Calabrese, through Menefee, rejected it and advanced a counteroffer that included attorneys' fees. The district declined. But on August 31, the district made a second offer, adding transportation to and from the private school and 50 hours of after-school or weekend private tutoring to allow Angelo to make up lost credits. On September 6, Menefee rejected this offer, contending that it wasn't enough to ensure Angelo's graduation The hearing officer conducted two sessions. He limited Calabrese's claims to the IEPs for 10th and 11th grade, based on the two-year statute of limitations in the 2004 amendments of the Individuals with Disabilities Education Act (IDEA). Calabrese presented no evidence of her tutoring expenses or of any procedural violations by the district. In her testimony, she offered only Angelo's failing grades as purported proof of the denial of FAPE. Calabrese's only other witness was the admissions director of a private school to which Angelo had not applied. The hearing officer ruled that Calabrese fell far short of meeting her burden of proof, and he denied all her requested remedies. In January 2007, Calabrese appealed to the state-level review officer. Noting that she had failed to question any of the hearing officer's findings of fact and that she had failed to provide any evidence that the IEPs in question were inappropriate, the review officer affirmed the hearing officer's decision. Calabrese declined to seek judicial review. However, on March 29, 2007, the school district filed suit against Calabrese and Menefee for recovery of its attorneys' fees, which is allowed by a provision in the 2004 IDEA amendments. The district alleged that it had spent more than $35,000 in attorneys' fees in this case. Menefee first requested a 30-day postponement to file his answer. Two weeks after the deadline, he filed for an additional continuance. Menefee also failed to comply with that deadline, and he did not attend a case-management conference that the court scheduled. Menefee then filed for another continuance, and he finally filed his answer on the last day of this new deadline. However, his answer failed to comply with the Federal Rules of Civil Procedure, which required him to address each of the district's specific allegations. The district moved to have the court recognize that Menefee, by failing to respond, had admitted each of the district's allegations. After another late and incomplete response from Menefee, the court granted the district's motion. On October 11, Calabrese, with a new attorney, filed a cross-claim against the district and a third-party complaint against Menefee. On February 18, 2008, the district moved for summary judgment. Menefee failed to file a timely opposition to this motion. On February 29, the district moved to dismiss Calabrese as a defendant. …

Juggling Conflicting Demands: The Case of the UK Financial Ombudsman Service

This article builds upon current scholarship regarding regulatory enforcement to analyze and theorize the little-researched context of public bodies' handling of consumer complaints against firms. The analysis is based on a case study of the Financial Ombudsman Service (FOS), which is a British public agency that handles consumer complaints regarding the retail selling of financial products. The study documents and seeks to explain the FOS' and firms' interaction and their choices between cooperative and adversarial strategies. It finds that the FOS' interaction with firms oscillated between cooperative informal conciliation and adversarial standardized determination of complaints. Firms resisted informal conciliation of complaints when concerned that their agreement to redress an individual complainant might be interpreted by the regulator (the Financial Services Authority), or the media, as entailing compensation awards to a large number of other customers in similar circumstances. Equally, the ombudsman was inclined toward an adversarial, precedent-bound approach to complaints when facing external risks to its autonomy and reputation. These findings form the basis for the formulation of hypotheses regarding the strategic interaction of other third-party complaint handling schemes with both private and public service providers. Furthermore, the findings stress the importance of analyzing regulatory encounters as multiactor games in which firms and regulators interact amid conflicting demands and uncertainties posed by other actors and institutions in their environment.

A denunciação da lide nas ações indenizatórias contra médicos

It is not at all rare that the use of the established laws of third-party complaint in action for damages, where the accountability on services rendered by physicians is discussed is carried out inadequately and misinterpreted in its principles and legal nature. When joining an ongoing litigation that was previously established between the consumer and the legal entity rendering medical services, the physician while impleaded party will face two different discussions, i.e., fortuitous vices concerning the medical service, that is being discussed in the original suit, and also the nature of the legal relationship with the accuser . The presentation of allegations of such nature may jeopardize the interests of the pleader, and confront the inherent prohibition contained in the legislation on consumers. The analysis of decisions pronounced in the Courts leads to an understanding of the irrelevance of the established laws of third party complaint in action for damages based on civil accountability while rendering medical services.

Consumer complaints and redress: an important mechanism for protecting and empowering consumers1

This paper explores a consumer complaint programme as a tool for empowering consumers, using the consumer complaint programme of a United States federal agency as a case study. After describing the structure and role of the Federal Reserve System (the central bank of the United States) in handling complaints, the paper follows a complaint through the System, looks at trends in complaints and provides a profile of consumers who complain. The paper concludes with information on the economic impact of complaint resolution and consumer satisfaction with third-party complaint investigation.

Consumer Response to Unsatisfactory Purchases: A Survey of Perceiving Defects, Voicing Complaints, and Obtaining Redress

A survey of consumer reactions to common purchases was conducted in 1975. Consumers perceive problems with many products and services, and voice complaints concerning about one-third of those problems. Third-party complaint processors play a very small role in buyer-seller disputes. Household status and type of problem influence perception of problems and choice of action or inaction. Satisfactory resolutions occur in somewhat more than half of voiced complaint cases. To increase voicing and fair handling of complaints, procedural changes at the buyer-seller level are suggested; to improve treatment of complaints that are not resolved at the buyer-seller level, improvements in community small claims courts are suggested.

Settlement of Original Action Does Not Divest Federal District Court of Ancillary Jurisdiction over Third-Party Complaint

Settlement of Original Action Does Not Divest Federal District Court of Ancillary Jurisdiction over Third-Party Complaint

Federal Procedure. Dismissal of Third-Party Complaint Not Appealable When District Court Makes no Express Determination That There Is No Just Reason for Delay and Does Not Expressly Direct Entry of Judgment on the Third-Party Claim

Federal Procedure. Dismissal of Third-Party Complaint Not Appealable When District Court Makes no Express Determination That There Is No Just Reason for Delay and Does Not Expressly Direct Entry of Judgment on the Third-Party Claim