I'm going to try and tackle topics which interest me as soap box items. Hopefully our forum participants find these topics as interesting as I.
We have seen various unhappy customers come here into the forums to make a complaint, and pretty quickly start making legal threats and threats of lawsuits. In this forum topic I will discuss why these threats are ineffective, and some better approaches to achieving one's desired results.
When a threat is made (this applies to any threat), one of three pieces of information is being imparted to the parties involved in the conflict. The person making the thread doesn't want to execute the threat, can't execute the threat, or is ignorant to the complexities of executing the threat. Details follow about each of these three data points.
- The person making the threat doesn't want to execute the threat. If the person wanted to do something, he/she would just do it. Because he/she isn't just doing it, only threatening, he/she is hoping that the relative cost of executing the threat is perceived to be less for him/her than it is for this/her adversary, and is hoping that the costs can be avoided entirely.
- The person making the threat can't execute the threat. The person is in fact powerless, but is making an effort to get a result in spite of being powerless. In essence, he/she is bluffing.
- The person is ignorant of the complexities of executing the threat. Without any knowledge, the person goes off half-cocked and starts throwing threats left and right because they don't really understand the commitment required to execute the threat. This is the weakest position to be in should the adverse parties realize the threat is made from a position of ignorance.
The power of a threat comes from two sources: A perception that the party is willing to execute the threat and a perception that the relative cost of execution will be less for the party making it than for the party being threatened. If either of these perceptions work against the individual making the threat, then there is no power and influence.
There is a third item that gives a threat power, which is often misunderstood. If a threat has any power, that power only exists prior to its execution. Once executed, the threat loses all power and is no longer a factor. The power of influence moves away from the "threat" and moves to the act itself. By executing the threat, you've traded your ability to influence the outcome during "negotiations" (when talk is inexpensive) to a phase where influencing the outcome comes with direct costs and consequences.
Coming into these forums and throwing a lawsuit threat into a conversation early is a sign of desperation, weakness, and inflexibility. DJI is the largest consumer drone company in the world. The terms and conditions and licenses to which you agreed when you activated your drone gives the company a pretty good position. They know the risks of giving flying Cuisinarts to the general public. They have taken steps to protect their company. Read your terms and conditions, you will find that you "signed" away your rights to sue or to be a party of a class action lawsuit (p.s. you can always sue, no matter what the contract says, you've only weakened your starting position by signing the contract, you have never really given it up).
Another factor working against the threat is that you are not working with (talking directly to) any of the board of directors. You are working with our moderators. To a moderator on this board, a threat of a lawsuit is an abstract concept. A threat is far less powerful when it is in abstract. It's one thing to hear about how your neighbors were threatened. It's entirely another thing to be personally threatened or have your family threatened. Your reaction is pre-programmed (thanks again Darwin). An abstract threat is not going to have much influence on our moderators. In abstract, they know that any pain inflicted on the company could impact them, but the threat is not directly tangible.
Finally, our moderators are NOT interested in screwing you. They really do want to achieve a balanced result which satisfies the company and consumer. Sometimes this is to the entire satisfaction of the consumer, sometimes it's not. In cases where it's not to your satisfaction, they aren't happy about it. They are not throwing a party because of your pain and misery.
The best way to come to a satisfactory conclusion is to help them help you. They cannot guarantee your happiness or a satisfactory conclusion, but they will guarantee that if you work with them, they will try. Use this. Give them positive reasons to be vested in a positive outcome to your situation.
If in the end you feel that you have no choice but to resort to legal action, it will be a more meaningful and powerful statement when you have exhausted your other possibilities.
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