Corporations Aren’t People, Are They?
February 12, 2007 at 6:27 am | In ethics, halacha | 1 CommentRecently on Hashkafah.com, someone asked about how to get a cell-phone charge reversed. Another poster commented that it was unethical to try to get out of paying this charge, so long as the charge was honestly incurred. Accusations were hurled, but the long and short of it was this: though halacha may insist that we treat the unethical ethically, does halacha mandate that we treat companies like humans?
On the one hand, if ethics is a guide for our own behavior, why should it matter that we are interacting with a company and not a human? Why does the existence of an abstraction like a corporation change what’s expected of us as ethical humans?
Yet, as all of us who have been through a punishing round of “customer service” can attest to, dealing with a corporation can be tremendously frustrating. But it’s not the frustration that makes me believe that the rules should be different. It’s that the interaction between company and consumer has a very different set of rules that govern it, and these rules flow as much from the imbalance of power between the parties as from a desire to limit the context of the conversation solely to the business relationship.
I had an illuminating experience dealing with Citibank once. At the time I was poor, and lived month-to-month. Unexpected expenses were back-breaking, and I often needed to know exactly when checks would clear or expenses would be deducted. In a crunch, I received a check that I wanted to deposit, but I was concerned that the funds would not be made available immediately. I considered going to a check-cashing facility, but I knew that their fees were high, and I was only hurting myself in the long run by using them.
I decided to call Citibank and find out how quickly I would have access to my funds. Customer service explained to me that the first $100 of my check would be credited to my account instantly, and the rest would clear over the next few days. I was delighted! I went to the bank and deposited the check. Of course, no money was credited to my account, and I was forced to call customer service again.
After fighting through layer after layer of ever more demonic reps, I finally reached the top of the pyramid. I was informed by the person at the top of the pyramid that basically, nobody was empowered to make the changes to my account that I requested. Evidently, they were only empowered to promise results, not to achieve them. I could lodge a complaint, but only via snail mail. In other words, the entire customer service structure was set up to divert customers and frustrate them, not to resolve genuine problems.
I had a similar experience with Kitchenaid over a faulty stand mixer. Calls and complaints through customer service yielded no reasonable responses, and for months I was at an impasse. A friend advised me to write a letter to the CEO or other corporate official at Kitchenaid and see what might happen. I figured I’d try one more shortcut, and eventually found the email address for Kitchenaid’s brand manager at the parent company, Whirlpool. One well-worded email was all it took. The next day I got a phonecall and an offer to replace my mixer, completely free of charge. Customer service was simply not empowered to solve customer problems!
These experienced, de riguer when dealing with large corporations, are nearly non-existent when dealing with mom-and-pop shops. That’s not to say that privately-owned stores are giving away the farm; it’s that they never hide behind a corporate veil. When the owner of a store looks you in the eye and says “sorry buddy” to your request, you know that he’s not saying he can’t help you, he’s saying that he won’t help you. He’s not running from the confrontation, he’s meeting it head on, and paying the price of his choice. A corporation, on the other hand, is abdicating responsibility, or worse, actively attempting to keep you from speaking to anyone who could actually help you. How many of us have learned, when calling customer service, that the first question we need to ask is whether the person we are speaking to is empowered to resolve our issue?
There’s another aspect to this that further separates business dealing with a corporation from business dealings with an individual. If an individual is in business and doesn’t do well, he makes less money. The incentive to treat customers well is obvious and immediate. If a corporation loses money the impact of that loss is not felt quite as immediately. Employees get paid. Sure, they may also get fired if things are dire, but largely, a company absorbs the loss and carries on. This financial resiliency is crucial to our economic health, but it changes the context of our business relationships.
I think that two things underlie our halachic requirements to act ethically. First, it is our duty to God and to ourselves to act in a manner consistent with holiness, honesty, and a person seeking to be worthy of a personal relationship with God. But we are also charged to act ethically so that others will act ethically. We are meant not only to set an example, but to create expectations, to create a living context of ethical behavior.
When an individual acts unethically, we respond ethically to attempt to influence that person, to acculturate that person, to reinforce the importance of ethical behavior. It’s not as though we ignore the transgressions of the unethical actor! We apply whatever penalties might have been incurred. But we do not cheat them back, because to do so would be to accede to a world in which we all must cheat.
This reasoning does not hold true for corporations, because when we interact with customer service we are not engaging in a real form of communication. We are instead being funneled into a system that allows the corporation to choose what it wishes to hear and what it wishes to ignore. Our choice to be polite or impolite, honest or dishonest has little or no impact on the script that the service rep is reading.
So what’s the answer? Do we abandon business ethics and try to take what we think we deserve, perhaps by manipulating customer service scripts? Do we try and end-run around customer service like I did with Kitchenaid? Or do we take our business elsewhere and then badmouth the offending company to our friends and on our blogs? What do you guys think? What are the right ethics for dealing with corporations?
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Well, having worked as a CSR, you definitely have a point. the process is about providing the maximum _appearance_ of fairness, without actually doing _anything_ that significantly disadvantages the company.
We even had a dollars and cents figure of the maximum credit we could give a customer. We were told that after that point, it was not worth the company’s while to pay out to them _regardless of the facts of the case_.
And we were told of a clause in the contract to use to basically kick them off the line (and note in their file NOT to give ANY credit) if they wouldn’t accept a negotiation for less than this sum.
The sick part was this clause basically said “we will rule how we will rule, and if you don’t like it , you must go to arbitration” and guess what. The arbitrators were all internal to AT&T. There was no recourse to a court of law from their decision. we were told in no uncertain terms that no AT&T arbitrator will give _any_ money to a customer because _they don’t have to_.
The reason we were told was to spur us on by our compassion. To get us to go the extra mile to convince the customer to compromise since if the customer didn’t accept whatever deal -we- made with them as CSR’s, the customer would get totally swindled by the arbitors.
One of our instructors talked about a conversation with a _lawyer_ who after being pointed at just these clauses said “I can’t win, can I?”
So bear in mind I am in agreement with you that the CSR process is basically unjust and inequitable and designed to work that way _on purpose_.
However…all the same…I could only endorse “cheat them back” if it means the difference between not eating and eating (or going without clothing or shelter or something that could cost you your job like gas money)… _or_ you are in a society where there is no avenue for changing the laws that govern corporations.
(and there are ways to game the system and get a lot of things that aren’t technically cash but still have value)…
the point is that cheating them back _degrades our moral consistency_. We may say in our heads “well, really, I have a defensible reason to cheat them” but what sticks with us is the fact _we did it_.
We try to find cognitive continuity in our actions. If we cheat the companies, it is far too easy for the memory of doing this to skew our morals in future decisions. Because we have this huge urge to make anything we do _good_ and not just _marginally allowable_.
People don’t want to feel like they are borderline wrongdoers. And so they subsconsciously rewrite their history to bury “tortured decisions” and make them matter of fact decisions or even confident decisions of great certainty.
Living in a representitive democracy, we have an obligation to work towards pefecting the legal system. If we do not use that power for good, then we should have to live with the inconvenience and damage caused by our failure to remedy recognized problems.
The Noachide laws say that all human societies must establish a legal system. But what we have learned is that no legal system is “finished”. We will always have this fight between forces of corruption, complacency, and reform. If we try to duck out of this ongoing wrestling match to wrest good from imperfect humans, we default on a fundamental moral obligation.
Of course, one could argue if we are in a polity where laws can still be changed by the people. I would say its marginally still the case. But we’re getting close to the point where it’s not.
If that point is crossed, our first obligation, as far as I can tell, is revolution…or leaving that society.
Comment by Kendra — October 15, 2007 #