EU has done really well on passing big laws such as GDPR in the recent years, while the US can’t even seem to decide whether to fund their own government. Why do you think Europe is doing better than the US? One would think that since EU is more diverse it would be harder to find common ground. And there were examples of that during the Greece debt crisis. But not anymore, it seems.

  • Don_alForno@feddit.de
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    1 year ago

    The US is much better w.r.t court actions. Court cases are cheap & easy to open. When you win, the loser pays the legal costs.

    Not generally, no.

    • ciferecaNinjo@fedia.io
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      1 year ago

      Nonsense. Of course it is. I’ve sued several corporations in the US. It’s trivially easy. Fill out a form, submit with $50—90 in fees, get those fees back when you win (and you win by default if the other party does not show up). I even sued a major bank for under $70 once. Won, got awarded court fees, and got paid. It was simple. It’s even standard on the court complaint form to ask for interest compensation for the duration of the dispute & that’s typically awarded as well. No case is too small or too big to get a remedy in the US. I’ve tested this in two different states.

      Getting remedies like this is impossible in Europe. European courts are useless for any case under €10k. I’ve been ripped off by rogue contractors & others in amounts of ~€3k-7k. Had solid evidence but the court system is designed to penalize everyone involved. If you have a case worth less than €10k in Europe, your best move is to eat the loss and forget about court. Take it on the chin because you’ll lose even more if you chase it. Under €10k you can get what Europeans call a “cerimonial win”, where the judge says your right, but your costs still match or exceed the amount of the dispute.

      There’s also an upper limit in Europe. Class action lawsuits→ non-existent.

      I’ve been ripped off in both continents several times. In the US I always get a remedy via various different channels, some of which work before things even get to court. In Europe I always have to eat the loss. Exceptionally I had one court case in Europe, won, but still had to pay for my own registered letter expenses despite the fact that the wrongdoing by the other party was what forced me to send reg’d letters. Legal advisors told me even though the judge agreed with me in the verbal judgement, I would likely have to pay all the court costs when the written judgement arrives (as a winning defendant!). I got lucky and the plaintiff had to cover the court costs in my case. This is somewhat exceptional.

      • Don_alForno@feddit.de
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        1 year ago

        Nonsense. Of course it is.

        The losing party does not automatically pay the winner’s costs in the USA.

        The American rule (capitalized as American Rule in some U.S. states) is the default legal rule in the United States controlling assessment of attorneys’ fees arising out of litigation. It provides that each party is responsible for paying its own attorney’s fees,[1][2] unless specific authority granted by statute or contract allows the assessment of those fees against the other party.

        • ciferecaNinjo@fedia.io
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          1 year ago

          Ah, that’s interesting. My cases were pro se so I had no lawyers fees. The costs of filing the court case and serving the defendant were always covered by the loser in my cases.

      • ciferecaNinjo@fedia.io
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        1 year ago

        My European lifestyle differs from that of the US largely because of Europe’s lack of remedies for individuals who are damaged. In the US you can fearlessly enter contracts & loosely buy any product/service you want because consumer protections are far superiour for consumers who are willing to take action.

        Europe’s style of consumer protection ignores the individual. If many consumers get burnt/scammed by the same supplier, regulators will take action on behalf of the people if there’s sufficient critical mass of people affected. And when a fine hits, the victims still get no compensation – just satisfaction of knowing the baddy was corrected. More commonly you get burnt in a one-off transaction in which case you’re a neglegible case.

        This means I’m incredibly cautious about who I do business with in Europe. I do not front money to contractors. If a deal seems too good to be true, I walk. When there is no confidence in consumer protection, fewer transactions happen. And now that I see how unenforced the GDPR is, I distrust data controllers with my data and often opt not to transact at all for that reason.