The Truth About Forced Arbitration -- the real story emerges from data from the arbitration companies themselves
Forced arbitration is a rigged system designed by corporations in which injured workers and consumers have no meaningful chance of finding justice.
Forced arbitration requires Americans to “agree” to surrender fundamental constitutional rights – often without ever realizing they’ve done so.
When corporations harm workers and consumers by cheating, stealing, or even breaking the law, cases that should be heard by a judge or jury are instead funneled into a secret system controlled by the wrongdoers in which there is no right to go to court, no right to a jury, no right to a written record, no right to discovery, no transparency, no legal precedents to follow, no opportunity for group actions when it would be too difficult or costly to file a claim alone, no guarantee of an adjudicator with legal expertise, no transparency, and no meaningful judicial review. Without such checks and balances, the deck is stacked heavily against workers, patients, and consumers, and systemic misconduct is allowed to continue in secret.
Forced arbitration’s proponents counter that the process is faster, fairer, and better for workers and consumers than going to court. However, this comprehensive analysis of the self-reported data provided by the arbitration organizations makes clear that forced arbitration is not an alternative judicial process, but instead eliminates claims, immunizes corporations, and allows abuse, discrimination, fraud, and essentially all other corporate wrongdoing to go unchecked.
Americans are more likely to be struck by lightning than they are to win a monetary award in forced arbitration.
Click on the image to get a copy of the full report or download it here.
Wells Fargo tries to send Innocent Pastor to Jail, Then Insists Pastor Should be Forced to Arbitrate Claims Against Wells Fargo
If there was ever a case that showed exactly how forced arbitration encourages and promotes corporate misconduct and arrogance, this is it. A pastor wrongly accused of theft because of Wells Fargo's screwup simply asks for an explanation and for Wells to pay his legal fees, fees he was forced to incur solely because of Wells and its screwup.
Wells tells him to go fly a kite, "apologizing" but refusing to cover his legal bills. And now Wells is trying to hide the case behind the stone wall of forced arbitration, where the judge of the case (the private arbitrator) is literally on Wells Fargo's payroll.
Starting in the 1970s, a series of radical decisions by the US Supreme Court tossed out the 70 years of precedent barring forced arbitration in employment and consumer cases. Since then, we've seen the entire civil justice system in America has essentially been gutted by these forced arbitration clauses in consumer and employment cases. Corporations use these clauses to cover up when they lie, cheat and steal, and arbitration protects outrageous criminal conduct by corporations by keeping others harmed in the same ways of having any ability to even know that others are fighting the same fight.
Forced arbitration is the end of any concept of Equal Justice Under Law in America, and its use is a huge part of the reason that while most Americans are struggling to keep up, the richest of the rich are becoming even richer without bounds.
Good Washington Post Article on How Car Dealers Rip You Off with Financing
Ian Ayres is the William K. Townsend professor at Yale Law School.
As websites such as Cars.com and TrueCar have made car pricing more transparent, auto dealers have turned to boosting their profits with hidden fees on loans.
When a consumer chooses in-house financing with an auto dealer, the dealer sends the customer’s financial information to a lender and is told the rate that the customer qualifies for. But it’s legal for the dealer to turn around and charge the customer a higher interest rate. You might qualify for a 5.9 percent interest rate, but if the dealer can get you to agree to a loan at 11 percent, the lender will kick back more than $1,000 to the dealership as pure profit. This discretionary markup of the interest rate allows auto dealers to arbitrarily increase their fees.
An analysis by the independent online auto-loan marketplace Outside Financial has found that dealers are charging an average markup of $1,791 per loan. By contrast, in 2003, Vanderbilt University economist Mark Cohen estimated that 10 percent of loans to Nissan’s borrowers were marked up more than $1,600. Now the average loan is boosted more than that.
. . .
Economists have had evidence for decades that car dealers tend to charge minorities higher prices. A series of studies I authored and co-authored in the 1990s found that auto dealers consistently charge black consumers prices that are hundreds or thousands of dollars more than their offers to white shoppers. These inflated prices can more than double the dealer’s profits compared with selling the same vehicle to a similar white customer.
. . .
The CFPB and other government agencies should be on the lookout for ways to better curtail dealership lending abuses. Yet instead of stepping up enforcement and protecting customers, the CFPB has rolled back rules on discriminatory lending practices and decreased enforcement of existing protections. Just last year, the Senate used the Congressional Review Act to overturn a CFPB rule that explicitly banned auto lenders from charging discriminatory fees on the basis of race. . . .
There are no “quick fixes” to clean up your credit
Mortgage Closing Scams: How to protect yourself and your closing funds
By Melissa Yu – JUN 03, 2019
Your Mortgage Closing Checklist
Closing is one of the most important stages of buying a house. Learn how to prepare and what to expect so you can close with confidence.
Closing on a new home can be one of your most memorable life moments. It’s the final and one of the most critical stages in the home-buying journey, but with the exchange of key paperwork and a sizable down payment, it can also be a stressful experience, especially for first-time homebuyers.
The FBI has reported that scammers are increasingly taking advantage of homebuyers during the closing process. Through a sophisticated phishing scam, they attempt to divert your closing costs and down payment into a fraudulent account by confirming or suggesting last-minute changes to your wiring instructions. In fact, reports of these attempts have risen 1,100 percent between 2015 and 2017, and in 2017 alone, there was an estimated loss of nearly $1 billion in real estate transaction costs.
While it’s easy to think you may not fall for this kind of scam, these schemes are complex and often appear as legitimate conversations with your real estate or settlement agent. The ultimate cost to victims could be the loss of their life savings.
Here’s what you should know and how to avoid it happening to you.
How it works
Scammers are increasingly targeting real estate professionals, seeking to comprise their email in order to monitor email correspondences with clients and identify upcoming real estate transactions. During the closing process, scammers send spoofed emails to homebuyers – posing as the real estate agent, settlement agent, legal representative or another trusted individuals – with false instructions for wiring closing funds.
How to avoid a mortgage phishing scam
What to do if it happens to you
While it can be easy to think you’ll never fall for a scam of this nature, the reality is that it’s becoming more and more common, and the results can be disastrous for eager homeowners. By being mindful and taking a few important steps ahead of your closing, you can protect yourself and your loved ones.
To learn more about the closing process, including how to prepare for your closing and common pitfalls to avoid, check out our Mortgage Closing Checklist. For information and resources for the each stage of the home-buying journey, visit the Bureau’s Buying a House tool.
The resources on mortgage closing scams are part of the Consumer Financial Protection Bureau’s work to protect consumers from unfair, deceptive, or abusive practices. We arm people with the information, steps, and tools that they need to make smart financial decisions.
Secretary of State
255 Capitol St. NE, Suite 151
Salem OR 97310
Contact: Corporation.Division@oregon.gov | 503-986-2200
Public Service Notice
Don’t be misled into wasting your hard-earned money!
Solicitation can easily be mistaken for official correspondence from the State of Oregon.
Your business is not currently due for renewal but will be in about 10 to 12 weeks.
The annual report fee for Oregon LLC is only $100.
Oregon Secretary of State Corporation Division wants to inform you about a questionable solicitation entitled “2019 – Annual Report Instruction Form."
Sent by Workplace Compliance Services – a private, for-profit, out-of-state company – the solicitation offers to file your Annual Report for an extra $85 “processing fee,” which is not required under Oregon law.
Official Annual Report notices or forms from the Secretary of State will always include the following:
1. The State of Oregon official state seal.
2. The Corporation Division address, 255 Capitol St. NE, Suite 151, Salem, OR 97310.
3. The Corporation Division phone number, 503-986-2200.
Additionally, the outer envelope will specify the mailing is from the “Secretary of State – Corporation Division.”
If you’d like to know when your Annual Report is due to be filed with the Secretary of State, visit sos.oregon.gov/bizsearch. We send a reminder via postal mail approximately 50 days before an Annual Report is due. The easiest way to file an annual report or to renew a business is through our online services at sos.oregon.gov/renew.
If you’re uncertain whether a solicitation is legitimate, call the Secretary of State Corporation Division at 503-986-2200 or check our Alert web page.
Oregon Secretary of State
Crowdfunding is great as long as everyone's honest.
The problem is that, with the internet,
EVERY CRIMINAL IN THE WORLD IS JUST ONE CLICK AWAY FROM YOU.
In other words, crowdfunding makes it impossible for you to do the normal kind of verification you would do if you met someone in your own town who pitched a new idea and investment at you. Every smooth talking scammer who can buy or hijack a website can appear to be 100% legit, thanks to the magic of the Interwebs.
You should think of crowdfunding as a form of gambling and, as with any gambling opportunity, don't invest money you can't afford to lose.
Avoid crowdfunding scams
FDIC Consumer News: Protecting Seniors from Financial Abuse
Growing wave of Social Security imposters overtakes IRS scam
John Gear is a Salem attorney in solo practice
LAWYERLY FINE PRINT:
John Gear Law Office LLC and Salem Consumer Law; John@JohnGearLaw.com and SalemConsumerLaw.com. My office is in Suite 208B of the Security Building in downtown Salem at 161 High St. SE, across from the Elsinore Theater, a half-block south of Marion County Courthouse, just south of State Street. There is abundant, free 3-hour parking on my block and throughout downtown Salem, and three free parking multi-story parking ramps in downtown Salem as well.
I am only licensed to practice law in Oregon. This site may be considered advertising under Oregon State Bar rules. I don't give legal advice on this site; don't interpret anything you read here as intended for your particular situation. Besides, I'm not your attorney unless we have met in person and you have hired me by entering into a representation agreement with me. While I do want you to consider me when you seek an attorney, you should not hire any attorney based on brochures, websites, advertising, or other promotional materials. All original content on this site is Copyright John Gear, 2010-2019.