Outstanding New York Times exposé:
Wells Fargo’s legal success shows the overwhelming power that arbitration clauses have in shaping disputes between everyday Americans and huge corporations.
Since a pair of Supreme Court rulings in 2011 and 2013 allowed for the widespread use of arbitration, companies have had great success enforcing these clauses.
Adding insult to injury, criminal Wells Fargo uses forced arbitration to defeat justice and prevent accountability
Read the Awful Reality that hides beneath the blizzard of utter BS that Big Banks and other businesses pump out about the "advantages" of forcing you out of your Constitutional right to have your day in court
Saw a great quote today from a hero of the law:
Chamber Watch released a new report on Chamber of Commerce litigation.
Great article by a young advocate for good public policy, Ted Boettner, who is the executive director of the West Virginia Center on Budget and Policy:
Forced arbitration pushes consumer claims out of court and into a secretive, rigged system where the corporation gets to pick who decides the case and which rules apply. Studies show companies win in arbitration 93 percent of the time –
Amazing comment at the end of a story about the proposed federal rule forbidding nursing homes and assisted living facilities that take federal money from forcing residents to give up their Constitutional right to bring a claim before a jury of their peers in the courts:
Jeffrey Dunn, an attorney at Missouri firm Sandberg Phoenix, who represents long-term care facilities across the Midwest, predicts that the new rule will cause many long-term care firms to stop using arbitration agreements for fear they will no longer be able to participate in Medicare and Medicaid.
Hmmmm, plaintiffs' lawyers -- the lawyers whose only duty is representing the resident client's interests (or the surviving family members) and who only get paid if they can prove to a fair and impartial jury that the nursing home or care facility mistreated the resident -- "like to be in civil court."
Why is that, do you think?
If arbitration is as wonderful as the people trying to force it on you say, then ask yourself:
Why do they have to force it on you?
Getting people to agree to arbitration after a dispute arises should be a piece of cake if ANYTHING the nursing home industry says about it is true.
But it's not. Not a single bit.
And that is 100% of the reason that these industry hacks push forced arbitration - because they know that forced arbitration is a surefire way that they can continue to conceal patient abuse and harm and keep making profits on the backs of neglected and abused residents. It is a systematic way to avoid accountability and to safeguard the profits of the corporations running these places by sacrificing the public's ability to see into the conditions that they subject residents to.
September 28, 2016
CarMax -- the largest retailer of used cars in the nation -- continues to sell unsafe recalled vehicles, deceptively advertised as having passed a rigorous "125+ point inspection" and qualifying to be sold as "CarMax Quality Certified" vehicles, without bothering to get the lethal safety defects repaired first.
Great story in "The Hill" about the one weird trick that corporate criminals like Wells use to cover their tracks . . . a very common trick consumers must know how to spot!
Wells Fargo's scandalous practice of secretly opening more than 2 million sham deposit and credit card accounts dragged on for at least five years.
The Los Angeles Times also has an excellent piece
"Even in fraud cases, Wells Fargo customers are locked into arbitration"
on the absurdity of forcing crime victims into arbitration with the wrongdoer, updated because of the latest revelations about the huge scale of Wells Fargo's racket.
For more information, contact Amanda Werner,
BALDLY ADMITTED: Why businesses want consumers and employees forced into arbitration (Answer: Because it's a stacked deck against consumers and employees, and businesses know it.)
In this this recent Orange County Register article about California’s equal pay rules, one local [employer-side] labor lawyer explains that he advises his clients to make their employees sign arbitration agreements, thereby preventing them from being able to sue if/when they have a legal dispute over their wages.
John Gear is a Salem attorney in solo practice