Companies stacking deck of justice with arbitration
By Jessica Silver-Greenberg and Robert Gebeloff, New York Times
On Page 5 of a credit-card contract used by American Express, beneath an explainer on interest rates and late fees, past the details about annual membership, is a clause that most customers probably miss. If cardholders have a problem with their account, American Express explains, the company “may elect to resolve any claim by individual arbitration.”
Those nine words are at the center of a far-reaching power play orchestrated by U.S. corporations, an investigation by the New York Times has found.
By inserting individual arbitration clauses into a soaring number of consumer and employment contracts, companies can circumvent the courts, and bar customers from joining together in class-action lawsuits, realistically the only tool citizens have to fight illegal or deceitful business practices.
Over the last few years, it has become increasingly difficult to apply for a credit card, get cellphone, cable or Internet service, or shop online without agreeing to private arbitration. The same applies to getting a job, renting a car, or placing a relative in a nursing home.
Among the class-action challenges thrown out because of such a clause was one brought by Time Warner customers over charges they said mysteriously appeared on their cable bills, and another against a travel booking website accused of conspiring to fix hotel prices. A top executive at Goldman Sachs who sued on behalf of bankers claiming sex discrimination was also blocked, as were African-American employees at Taco Bell restaurants alleging a pattern of discrimination.
Slimy bit of business…When corporations and government align to enrich themselves by dis-empowering and taking advantage of the citizen,…we have the textbook definition of a certain specific political system….and it’s NOT democracy.
Our legal system is just not geared for justice anymore, as it is once again the immense amounts of money involved that puts the average person on the side-lines. . .’slime’ can also be described as ‘despicable’, as so many will sell the rest of us out. . .all to have that car they don’t really need, that extra house or two they never use – but expect someone else to pay for. . .
If you read the fine-print, DON”T SIGN ANY CONTRACT (BUY THAT CAR< BUY THAT HOUSE), as they are exploiting the emotional part of "that new sale", particularly knowing that you are or will be "on-the-hook" already. . .
The other one always overlooked is the banks that sell either your 'paperwork' or your whole account to someone else – another bank, another conglomerate, another business, the sale of which technically negates your 'contract' with the bank you signed on with. . .it is technically a "breach of contract" to sell your account to another absent your approval or signature, but the arrogance (not to mention the cynicism) has gotten so bad they do these things without even asking anymore. . .[who cares (?), no-one reads any of this 'stuff' anyhow, right ?. . .so we can do what we want, as long as its' "legal", even as it's NOT RIGHT. . .Do you care ?. . .
Garry, Why do you think ‘they’ want to ‘dumb’ America? Bringing in thousands of people, under one guise or another, that cannot read or write that kind of elitist tactics.
The average IQ in America is now about 80!!!
I say ‘average’ for the statistics nuts. However, what you have alluded to in your remarks is exactly what ‘they’ are doing. The average person in America today hasn’t the wherewithal and putting it simply, the IQ 80’s and lower outnumber the IQ 100’s and higher.
Therefore, people NEED lawyers? UH OH
Atomic:) I hope you made sense of this one!
Robin:
In much the same way as the 5th estate (Journalism) is geared to “13-year-olds”, the American people are in serious dereliction of their duty as “citizens”, to put up with this any longer than they already have – harkening back to the old French saying “The people get the government they deserve”…
“Bringing in thousands of people, under one guise or another, that cannot read or write” to be slave-wage consumers of all that America “prides itself on” (never mind “that kind of elitist tactics”), will ultimately destroy all that we care about. . .
“Dumbing down” America is their most successful ploy, as most buy into that. . .without even a whimper (aka ‘where’s the rage’ ?). . .
In case you haven’t yet noticed, most of our institutions are in fact failing us, if this is what they’re built-upon …FICO scores are more important than justice in this country.
Robin: THEY ALREADY HAVE. . .co-opting patriotism to image (and name) only. . .