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Wednesday, July 11, 2007

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this act is such a good thing. lets get it rolling.

Drago

We have a dispute resolution mechanism in America. Its called the jury trial.

Regina Mullen

REPOST FROM ANOTHER BLOG< BUT THE POINT IS THE SAME...

The only thing I agree with is that consumers ought to learn about arbitration and that class actions need to be allowed within the arbitration context.

Class action lawyers don’t like arbitration clauses, that doesn’t make arbitration bad. I think the problem is procedural with the forums that administer arbitrations, but also that a class action could do just as well in arbitration as outside of it, provided protections are built in.

I’m an arbitrator and former civil rights advocate. I know that most people who go into arbitration “involuntarily” owe a debt that no judge can erase. The might even have decent arguments to alleviate the debt that could be presented by arbitrating, but since they usually don’t bother to participate, yes, they lose.

I fail to see what’s so “wonderful” about having people hauled into court, assessing cost upon fee, court date upon court date, just to be told “Yup, you owe that money, and oh by the way, you ALSO owe all this other stuff in addition to your attorney fee. Thanks for wasting our collective time!!”

Bottom line is that losing your job, your wife left you,–none of those are court defenses! There is no “my life sucks, don’t rule against me” defenses to a contract with Comcast, so what difference does it make whether an arbitrator tells you so or a judge??

Crap service, on the other hand, is something that can be addressed in many ways, not just in response to a bill for service. You can’t keep using a service and then refuse to pay.

Geeze, how hard would it be to require that Comcast log all arbitrations to an on-line monitoring service which could be used to trigger class action status, which could then go to the court an have all the people who could be in the class pre-identified? An enterprising attorney could have a site like this up and running in a week. Were I not a confirmed neutral, I’d do it myself!

There are so many ways to deal with the concerns on a technical level, that mere recitation of anti-arbitration talking points is getting a little tired!

Charles

Pre-Dispute Arbitration clauses in consumer contracts encourages shoddy construction and manufacturing practices and as well as fraudulent sales practices. Any Representative or Senator who opposes this bill simply aides and abets fraudulent sales practices and shoddy construction and manufacturing practices.

Gerri Detweiler

Although this is one of those issues most of us won't think about until we've already been harmed, this is extremely important consumer legislation. We need to make sure we speak up and take back our rights to a fair trial.

rdaly

It is about time! Mandatory Binding Arbitration is criminal in its blatant unfairness, lack of any safeguards of substantive and procedural rights, and "judges" who come from the ranks of the businesses and corporate law world before them. It is a joke and has infected every type of consumer transaction: credit cards, bank loans, homebuilders, pest control, nursing home and medical care, gift cards, securities, employment, ipods, computer hardware, internet sites w/click-wrap agreements, etc.

In the current legal environment of arbiutration overkill, in which courts seems to accpet all arbitration clauses as binding (on parties and nonparties alike, I am surprised supermarkets have not placed placards outside their doors stating "by entering this store you hereby waive your right to a jury trial and consent to arbitration . . ."

The courts and judges who, out of sheer laziness, decided to assist promoting anti-consumer arbitrations by finding every arbitration clause (no matter how small the print, lack of mutual assent, etc.) as fine, just so those same judges could leave work early to go golfing, and never actually read the Federeal Arbitration Act, are just as bad as the corporate attorneys writing these rights-grabbing clauses into every consumer document.

I hope this passes. The abuses of MBA are simply outrageous.

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