Archive for the ‘Litigation’ Category

PayPal logoPayPal is the latest corporation to join Public Citizen’s “rogues gallery,” a continually updated list of corporations that insert forced arbitration clauses in their terms of service with consumers.

These terms effectively force its customers to surrender their time-honored right to seek redress in court, and require them to resolve disputes in secret arbitration, where PayPal dictates the rules for the process.

PayPal’s new terms, which become effective on November 1, also deny users their right to band together in class actions, which are useful to seek accountability against companies who cheat large numbers of consumers out of individual small amounts of money. Most consumers are not going to seek to recover for small losses on their own. Meanwhile, by forbidding class actions, corporations can reap the benefit of their misconduct.

PayPal, however, gives users the ability to “opt-out” of the arbitration terms. Consumers must opt out by mail, which is quite ironic given the fact that every other consumer transaction with PayPal takes place online, with a simple click of a button.

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A photo of a small bear with the text, "Halp, I can has bailout?"First steps are finally being taken to hold one of the Big Banks accountable for its role in causing the economic collapse.

A joint federal and state task force, led by New York Attorney General Eric Schneiderman, has filed suit against Bear Stearns – now owned by JPMorgan Chase – alleging systemic fraud, deceit and recklessness that ripped off investors and devastated homeowners across the nation.

According to the suit, Bear Stearns claimed to be selling carefully evaluated, high-quality investments – without actually bothering to evaluate or check the quality of the investments.

Worse, when Bear Stearns’ limited review process did uncover defects, the suit alleges, it hid the details from investors and failed to correct the problems.

By the time the crisis played out, Bear Stearns investors lost $26 billion. JPMorgan Chase acquired the troubled firm following its receipt of a taxpayer bailout.

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An effort by some congressional lawmakers to let mortgage lenders off the hook for violating rules and offering shoddy mortgages to consumers is an irresponsible appeal that could upend much-needed mortgage reforms before they even take effect."Christine Hines"

Led by U.S. Rep. Shelley Capito, (R-W.Va.), 108 lawmakers sent a letter to Consumer Financial Protection Bureau (CFPB) Director Richard Cordray, arguing for legal immunity for mortgage lenders. The lawmakers were commenting on a proposed rule for determining borrowers’ “ability-to-repay” and the definition of a qualified mortgage, required under the 2010 Dodd–Frank Wall Street Reform and Consumer Protection Act.

The proposed rule leaves open the question of legal liability for bad practices. The bureau must decide whether to allow mortgage lenders to be completely shielded from lawsuits, i.e. give them a “safe harbor,” or whether to protect them with a standard that presumes their compliance with the rules, but gives vulnerable borrowers the opportunity to provide evidence of the lenders’ wrongdoing.

Talk about short memories.

It was just five years ago that the U.S. economy imploded partly because toxic mortgages were given to mostly unaware borrowers. Mortgage lenders were able to hide their untenable risk-taking from the public and government oversight until it was too late. This irresponsible behavior led to the shutdown of large financial institutions, record home foreclosures and high unemployment. Now, unbelievably, lobbyists have convinced some lawmakers that bankers should be shielded from lawsuits, returning us to that place where perilous actions would remain in the dark and borrowers would be barred from seeking redress in court for their lenders’ wrongdoing.

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It will take some time to digest the Supreme Court’s decision today, but it appears to have averted some terrible jurisprudence that might have very seriously restricted the government’s overall ability to regulate the economy and protect citizens.

In upholding most of the Affordable Care Act, the Supreme Court lets stand legislation that offers some important benefits, but only to a portion of those who are uninsured, and will predictably fail to solve our nation’s health care crisis.

However the health reform law ultimately plays out, we know two things for certain: Tens of millions of Americans will remain uncovered as will tens of millions of under-insured who will remain at risk of financial ruin if a major illness strikes and it will leave the private health insurance and pharmaceutical industries in charge of prices and life-and-death treatment decisions.

There is a single solution to the challenges of providing coverage to the 50 million who are uninsured that would curb out-of-control health care costs and provide a humane standard of care to all who enter the medical system. That solution is an improved Medicare-for-All, single-payer system.

The improved Medicare-for-All approach starts with the premise that health care is a critically-needed right that must be afforded to all, irrespective of any individual’s ability to pay for care. It solves the problems of 50 million uninsured Americans simply and directly by establishing that everyone is covered by the improved Medicare-for-All system. Everybody in, nobody out.

Improved Medicare-for-All would prevent the deaths of the 45,000 Americans who die every year from lack of health insurance. It would eliminate the hundreds of thousands of medical bankruptcies — affecting millions of Americans every year — that occur because people can’t pay their medical bills. These deaths and economic tragedies are entirely preventable; a system that permits them to continue is morally repugnant and must be replaced.

The improved Medicare-for-All approach would eliminate the greatest waste in the health care system: the needless costs imposed by the private health insurers. These firms impose hundreds of billions of dollars of excess cost on us via their excessive profit-taking and executive compensation, their marketing expense, their vast bureaucracies devoted to denying care and their imposition of massive paper-pushing obligations on actual health care providers.

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Washington, D.C., hit near-record high temperatures on Wednesday. But that didn’t discourage more than a hundred dedicated activists from making the two-mile walk from Dupont Circle to the headquarters of Crossroads GPS, one of those outside groups spending millions of dollars to sway the elections. These brave souls were marching to demand that Crossroads co-founder and GOP strategist Karl Rove be held accountable for selling out our democracy to the highest bidder.

As we journeyed together through the streets of our nation’s capital, I heard people talking about lots of different issues—from jobs and retirement to health care and elections. Ultimately, however, most of their grievances boiled down to a single word: fairness. These folks were out in the scorching heat because they believe that American democracy is about every citizen having a voice in government. Not about how many dollars a person (real or corporate) can spend on TV and radio ads.

At our destination, all one had to do was look around to see what real democracy looks like. It’s not the small group of people who were upstairs in an air conditioned room, figuring out how to manipulate voters into favoring the candidates that corporations want in office.  Democracy is those who cared about their country enough to brave the heat for a chance to shout in the streets that people, not corporations, should have the power in our system.

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