Showing posts with label forced arbitration. Show all posts
Showing posts with label forced arbitration. Show all posts

Saturday, June 17, 2017

25.5 - For the Record: a variety of short items

For the Record: a variety of short items

With our occasional feature called For the Record, we cover several topics briefly, not taking a lot of time on any of them, but we did want to make sure they at least got mentioned.

1. So For the Record: On June 12, TheRump had his first full cabinet meeting. It started with His High Orangeness praising himself and all he has supposedly accomplished and then it went around the room with everybody introducing themselves (which is reasonable) and then going on about how gloriosky it's just so double-fudge sundae with marshmallow and a cherry wonderful to be working for Donald J. TheRump, starting with Mike Pence saying it is "the greatest privilege of my life" to be TheRump's coat-holder and proceeding through Chief of Staff Reince Priebus thanking TheRump for "the opportunity and blessing to serve your agenda." As all the while, His Orangeness sat there soaking it all up, totally and completely pleased with himself and nodding approvingly.

Chris Cillizza of CNN called it "the weirdest Cabinet meeting ever." New York Times reporter Julie Davis said on twitter "Never have seen a Cabinet meeting photo op quite like that one," an opinion echoed by CNN's Jake Tapper. TheWeek.com called it "bizarre."

The presidency of Donald TheRump increasingly looks less like a presidency and more like a personality cult. Which is probably why he gets along with dictators so well.

2. For the Record: In May, in that one month, three 15-year-old unarmed black boys were killed by police in separate incidents in Texas, Connecticut, and California. In at least two of those cases, initial police accounts of the incident proved to be outright lies.

Overall, as of June 14, at least 548 people have been killed by police in 2017.

3. For the Record: Last fall, the Centers for Medicare and Medicaid Services put in place a rule under which nursing homes that receive federal funding - which is most of them - could not include so-called mandatory arbitration clauses in their contracts. In other words, residents and their family members were given back the right to sue.

Now, under TheRump, the Centers for Medicare and Medicaid Services have a proposed rule that would rescind the previous rule and once again make forced arbitration, a method which almost never works to the benefit of consumers, the industry standard.

4. Next, I recently have referred to how we are instituting militarism as national policy, including TheRump's statement "We have given [the military] total authorization" and the push for a major shift in strategy in Afghanistan.

So For the Record: on June 14 Reuters reported that TheRump had given War Secretary Jim Mattis the authority to set troop levels in Afghanistan, opening the door to a new "surge" - a resurgent surge, we could call it -  in US forces there.

5. You undoubtedly know about the gunman who shot up a group of Republican lawmakers who were practicing for an annual charity baseball game, wounding House Majority Whip Steve Scalise - who at last report is in critical condition - and at least four others before being killed.

You also have undoubtedly heard about how the shooter, one James Hodgkinson, was some real liberal and a Bernie Sanders supporter.

So I want this noted, For the Record: I predict that you will not find one single GOPper, one single wingnut, one single person on the entire right half of the US political spectrum who will describe this guy as what they always describe right-wing shooters as, "a lone wacko" and that instead they will claim he is "emblematic of the violence of the left."

6. For the Record: Two top Michigan health officials have been criminally charged for their roles in the handling of the Flint water crisis.

The state' Chief Medical Executive Eden Wells was charged with obstruction of justice and lying to police and state Health and Human Services Director Nick Lyon has been charged with involuntary manslaughter.

Twelve people died of Legionnaires' disease as a result of the decision made by the unelected Emergency Manager of Flint, appointed by Governor Rick Snidelywhiplash, to switch the city's water supply from Detroit to the Flint River in April 2014.

By the way, the water in Flint still isn't fit to drink.

7. Finally, just a quick pretty much personal note. I grew up in New Jersey and in a lot of ways it still feels like home, so it is with genuine satisfaction that I can say this:

For the Record, according to the latest Quinnipiac University poll, Gov. Chris Christie has the lowest approval rating of any New Jersey governor in the 20-year history of the poll.

Eighty-one percent disapprove of the job Christie is doing; only 15 percent approve.

Sunday, November 20, 2016

3.1 - Good News: pushback against forced arbitration

Good News: pushback against forced arbitration

We'll start quickly with something just for the sheer fun of it.

Among those who are to receive the Presidential Medal of Freedom on November 22 is Vin Scully, honored for his 67-year career as a baseball announcer, which I mention here because I can still in my head hear him do radio play-by-play for the Brooklyn Dodgers in the 1950s.

Okay, on to more serious things.

First under that category is something that was actually done a bit ago; the first week of October, in fact, but I'm bringing it up now both because it's a federal regulation that is going into effect on November 28, which makes it time relevant, and because it's on a topic I've been meaning to talk about, one which happily is getting some more attention.

The issue is what's called forced arbitration. Arbitration is described as an alternative method of resolving disputes in which instead of going to court, two parties present their sides of a complaint to an arbitrator. Ideally, the arbitrator decides the rules, weighs the facts and arguments, and impartially resolves the dispute. Think Judge Judy without the snide condescension and the chosen-for-TV melodrama.

Arbitration was initially intended for use by businesses looking to avoid the possibility of a long and expensive legal battle. It was a mechanism to resolve disputes between forces that were at least more or less equal and one to which both parties had to freely agree.

Increasingly, however, it's being used by corporations to force consumers and employees to surrender some of their legal rights as a condition of buying a product, using a service, or getting or keeping a job. Increasingly, purchase agreements for things such as insurance, home-building, car loans, car leases, credit cards, retirement accounts, investment accounts, computer software, and more as well as employee contracts contain provisions - usually buried in the small print in the hope no one will notice - requiring that the consumer or employee submit any dispute to binding arbitration and waive their right to sue or join a class action suit or to appeal the results of the arbitration, arbitration which occurs at a place of the corporation's choosing using an arbitration firm acceptable to the corporation - that is, one likely to rule in its favor, as they do 93% of the time.

What's more, unlike a court decision, the results are not public, so there is no public record that a complaint against the corporation even arose - and consumers can even wind up under gag orders banning them from discussing the case publicly.

Put simply, instead of being a tool for use between equals, arbitration, as forced arbitration, has been twisted into a weapon for use by the powerful against the non-powerful, for use by the corporations against the rest of us, to keep us silenced and subservient in the face of their power.

If you want a particular and recent example, here's one: Wells Fargo, one of the nation's largest banks, committed systematic and deliberate fraud against account holders. At least 3,500 Wells Fargo employees, at the instigation of senior management, opened approximately 1.5 million bank accounts and approximately 565,000 credit cards without the consent of their customers and then charged them fees for the fraudulently-opened accounts. Since 2013, customers have been trying to sue Wells Fargo, both through class action and as individuals only to have the corporation used the forced arbitration provisions for the original, legitimate accounts to force them all of those people into individual, private, forced arbitration on each of the fraudulent accounts.

So what's the good news? There is some pushback.

In August, the Obama administration completed a two-year rule-making process that declares that federal government contractors with contracts of $1 million or more cannot impose forced arbitration on employees if the dispute arises under Title VII of the Civil Rights Act or over claims of sexual assault or sexual harassment. That regulation is now in force.

Next, the CFPB, the Consumer Financial Protection Bureau, is in the midst of a rule-making that would ban forced arbitration provisions from blocking participation in class-action suits, a move that has gotten widespread support, with much of that support arguing that the rule should have gone further.

Finally and most recently, and the one that brought all this up, as part of a comprehensive review of the the requirements that Long-Term Care facilities must meet to participate in the Medicare and Medicaid programs, the Centers for Medicare and Medicaid announced final a rule barring forced arbitration requirements at nursing homes that accept federal funds.

The rule was announced on October 4 and goes into effect on November 28.

And all that is Good News.

This doesn't mean that this won't come under the baleful glare of those surrounding The Great Orange One as they "review the regulations" and of course he himself is even more a product of the corporate world than many of the entourage. But forced arbitration is enormously unpopular among that segment of the public that is aware of it to the point that even TheRump and his cronies may be hesitant to so obviously flout their base.

What's Left #3



What's Left
for the week of November 17-23

This week:

Good News: pushback against forced arbitration
http://www.latimes.com/sports/dodgers/la-sp-scully-medal-of-freedom-20161116-htmlstory.html
http://www.consumeradvocates.org/for-consumers/arbitration
http://www.fairarbitrationnow.org/wells-fargos-use-forced-arbitration-deny-consumers-justice/
http://www.fairarbitrationnow.org/release-fan-coalition-applauds-obama-administration-restoring-rights-government-contract-employees/
http://www.consumerfinance.gov/about-us/newsroom/consumer-financial-protection-bureau-proposes-prohibiting-mandatory-arbitration-clauses-deny-groups-consumers-their-day-court/
http://www.fairarbitrationnow.org/cfpb-arbitration-rule-receives-strong-widespread-support/
http://www.afj.org/wp-content/uploads/2016/09/2016-23503.pdf

Good News: the TPP is dead
http://www.independent.co.uk/voices/comment/what-is-ttip-and-six-reasons-why-the-answer-should-scare-you-9779688.html
http://whoviating.blogspot.com/2015/08/2172-more-on-three-secret-trade-deals.html
http://www.reuters.com/article/us-trade-tpp-idUSKBN13629G
http://www.supplychaindive.com/news/TPP-purgatory-dead-trade/430555/
https://en.wikiquote.org/wiki/Yogi_Berra

Good News: LAPD will not become immigration police
http://www.cbsnews.com/news/president-elect-trump-says-how-many-immigrants-hell-deport/
http://www.aol.com/article/news/2016/11/14/lapd-says-it-wont-change-its-deportation-policies-under-trump/21605987/
http://www.latimes.com/local/lanow/la-me-ln-los-angeles-police-immigration-20161114-story.html

Show solidarity with undocumented immigrants
http://fusion.net/story/369091/donald-trump-racist-incidents-since-election/
http://time.com/4569129/racist-anti-semitic-incidents-donald-trump/
http://www.dailykos.com/story/2016/11/10/1595617/-The-architect-of-the-most-racist-law-in-modern-American-history-has-been-named-to-Trump-s-team
http://www.nbcnews.com/politics/immigration/trump-immigration-adviser-kris-kobach-wrote-book-muslim-registry-n685026
http://fox4kc.com/2016/11/14/trumps-inner-circle-includes-far-right-former-news-executive-accused-of-racism/
http://whoviating.blogspot.com/2016/07/blog-post_17.html
http://www.bbc.com/news/election-us-2016-37948762

The importance of continuing protest
http://www.dailykos.com/story/2016/11/15/1599582/-Trump-protests-calendar-and-information
http://www.reuters.com/article/us-usa-election-protests-planning-idUSKBN1362E0
http://www.cnn.com/2016/11/16/politics/sanctuary-campus-protests/
https://www.washingtonpost.com/news/post-nation/wp/2016/11/16/anti-trump-demonstrators-say-nationwide-protests-are-just-a-taste-of-things-to-come/
http://www.nytimes.com/2016/11/17/us/politics/democrats-house-senate.html?_r=0
https://www.washingtonpost.com/politics/hillary-clinton-in-first-formal-talk-since-conceding-there-is-common-ground-to-build-upon/2016/11/16/180efaf8-ac1a-11e6-977a-1030f822fc35_story.html
http://www.cbsnews.com/videos/stahl-trump-is-more-subdued-more-serious/?ftag=CNM-00-10aab0g

Democrats refusing to recognize their own failures
http://www.nytimes.com/interactive/2016/11/08/us/politics/election-exit-polls.html?_r=0

Cop who killed Philando Castile is indicted
http://www.cnn.com/2016/11/16/us/officer-charged-philando-castile-killing/

RIP: Leonard Cohen
http://www.usatoday.com/videos/life/people/2016/11/11/93629432/
http://www.newsweek.com/leonard-cohens-12-greatest-songs-520637?google_editors_picks=true
https://www.youtube.com/watch?v=NkamRumVXn4
 
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