John Oliver takes on Payday Lenders with a vengeance. Check out Sarah Silverman's payday loan alternative commercial at the end. <iframe width="560" height="315" src="//www.youtube.com/embed/PDylgzybWAw" frameborder="0" allowfullscreen></iframe> I have often been highly critical of Payday Loans at this website. They are dangerous financial products that drive the working poor into bankruptcy, foreclosure and worse.
The Nation reports that venerable civil rights organizations are selling out on the issue of Net Neutrality. Literally.
[T]elecoms are desperate for third-party approval, and have even resorted to fabricating community support for their anti–net neutrality lobbying campaign. Perhaps the bigger picture here is how so many of the old civil rights establishments have become comfortable with trading endorsements for cash. Verizon, Comcast, AT&T and other telecom companies have donated, either directly or through a company foundation, to nearly every group listed on the anti–net neutrality letters filed last week. We saw a similar dynamic play out with Walmart when the retailer handed out cash to civil rights groups in order to buy support for opening stores in urban areas. Times have changed. Just as Martin Luther King Jr.’s children have embarrassingly descended into fighting bitterly over what’s left of his estate, the civil rights groups formed to advance Dr. King’s legacy seem willing to sell out their own members for a buck.
I was called to jury duty this week in the Circuit Court of the City of St. Louis. This happens every 2 years for me; this was my fifth or sixth time. Although I’ve sat through voir dire several times, I’ve never been chosen. This probably has to do with the fact that I’m a lawyer. Today’s case was a criminal case, and I come with special baggage, since I was a prosecutor for the state of Missouri for four years, after working for the state juvenile court two years before that. This is the kind of background a defense attorney would rather not deal with, so I was not chosen to hear the case. In today’s proceeding, the defendant was charged with the sexual assault of several teenage girls, while using a gun. These were very serious charges, indeed. The reason I’m writing this post is that I was overwhelmed with the amount of serious crime that has touched the lives of the 75 people on the jury panel. Ubiquitous crime appears to be the new normal. We were only asked about two types of crimes, gun violence and sexual offenses, but it seemed as though most of the prospective jurors were victims or at least their close friends and families were victims of these types of crimes. About 20 jurors discussed their encounters with sexual predators. About half of the 20 approached the judge to discuss their experiences in private—you could tell from their faces that these were, and still are, emotionally wrenching experiences. Many of the jurors openly discussed their experiences in front of the full courtroom. The victims includes young and old, men and women. Two men on the panel stated that when they were children they had been sexually violated by babysitters. Several of the jurors had difficulty speaking of the incidents, because they were overcome by emotion. More than a few prospective jurors stated that they would be unable to sit in judgment of today’s defendant because of the continuing emotional impact based on their own history. [More . . . ]
How pervasive are binding pre-dispute arbitration clauses imposed by for-profit businesses upon consumers? Herman Scwartz of The Nation reports:
Two reports issued at the end of last year show how effective the Court’s arbitration rulings have been. Last December, the Consumer Financial Protection Bureau (CFPB) issued a preliminary report, which found that contract clauses mandating pre-dispute arbitration are a “common feature of consumer financial contracts”; a final report is due by year’s end. The agency found such clauses in over 50 percent of credit card loans, 81 percent of prepaid charge cards and in checking accounts covering 44 percent of all insured deposits. The CFPB found further that about 90 percent of such contracts, including almost all credit card loans, insured deposits and prepaid cards, also prohibit participation in current or future class or other joint actions in both judicial and arbitration proceedings. This usually forces consumers who have been injured in small amounts to drop the matter entirely, even though the defendant may have harmed many others the same way, for too little is at stake for each individual to justify the time, trouble and expense of individual arbitration. . . . These two clauses are not just in consumer financial contracts, but are standard in cellphone and nursing home contracts, individual employment contracts, shipping agreements, passenger tickets and in many other areas. They have also been imported into the exploding commercial traffic on Internet websites. When consumers click their assent to the conditions imposed by a seller online, few if any realize they are often acceding to these limitations on their rights to a judicial resolution and a class action. Some merchants have gone so far as to claim that just opening a box for a computer, for example, is enough to constitute the necessary assent to such conditions in an “agreement” placed in the box.What is the bottom line?
The Supreme Court has given financial institutions, businessmen, unscrupulous employers and others a license to do wrong. As the California Supreme Court put it, they have been given an “exemption from responsibility for [their] own fraud.”
My daughters and I are in Las Vegas after a wonderful trip to 3 national parks. I bid for and prepaid for a hotel in Las Vegas, "New York, New York." Priceline told me that my "Total Price," including "Room Cost," "Taxes" and "Fees" was $80.88. When I stepped up to to register for the room. the NY NY employee told me that I owed a "Daily Resort Fee" of $24. She pointed to a pamphlet on her desk (see the attached photo) and told me that the "fee" is for these items, including "unlimited local and 800 number calls."
I told her that I already paid the "Total Price," and I would not pay this "Fee." She told me "Everyone pays this fee." I told her that I wouldn't pay this "Fee," because I already paid all "fees." She said I needed to take it up with Priceline. I told her I needed to speak with her manager. The manager (another woman) came to the front desk and told me "All of the resorts in Las Vegas charge the fee." This was no consolation to me. She told me that I had to pay the fee. She told me that Priceline discloses that I would be responsible for paying this additional fee (this is false). I told her that I wouldn't pay the fee, that it was fraud to charge the fee, and that I would pay it under protest, contesting it through my credit card company. I told her that I was a class action attorney and that they should be sued for a class action. The manager finally admitted to me that since Priceline told me that I had prepaid my "Room Cost," "Taxes" and "Fees," that it would be "unfair for me to pay an additional "fee." She wagged her finger at me and stated that she would waive the fee this time only.
I am disturbed that this is going on. I assume that hundreds or thousands of people are being hit for this "Fee," and that most of them are paying it rather than making a scene at the registration desk.
For any of my FB friends who are using Priceline to book rooms in Las Vegas (or elsewhere), beware that this is going on. In my experience as a consumer lawyer, merchants are increasingly tacking on these BS fees for illusory services, fraudulently making millions of dollars in the process.