Why is Big Money (The Wall Street Journal) so interested in smearing little people?

Whenever we take the time, we are better able to see that all issues are anchored by deep issues.   That’s the kind of day it was for me today. 

I’m in Washington D.C., attending the Consumer Rights Litigation Conference sponsored by the National Consumer Law Center.   NCLC is an invaluable resource for those of us who advocate and litigate for consumer rights.  At one of the afternoon sessions today, I had a chance to hear a panel of consumer advocates discuss recent developments in federal law regarding consumer rights. 

It’s quite depressing, for the most part.  You see, well-monied corporate financial interests own Congress.   Consumer rights are on the ropes.   Many industries are free to lie, cheat, steal and to impose onerous terms on consumers, thanks to the best federal laws money can buy.  They do this through corporate immunity, preemption and the imposition of mandatory binding arbitration before biased arbitrators.  All of these were gifts from Congress in return for huge amounts of money contributed by lobbyists.

I’ve been to Washington D.C. several times before, and I’ve always reveled in the history and the architecture.  

 washington monument.jpg

Now, I can’t help but feel ambivalent.  It’s a city awash in immense amounts of corrupt money. 

 U.S. Capitol.jpg

We are a country that preaches that the People are the government, but that is less true than ever.  If you don’t believe me, just try to call your Congressional representative, mentioning that you are a concerned citizen.  See if you can get five minutes with him …

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Arbitration Fairness Act of 2007

Businesses are increasingly inserting arbitration provisions into contracts to prohibit the employees and consumers from resolving important disputes in courts of law. Such arbitration provisions compel the employees and consumers to present his or her case to an "private arbitrator," who need not even be an attorney. There is no jury trial. There is no automatic right to engage in pre-trial discovery. There is no public access. There need not even be an in-person hearing (unless you pay extra). The arbitrator often has the right to decide the entire case by merely looking at paperwork and you might not even have a right to be there when it happens. If the arbitrator fails to apply the law correctly or if the arbitrator refuses to consider important evidence, too bad. There is no appeal. There is no accountability. Your claim against a big company will simply disappear. And here's another huge concern: the big corporations are repeat customers to the big arbitration companies, while you will be a one-time player. Under these circumstances, who is the arbitrator likely to favor? [more . . .]

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