Consumer Protection: June 2008 Archives

One day your website is yours, and the next day it is someone else's. Organizations, businesses and regular people are at the mercy of a confusing deregulated system.

A little over a week ago the Speak Out California website suddenly disappeared, and viewers instead saw a website full of advertisements.

We had no way of even knowing what had happened. It was just a surprise. One day typing "speakoutca.org" into a web browser took viewers to our website, the next day it took viewers to an ad site that someone else managed.

Some of us are more sophisticated and internet-savvy than most citizens so we were eventually able to track down some information. I'm not going into details here, except to say that no one at Speak Out California received any notice that this was going to happen. It took several days to even track down where the domain name (this is what internet addresses like speakoutca.org are called) had been registered, who had registered it, and contact info for the registrar. Then it took several more days to restore the domain name to us and get it working again.

Here's the thing: the only way we were able to get this name back and get the site operating again is because some of us are much more internet-connected than most people. Most people would have no idea where to even start to look for information and help solving a problem like this.

This is certainly not an uncommon problem. My wife had a business named Dancing Woman Designs with a website at dancingwomandesigns.com, and then one day she didn't. She received no notice, nothing. It was just there one day and gone the next and if she wanted it back it was going to cost her. It was going to cost her a lot. And so she doesn't have dancingwomandesigns.com anymore and that address takes you to an ad site. A whole business that took years to get going and build is history now. It was wiped out in a minute because someone was able to get the web name.

A larger business is more likely to have the resources to hire the necessary experts to fight something like this. But it can be an expensive proposition and it can take time.

This is the difference between regulation and deregulation. Regulations protect regular people. Deregulation enables and protects scammers, schemers, and cons. The Internet is largely unregulated and is full of scammers, schemers and cons. Most of the businesses and organizations on the internet are good, honest, credible and legitimate but regular people are also left completely at the mercy of numerous cons, scams, schemes and rip-offs and the burden is on us to find a way to tell the difference.

We got Speak Out California back up and running. It only took us a week and a little money. But we are sophisticated, internet-savvy and connected -- and lucky. Hmm ... maybe some new legislation is warranted.

Does your credit card or bank loan agreement have an "arbitration clause?" More and more consumer-oriented contracts and "agreements" have clauses specifying that disputes must go to arbitration rather than our civil justice system. The justification for this is that arbitration saves the time and expense of working within our legal system. But here's the thing: the corporations choose the arbitrators and every arbitrator knows they will never, ever, ever, ever (ever) get another job if they rule against the corporations. Never.

And guess what: 98.8% of arbitrations end up in favor of the corporations. This is not a surprise.

The Progressive States Network's newsletter has a story about this today, Arbitration: "Set up to squeeze small sums of money out of desperately poor people",

The headline above is a quote from former West Virginia Supreme Court Justice Richard Neely, describing what his role was as an arbitrator at the National Arbitration Forum (NAF), a for-profit company hired to enforce mandatory arbitration clauses for credit card consumer loans. "NAF is nothing more than an arm of the collection industry hiding behind a veneer of impartiality," says Richard Neely.

In a devastating expose by BusinessWeek, Neely and other former arbitrators describe an arbitration system stacked completely against consumers-- a system where creditors win 99.8% of all disputes involving companies ranging from Bank of America to Sears to Citgroup. Arbitration clauses buried in the fine print of credit card offers means consumers lose the right to have disputes decided in an independent court and instead are forced into corporation-selected arbitration firms.

This story about credit card companies taking unfair advantage of consumers is one more attack on citizen rights to access our own legal system (one more of so many attacks). Think about what is happening here. First the big corporations fought against "regulations" which are the rules that We, the People set up requiring safe workplaces or environmental standards, or products that do not injure people, etc. Then when fewer regulations of course resulted in worker or consumer injuries or toxic spills or other harms the inured parties filed more lawsuits asking the companies to make good. So in response to these lawsuits the corporate-financed "tort reform" movement came along, working to limit the ability of citizens to be compensated for the results of corporate bad behavior. The result has been fewer regulations preventing harms and more restrictions on citizen access to courts where we can seek damages after we are harmed.

I didn't even bring up the corporate-conservative movement to install their own business-friendly judges in the courts.

But even those erosions of our access to justice has not been enough for the greedy corporations. Now there is arbitration: clauses that show up in contracts and agreements that remove your ability to take a dispute to the courts at all! And the judges in these courts are dependent on the corporations for their livlihood!

Deregulation, tort reform and now arbitration that is rigged against the consumer. Drip, drip, drip. One after another the big corporations are eroding the rights of citizens.