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Arbitration Latest News
Jordan Fogal says foreclosure became her best alternative |
Sunday, 26 August 2007 |
Foreclosureâs building problem
She didn't have a subprime mortgage. But when Jordan Fogal's house became uninhabitable, the 62-year-old grandmother says foreclosure became her best alternative. Fogal's troubles began when she and her 72-year-old husband, Bob, moved to a new housing development near Houston in 2002. That first night in the new house, the dining room ceiling collapsed. Bob had pulled the plug in the Jacuzzi tub upstairs, and 100 gallons of water came crashing through the ceiling downstairs because the plumbing drains were not connected. |
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Understanding the Hazards of Binding Arbitration |
Tuesday, 21 August 2007 |
Carrie Lavargna: Arbitration has no jury and no appeal
I recently shopped for a new car. The dealer and I agreed upon the model, extras, color and price, and I signed a one-page purchase order. When I arrived to pick up the car with payment in hand, the business manager informed me that I had to consent to resolve any disputes with the dealer through binding arbitration. This automotive equivalent of a pre-nuptial agreement asked that I waive my right to a trial in state court and accept as final the decision of an arbitrator. Being rather peeved that this provision was thrown at me at the last moment and thinking that arbitration is ill suited for consumer transactions, I walked out. In arbitration, the case is heard by one arbitrator or sometimes a panel of three. Some arbitrators are chosen because they are familiar with particular industries. The person or panel acts as both judge and jury in hearing the dispute. The decision is called an award that is final and binding. There is no appeal. Once you sign a document with a binding arbitration provision, you have no other remedy. |
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Binding Arbitration: Outsourcing Justice |
Sunday, 12 August 2007 |
Tell Your Senators and Representative to Cosponsor the Arbitration Fairness Act
With the recent introduction of the Arbitration Fairness Act of 2007 by Senator Russ Feingold and Congressman Hank Johnson, I am asking that all of our members contact Congress urging them to support the bill. My hope is that you will join me as hundreds of thousands families across this country like HOBB Rep. Scott Kimbell, of Jefferson, Georgia in the fight to ban Binding Mandatory Arbitration so other Americans are not blindsided by fine print. Please write to your Senators and Representative and tell them to cosponsor the legislation. Tell Your Senators and Representative to Cosponsor the Arbitration Fairness Act |
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Arbitration Process is Flawed |
Sunday, 12 August 2007 |
When Arbitrators Are Their Own Judges
WHEN Harley C. McDonald, a retired lawyer for a Nebraska construction company, lost 80 percent of his $60 million stock market nest egg, he lost faith in the brokerage industry. And now, after having filed a complaint contending that his broker had neglected his investments, heâs losing faith in the arbitration system that is supposed to address grievances. Whether Mr. McDonaldâs broker is at fault is undetermined; an arbitration panel will decide that. But what is certain â at least in the eyes of Mr. McDonald, his wife, his lawyer and investor advocates â is that the arbitration process is flawed.
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The Binding Arbitration Battles Continue |
Saturday, 28 July 2007 |
Building arbitration in limbo
When disputes arise over the quality of home construction in Ohio, consumers often prefer to go to court while builders often prefer to go to arbitration. New judicial rulings now leave open the possibility for both. Last month, the Ohio Supreme Court let stand the ruling of a Cincinnati appeals court that said a Butler County couple's workmanship claims against their builder belonged in arbitration... So-called forced arbitration has become a standard item in the fine print of home purchase contracts. Unless an arbitration clause is "unconscionably" unfair to one party, fights over leaky roofs, cracked basements or defaulted payments go to a mutually chosen arbiter, usually a construction professional, architect or lawyer, some active, some retired. |
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Companies force consumers to revoke their right |
Friday, 27 July 2007 |
Support The Arbitration Fairness Act
Companies force consumers to revoke their right to lawsuit by embedding language in terms of use contracts that say in the event of any dispute, both parties have to go to an arbitration firm, which the company pays for... The Christian Science Monitor found that the top 10 most used arbitration firms only found in favor of consumer 1.6% of the time. Is it any wonder they're so popular? |
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Christian Science Monitor Arbitration Study |
Friday, 27 July 2007 |
Are Aribitrators Punished By Credit Card Companies For Ruling In Favor Of The Consumer?
According to a study by the Christian Science Monitor, the top 10 most used arbitrators ruled for consumers only 1.6% of the time, as opposed to 38% for those who were not dependent on arbitration fees. The credit card companies keep track of how arbitrators rule, and they can strike those they don't like. Customers don't have a big information base about how the arbitrators ruled in the past, and they end up with whatever arbitrator the companies pick. It is just one more way the deck is stacked against ordinary consumers. |
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Consumers Advocates Expose Arbitration Scam |
Friday, 27 July 2007 |
Consumer advocates slam credit-card arbitration
Beltran's case is far from unique. In fact, if you own a credit card, chances are you have a mandatory arbitration clause. What that essentially means is that if you think the credit-card company has charged you wrongly, you might not be fighting in court. Instead, you may find your case brought before an arbitrator who works for a private arbitration group, in many cases, it's a group chosen by the banks. |
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Miami Herald - Making Binding Arbitration clauses unenforceable |
Wednesday, 25 July 2007 |
Congress eyes mandatory arbitration clauses in contracts
For years, consumer advocates have claimed these clauses are unfair. Now Congress is considering a blanket negation of predispute mandatory arbitration agreements. The Arbitration Fairness Act of 2007, recently introduced in the Senate and House of Representatives, proposes making the clauses unenforceable. Consumer lawyers also said that private arbitration companies are pressured to rule in favor of corporations, which often are repeat arbitration customers. ''If arbitrators rule against companies too often, they get blackballed,'' Public Justice's Bland said. |
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Hidden Clauses Leave Consumers Without Court Time |
Monday, 23 July 2007 |
Hidden Clauses Can Be Found In Credit Cards, Big-Item Contracts
If you have any credit cards or have made any large purchases, you've probably signed dozens of hidden clauses often buried in a contract's fine print that could cost you a bundle. WBAL TV 11 News I-Team reporter Lisa Robinson took a look at hidden clauses and how you can protect yourself. |
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HOBB Press Release: Feingold and Johnson File Arbitration Bill |
Wednesday, 18 July 2007 |
US Senator Russ Feingold, Congressman Hank Johnson and consumer groups announced the filing of The Arbitration Fairness Act of 2007
The comprehensive legislation would ensure Americans are not forced into mandatory arbitration agreements to resolve employment, consumer, franchise or civil rights disputes. âArbitration can be a fair and efficient way to handle disputes, but only when it is entered into knowingly and voluntarily by both parties,â Feingold announced. The bill establishes that agreements will not be enforceable if they are entered before the actual dispute arises. See photos and remarks |
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