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Investigation: New Home Heartbreak
Trump - NAHB Homebuilders Shoddy Construction and Forced Arbitration

Organizing your community to bring public attention to builder’s bad deeds and seeking assistance from local, state and federal elected officials has proven to be more effective and much quicker for thousands of families. You do have choices and alternatives.  Janet Ahmad

Arbitration Latest News
Trump - NAHB Homebuilders Shoddy Construction and Forced Arbitration
Wednesday, 16 November 2016

Trump says, Court System.  What Court System?  Only Builder Forced Arbitration!
In that speech, Trump asked members of the audience to raise their hands if they have been involved in any "frivolous" lawsuits. Few did, apparently, because Trump then said, "That's all? Not that many. Seriously? They're just embarrassed to raise their hands." But it also might be because — counter to Trump's suggestion that homeowners should be able to sue if the construction is shoddy — oftentimes homeowners are pushed to sign contracts with the builders that bar them from filing lawsuits. Instead, they're forced into third-party arbitration, which may not be appealed and is often kept confidential. 

Read more...
 
Consumer Affairs: BBB Favors Big Business - Not Consumer Friendly
Saturday, 31 October 2015

Do dues-paying members get higher grades than non-members? Many people think of the Better Business Bureau as a consumer watchdog, but a report by CNN Money finds the organization has given top ratings to companies that have faced action by government regulators and lawsuits by angry consumers... BBB also notes that it does not identify itself as a consumer watchdog, but rather as a mediator between businesses and consumers.

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CFPB Report Blasts Consumer Chances in Arbitration
Wednesday, 09 September 2015

Consumer Financial Protection Bureau
Breaking news: CFPB study finds that mandatory pre-dispute arbitration clauses undermine consumers' rights by limiting class actions... The Bureau’s report also found that more than 75 percent of consumers surveyed did not know whether they were subject to an arbitration clause in their agreements with their financial service providers, and fewer than 7 percent of those covered by arbitration clauses realized that the clauses restricted their ability to sue in court.

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Closing Small Claims Doors of Consumer Justice
Wednesday, 15 April 2015

Tyranny of the Arbitrators - And the End of Small Claims Court
After a minor banking dispute in 2010 forced me to file a small claim, Citibank removed my small claim to private arbitration against my objections and in violation of my agreements and the arbitrator’s rules.I am sharing my story to help others... Citibank removed my small claim to arbitration to avoid an undesirable but public outcome in small claims court — knowing full well the depth of the hole it was putting me in.

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YouTube Marching Band - Stop Forced Arbitration.
Tuesday, 10 March 2015

Memo to Big Banks: Don't Piss off Marching Bands
Urge the Consumer Financial Protection Bureau to Stand Up to Wall Street and Defend Consumer Rights. The federal Consumer Financial Protection Bureau (CFPB) has the authority to restore our rights by banning these predatory terms. Big Banks and powerful financial institutions are using the fine print in the terms for checking accounts, credit cards, prepaid cards, student loans and other financial products to deny ripped-off consumers their constitutional right to hold the banks accountable in court.

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Arbitration Impenetrable Roadblock by Business Interest
Saturday, 18 January 2014

When the little guy gets shut out of court
The trend toward mandatory arbitration clauses has been accelerating for years, but attempts to curtail it have run into an impenetrable roadblock from business interests that are understandably eager to stay out of court. Their point might be justified if the arbitration process was fair, transparent and accountable. It is not.

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Forced Binding Arbitration - Builder Get Out Of Jail Free
Thursday, 09 January 2014

 Consumer advocates: Fine print could rob consumers of right to sue
Consumer advocates warn that a provision in an increasing number of consumer contracts robs consumers of their basic right to sue.  Greg Cole said he was forced into arbitration when his homebuilder, John Wieland Homes and Neighborhoods, wouldn't fix construction mistakes to his home in a development in East Cobb. Cole said cracks in walls and ceilings caused leaks that created a mold problem that sickened his family. 

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CFPB Monitor - FTC challenging arbitration
Sunday, 29 December 2013

CFPB Monitor - FTC files amicus challenging arbitration provision
Last year, the DOJ filed an amicus brief in the U.S. Supreme Court in American Express Co. v. Italian Colors Restaurant in support of the merchants who were challenging the class action waiver in American Express’ arbitration agreement.  (The Supreme Court ruled against the merchants in a 5-3 decision.)


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NYTimes Editorial: Binding Arbitration, Court’s favoring powerful corporations
Sunday, 23 June 2013

Another Blow to Class Action
This week, the Supreme Court continued its aggressive effort to favor corporations
 by forcing customers to raise grievances through individual arbitration rather than a class action or some other joint legal challenge...The decision makes it very hard, if not impossible, to stop bad corporate practices because the potential award for an individual would be too small to justify a suit.

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Big Business Forced Arbitratiion - 2011 Supreme Court Ruling
Thursday, 09 May 2013

Forced Arbitration: Killing the Right to Sue Big Companies, One TOS Agreement at a Time  So-called forced arbitration clauses say that in the event of a dispute, you won't be able to file a class-action suit. Instead, your dispute will be settled one-on-one in a private arbitration forum. These clauses are commonly inserted into terms of service agreements, which you must agree to if you want to use the product or service. For years, this practice was prohibited by law in many states. But in 2011 the Supreme Court ruled in AT&T Mobility v. Concepcion that all state laws prohibiting forced arbitration clauses are preempted by the 1925 Federal Arbitration Act. And that opened the floodgates.

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SEC To End Mandatory Arbitration Clauses
Tuesday, 16 April 2013

SEC's Aguilar Calls for End to Mandatory Arbitration Clauses
Such clauses, which are standard in brokerage contracts and often included by registered investment advisers, require any client claim of losses to be settled in binding arbitration instead of the courts. "Investors should not have their option of choosing between arbitration and the traditional judicial process taken away from them at the very beginning of their relationship with their brokers and advisers," Securities and Exchange Commission member Luis Aguilar said in prepared remarks for the North American Securities Administrators Association's annual conference in Washington on Tuesday. "By providing investors with the ability to choose the forum in which to bring their legal claims and protect their legal rights, we enhance investor protection and add more teeth to our federal securities laws."

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Reckless Endangerment
BY: GRETCHEN MORGENSON
and JOSHUA ROSNER

Outsized Ambition, Greed and
Corruption Led to
Economic Armageddon


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