August 9, 2007

Outsourcing Justice

I am writing to tell you how a Binding Mandatory Arbitration clause cost my family thousands of dollars and our Constitutional rights.  More importantly, I hope that you will join me in the fight to ban Binding Mandatory Arbitration so other Americans are not blindsided by fine print.  

Get The Facts About Binding Mandatory Arbitration

My wife, Leslie, and I built our dream home in Jackson County, Georgia.  After extensive research we found a beautiful lot and a reliable builder.  Toward the end of our first year we noticed defects in the home which only grew worse after the builder attempted to repair them.  We spent thousands on structural engineers who confirmed the defects of the home and numerous code violations.

When the builder stopped returning our calls, we were forced to file a lawsuit.  But the builder knew, unbeknownst to us, that she was protected from any liability since the contract we had signed included a Binding Mandatory Arbitration clause.  We quickly learned that the arbitration clause, which was never explained to us, prevented the builder from being held accountable and prevented us from seeking justice.  No wonder our builder wouldn’t return our phone calls!

Tell Your Senators and Representative to Cosponsor the Arbitration Fairness Act

Our fight for justice was forced into a privatized system known as arbitration.  Businesses and corporations bury Binding Mandatory Arbitration clauses in contracts for countless products and services including credit cards, new homes, and cars.  These clauses force you to surrender your rights to seek justice through the courts.

Binding Mandatory Arbitration left our fate in the hands of an arbitrator, whose bias and incompetence was displayed by his lack of knowledge and disregard for the facts.  We presented indisputable evidence that proved the builder committed fraud.  Defying logic, the arbitrator’s final decision stated that all the defects in the house were our fault.   We requested an explanation of the unfair decision but the arbitrator provided nothing.

Tell Your Senators and Representative to Cosponsor the Arbitration Fairness Act

Leslie and I have spent all of our life savings on arbitration.  We are left with a house that no one will buy and with no recourse of action.  Corporations argue that arbitration is faster and cheaper than our legal system.  However the arbitration process took over two years and cost us $40,000!

How can you ensure that this does not happen to you?

Senator Russ Feingold (D, WI) and Congressman Hank Johnson (D, GA) have introduced the Arbitration Fairness Act of 2007.  This legislation would eliminate these Binding Mandatory Arbitration clauses in consumer contracts.  I am asking you to take a moment and ask your Senators and Represenative in Congress to cosponsor the bill. 

Do not let the same abuse of justice happen to anymore unsuspecting Americans.  With your help we can eliminate Binding Mandatory Arbitration for good and save countless more Americans from being hoodwinked by fine print.

Tell Your Senators and Representative to Cosponsor the Arbitration Fairness Act

Thank you for joining me in this effort,

Scott
Scott Kimbell
Jefferson, Georgia