HomeLatest NewsFeatured HomebuildersHome Buyer ResourcesBinding ArbitrationResource LinksSubmit ComplaintsView ComplaintsTake Action 101!Report Mortgage FraudMortgage Fraud NewsForeclosure NewsConstruction DefectsHome DefectsPhoto GalleryFoundation ProblemsHomeowner Website LinksHOA Reform
Main Menu
Home
Latest News
Featured Homebuilders
Home Buyer Resources
Binding Arbitration
Resource Links
Submit Complaints
View Complaints
Take Action 101!
Report Mortgage Fraud
Mortgage Fraud News
Foreclosure News
Construction Defects
Home Defects
Photo Gallery
Foundation Problems
Homeowner Website Links
HOA Reform
Featured Topics
Builder Death Spiral
Report Mortgage Fraud
Foreclosure Special Report
Mold & New Home Guide
Special News Reports
Centex & Habitability
How Fast Can They Build Them?
TRCC Editorial
Texas TRCC Scandal
Texas Watch - Tell Lawmakers
TRCC Recommendations
Sandra Bullock
People's Lawyer
Prevent Nightmare Homes
Choice Homes
Smart Money
Weekly Update Message
HOBB Archives
About HOBB
Contact Us
Fair Use Notice
Legislative Work
Your House

 HOBB News Alerts
and Updates

Click Here to Subscribe

Support HOBB - Become a Sustaining Member
Who's Online
We have 1 guest online
ABC Special Report
Investigation: New Home Heartbreak
Trump - NAHB Homebuilders Shoddy Construction and Forced Arbitration
 

Outrageous! Buy a New Home - Dont Sue and Shut Up
Homebuilders will stop at nothing Now Buyers must agree not to Speak

Beware of New Builder Clause Homebuilder requires that homebuyer sign clauses forcing buyers to give up their constitutional rights.  Its a decision between constitutional rights and the American Dream. 

SEE: KB Warranty Conditions - Sign A Shut Up Agreement or No Repairs
PLUS: It's Your Choice, Homebuilder Contracts - Hold Harmless

Public Citizen - Locked out of courthouse
Thursday, 12 May 2005

Business-Backed Class Action Bill Locks Consumers Out of Court
Statement by Public Citizen President Joan Claybrook
This week, the Senate will debate one of the most unfair, anti-consumer bills that we’ve seen in years. This business-backed class action legislation (S. 5) will lock millions of consumers out of the courthouse. Business interests have spent tens of millions of dollars to pass it to avoid public accountability for fraud and deceptive practices.

Feb. 7, 2005
Business-Backed Class Action Bill Locks Consumers Out of Court Statement by Public Citizen President Joan Claybrook

This week, the Senate will debate one of the most unfair, anti-consumer bills that we’ve seen in years. This business-backed class action legislation (S. 5) will lock millions of consumers out of the courthouse. Business interests have spent tens of millions of dollars to pass it to avoid public accountability for fraud and deceptive practices.

Let me say that we recognize the class action system is not perfect. There are reforms that we favor, such as getting rid of collusive settlements that businesses like, but which provide little or no benefit for the class members. But such an important change can be made with freestanding legislation. It does not require a wholesale undercutting of the current class action system, as this bill would do.

As everyone knows, we’ve seen a landslide of corporate corruption and malfeasance in recent years. If this legislation passes, we’ll see even more consumer deception and market misbehavior, because many citizens will no longer have the means to hold unscrupulous business people to account. That is the goal of the 500 lobbyists working to pass this bill: to make it impossible for legitimate claims to be decided in court.

They claim this bill merely allows defendants to move state-filed class actions to federal court. But in fact, it creates a Catch-22 for consumers. Here’s why: The legislation will result in most multi-state class actions being heard in federal court. Under S. 5, defendant corporations will be able to force most state-filed class actions lawsuits, which are now heard in state courts, into overburdened federal courts. There, federal judges generally do not certify cases that are based on state consumer protection laws, which means the cases are blocked and can’t be considered on the merits. The result will deny millions of Americans justice for marketplace fraud and deceptive practices.

Consumers won’t be able to file individual suits or many single-state class action suits because in many cases the amount of recovery would be too small to warrant the expense of a lawsuit against a major national corporation with very deep pockets. So consumers will be locked out.

This is an issue of basic fair play. The American Revolution was fought, in part, over no access to the civil courts so that citizens could redress their grievances. This is a right that is essential in a democracy. But this right will, in many cases, literally be taken away by this legislation.

A coalition of more than 80 consumer, senior, environmental, labor and civil rights organizations – not to mention state and federal judge associations and many state attorneys general – oppose this legislation.

Some of us are urging the Senate to adopt two amendments that will help protect the legal rights of citizens should S. 5 become law. One, called the “consumer amendment,” will be offered by Sen. Jeff Bingaman and has increasing momentum. It is simply a procedural change to give federal judges the ability to certify multi-state lawsuits that are based on state law by selecting one state law for processing the case. If this simple measure is not adopted, then we will know that the true intent of this bill is to keep legitimate cases out of court.

The second amendment, to be offered by Sen. Edward Kennedy, would exempt discrimination cases and wage-and-hour disputes from the effects of this bill. Bill proponents have given no justification for including such cases in this legislation. It will only serve to delay cases or outright deny workers the pursuit of justice.

Today, you will hear about a number of state cases that demonstrate the absolute need for state class actions to remain a vibrant part of our judiciary. These cases show how plaintiffs were able to pursue justice in state courts – but the federal courts turned a blind eye to their plight because of procedural technicalities that only serve to shield corporate defendants from accountability.

 
< Prev   Next >
Search HOBB.org

Reckless Endangerment
BY: GRETCHEN MORGENSON
and JOSHUA ROSNER

Outsized Ambition, Greed and
Corruption Led to
Economic Armageddon


Amazon
Barnes & Noble

NPR Special Report
Part I Listen Now
Perry Home - No Warranty 
Part II Listen Now
Texas Favors Builders

Washington Post
The housing bubble, in four chapters
BusinessWeek Special Reports
Bonfire of the Builders
Homebuilders helped fuel the housing crisis
Housing: That Sinking Feeling

Texas Regulates Homebuyers
 
Texas Comptroller Condemns TRCC Builder Protection Agency
TRCC is the punishment phase of homeownership in Texas

Consumer Affairs Builder Complaints

 TRCC Implosion
 TRCC Shut Down
 Sunset Report

IS YOUR STATE NEXT?
As Goes Texas So Goes the Nation
Knowledge and Financial Responsibility are still Optional for Texas Home Builders

OUTSTANDING FOX4 REPORT
TRCC from Bad to Worse
Case of the Crooked House

TRCC AN ARRESTING EXPERIENCE
The Pat and Bob Egert Building & TRCC Experience 

Build it right the first time
An interview with Janet Ahmad

Bad Binding Arbitration Experience?
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
or call 1-210-402-6800

 Texas Homebuilder
Bob Perry Political Contributions

  The Agency Bob Perry Built
 TRCC Connection News
Tort Reform

NPR Interview - Perry's
Political influence movement.
Click to listen 

Texas Homebuyers
Fight for Rights

TRCC Abolish or Fix
or Pass Home Lemon Law
or
Homebuyers Bill of Rights

Pulte Homeowner Survey
Warranty & Mortgage Experience
 Click to participate

Special Money Report
Big Money and Shoddy Construction:Texas Home Buyers Left Out in the Cold
Read More
Read Report: Big Money…
Home Builder Money Source of Influence

top of page

© 2018 HomeOwners for Better Building
Joomla! is Free Software released under the GNU/GPL License.