Give Me Back My RIGHTS Campaign
A national campaign to stop Binding Mandatory Arbitration (BMA) has recently been mounted by a group of national consumer advocates to help shed light on the growing practice used by various corporations to place “You Can’t Sue Me” clauses in consumer contracts. The campaign, entitled "Give Me Back My Rights” is similar to, yet unaffiliated with my book, Give Me Back My Credit. The campaign’s website is: givemebackmyrights.com. Their message is clear--Stop binding mandatory arbitration, and stop stomping on our constitutional right to access the justice system.
It’s easy to understand why corporations are so eager to jump on the “You Can’t Sue Me” bandwagon while systematically making binding mandatory arbitration the norm. Essentially, BMA quietly sweeps settlements under the rug. Arbitrators are not bound by the law –or by legal precedents the way judges are. The rulings are made by an arbitrator, usually a retired judge, who hears both sides of the story and makes a decision that is confidential and binding to both parties. There is no precedent setting case law and there is no right to an appeal.
Buried in the fine print in the information pamphlets we receive, are often hidden clauses that specifically bar us from suing our credit card companies, insurance companies, banks, or even our computer manufacturers. (This includes both individual suits and class actions). Instead of filing a lawsuit, the consumer is required to submit all disputes to an arbitrator that is hired by the company, and the consumer is often expected to pay the arbitrator's fee too!
Making us waive our right to sue is just another way corporations place themselves above the laws that are created and intended to protect us. By taking away our right to gain access to the courts, corporations no longer have to worry about their wrongdoings being exposed. As a result, if they don’t adhere to governmental regulations, who will know about it? Access to the courts is our most effective means of holding companies accountable for their actions and forcing them to adhere to state and federal consumer protection laws. Binding mandatory arbitration does not afford us access to vital and relevant case law that might deter corporations from heaping the same abuses on others.
Without the threat of large fines or penalties for their potential negligence or recklessness, and without consumer access to the courts, corporations have little incentive to assume corporate responsibility. What will force them to take effective measures to ensure that our disputes are handled properly? Consumers now face the expense and duress of utilizing arbitrators who may or may not follow the letter of the law the same way that judges do when presiding over a lawsuit. What happens to our justice system when cases are settled behind closed doors and then confidentially swept under the proverbial rug, leaving not a shred of case law behind for the next victim to use when seeking justice? I can’t help but wonder what our founding fathers would think of this new method corporations have found to hide from accountability.
The Give Me Back My Rights Campaign involves both state and national legislative efforts and focuses on educating consumers about the way Corporations have systematically created their own private system of justice and how and why consumers need to fight to protect our rights.
In order to make this campaign work, they need your help. The Give Me Back My Rights Campaign needs consumer stories! Please go to givemebackmyrights and send your stories to Valkyrie@stopbma.com. The best way to shed light on any important social issue is to put a human face on it. Your story can help them–help us. Your story can illuminate what happens to consumers when we are denied access to justice and “You Can’t Sue Me” clauses are used to avoid accountability when consumers have been wronged.
Please read Why you should be afraid of mandatory arbitration agreements" posted by Cyrus Dugger. There, you will also find a true story written by Jordan Fogal of Houston TX “...if you were an arbitrator would you rule against your continuous meal ticket or against one poor homeowner who will probably never be able to afford another home in their lifetime?”
Thinking of buying a home? Beware! A must see... HOBB.org
For more insight see links at creditboards