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H.R. 1443, The Consumer Fairness Act of 2007
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Visitor Comments
Cindy
Arbitration in consumer contracts is inherently biased because the companies do repeat business with the arbitrators or private arbitration firms. The very fact that a consumer's right to use the courts is removed puts the consumer at a disadvanage. Arbitration also hides numerous complaints in private corporate records so no one can find out, and make informed decisions about who they'll do business with. NO consumer contract should have a mandatory binding arbitration clause, and I'd especially like to see the clauses removed from home purchase contracts and home warranties. A house is WAY too expensive an item to hamstring the consumer when they get a lemon house.
John Cobarruvias
Thank God!
Arbitration has been studied in new home contracts for 6 years in Texas, and it has been found to be abusive and grossly expensive, yet our elected officials wont do anything.
Thank God Congress is taking action!
Nancy
Tens of thousands of home buyers have been harmed due to mandatory binding arbitration clauses in builder and third party warranty contracts. Secret agreements keep essential information from the public. How can we make informed business decisions if actions against companies are not made public? Give us back our constitutional rights to trial by jury!!
Charles
Pre-Dispute aribitration clauses in consumer contracts are inherently unfair. Arbitration clauses are often found in mortgage contracts leaving the borrowers absolutely helpless in defending against abusive mortgage debt collection practices, such as excessive and suspicious collection fees. Binding arbitration clauses are now found in automobile sales contracts putting consumers in a disadvantageous position in seeking recourse against auto dealers and manufacturers for defective automobiles and downright fraud. Pre-dispute arbitration clauses encourage shoddy construction and manufacturing practices.
Maureen
I totally agree with above 4 comments. Why would you need to force consumers to sign an aribitration clause if you delivered a well built home that did not require major repairs as mine has? The aribitration clause just hurts consumers. I can only trust that congress will pass this bill.
Lesley
The reality is that most consumers do not really contemplate the consequences of contractual dispute resolution mechanisms. Few then complain or take unfair terms to court, because of the relatively low monetary values involved, and because litigation is intimidating and uncertain. These arbitration clauses make it even easier for businesses to dissuade consumers from challenging poor service or standards, as they get to select the arbitration body and the route to court is almost certainly blocked. These tactics are particularly pernicious in online consumer contracts, as a way of protecting the seller in cross-border scenarios. But if you get rid of mandatory arbitration, you will see more choice of law and forum selection clauses. Clearly a stronger stance is needed not just on the substance of contracts, but on enforcement as well. The proposed legislation is a good start, but more is needed.
Rob Gunther
This is long overdue. It is amazing to contemplate the amount of criminal activity required to stir the pot. My Grandmother was defrauded by UBS Paine Webber and her Advisor. She reported the crimes to the appropraite authorities who did nothing. The fact is that the inclusion of these arbitration clauses should be an illegal and fraudulent activity on its own as the only true purpose is to conceal inappropriate activity from the public and to minimize the financial losses associated with the illegal activites that the contract creator knows will occur. To a non-lawyer like myself that seems to constitute fraud at the inception which ultimately invalidates the entire contract. This is acutally a legal bypas. Lets call it what it is.
Erika Rice
On Thursday I will get the opportunity to testify on behalf of all the consumers who have been wronged by unknowingly and unfairly signing an arbitration agreement. Here's hoping my voice can make a difference.