One might think that protecting consumer rights would be a priority. After all, everyone is a consumer. But alas, it is not so...recent years have not been good ones for consumers.
Congress has pushed through legislation advocated or crafted by their Corporate masters, and the rights of consumers have been greatly weakened. Here's how to begin reversing the damage.
- Repeal, or greatly modify, the 2005 amendments to the bankruptcy code.
Why? Well, the new amendments do far more than attempt to "stop the abuse" of "deadbeats" trying to use bankruptcy as a means to avoid paying bills. They attempt to impose severe restrictions on attorneys who represent consumers. An attorney is expected to perform a "reasonable investigation" of his clients assertions, and an attorney's signature on a pleading, motion, or petition indicates that he believes all the information given by the debtor is true. Furthermore, the statute attempts to restrict the advice the attorney can give his client, an intrusion into the state's role in regulating attorney behavior, and possibly unconstitutional. What all this means is that debtors must have expert advise (probably a lawyer) because submitting information that isn't correct exposes him to draconian penalties, the attorney is forced to provide information designed to discourage debtors from seeking bankruptcy, and the statutes discourage attorneys from representing consumer debtors at all. And bankruptcy was one of the most regulated, tightly controlled fields for attorneys before the 2005 Act went into effect!
- Modify the Federal Arbitration Act to invalidate all binding arbitration provisions in consumer contracts.
The "freedom to contract" has been turned upside down by corporate interests intent on holding the consumer hostage and forcing him to waive constitutional rights for the sake of completing a commercial transaction. It needs to stop. Nearly every contract you sign, whether it is for a credit card, an End User License Agreement (EULA) for software, for registration at a members-only web site, or for a house you want built, nearly every one will contain a binding arbitration clause. Try to negotiate it out of the deal. Won't happen. So...what does that mean to you? First, some of the rights such as a extensive discovery and deposition of company executives, routinely allowed in courts may be foreclosed or severely curtailed in arbitration. The rights to appeal are much more limited. Transparency (i.e., the qualifications and history of the arbitrator(s)) is rare.
Arbitration was designed to allow parties operating on a high level of sophistication and equal (or nearly so) in resources to waive their right to trial in order to reduce expensive litigation costs and simplify disputes. However, many business to business deals are now reducing eliminating the binding arbitration provision while consumers are getting stuck with it. It is blantantly unfair to allow businesses, with the legal resources at their disposal, to take advantage of consumers who know less, have no time to devote to reading the contract (much less studying contract law), and who seem to trust that businesses will "do the right thing." I think it's time for Congress to do the right thing.
- Allow for greater remedies under ERISA, and allow states to pass remedies exceeding those available under ERISA.
Because of ERISA, a state cannot pass a law allowing you to sue an HMO for it's decisions concerning the coverage of its members. Enough said: protect the sick.
- Pass the recently proposed Net Neutrality law. (registration req'd).
Danger lurks. Keep the internet free.
- Remove Copyright protection from software that is licensed rather than sold.
Ever heard of the first sale doctrine of copyright? It allows you to re-sell your copy, copy your copy (for limited purposes), etc. Software vendors usually argue that the first sale doctrine doesn't apply to computer programs because those are licensed rather than sold. Some courts agree. Fine. Either sale the copy to the consumer or forfeit copyright protection.
- Repeal the anti-circumvention of the DMCA.
Basically, if you try to circumvent mechanisms designed to protect copyrighted material, absent some very narrow exceptions, you've violated the law. It might be your CD, but tough. Fair use exception...how can that apply to this? Do away with it.
- Pass and enforce the ban on lobbying activities.
- Stop protecting the interests of the middle-men in the digital download wars.
You know...I envision a day where artists of digital works publish their works to the web, which allows for the (relatively cheap)distribution, reproduction and marketing of their work. The middle-men were useful to help for marketing and distribution...until the advent of the internet made those things much cheaper and easier. What the RIAA doesn't really want you to know is that they base everything on a dying business model. Let it die.
- Crack down on predatory lending practices.
This also relates to the bankruptcy amendments. The thing is, usury laws are basically dead in this country. Some of the lending practices and rates charged are ridiculous. Crack down on it.
- Make it easier for attorneys to get paid.
Sounds stupid, right? Like attorneys need money or something. However, from bankruptcy to tort reform bills to class actions, new laws have been pass that make it difficult for attorneys to get paid for the work they do. Hey, if they file a stupid lawsuit, castigate them. But if a guy can't get paid working for the poor or the middle class, then he'll just go to work for the folks who already have money. Gee. Maybe that was the point.