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re: Anyone notice the subtle attack on NDAs and arbitration?

Posted on 11/16/17 at 10:39 pm to
Posted by MrCarton
Paradise Valley, MT
Member since Dec 2009
20231 posts
Posted on 11/16/17 at 10:39 pm to
quote:

one thing that really annoyed me was how the media and DEMs framed that bill/reg that would allow people consumers to break their contracts and sue collectively as a class.



One could not design a better marxist agenda than this.Eliminating self Agency in favor of class warfare.
This post was edited on 11/17/17 at 6:44 am
Posted by Tigerdev
Member since Feb 2013
12287 posts
Posted on 11/16/17 at 11:51 pm to
Wtf is that sound bite conservative foolishness? You cant sign away your civil rights... frick off
Posted by lammo
RIP LAMMO
Member since Aug 2005
9358 posts
Posted on 11/17/17 at 1:35 am to
Most consumer arbitrators are not a 3 man panel. The contract provides what arbitration service will be used, and the service assigns an arbiter. The service sure likes getting that steady business, too, and won't want to jeopardize it.

SFP is just being obstinate and trolling. Playing us with his Libertarian horse shite.
Posted by lammo
RIP LAMMO
Member since Aug 2005
9358 posts
Posted on 11/17/17 at 1:41 am to
No, outlaw forced arbitration as a condition to contracting for consumer services.
Posted by MrCarton
Paradise Valley, MT
Member since Dec 2009
20231 posts
Posted on 11/17/17 at 6:43 am to
quote:

Most arbitration agreements are not truly voluntary; they're usually snuck into the fine print of a multi-page contract.



Lol, "I signed it without reading it SO NOT VOLUNTARY OMG"

Oh wait, actually it's: "I signed without reading it AND ALSO I DON'T LIKE WHAT IT SAYS OMG NOT VOLUNTARY!!! 11!1"
This post was edited on 11/17/17 at 6:46 am
Posted by MrCarton
Paradise Valley, MT
Member since Dec 2009
20231 posts
Posted on 11/17/17 at 6:45 am to
quote:

Wtf is that sound bite conservative foolishness? You cant sign away your civil rights... frick off


Right. The guy arguing for your right to enter into a contract is "signing away civil rights". That makes sense. If you are fricking retarded.
This post was edited on 11/17/17 at 6:48 am
Posted by MrCarton
Paradise Valley, MT
Member since Dec 2009
20231 posts
Posted on 11/17/17 at 6:47 am to
quote:


SFP is just being obstinate and trolling. Playing us with his Libertarian horse shite.


This isn't even an exclusively libertarian position. Pretty much anyone to the right of John McCain should be on board with freedom of choice.

What a bunch of commies we have in here.
Posted by MrCarton
Paradise Valley, MT
Member since Dec 2009
20231 posts
Posted on 11/17/17 at 6:50 am to
quote:

You have no idea how this works in the real world. A regular customer can't change anything in the arbitration agreement.



Then walk away from the deal. It's that simple.


Lerd you people are turning into SJWs. It's amazing.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422567 posts
Posted on 11/17/17 at 8:01 am to
quote:

outlaw forced arbitration as a condition to contracting for consumer services.

define these terms

what is "forced" arbitration

what, specifically, is a "consumer service"
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422567 posts
Posted on 11/17/17 at 8:11 am to
i think the big myth, and it's often promoted by plaintiff-based attorneys (of which i am a part) is that these companies don't offer fair deals or try to settle pre-litigation. that's largely a myth

Wells Fargo screwed up. just because they have arbitration agreements doesn't mean that they're FORCING arbitration on their customers

hell, WF has already entered into a national class settlement for $142M. CNN link

quote:

A federal judge granted preliminary approval over the weekend for Wells Fargo's $142 million national class action settlement. The court ruled that the settlement, which covers fake accounts back to 2002, "fair, reasonable and adequate."


quote:

Wells Fargo has agreed to put more money in the settlement fund if less than $25 million is left for wronged customers after paying the lawyers, expenses and out-of-pocket costs.


they obviously didn't HAVE to, but they did.
This post was edited on 11/17/17 at 8:12 am
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422567 posts
Posted on 11/17/17 at 8:19 am to
quote:

You cant sign away your civil rights... frick off

yes you can

i see it every time i go to criminal court and watch people sign Boykin forms, especially when they give Alford pleas
Posted by Mudge87
NOLA
Member since Apr 2014
550 posts
Posted on 11/17/17 at 8:23 am to
(no message)
Posted by Sunbeam
Member since Dec 2016
2612 posts
Posted on 11/17/17 at 8:29 am to
quote:

i see it every time i go to criminal court and watch people sign Boykin forms, especially when they give Alford pleas



Yeah, ...... uh those things are bad, man.

That's the reason I started staying away from criminal court. Those darn Boykin forms.

I'd hang out there all the time, if they got rid of those things. Then they have the gall to pull that Alford stuff.

It's amazing they have as many people to show up as they do.
Posted by Centinel
Idaho
Member since Sep 2016
43337 posts
Posted on 11/17/17 at 8:41 am to
quote:

No, outlaw forced arbitration as a condition to contracting for consumer services.




No. There is no such thing as "forced" arbitration. Either you accept the contract or you do not.

Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422567 posts
Posted on 11/17/17 at 8:46 am to
that's why i'm curious how he defines "forced"

especially if this is an industry-wide issue for specific industries across multiple companies within those industries

it seems like it's a moving standard that has to look at each subset of each industry/service to see what the general practice is within that subset, and if a certain threshold of participants rely on arbitration, then it's illegal in that specific area only

that's going to be really hard to really get a solid framework of law moving forward
Posted by lammo
RIP LAMMO
Member since Aug 2005
9358 posts
Posted on 11/17/17 at 4:45 pm to
Arbitration agreements in contracts between consumers and companies that provide for-profit financial services, health care, transportation, entertainment, hospitality, and other such consumer services should be outlawed, IMO. If the cost of the service goes up as the result, so be it.
This post was edited on 11/17/17 at 4:52 pm
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422567 posts
Posted on 3/20/18 at 3:14 pm to
i'm just going to bump this, after another #TrumpTruffle made the news today
Posted by MrCarton
Paradise Valley, MT
Member since Dec 2009
20231 posts
Posted on 3/20/18 at 5:15 pm to
quote:

You're being very disingenuous here. Corporations are the ones drafting these contracts. They have armies of lawyers combing through these contracts making sure they are air-tight. The consumers who "agree" to these contract make split second decisions, which are most of the time not based on the terms of the contracts, to buy their products. The power imbalance in this situation is HUGE




I love this marxist rhetoric
Posted by texridder
The Woodlands, TX
Member since Oct 2017
14214 posts
Posted on 3/20/18 at 5:34 pm to
quote:

Court. I've been through arbitration and it's either 1 arbitrator or a panel. Very streamlined and thorough. Thank God I went through arbitration or I would have gotten completely fricked by a court.


Where you the employer or the employee?

What makes you say you would have been screwed if you went to court?
Posted by NC_Tigah
Carolinas
Member since Sep 2003
123942 posts
Posted on 3/20/18 at 5:38 pm to
quote:

only in the mind of crazy people can voluntary agreements "force" you to do something
As long as the "voluntary agreements" premise is valid, so is the "crazy people" part.
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