FORT MYERS, Fla.--(BUSINESS WIRE)--SubscriberWise, the nation’s largest issuing CRA for the communications industry and the leading protector of children victimized by identity fraud, announced today the comprehensive and outrageous predatory tactics used by the USA car rental industry, and others, to ensure bad acts and bad behavior proliferate with impunity, and outside of the public’s view and scrutiny.
Listen to Enterprise agent eagerly announce the company’s arbitration policy designed to keep consumers far away from open court dockets and jury trials: https://soundcloud.com/user-370781554/howe-damage-recovery-unit-cannot-sue-no-due-process
“It’s a blow to justice and it’s a sad indictment that in the United States of America lawmakers have allowed forced arbitration clauses to be inconspicuously inserted into agreements that consumers engage in millions of times each day in this nation,” proclaimed David Howe, SubscriberWise founder and national child identity guardian. “Under no circumstance – none at all – should a victim who has been harmed by fraud, negligence, or any other civil or criminal wrong be denied due process in a court of law and by a jury of their peers."
“But that’s exactly what the USA car rental industry, along with myriads of other companies with substantial consumer complaints, is banking on – literally and figuratively – to continue lining their pockets with ill-gotten revenue from citizens and visitors who become prey to their shameful and greedy business practices," Howe asserted.
“And according to the National Association of Consumer Advocates, forced arbitration is preferred by companies because it benefits companies - not the employee or consumer,” continued Howe. Here are problems and dangers noted by consumer advocates:
- Individuals are often unaware they've agreed to forced arbitration. Most Americans have accepted goods or services or a job with forced arbitration as a condition; and yet, very few individuals report having noticed a forced arbitration clause in the terms of agreements or contracts they’ve accepted.
- Forced arbitration severely limits consumer options for resolving a dispute. Before any problem arises, you lock yourself into only one option—forced arbitration—for resolving all future disputes or problems. The contract typically also names the arbitration company that must be used – the one preferred by the company.
- Forced arbitration clauses generally bind the consumer—not the company. The way many forced arbitration clauses are written, the seller retains its rights to take any complaint to court while the consumer can only initiate arbitration.
- Arbitration is a private system without a judge, jury, or a right to an appeal. Arbitrators aren't required to take the law and legal precedent into account in making their decisions. There is no appeal or public review of decisions to ensure the arbitrator got it right.
- Employees cannot sue for discrimination, harassment, abuse, retaliation, or wrongful termination. In forced arbitration, the laws that protect us from discrimination based on age, sex, religion, race, disability, and unequal pay for equal work, such as the Civil Rights Act and the Equal Pay Act, become meaningless and unenforceable in court. Employees lose important protections for blowing the whistle on waste or fraud or for fighting retaliation for taking the family medical leave.
- Consumers cannot sue for negligence, defective products, or scams. Just by buying a product or service, consumers can lose their right to hold a company accountable. Even if a retirement account disappears, a home is dangerous and defective, or a loved one suffers harm in a nursing home, a forced arbitration clause means there is no right to take the company responsible to court.
Related: See the ‘wear and tear’ used to initially implicate Howe: https://www.businesswire.com/news/home/20161212006296/en/U.S.-Credit-Czar-SubscriberWise-Founder-David-Howe
“Yes, it’s time for lawmakers to ban forced arbitration through legislation that will protect the rights of individuals. It’s time to give citizens their constitutional right to due process of law without restricting access to civil and jury-trial litigation involving the public and with open dockets,” Howe concluded.
By incorporating years of communications performance data and decision models, including FICO's latest analytic technology (FICO 9 Score), SubscriberWise® delivers unprecedented predictive power with a fully compliant, score driven decision management system. SubscriberWise is a risk management preferred-solutions provider for the National Cable Television Cooperative (www.nctconline.org). The NCTC helps nearly 1000 members nationwide.
SubscriberWise is a U.S.A. federally registered trademark of the SubscriberWise Limited Liability Co.