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December 23, 2007

$27,200 leaks out of bottom of hot tub due to mandatory arbitration

Unfair arbitration clauses and the pain and suffering faced by employees, small farmers, franchisees and consumers are at least getting a day in the sunlight if not yet a day in court. In today's latest arbitration story in the Baltimore Sun column Consuming Interests, Dan Thanh Dang reports that Mandatory arbitration stacks deck against you:

"This is the single most important issue for consumers today," [Paul] Bland [staff attorney for Public Justice] said. "These arbitration clauses are popping up everywhere and the problem is that very, very few people are conscious of the issue. The vast majority of Americans don't read the fine print of contracts. Companies know that, rely on that and take advantage of that by slipping these clauses into the fine print." " ... When you sign a contract with an arbitration clause, you forfeit your right to sue. If more people knew it stripped them of their rights, there would be a lot more angry people."
Her story goes on to explain the problem faced by Earl Ross, trapped in an arbitration nightmare after an inept hot tub installer flooded his house:

Earl Ross, a 43-year-old graphic artist, found that out the hard way a couple of years ago after a contractor royally mucked up a hot tub installation at his Owings Mills home. Ross paid the installer almost $8,000 up front to do the job, but when it was completed, Ross said he came home to a spa half-full. "It leaked about 400 gallons of water every day into the foundation of my house," Ross said. "I had to hire someone else to redo the job. The second said the first guy didn't install a pipeline correctly. The seeping water damaged my stairwell and cinder blocks, which I paid a waterproofing company $7,200 to repair. "I also had to pay the second company $8,000 to fix the first guy's mistake," Ross said.
The story goes on to explain why arbitration is now being included in nearly every one-sided contract (ever try to amend a bank account or credit card or employment contract?):
Back in the day, the Federal Arbitration Act was applied only to settle disputes between two businesses. Instead of duking it out in expensive court battles, the two Goliaths would let a seemingly neutral third party judge the quarrel. In 1995, though, the U.S. Supreme Court expanded the act's scope to consumer cases. Soon, banks started adopting the clauses into contracts. In 1999, credit card companies followed suit. By 2001, all long-distance and cellular carriers joined the bandwagon, Bland said. What started off as an admirable concept to avoid a proliferation of lawsuits has morphed into a system that stacks the deck against consumers.
More information is available at the PIRG-backed givemebackmyrights.org.

Posted by Ed Mierzwinski at December 23, 2007 12:34 PM


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