Advice to get rid of that debt monkey on your back

Michelle Singletary award-winning Washington Post columnist discusses how consumers can manage debt and…

NCL statement on the passing of Ruth Bader Ginsburg

Sept. 21, 2020

Media contact: National Consumers League – Carol McKay, carolm@nclnet.org, (412) 945-3242 or Taun Sterling, tauns@nclnet.org, (202) 207-2832

Washington, DC—The National Consumers League (NCL) joins the nation in mourning the death of Supreme Court Justice Ruth Bader Ginsburg. Justice Ginsburg’s pioneering career as an attorney fighting gender discrimination in the 1960s and 70s, challenging norms about what women in the workplace “could or could not do,” and as a U.S. Supreme Court Justice serves as an example to Americans. In her 27 years on the Court, Justice Ginsburg championed the rights of women’s reproductive freedom, the right to form a union, and to be protected from marketplace abuses and promoted affirmative action, environmental regulations, and reasonable restrictions on guns.

Dubbed “the Notorious RBG,” the Justice became an icon for young women across America as a small-in-stature but a towering voice for rights and protections for women and People of Color. She worked out daily with a personal trainer, lifting weights and stretching; she fought off five bouts of cancer.

Though she was the mother of feminist jurisprudence, she was not a rigid ideologue. During a mock court case of the 1908 Muller vs. Oregon event at the Supreme Court, over which she presided, Ginsburg noted that the litigants in the 100-year-old case—including NCL’s Florence Kelley and Boston lawyer Louis Brandeis—who argued that laws saying women could not be forced to work more than 60 hours a week were not sexist. Having the law apply to only women was their “entering wedge” and the only opportunity to set maximum hours laws, Justice Ginsburg noted. Men went on to gain the same protections during the next decade.

Justice Ginsburg could be seen welcoming visitors to the Court and was especially gracious to those being sworn into the Supreme Court bar, an honor available to any lawyer in good standing who has a Supreme Court bar member to introduce them at special sessions held Court.

The National Consumers League is deeply saddened by the loss of such a powerful force on the Supreme Court of the United States. Her sense of justice and her influence on the Court won’t easily be replicated.

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About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

NCL concerned Congress seeks to approve unreviewed CDB products

Sept. 17, 2020

Media contact: National Consumers League – Carol McKay, carolm@nclnet.org, (412) 945-3242 or Taun Sterling, tauns@nclnet.org, (202) 207-2832

Washington, DC—On September 4, lawmakers introduced The Hemp and Hemp-derived CBD Consumer Protection and Market Stabilization Act of 2020 (HR 8179), which directs the U.S. Food and Drug Administration (FDA) to make hemp and hemp-derived CBD lawful as a dietary ingredient or dietary supplement. The National Consumers League (NCL) has long been concerned about the public health and safety risks posed by unapproved cannabis-derived products. NCL does not support legislation that seeks to bypass FDA’s authority and circumvent the scientific rigor of an FDA review.

Under current law, manufacturers and distributers of CBD products can already petition the FDA to review and approve a new ingredient for use as a dietary supplement (21 U.S.C. 350b). For FDA approval as a dietary supplement or new ingredient, manufacturers and distributors are required to submit scientific data, including any published studies, to provide a basis to conclude that a product is generally regarded as safe (GRAS). Unfortunately, there is a disconcerting lack of research and data about the safety of CBD products already in the market, whereby millions of consumers are using to self-treat serious and life-threatening ailments.

In response to the proliferation of unreviewed and untested CBD products in the market, NCL launched the Consumers for Safe CBD program to provide greater education to consumers about CBD. As demonstrated in a white paper published by NCL, cannabis companies tend to focus their research efforts on inexpensive, low-strength studies that are ultimately used for marketing purposes, not to enhance scientific knowledge or bring new proven therapies to patients. HR 1879 would further incentivize CBD manufacturers to forego the more rigorous and costly clinical trial process for developing an FDA-approved medicine.

NCL is concerned that CBD manufacturers and distributers making claims to treat certain medical issues will seek expedited approval of CBD products as a dietary supplement, instead of as a drug. Lawmakers should encourage the development of cannabis-based medicines that have undergone the rigor of randomized controlled clinical trials to learn more about how cannabis-derived therapies can both help and harm patients. This legislation seeks to fast-track the classification of CBD products as dietary supplements or ingredients without sufficient scientific data on their safety and efficacy, potentially placing consumers further at risk.

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About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

Delta and American ending change fees another victory for consumers

Media contact: National Consumers League – Carol McKay, carolm@nclnet.org, (412) 945-3242 or Taun Sterling, tauns@nclnet.org, (202) 207-2832

Washington, DC—The National Consumers League (NCL) today applauded Delta Airlines and American Airlines for their decisions to end ticket changes fees. The decision, prompted by United Airlines’ decision on Sunday to end change fees, comes after nearly a decade of advocacy by NCL and other consumer organizations to put an end to such outrageous fees.

While the end of change fees at the Big Three airlines is a victory for consumers, the airlines continue to collect billions of dollars in add-on fees for services such as baggage, seat reservations, and early boarding. In addition, low-cost carriers like Spirit and Frontier and smaller airlines like JetBlue, Hawaiian, and Alaska continue to charge exorbitant change fees.

The following statement is attributable to National Consumers League Executive Director Sally Greenberg:

Following United’s lead, Delta and American have taken the right step for their customers by ending change fees. Consumers often need to change a ticket reservation due to circumstances beyond their control. We don’t think they should be penalized to the tune of hundreds of dollars when life’s uncertainties interfere with travel plans.

While Delta has committed to ending change fees permanently and American has agreed to also end change fees on some international flights, more needs to be done to ensure that change fees are consigned to the dustbin of aviation industry history. The commitment to not charge change fees should be included in all three airlines’ contracts of carriage, the legally binding document that underpins each ticket. Without this action, we fear that the airlines will simply slide back into their old ways when the economy rebounds from the COVID-19 crisis or when a new CEO takes over.

Congress should also continue to push for legislation like the FAIR Fees Act, which will promote transparency and fairness in the air travel marketplace for all consumers, not just customers of the biggest airlines. NCL will continue to advocate for such common-sense consumer protection legislation.

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About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

United ending domestic change fees is welcome news and a challenge to the industry

Media contact: National Consumers League – Carol McKay, carolm@nclnet.org, (412) 945-3242 or Taun Sterling, tauns@nclnet.org, (202) 207-2832

Washington, DC—The National Consumers League (NCL), America’s pioneering consumer and worker advocacy organization, applauds United Airlines for its decision to permanently remove its $200 domestic change fee. The move comes after more than a decade of complaints by travelers and advocacy by consumer organizations like NCL who have urged the industry, the Department of Transportation, and Congress to rein in excessive, anti-competitive fees.

The following statement is attributable to National Consumers League Executive Director Sally Greenberg:

“We thank United Airlines for this bold policy change. United’s announcement is a victory for basic fairness in the air travel marketplace. The flying public has been beleaguered by hefty fees for everyday acts like changing an airline ticket, checking baggage, or reserving a particular seat on the plane. This comes at a critical time, as millions struggle financially due to the COVID-19 pandemic. United’s decision to end domestic change fees—and we take them at its word when it describes the change as permanent—is welcome news for airline passengers.

We also want to extend our thanks to fellow advocacy groups  and pro-consumer Members of Congress like Sen. Ed Markey (D-MA), Sen. Richard Blumenthal (D-CT) and Rep. Steve Cohen who have fought for consumers in Congress by championing the FAIR Fees Act. This common-sense bill would require airlines’ add-on fees to be proportional to their actual cost.

United Airlines should be applauded for listening and responding to consumer advocates.  NCL has long argued that change fees are an unnecessary and unfair money grab by the airlines, as it costs practically nothing to change a traveler’s reservation when the unexpected happens. We sincerely hope that other members of the airline industry, particularly the other two legacy carriers—American and Delta—will follow suit. Failing to do so will put them at risk of losing even more passengers to companies like United and Southwest that do right by their customers. NCL will continue to push for common-sense legislation that requires all airlines to resist using their considerable market power to gouge consumers on fees and penalties.”

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About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

Compromised access to the USPS could result in worsened health outcomes

Media contact: National Consumers League – Carol McKay, carolm@nclnet.org, (412) 945-3242 or Taun Sterling, tauns@nclnet.org, (202) 207-2832

Washington, DC—The National Consumers League (NCL), the nation’s pioneering consumer advocacy organization, is today expressing concern about recent cuts to funding for the United States Postal Service (USPS) and the impact this has on consumers’ access to critical lifesaving medications.

The USPS has already suffered setbacks due to deteriorating financial conditions, and most recently the significant delays caused by the COVID-19 pandemic. The vulnerable agency is now caught in the middle of political strife as the President ponders withholding funding for the USPS in upcoming COVID-19 relief legislation, in order to impede mail-in voting. The USPS is an essential service, and consumers rely on these services daily to pay their rent, receive wages and Social Security checks, and most importantly, receive prescription medications via mail-order pharmacies.

These developments have grave ramifications for older Americans, and particularly veterans, of whom 80 percent receive their medications through mail-order pharmacies, 90 percent of which are delivered via the USPS. The Department of Veterans Affairs (VA) proprietary mail-order pharmacy system, the Consolidated Mail Outpatient Pharmacy (CMOP), consists of a group of seven automated hub pharmacies. The CMOP processes nearly 500,000 prescriptions daily, and ships packages to more than 330,000 veterans each working day.

The VA has stated that changes in the USPS have delayed medication deliveries by 25 percent in the last year, and has experienced an influx of mail-order prescriptions as entry to VA facilities have been limited to curb the spread of COVID-19. Veterans in rural or remote areas often rely exclusively on mail-order prescriptions, and as older Americans are cautioned to quarantine and social distance throughout the pandemic, ensuring timely access to medication is ever more imperative. The VA is currently rushing to mitigate potential delays by temporarily converting its deliveries from USPS to UPS 2nd Day Air or FedEx. Additionally, the VA will set up a specialized USPS code, to help prioritize veteran prescription deliveries.

The VA has advised patients to request refills for their medications at least 10 days before their treatment course ends, to ensure timely delivery of medications. Disruptions in medication deliveries caused by a lack of funding to the USPS could drastically impact overall health outcomes and medication adherence. As the country navigates the COVID-19 pandemic, it is crucial that our most vulnerable have timely and adequate access to the medications they need to maintain their health and avert potential progression of disease.

The National Consumers League stands with the United States Postal Service workers, as they tirelessly work to provide essential services during these challenging times. We call on Congress to hold the Administration accountable to ensure that consumers maintain access to the essential USPS services on which they depend.

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About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

Reopening the economy prematurely has dire consequences for states

By NCL Health Policy intern Talia Zitner

The past month has seen a serious surge in reported coronavirus cases in the United States. It seems the virus is going to be with us for a while. Of states where COVID is spiking, the majority are in the South, many of which had ambitious reopening plans that are now being reconsidered.

Three of these states—Texas, Florida, and Arizona—have current surges. All three pushed to reopen their economies early in an attempt to “return to normal.” The current deluge in cases that resulted was due to a lack of continuing stay-at-home order and a failure to require masks.

Texas officially started Phase 1 of its reopening plan on May 1, but—as of June 26—had to retract much of the opening that it had started. In total, Texas was only able to reopen the state for 55 days. As of July 27, Texas has seen an average of 8,089 new cases of the coronavirus over a seven-day period. Compared to cases in April, when there were 814, this is astounding. Texas Governor Greg Abbott (R) has since ordered everyone to start wearing face masks and has limited the size of public gatherings.

It does not appear that Texas will shut down again, however. As the governor said, “we need to refocus on slowing the spread, but this time we want to do it without closing down Texas again.” Although it is an issue of public health, the issuance of a statewide masking policy and the staggered re-opening of the economy has become a matter of contention across party lines. Some residents find the Governor’s actions to be inadequate, and others feel as if the newly implemented precautions impede their personal liberties.

Florida and Arizona are not faring much better. As of April, Florida had 1,027 cases reported. In July, it was 6,563. Florida started its reopening plan on May 4 and entered into Phase 2 on June 5. Clearly, cases have surged.

Earlier this week, Florida reported 8,892 new COVID-19 cases. Like Texas, there seems to be a mixed reaction among Florida representatives to slow the spread of the virus. Senator Rick Scott (R) has been vocal about his intentions for Florida, and it appears the state will not roll back any of its reopening course. As Senator Scott put it a couple of months ago, “wearing a mask is a choice you get to make.”

Like Texas and Florida, Arizona is hurting badly, with only 115 in April surging to 4,753 cases in July. Arizona’s stay-at-home order lasted until May 15, and was replaced by the new Stay Healthy, Return Smarter, Return Stronger Executive Order, on May 16. When Arizona first reopened, Governor Doug Ducey did not require residents to wear face masks, but as the case numbers increased, he allowed local governments to set their own masking policies. As of July 1, officials said that Arizona saw the highest rate of new cases in the entire country.

Many public officials are starting to realize opening too soon was foolhardy and has spread the virus. New revelations by scientists show the virus can actually be airborne, urging those to take indoor transmission more seriously. The virus is also proving to be more of a blood vessel disease than solely a respiratory one, which may lead to long-term impacts that doctors are still learning about.

There’s one takeaway here: following the example of states like Texas, Florida, and Arizona is not recommended. The more seriously states take this crisis the better, and the sooner the entire country will be able to move towards a newer, safer “normal”.

Talia is a Washington, DC native and a rising sophomore at Wesleyan University, where she is studying English. Beyond health policy, Talia’s interests are in journalism, law, and social justice.

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Scammers coming out of woodwork to prey on vulnerable

Today’s economic news is grim. Nearly 40 million Americans have found themselves without employment due to the COVID-19 pandemic. For the newly jobless, state unemployment insurance benefits are a lifeline that helps them keep the lights on and provide food for their families. Unfortunately, the combination of billions of dollars in federal stimulus money flowing to state unemployment funds and the tens of millions of new claimants has created a once-in-a- lifetime opportunity for identity thieves: unemployment benefits scams.

According to the Secret Service and media reports, organized rings of criminals are working to siphon off unemployment insurance payments, potentially worth hundreds of millions of dollars, intended for workers who have been laid off due to the COVID-19 pandemic. In the state of Washington, for example, scammers reportedly made off with nearly $1.6 million in a single month. This scam is reportedly even affecting consumers who have not yet lost their jobs.

The recent spike in this type of scam is unfortunately not unique. When news captures the public’s attention—think major hurricanes, terrorist attacks, and economic slowdowns—scammers come out of the woodwork to take advantage of legitimate fears and concerns. In today’s coronavirus environment, there is an unprecedented opportunity for criminals to use the public’s fears about the virus and the resulting economic downturn to defraud consumers.

Since the pandemic began, NCL’s Fraud.org project has seen an uptick in complaints about a variety of scams preying on increasingly vulnerable, financially strapped, and fearful consumers.

“Scammers running phishing schemes, stimulus check fraud, and even pet adoption scams have all been working overtime to use the COVID-19 pandemic as a way to defraud consumers,” said John Breyault, director of NCL’s Fraud.org campaign. “We forecast these scams will continue to increase and evolve and are eager to get the word out about how Pennsylvanians can protect themselves.”

Over the last several months, NCL has devoted monthly Fraud Alerts to giving consumers the tools to spot and avoid some of the many types of scams related to COVID-19. Alerts have featured the most pernicious types of scams that are increasing due to coronavirus, ranging from job scams to increased reports of fraudulent robocall activity.

“As the coronavirus has upended daily life, robocall operators have quickly shifted to blasting out spam phone calls offering all manner of coronavirus-related products and services,” said Breyault. It’s estimated that at least one million robocalls per day are inundating Americans’ cell phones. Fraudulent robocallers are offering air duct sanitation services, work-from-home opportunities, cut-rate health insurance, and immune-system boosting nutritional supplements. Other robocalls have reportedly offered free insulin kits to diabetics, along with free coronavirus testing kits.

“At best, consumers who respond to these calls are setting themselves up to lose money for a non-existent product or service,” said Breyault. “At worst, delaying needed emergency treatments on the belief that a fake coronavirus treatment will save your life could be deadly to you and those you come into contact with.”

In May, NCL hosted a virtual fireside chat with Pennsylvania Attorney General Josh Shapiro and a panel of consumer protection experts on the growing threat of scams linked to the COVID-19 pandemic. NCL’s Breyault and AG Shapiro discussed what they are hearing from consumers, tactics for reaching the most vulnerable populations, and the importance of collaboration for getting key messages out to consumers.

“The work [NCL] is doing to get the word out is so important,” said General Shapiro. “There will be some people who hear my voice, and some people who hear your voice. But the key is that collectively we are warning people about scams and that we’re working together to share actual information—not myths—and not propaganda by one group or the other.”

Everything’s canceled. Now what?

The COVID-19 pandemic upended the daily rhythms for hundreds of millions of consumers, seemingly overnight. Airlines cancelled more than 90 percent of their flights. Gyms and health clubs closed en masse. Tens of thousands of concerts, Broadway shows, and sporting events have been cancelled or postponed indefinitely. What do all these businesses have in common?

They all take money from consumers in advance for services (e.g., flight, concerts, yoga classes) to be provided at some point in the future. For consumers, this meant that they have hundreds or even thousands of dollars tied up for services that cannot be provided due to COVID-related lockdowns.

While many businesses have done the right thing and refunded consumers, many have not. For example, many airlines have made obtaining refunds for canceled flights difficult even though Department of Transportation regulations require prompt refunds in the event a flight is cancelled. Big ticketing companies like Ticketmaster have given ticket-holders mixed messages on whether and how they can obtain refunds. And many gyms continue to collect membership fees even though they are closed to the public.

“There is no question that businesses are struggling with unprecedented difficulties due to the COVID-19 pandemic,” said John Breyault, NCL vice president of public policy, telecommunications, and fraud. “The airlines that are unable to fly still must maintain their airplanes and pay their employees. Ticketing companies facing canceled events are often at the mercy of promoters, artists, and sports leagues. But the needs of these businesses must be weighed against the needs of consumers, tens of millions of whom are newly jobless and struggling to make ends meet.”

It is for this reason that NCL has been actively pressuring airlines and ticketing companies to promptly provide consumers with full refunds for cancelled and postponed flights and live events. NCL experts have contributed to dozens of newspaper, television, and radio interviews raising awareness about this problem and communicating the outrage they are hearing daily
from consumers.

“What consumers are being asked to do, essentially, is give airlines, ticketing giants, and other businesses long-term no-interest loans with no expectation for when the service they paid for will be provided,” said Breyault. “At a time when millions of families are wondering where the next mortgage or rent payment is going to come from, we can’t let unscrupulous businesses get away with that.”

In addition to raising alarm in the press, NCL has endorsed consumer protection legislation like the Cash Refunds for Coronavirus Cancellations Act of 2020. That bill, proposed by consumer champions like Senators Ed Markey, Richard Blumenthal, and Elizabeth Warren, would require airlines to refund the more than $10 billion on consumers’ money they are holding on to from cancelled flight reservations. NCL is also a long-time supporter of the Better Oversight of Secondary Sales and Accountability in Concert Ticketing Act of 2019 (BOSS ACT). That bill, introduced by Congressmen Bill Pascrell and Frank Pallone and Senator Blumenthal would require that any refunds provided for cancelled or postponed events include all ancillary fees paid.

With the return to a pre-COVID “normal” still far away, and new outbreaks expected in the fall, it is likely that consumers will continue to encounter difficulties receiving refunds for some time. NCL will continue to be on the front lines to make sure that consumers are not left holding the bag when big businesses cannot hold up their end of the bargain.