Asbestos victims need protections and access to the courts! – National Consumers League

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SG_HEADSHOT.jpgLast week, I attended a forum with victims of medical malpractice and relatives of those exposed to asbestos who would not have gotten their day in court had the bills before the House been law. Susan Vento, the wife of the late Congressman Bruce Vento (D-MN), who died of mesothelioma, spoke against the bills. Mesothelioma is a fatal lung disease caused by exposure to asbestos. Bruce Vento, who served 24 years in the House, was exposed while working in an asbestos factory in his 20’s.  

Annually, 3,000 people are diagnosed with mesothelioma, many of them are veterans who have inhaled asbestos fibers while on the job. The Chamber is pushing, “Furthering Asbestos Claims Transparency (FACT) Act of 2017, requiring volumes of disclosure from victims who file asbestos claims, but none from the companies responsible for causing the health issues. Thus, the bill makes it considerably more difficult and time-consuming for mesothelioma patients to be compensated by negligent companies. That’s the point and the goal!

We will be fighting back on behalf of victims of asbestos this week and supporting a number of bills to keep the courts accessible to consumers and not give protections to companies who engage in illegal and immoral activities practices. We stand with consumers.

On Tuesday, March 7, NCL joined other consumers and legislators to celebrate the introduction of seven pro-consumer bills. The pro-consumer arbitration bills are: Arbitration Fairness Act, Court Legal Access and Student Support (CLASS) Act, Justice for Servicemembers Act, Justice for Victims of Fraud Act, Mandatory Arbitration Transparency Act, and the Restoring Statutory Rights and Interests of the States Act.

 

House ACA replacement plan would have a devastating impact on consumers – National Consumers League

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March 7, 2017

Contact: NCL Communications, Cindy Hoang, cindyh@nclnet.org, (202) 207-2832

Washington, DC—The following statement can be attributed to NCL’s Executive Director Sally Greenberg:

“The House Republicans’ Affordable Care Act (ACA) repeal bill released last night would have a devastating impact on millions of consumers. The bill guts the ACA by repealing the cost-sharing subsidies that helped low-income people afford health insurance, ends the Medicaid expansion in 2020, and institutes Medicaid per-capita caps, which will inevitably lead to the rationing of care to our nation’s most vulnerable citizens. 

In addition, the bill would strip Planned Parenthood clinics of federal funding through Medicaid and other government programs for one year, preventing over 2.5 million people from accessing critical preventive care such as cancer screenings, birth control, STI testing, and other essential health services.

The Republican Congress’ attempt to rush the replacement bill to a vote without a CBO score or a single public hearing on the implications of the bill is indefensible. The National Consumers League joins with our colleagues in the advocacy community in demanding that the bill be subject to a transparent process – including public hearings – before such sweeping changes to the ACA and Medicaid are considered. The American people deserve to know how this proposed legislation will affect their health.” 

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About the National Consumers League

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.

           

Statement of the National Consumers League supporting legislation to crack down on forced arbitration – National Consumers League

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March 6, 2017

Pro-consumer Senators and House Reps to introduce multiple consumer bills Tuesday 

Contact: NCL Communications, Cindy Hoang, cindyh@nclnet.org, (202) 207-2832

Washington, DC—The National Consumers League is in full support of pro-consumer and worker legislation to ban mandatory forced arbitration.       

Top Senate and House Democrats will hold a press conference March 7 to introduce legislation to stop the use of unfair forced arbitration clauses, which are widely used by corporations to limit consumers’ and employees’ access to justice. NCL believes that these clauses give a green light to companies to commit illegal activities knowing they won’t be held accountable in a court of law.

Two prime examples are Wells Fargo Bank, which forced its customers to sign arbitration agreements only to open millions of fake accounts in the customers’ names and then shield themselves from liability through forced arbitration. Sterling Jewelers, the subject of a lengthy Washington Post story last week and a class action law suit, from the CEO on down, is alleged to have subjected thousands of women employees to unwanted sexual advances as a condition of employment and promotion, and created a hostile environment. All employees were forced to sign a mandatory arbitration agreement and cannot go to court to vindicate their claims. Sterling has thus shielded its outrageous corporate practices being heard in court. 

At tomorrow’s press conference, lawmakers will be joined by individuals who have been personally harmed by forced arbitration, including former Fox News anchor Gretchen Carlson. 

From nursing home contracts and employment agreements to credit card and cell phone contracts, Corporate America uses forced arbitration clauses to restrict Americans’ access to justice by stripping consumers and workers of their right to go to court. Instead, consumers and workers are forced into an arbitration system where corporations can write the rules; everything can be done in secret, without public rulings; discovery can be limited, making it hard for consumers to get the evidence they need to prove their case; and there’s no meaningful judicial review, so consumers and employees are often unable to appeal a decision even if the arbitrator gets it wrong. 

Senate and House Democrats will reintroduce and discuss legislation aimed at limiting forced arbitration in a wide variety contexts. The League applauds Senator Al Franken (D-MN), Senator Patrick Leahy (D-VT), Senator Dick Durbin (D-IL), Senator Sheldon Whitehouse (D-RI), Senator Richard Blumenthal (D-CT), Congressman Hank Johnson (D-GA), Congressman David Cicilline (D-RI), and Congressman Brad Sherman (D-CA) for their leadership on these issues. 

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About the National Consumers League

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.

 

The assault on consumer rights moves into high gear – National Consumers League

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SG_HEADSHOT.jpgThis past week, the National Consumers League (NCL) took its working capital out of Wells Fargo Bank and deposited it with the pro-consumer and pro-worker Bank of Labor. We did this for several reasons. One of the primary reasons is that Wells Fargo forced its staff to open more than 2 million phony bank accounts without their customers’ consent to generate fees and penalties. We moved the money to Bank of Labor because BOL does not have a provision – known as forced mandatory arbitration – in its contract with its customers who bank there. It is also union-owned and unionized. 

Forced arbitration clauses are intended to protect banks and other corporations from having to defend illegal practices in a court of law. Instead, customers are prevented from going to court; the corporation provides the private arbitration forum, controls the process, and there is no requirement that arbitrators follow the law and or provide a right of appeal. And for now, it’s legal because the current Supreme Court says it is.  That means that there is no formal record, no legal precedents are set and everything is done in the secrecy of a private arbitration. That is bad for consumers and bad for our legal system. 

Mandatory arbitration is part of a decades-long campaign waged by the Chamber of Commerce and corporate American against consumer rights. But now, with majorities in both Houses of Congress who are allies with the Chamber, and the White House in the hands of Donald Trump, the Chamber smells blood and is moving with alacrity to enact multiple anti-consumer bills. And they are skipping basic legislative procedures by forgoing hearings and moving simply to vote the bills out of committee en masse and to the House floor. 

The six bills are: H.R. 720, Lawsuit Abuse Reduction Act of 2017; H.R. 725, the Innocent Party Protection Party Act of 2017; H.R. 732, the Stop Settlement Slush Funds Act of 2017; H.R. 985, the Fairness in Class Action Litigation Act of 2017; H.R. 906, the Furthering Asbestos Claim Transparency (FACT) Act of 2017; and H.R. 1215, the Protecting Access to Care Act of 2017. All of them curtail consumer rights and all of them should be strongly opposed by consumers. 

Consumer Fraud Alert: Tax prep scams expected to rise for remainder of tax season – National Consumers League

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March 1, 2017

For release: March 1, 2017

Contact: NCL Communications, Cindy Hoang, cindyh@nclnet.org, (202) 207-2832

Washington, DC—The nation’s pioneering consumer advocacy organization is  issuing a warning for consumers about the tax preparation scams that are expected to plague taxpayers as they enter the height of tax season. With only seven weeks left to go before the April 18 deadline, more than 70 percent of taxpayers will turn to software or tax preparers to help prepare their returns. 

In 2014, the Treasury Inspector General for Tax Administration identified 2.1 million returns that claimed fraudulent refunds totaling more than $15.7 billion. In 2015 the Department of Justice shut down more than 35 fraudulent tax return preparers.

According to the National Consumers League (NCL), which operates Fraud.org, in a typical scam, an unscrupulous tax preparer may falsify a victim’s earnings, claim credits they did not earn, or even steal a consumer’s entire refund by having it deposited into a different account.

“To add insult to injury, getting caught up in a tax preparer scam will not just cheat you out of your refund and scam you into paying bogus fees,” said NCL’s John Breyault, NCL vice president, public policy, telecommunications and fraud. “It can also expose consumer victims to the liabilities including hefty fines and even imprisonment associated with the criminal offense of filing a fraudulent tax return.”

According to the consumer group, the vast majority of tax preparers are honest, but that doesn’t mean consumers can trust their taxes and personal information to just anyone. Tax experts advise that you give the same attention to selecting your tax preparer as you would to selecting a doctor. Here are some helpful hints to find a great provider you can trust:

  • Take advantage of free and trustworthy tax help. If you make less than $54,000 per year, you probably qualify for free in-person help through Volunteer Income Tax Assistance (VITA) Programs. These programs are staffed with IRS-certified volunteers who will help you file and get the refund you deserve. To find a local VITA click here.

  • File for free with IRS Free File. If you make less than $64,000 per year, you qualify for online help through the IRS’s Free File program. This program allows you to use free, name-brand tax filing software for your federal return. To get started, click here.

  • Ask around. If you don’t qualify for any of the free programs, ask your trusted friends and relatives who they go to for tax preparation and whether they would recommend their services.

NCL also offered red flags for consumers that they may be dealing with a fraudulent tax preparer:

  • The tax preparer fails to make available his or her Preparer Tax Identification Number (PTIN). In order to file taxes professionally, the IRS requires preparers to have a PTIN. You can check to see if your tax preparer has a PTIN and other credentials and qualifications by checking the IRS’s tax preparer directory.

  • The preparer asks the consumer to sign a blank tax return. If your tax preparer asks you to sign a blank tax return, he is probably trying to pull a fast one on you. A signed blank return enables a con artist to later fill in your tax forms with credits you did not earn.

  • The preparer doesn’t require W-2s. An unscrupulous tax preparer may say your last pay stub is sufficient, but that is not the case. A legitimate preparer will always need your W-2s to file a return.

At Fraud.org, NCL offers resources and advice for those who may have fallen victim to other forms of tax fraud. To read the alert and learn more about tax prep scams, click here.

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About the National Consumers League

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.

 

Consumer / activist groups and Wells Fargo victims target Wells Fargo over forced arbitration – National Consumers League

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February 27, 2017

Groups release letter to Wells Fargo CEO Sloan, call on Wells Fargo to stop forcing customers and workers to surrender Constitutional rights

Contact: Rosemary Shahan, CARS Foundation, 530-759-9440; Joe Ridout, Consumer Action, 415-777-9648 ext. 705; Carol McKay, National Consumers League, 412-945-3242, carolm@nclnet.org

Washington, DC, Sacramento, CA, San Francisco, CA–In news events across the nation, in Washington, DC, and at Wells Fargo’s headquarters in San Francisco, consumer and activist organizations closed their accounts with Wells Fargo, to protest the bank’s refusal to stop imposing a “rip-off clause” forcing its customers and workers to surrender their constitutional rights, to obtain services or employment.

The organizations also released a letter from a broad-based coalition of groups calling on Wells Fargo’s CEO Sloan to cease forcing its customers and workers to submit to forced arbitration. The bank continues to resist calls from pro-consumer leaders such as Senators Sherrod Brown (D-OH), Elizabeth Warren (D-MA), and Representative Maxine Waters (D-CA),  and the editors of leading newspapers for the bank to free its customers and employees to pursue cases before a court of law, particularly regarding millions of accounts set up without their permission, through identity theft, forgery, and fraud.

“After six years of banking with Wells Fargo, we’re switching to another bank that respects the the constitutional rights of its customers and workers,” said Sally Greenberg, Executive Director of the National Consumers League, based in Washington, DC. The League already established a new account at Bank of Labor, which does not impose forced arbitration, and  is closing its account at Wells Fargo, withdrawing its working capital, of approximately $1.8 million.

The GOP-controlled Congress and the Trump administration are threatening to fire Richard Cordray, the Director of the Consumer Financial Protection Bureau, who has a long record of protecting consumers.  Under his leadership, the CFPB has succeeded in forcing  banks to refund over $11.8 billion to consumers who were wronged.

“They want to replace Richard Cordray with someone who will let crooked banks like Wells Fargo get away with charging consumers billions of dollars through engaging in illegal practices. So it’s up to each of us to act, to protect ourselves and also send the message we won’t tolerate crooked bankers,” said Rosemary Shahan, President of the Consumers for Auto Reliability and Safety  (CARS) Foundation. The group unveiled a new website, at “We DO Count.org” focusing on the campaign to make the switch from Wells Fargo to more consumer-friendly banks or credit unions.

“Wells Fargo opened up a credit card account without my authorization, and it ended up harming my credit and making many purchases, like a car, and even utilities a lot more expensive, for about five years,”  said Aaron Brodie, who was a freshman college student when Wells Fargo opened a credit card account without his permission, then refused to close it, after he requested that it be closed. He has sued Wells Fargo, and instead of doing what is right, Wells Fargo is seeking to force his case into arbitration.

“As long as Wells Fargo requires mandatory arbitration, there is nothing to stop Wells Fargo from violating the privacy rights of its customers and engaging in fraud,” said Byron Cooper, who closed his accounts with Wells Fargo as soon as he discovered the bank had opened two new accounts and shifted $25,000 from his checking account to his savings account — all without his authorization, and despite his insistence he did not want the new accounts. The bank also changed his “free” checking account to one that charged $30 per month and required a minimum balance of $25,000 — also without his permission.

Joe Ridout, Consumer Services Manager for Consumer Action, personally hand-delivered the letter to the bank’s headquarters in San Francisco. Consumer Action also provided tips for consumers about how to find a banking institution or credit union that does not impose forced arbitration on its customers and workers, and also how to make the transition smoothly so that no payments are missed. “We believe many consumers will be pleasantly surprised to discover the higher interest they earn, and the fewer fees and abusive practices they face, once they switch to a more honest financial institution,” said Ridout.

Most credit unions don’t require arbitration. In 2015, the Pew Charitable Trust released a report that provides comparisons of banks, including whether they impose forced arbitration. While some of the policies may have changed, that report provides helpful guidance for choosing options that don’t impose arbitration.

Links to relevant documents:

“Wells Fargo Victims Deserve Their Day In Court,” Sacramento Bee Editorial, December 8, 2016

“Wells Fargo Blocks the Courthouse Door,” Des Moines Register Editorial, December 4, 2016

Consumer Action’s Tips for Consumers: How to Make the Switch from Wells Fargo

“Checks and Balances” by Pew Charitable Trust, May 2015

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About the National Consumers League

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.

Coalition urging consumers to walk away from Wells Fargo – National Consumers League

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NCL is part of a broad coalition of pro-consumer groups are launching a national campaign targeting Wells Fargo Bank over its illegal practices, and its denying customers and employees their constitutional rights under the 7th amendment to the U.S. Constitution, to hold businesses that engage in illegal practices accountable in a court of law. 

The organizations, including NCL, Consumers for Auto Reliability and Safety (CARS) Foundation, and Consumer Action, also released a letter from a broad-based coalition of groups calling on Wells Fargo’s CEO Timothy Sloan to cease forcing its customers and workers to submit to forced arbitration. The bank continues to resist calls from pro-consumer leaders such as Senators Sherrod Brown (D-OH), Elizabeth Warren (D-MA), and Representative Maxine Waters (D-CA), and the editors of leading newspapers for the bank to free its customers and employees to pursue cases before a court of law, particularly regarding millions of accounts set up without their permission, through identity theft, forgery, and fraud.

We talked to two consumers who fell victim to the bank’s illegal practices. Here are their stories:

Aaron, Texas
Victim of Wells Fargo’s illegal practice of establishing accounts without permission

Aaron works as an emergency dispatcher for the Fort Worth, Texas, police department. In 2011, when he was entering college in Bakersfield, California, as a freshman, he opened a checking account at a local Wells Fargo branch. His family had warned him about the dangers of using credit, and he had firmly decided that he did not want a credit card. However, without his permission, and without obtaining his signature, the bank employee also opened a credit card account.

When Aaron received the credit card in the mail, he contacted the bank and informed them that he wanted them to close the account. They refused to close it, but told him that he could simply not use the card, with no ill effects. He destroyed the credit card and thought that took care of the matter. What he did not realize was that every time he used his debit card and the charges went over the amount of available funds, fees were mounting in his credit card account, and he was being charged added interest and penalties. That account accumulated over $1300 in fees, which Aaron has refused to pay.

Wells Fargo reported the unpaid charges to credit reporting agencies, harming his credit. As a result, Aaron had to pay extra down payments and interest for car loans, make extra deposits for utilities, and incur other substantial costs. Wells Fargo refused to correct this wrong. Aaron is now suing Wells Fargo, and Wells Fargo is attempting to force him to submit to arbitration instead of being able to hold the bank accountable in court.

Byron, California
Victim of Wells Fargo’s illegal practice of establishing accounts without permission

Byron is a graduate of West Point and also an attorney who specializes in patent law. For about 20 years, he had a “free” checking account with Wells Fargo. In 2014, Bryon received a call from an employee at Wells Fargo who attempted to talk him into opening two new accounts – a savings account and a “high yield” account – which he had not requested or authorized. He told the employee that he did not want the accounts. Byron also sent an email stating that he did not want any new accounts.

The employee disregarded his expressed wishes, and opened up the new accounts. Wells Fargo also changed his “free” checking to an account that charged him $30 per month unless he maintained a balance of $25,000. Then the bank shifted $25,000 from his checking account into the savings account – also without his permission. The day after he found out that the accounts had been opened, he went in person to his local Wells Fargo branch and closed each of the accounts. It took about a day to arrange for direct deposits and automatic bill payments. He now does his banking with a credit union and several other banks.

Tips for switching

The coalition has put together tips for consumers who are also ready to walk away from Wells Fargo and its anti-consumer and worker practices. Get the tips from Consumer Action here.

Don’t miss out on this important tax credit – National Consumers League

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For taxpayers who claimed the Earned Income Tax Credit (EITC) or Additional Child Tax Credit (ACTC), this is the week that those refunds will start to arrive in bank accounts or on debit cards. Due to a new law designed to reduce rates of tax identity fraud, the IRS this year began holding refund checks for EITC and ACTC-eligible filers until February 15. Because of the President’s Day and other bank holidays, filers who applied for those credits won’t start seeing their refunds in their accounts until today. Impacted individuals can check the status of their refund online or on the IRS2Go mobile app.  

For many of these families, a tax refund can represent more than 30 percent of their annual household income, making any delays especially stressful. The EITC is one of the impactful poverty reduction programs in America. In the last year alone, the EITC lifted 6.5 million Americans out of poverty, including 3.3 million children. The program has also been found to grow local economies, particularly in low income metropolitan areas. It has one of the highest participation rates for such a program, with 79 percent of those eligible claiming the credit.

While that’s excellent. The more than 20 percent of those who are eligible for the EITC do not claim are potentially missing out on thousands of dollars in tax credit that they’re owed. Why is this? Unfortunately, millions of eligible families are missing out simply because they do not have all the information they need about the tax breaks available to them. The best way to get that information is to take advantage of free IRS tax preparation resources, like the Free File program and Volunteer Income Tax Assistance programs. With resources like these, individuals don’t have to guess about their eligibility. With the help of IRS-certified volunteers or the IRS EITC assistant, working families can make sure the EITC works just as hard for them.

NCL statement: Delayed tax refunds begin arriving for EITC/ACTC recipients – National Consumers League

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February 27, 2017

Don’t let refund delays keep you from claiming Tax Credit you deserve

Update

Washington, DC—While the IRS began issuing refunds for Earned Income Tax Credit and Additional Child Tax Credit recipients on February 15, the IRS has said that consumers should beginning to see those refunds appear in their bank accounts starting today.

The following statement is attributable to John Breyault, Vice President, Public Policy, Telecommunications, and Fraud at the National Consumers League.

“For families claiming the Earned Income Tax Credit (EITC) or the Additional Child Tax Credit (ACTC), a tax refund can account for as much as 30 percent of their annual incomes, making any delay in getting that refund a source of stress. However difficult, those impacted should soon start to receive their refunds. With the delay lifted, I encourage anyone yet to file to do so now and check if they are eligible for these important credits. Currently only four out of five eligible taxpayers claim the EITC every year. That means 20 percent of those eligible are potentially missing out on thousands of dollars in tax credits that they’re owed. These folks work hard. They should find out whether the EITC can work just as hard for them.”

Background

  • Statistics for Tax Returns with EITC broken down by state are available here.

  • Individuals can check to see if they are eligible for the EITC through the IRS EITC Assistant.

  • Consumers can check the status of their refund at irs.gov/refunds or the official IRS2Go mobile app.

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About the National Consumers League

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.

Press tele-conference at 10 am today followed by Downtown DC TV press event: Groups launching national campaign against Wells Fargo – National Consumers League

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February 27, 2017

PRESS TELE-CONFERENCE ADVISORY

*** Today at 10:00 AM Eastern. To be followed by TV press event, closing a major account at Wells Fargo branch at 1100 Connecticut Ave NW, Washington, DC 20036 at 11:00 AM Eastern. ***

Call-in: 877-216-1555
Passcode: 644955

Coalition Launches Campaign to Urge Consumers to Close Wells Fargo Bank Accounts Until the Bank Drops Forced Arbitration Requirements on Customers and Employees

Broad Coalition Will Release Letter to Wells Fargo Bank CEO 

For immediate release: Monday, February 27, 2017

Washington, DC, Sacramento, CA, and San Francisco, CA —  A broad coalition of pro-consumer groups are launching a national campaign targeting Wells Fargo Bank over its illegal practices, and its denying customers and employees their constitutional rights under the 7th amendment to the U.S. Constitution, to hold businesses that engage in illegal practices accountable in a court of law. 

The organizations will release a letter addressed to Wells Fargo CEO Timothy Sloan calling on the bank to cease imposing forced arbitration on its customers and workers.

One major consumer organization will announce that it is withdrawing its working capital, approx. $1.8 million, from Wells Fargo, closing its account with Wells Fargo, and switching to a more consumer-friendly bank that does not impose forced arbitration on its customers or employees.

Two victims of Wells Fargo will provide details about their personal experiences with the bank’s anti-consumer practices.

Tips will be provided about how to make the switch from Wells Fargo to banks and credit unions that do not impose forced arbitration.

EVENTS:

10 am Eastern Press Tele-conference: New national campaign targeting Wells Fargo.
Following tele-conference call, TV event: National Consumers League will close a major account at Wells Fargo branch at 1100 Connecticut Ave NW, Washington, DC 20036

DATE: Today, Monday, February 27, 10:00 AM Eastern

CALL-IN #: 877-216-1555, passcode 644955

SPEAKERS:

  • Sally Greenberg, Executive Director, National Consumers League
  • Rosemary Shahan, President, Consumers for Auto Reliability and Safety Foundation
  • Joe Ridout, Consumer Services Manager, Consumer Action
  • Two victims of Wells Fargo’s practice of opening accounts without permission
  • Attorney for one of the victims will be available to respond to legal questions about the litigation

*** NO Information Will Be Released Before the Morning of the Teleconference ***

News release, letter to Wells Fargo CEO Sloan, tips for consumers and other materials will be available today at: https://wedocount.org.   

Contact: Rosemary Shahan, President, CARS Foundation, 530-759-9440, or rs@carconsumers.org (Sacramento)
Sally Greenberg, Executive Director, National Consumers League, (202) 631-2301, sallyg@nclnet.org (Washington, DC) or Carol McKay, carolm@nclnet.org, (724) 799-5392

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About the National Consumers League

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.