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NCL urges Congress to improve air travel as FAA reauthorization progresses

February 15, 2024

Media contact: National Consumers League – Melody Merin, melodym@nclnet.org, 202-207-2831

Washington, DC – Last week, the U.S. Senate Commerce Committee advanced the five-year reauthorization of the Federal Aviation Administration (FAA). The legislation does contain some victories for consumers, but it does not contain the deep reforms of an uncompetitive industry that are sorely needed.

“Passengers are crying out to Congress to implement real reforms that make flying less miserable,” said NCL Vice President of Public Policy, Telecommunications, and Fraud John Breyault. “The Senate Commerce Committee could have used its twice-a-decade opportunity to swing for the fences on behalf of the flying public. Unfortunately, they settled for a bunt single.”

NCL, in coalition with other consumer and passenger rights organizations, has called for stronger safeguards to be included in the FAA reauthorization bill for years. Last February, NCL and eight other advocacy groups sent a letter to House and Senate Commerce Committee leaders urging support for a range of critical reforms to the airline industry. Key among those demands was a change to allow state attorneys general to enforce consumer protection laws against airlines, something that federal law currently prohibits them from doing. Thirty-seven bipartisan state attorneys general have also supported this reform, which both the House of Representatives and the Senate have so far ignored in their bills.

“Congress is running out of time to get this right,” said Breyault. “We strongly urge members of the Senate to make protecting the flying public a bigger priority as this bill moves to a floor vote.”

Several of the passenger rights coalition’s other priorities were included in the bill reported out of the Senate Commerce Committee. These reforms include a requirement that children be seated with their family and caregivers without additional fees, a requirement that air travel vouchers not expire before five years, standards for refunds in the event of a delay or cancellation, minimum customer service call center requirements, and creating an assistant Secretary of Aviation Consumer Protection.

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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 nclnet.org.

NCL applauds CPSC’s vote on a historic table saw safety rule that could save up to $2.32 billion and prevent 50,000 grave table saw injuries each year

October 20, 2023

Media contact: National Consumers League – Melody Merin, melodym@nclnet.org, 202-207-2831

Washington, DC – The National Consumers League applauds the Consumer Product Safety Commission’s (CPSC) 3-1 vote on October 18, 2023, to move forward towards a mandatory safety standard for electric table saws, which cause 50,000 partial or full amputations each year and cost the health care system upwards of $2.3 billion a year.

“We thank Chairman Alex Hoehn Saric for his leadership and Commissioners Richard Trumka Jr. and Mary Boyle for their support,” said NCL’s CEO Sally Greenberg. “NCL has been working to get requirements for safer table saw designs since 2008. This is a very welcome development for a product that is so ubiquitous in American homes, while at the same time posing such a grave danger of injury. Over 20 years, table saws have injured one million people.”

NCL Board member and former Executive Director of the CPSC, Pamela Gilbert, noted that this vote is long overdue. “The technology to almost entirely do away with serious injuries from table saws has been available for over two decades. Members of the power tool industry, sadly, have resisted safer designs despite many opportunities to do so,” said Gilbert. “The delay has led to hundreds of thousands of permanent, debilitating injuries that could have been prevented. It’s time for the industry to step up and do the right thing for their customers.”

NCL noted that Commissioner Trumka is seeking information from leadership at seven power tool companies, including SawStop, which already incorporates Active Injury Mitigation to prevent serious table saw injuries, as called for in the proposed rule. He seeks their views on a faster implementation period than the 3 years called for in the proposed rule. Responses to his letter are due on November 15, 2023, and will prove interesting and instructive.

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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 nclnet.org.

NCL applauds Biden Administration’s continued actions to combat junk fees

October 11, 2023

Media contact: National Consumers League – Melody Merin, melodym@nclnet.org, 202-207-2831

Washington, D.C. – The National Consumers League (NCL), the nation’s oldest consumer advocacy organization, today applauded the White House’s announcement of additional whole-of-government efforts to crack down on hidden junk fees that drain consumers’ pocketbooks and reduce competition.

NCL singled out, in particular, the Federal Trade Commission’s (FTC) proposed rule prohibiting junk fees and bogus charges across the economy. NCL previously supported a petition urging the Commission to begin such a rulemaking. The League also praised the Consumer Financial Protection Bureau’s action to bar the imposition of fees on consumers seeking basic information, such as bank account balances or loan repayment information.

“Over the last two years, the Biden Administration has championed the cause of ridding the American economy of hidden charges and promoting economic competition on behalf of American consumers,” said NCL Chief Executive Officer (CEO) Sally Greenberg. “Thanks to consumer advocacy and the federal government’s efforts, many of the biggest banks have reduced or eliminated predatory overdraft fees. This Administration’s actions to address industry consolidation have also reinvigorated discussions about antitrust law and put fair treatment of average Americans as the focus of national policy. The League commends these agencies’ actions to protect consumers throughout the marketplace.”

NCL has been working with the White House, federal agencies, and partners in Congress to rein in the scourge of junk fees. Last month, NCL Vice President of Public Policy John Breyault testified before the U.S. House of Representatives on various ways to address the use of predatory fees in live event ticketing and hotels and short-term lodging. In June, NCL CEO Greenberg testified in the U.S. Senate on the need to end corporations’ “addiction” to junk fees. And in February, NCL joined 42 other advocacy organizations in comments to the FTC supporting a wide-sweeping federal regulation to prohibit the use of predatory and deceptive fees.

Today’s announcement comes just a few weeks after the FTC and U.S. Department of Justice completed the first stages of implementing new guidelines informing how the agencies evaluate whether business acquisitions and mergers would violate federal law. NCL’s comments supporting these new guidelines can be found here.

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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 nclnet.org.

NCL supports President Biden’s nominee for Administrator of the Federal Aviation Administration

October 3, 2023

Media contact: National Consumers League – Melody Merin, melodym@nclnet.org, 202-207-2831

Washington, D.C. – Today, the National Consumers League (NCL) urged the U.S. Senate to swiftly confirm President Biden’s nominee for Administrator of the Federal Aviation Administration (FAA), Michael G. Whitaker. Despite a growing number of problems under the FAA’s jurisdiction—including an alarming number of near-misses involving passenger aircraft—the Administration has lacked a Senate-confirmed Administrator for eighteen months. 

The following statement is attributable to NCL Chief Executive Officer Sally Greenberg: 

“The FAA has been without a permanent administrator for too long. Without strong leadership, the agency will struggle to fulfill critical consumer protection mandates, including Congress’s 2018 directive that the agency set minimum seat sizes on airplanes. The Senate should act to restore the full strength of the Administration and confirm Mr. Whitaker as FAA Administrator.”  

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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 nclnet.org.

NCL supports updated merger guidelines

September 20, 2023

Media contact: National Consumers League – Katie Brown, katie@nclnet.org, 202-823-8442

Washington, D.C. – The National Consumers League sent a letter in support of the draft merger guidelines that the U.S. Department of Justice  and the Federal Trade Commission proposed in July of this year. The guidelines reflect an approach to antitrust enforcement that is grounded in statute and judicial precedent and are a significant improvement from the narrower focus of previous enforcement regimes. By centering market competition as the goal of antitrust law, the DOJ and FTC can appropriately act to protect consumers and workers when mergers pose a threat to the public. 

The full letter can be found here.

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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 nclnet.org.

National Consumers League urges Ticketmaster to refund Springsteen fans

September 11, 2023

Media contact: National Consumers League – Melody Merin, melodym@nclnet.org, 202-207-2831

WASHINGTON, D.C. – The National Consumers League (“NCL”) today urged Ticketmaster to immediately offer refunds to fans who purchased tickets to Bruce Springsteen’s postponed concerts. Due to illness, the rock icon recently announced indefinite postponements of the remainder of the concerts currently scheduled for September. According to Ticketmaster’s Purchase Policy, consumers will only be able to obtain refunds when the postponed concerts are rescheduled for a date to be determined.

The following statement is attributable to NCL Chief Executive Officer, Sally Greenberg:

“Like millions of other fans, our best wishes go out to Bruce Springsteen in light of his pressing medical issues, and we wish him a speedy recovery. Throughout his career, he has put his fans first. However, given the announcement that multiple upcoming concerts have been postponed to a date to be determined, we are concerned that consumers are not being given the option by Ticketmaster to obtain refunds for their tickets. Due to Ticketmaster’s policies, millions of dollars in fans’ funds are stuck in limbo, potentially for months or even longer.

We understand that many of Springsteen’s fans may opt to hold onto their tickets and will plan to see The Boss when his concerts are rescheduled. Until then, Ticketmaster will almost certainly be earning interest on fans’ funds that are locked up due to the company’s refund policy. Essentially, due to its policies, Ticketmaster is forcing fans to give the company an interest-free loan for an indeterminate period. It is a bedrock consumer protection principle that when a consumer does not get a product she paid for, a prompt refund should be issued. Ticketmaster should give consumers the option to immediately obtain refunds not just for Bruce Springsteen’s concerts, but for all postponed events going forward.”

 

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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 nclnet.org.

NCL urges Senate committee to pass the College for All Act

August 28, 2023

Media contact: National Consumers League – Katie Brown, katie@nclnet.org, 202-823-8442

Washington, D.C. – Today, the National Consumers League (NCL) urged the U.S. Senate Committee on Finance to favorably report the College for All Act of 2023.

The National Consumers League1 (NCL) urges the U.S. Senate Committee on Finance to favorably report S.1963, or the College for All Act of 2023, without delay. The College for All Act would transform the nation’s system of higher education by allowing millions of students to pursue college degrees that they otherwise could not afford. Additionally, it would prevent student debt from continuing to burden future attendees of higher learning, a significant issue currently affecting graduates, individuals with partial educational attainment, and parents of students.” 

The full letter can be found here.

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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 nclnet.org.

National Consumers League response to the Request for Information regarding FDA regulation of CBD

August 25, 2023

Media contact: National Consumers League – Katie Brown, katie@nclnet.org, 202-823-8442

Washington, D.C. – On August 17, the National Consumers League responded to the Request for Information regarding FDA-Regulation of CBD.

In 2019, in response to the proliferation of unreviewed and untested CBD products, NCL identified the need for greater education among consumers about CBD and better enforcement of regulations in the CBD marketplace. NCL created Consumers for Safe CBD to address the need, champion the rights of consumers, and call on government and industry to do better – to ensure safety and promote a pathway for new products through clinically tested scientific research. Since then, action has been taken on the state and federal levels to increase access to cannabinoids beyond CBD. In response, NCL expanded our educational campaign and established Cannabis Consumer Watch.” 

The full letter can be found here.

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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 nclnet.org.

National Consumers League Live Event Ticketing Principles

By John Breyault, Vice President, Public Policy, Telecommunications, and Fraud

The ticketing industry is the gatekeeper to much of our nation’s arts, sports and culture. What should be an exciting moment—securing a seat for your favorite event —has become exceedingly frustrating for many consumers as they navigate a confusing ticket-buying process laden with hidden fees.

NCL works on behalf of fans for all live events to ensure that consumers get the best possible experience, the best bargain for their hard earned dollars and don’t feel they’ve been ripped off with gotcha added costs, like mandatory “convenience fees” “processing fees” “venue fees” or the like when purchasing live event tickets.

Consumers are at the mercy of a rigged ticket marketplace. One company – Live Nation Entertainment (LNE) — dominates the marketplace. The company was created after Ticketmaster and Live Nation were given the green light to merge by the Department of Justice in 2009, despite strong consumer and business opposition.  LNE today controls around 80% of primary ticketing services, owns or has exclusive rights to operate many venues, and has major positions in artist management and event promotion. In 2022, LNE reported $4.5 billion in revenue from ticket resale, more than double what it earned in 2019, making it one of the largest players in the secondary ticket market.

Not surprisingly, LNE engages in practices typical of monopolies, working to drive out competitors. NCL and other consumer groups are leading the charge to unwind the ill-advised 2009 merger of Live Nation and Ticketmaster and restore healthy competition to the marketplace.

NCL believes that ticket resale has a legitimate place in the live event marketplace. The availability of ticket resale services provides a hedge for consumers who buy season tickets or non-refundable tickets, and is also a source for ticket buyers to get bargains when supply outpaces demand, allowing them to save money on below-face value tickets.

Below are some general principles on ticketing that NCL supports.

  1. We want the DOJ and Congress to unwind the Ticketmaster-Live Nation merger.
  2. Hidden ticket fees, deceptive dark patterns, and other anticompetitive ticketing practices should be prohibited. “All in” ticket pricing should be required so that consumers can compare prices from one site to another.
  3. Ticket holdbacks (also known as allocations) should be disclosed to ticket buyers prior to purchase.
  4. Secondary ticket exchanges should be required to disclose the face value of tickets offered for sale on their platforms.
  5. Ticket resellers should be prohibited from engaging in deceptive practices that are deliberately intended to confuse consumers into believing they are buying tickets from the primary seller. Deceptive design practices such as using URLs or other indicia of affiliation with a venue, team, or artist and by paying for search engine optimization that results in resale websites appearing higher in search results than the official box offices should be prohibited.
  6. Secondary ticket exchanges should be required to closely monitor their ticket inventory to ensure that they are not listing tickets obtained in violation of federal or state laws.
  7. All stakeholders in the live event industry should be required to assist enforcement agency’s efforts to stop illegal automated ticket buying and resale.
  8. Federal or state law enforcement agencies should investigate how tickets appear on the secondary ticket market at prices far above face value before offered for sale by primary ticket sellers and whether such sales violate applicable laws.

To these ends, NCL has endorsed legislative reforms to protect ticket buyers and promote competition in the live event industry, such as the BOSS and SWIFT Act and the TICKET Act.

National Consumers League mourns death of Jon Cuneo

July 27, 2023

Media contact: National Consumers League – Katie Brown, katie@nclnet.org, 202-823-8442

Washington, D.C. – The National Consumers League’s Board of Directors and Staff is deeply saddened by the untimely death of anti-trust lawyer and consumer advocate Jonathan Cuneo. Jon practiced with the firm of Cuneo Gilbert & LaDuca, LLP in Washington DC with copartners Pamela Gilbert, herself a consumer advocate who currently serves on NCL’s Board of Directors, and Charles LaDuca.

“Jon’s reputation as a top notch litigator and consumer, worker and anti-trust lawyer was second to none. NCL counted Jon Cuneo as a close friend, supporter and ally in the fight for a better world for workers and consumers,” said Sally Greenberg and Joan Bray, NCL’s CEO and NCL Board Chair Joan Bray.

Jon served as Washington counsel in the first case to challenge the “Joe Camel” cigarette advertising campaign targeting young people to take up smoking, he took on Prudential Insurance Company for abusing policyholders through deceptive sales practices, and won a landmark case establishing the principle that “labels matter” under California’s Unfair Competition and False Advertising laws and is now a landmark of American law.

On the privacy front, Jon led the ligation against Metromail for privacy violations surrounding supermarket questionnaires. After a woman in Ohio received a sexually suggestive letter from a maximum security inmate in Texas, it came to light that the company had subcontracted for Texas prisoners to “key” the questionnaire information. The firm was able to secure injunctive relief, and a cash pool of $15 million was made available to victims.

“Jon’s extraordinary legal career includes many more cases than we can recount here. He was also a kind and generous colleague, father and husband. He and his wife also held legendary annual holiday party, an invitation to which was much coveted in Washington. Our sincere condolences go out to his family, law firm partners and the many people whose lives were touched by Jon Cuneo,” said Greenberg and Bray.

 

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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 nclnet.org.