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National Consumers League statement on on Appeals Court vacating DOL’s fiduciary rule – National Consumers League

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March 16, 2018

Contact: NCL Communications, Carol McKay, carolm@nclnet.org, (202) 207-2831

Washington, DC–In response to the news that the U.S. Department of Labor’s (DOL) fiduciary rule was struck down, in a 2-1 decision by two judges on the 5th Circuit Court of Appeals, Sally Greenberg, executive director of the National Consumers League, has issued the following statement: 

“The Fifth Circuit Court of Appeals, in a 2-1 vote with Chief Justice Carl Stewart offering a spirited dissent,[1] has issued a legally flawed decision that undoes a critically important Labor Department rule intended to protect the financial interests of retirees and other investors. Simply put, the DOL rule requires financial advisors to put the interests of their clients first. This seems pretty straightforward, but the Chamber of Commerce and other industry interests have consistently opposed this common sense requirement.

The majority misapplied the law, issued an opinion that conflicts with the decisions of every other court that has considered the rule, and discounted the dramatic changes in the retirement landscape over the last 40 years. The results could potentially cost retirement savers as much as $17 billion annually.

The Fifth Circuit’s decision is a setback for all investors, especially those planning for or currently in retirement. It also threatens the Labor Department’s ability to protect investors now and in the future. We urge the Justice Department to appeal this decision, put retirement savers’ interests first, and defend DOL’s authority to impose reasonable standards on those who make a living investing other people’s money.”

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[1] Judge Stewart notes, “That the DOL has extended its regulatory reach to cover more investment-advice fiduciaries and to impose additional conditions on conflicted transactions neither requires nor lends to the panel majority’s conclusion that it has acted contrary to Congress’s directive.”

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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 https://nclnet.org.

NCL statement on rollback of Dodd-Frank – National Consumers League

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March 15, 2018

Contact: NCL Communications, Carol McKay carolm@nclnet.org, (202) 207-2831

Washington, DC—The National Consumers League (NCL) today responded to the passage of new legislation that marks the “biggest loosening of financial regulations since the economic crisis a decade ago.”

The following statement may be attributed to NCL Executive Director Sally Greenberg:

“We regret that the Senate has endorsed a bill to roll back essential protections against ‘too-big-to-fail banks and other measures ensuring the stability of our financial markets. This move ignores the potential for reckless speculative activity by financial industry players who are too often focused on short-term gains and have no regard for the long-term implications of financial collapse for workers and consumers. We urge Congress not to repeat history and think about the long-term financial well-being of all of Americans, not just the financial services industry.”

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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 https://nclnet.org.

NCL statement on ‘inexcusable’ United Flight 1284 pet death

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March 13, 2018

Contact: NCL Communications, Carol McKay carolm@nclnet.org, (202) 207-2831

Washington, DC—The National Consumers League (NCL) today condemned the poor training and lack of oversight that contributed to the reported death of yet another beloved family pet on Monday’s United Airlines Flight 1284 from Houston to New York. The following statement is attributable to NCL Executive Director Sally Greenberg:

“Incidents like this one are inexcusable, and every member of the flying public should be outraged at United’s callous disregard for the safety of this family’s beloved pet. Consumers whose pockets are already being pinched by billions of dollars worth of add-on fees should not also have to worry about whether their pets will survive a flight. United was right to quickly apologize and take responsibility for this shocking event, but more needs to be done to ensure that this doesn’t happen again. United should invest in better training for its flight attendants so that they follow proper procedures regarding the safe transportation of pets and other animals. For the past two years, United has had the worst record on pet safety in the airline industry. The Department of Transportation needs to take seriously the issue of pet safety on United and other carriers and conduct a full investigation of this and other incidents of pet injuries and deaths on board the nation’s airlines.”

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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 https://nclnet.org.

NCL statement on Association Health Plans – National Consumers League

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March 8, 2018

Washington, DC–The National Consumers League is deeply concerned by the Trump Administration’s proposed rule that would broaden the purview of Association Health Plans (AHPs) and significantly alter the way in which they are regulated. This directive is another step towards the dismantling of the Affordable Care Act (ACA) under the guise of promoting “consumer choice,” and counteracts efforts to realizing a health system in which every American has access to quality, affordable health care.

Association Health Plans allow affiliated small businesses and employer trade associations to band together to sell low-cost plans to the individuals they represent. The proposed rule expands the definition of “employer,” which will allow businesses, associations, and self-employed individuals — regardless of affiliation — to join together for the sole purpose of offering health insurance.

While AHPs are less expensive, these savings are achieved through eliminating vital consumer protections and offering significantly less coverage. Under the proposed rule, AHPs will not have to adhere to the same standards as ACA-compliant plans, including the provision of essential health benefits that guarantee coverage of items and services such as mental health treatment, maternity and newborn care, and prescription drugs. They would also be exempt from cost-sharing rules that cap out-of-pocket spending on deductibles, copays, and coinsurance. Unfortunately, many consumers who buy these plans for their low premiums often do not realize until their healthcare needs change that they have purchased a plan that will not cover certain services. Consumers may be forced to forgo necessary care because of a prohibitive price tag or be left with astronomical debt due to the cost of uncovered services.  

Moreover, bolstering AHPs as a suitable alternative to ACA-compliant plans undermines and destabilizes the individual marketplace through heightening adverse selection. AHPs would likely attract younger and healthier individuals, exacerbating the risk pool, and leaving older, sicker individuals who need more robust care vulnerable to skyrocketing premiums and insufficient plan choice. The proposed rule also allows AHPs to establish rates or preclude coverage of certain services based on health status, work industry, age, or gender, which unduly places a broad range of consumers at risk for higher out-of-pocket costs.  

Prior to regulations established by the ACA, AHPs were historically wrought with fraud and predatory practices that left consumers with a litany of pervasive negative financial and health outcomes. The National Consumers League worries that the Trump Administration’s proposed rule would once again expand the pathway for AHPs to operate in a manner that puts consumer protection on the backburner and affordable health care out of reach for so many among us.  We remain committed to ensuring every American has meaningful health coverage and will continue to work with our colleagues to explore ways we can expand access to care without compromising quality.  

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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 https://nclnet.org.

NCL statement on demise of ATC privatization bill – National Consumers League

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March 1, 2018

Contact: NCL Communications, Carol McKay carolm@nclnet.org, (202) 207-2831

Washington, DC – On Tuesday, House Transportation Committee Chairman Bill Shuster (R-PA) announced that his proposal to privatize the Federal Aviation Administration’s critical air traffic control (ATC) function will not receive sufficient support to move the bill forward. The National Consumers League (NCL), which has long opposed the proposal to hand control over critical ATC infrastructure to an unaccountable body dominated by the nation’s largest airlines, welcomed the development.

The following statement is attributable to Sally Greenberg, NCL executive director:

“We are glad to see Chairman Shuster dropping this ill-conceived plan to allow the nation’s largest airlines to take over America’s air traffic control system. This is a win for the flying public. Congress should instead focus on restoring consumer rights and protections to the flying public. We urge the House to take up the Senate’s FAA reauthorization bill, which includes bipartisan support for the pro-consumer FAIR Fees Act that would help balance the scales and curb the industry’s ever-expanding appetite for fees and penalties that come at the expense of the flying public.”

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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 https://nclnet.org.

Child Labor Coalition joins calls for cleaner, more responsible jewelry supply chain – National Consumers League

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February 8, 2018

Contact: Reid Maki, Child Labor Coalition, (202) 207-2820, reidm@nclnet.org 

Washington, DC–The Child Labor Coalition (CLC) today joins nearly 30 NGOs and trade unions from around the world in calling on the jewelry industry to ensure responsible sourcing of precious metals and gems. One million children toil in mines, often extracting metals, including gold and silver, and gems like jade, emeralds, and diamonds. The work is extremely hazardous, putting children at risk of serious injury and death. Many child miners use toxic substances such as mercury that can cause severe damage to their developing neurological systems. Mining also causes profound ecological damage in many communities, polluting waterways and soil and endangering the health of communities.

“Consumers purchase nearly $300 billion in jewelry each year,” said Sally Greenberg, executive director of the National Consumers League (NCL) and co-chair of the CLC, whose 38 member organizations have worked to reduce child labor around the world for nearly three decades. “It’s time for jewelry companies to do more to provide consumers with jewelry that isn’t tainted with the scourges of child labor and forced labor. Existing mechanisms to clean up this supply chain have not gone far enough. It’s time for greater transparency. Jewelry companies must take responsibility for their supply chains.”

“The prevalence of child labor in the jewelry supply chains is a major concern,” said Reid Maki, NCL’s director of child labor advocacy and coordinator of the CLC. According to the U.S. Department of Labor, child labor is found in gold mining in 21 countries. Child labor is also used to produce silver in Bolivia, rubies and jade in Burma, and diamonds in six African countries. In the Philippines, children do compression mining of gold, submerged under muddy water while they breathe air through flimsy plastic hoses.

Today, the NGOs and trade unions are issuing a Call to Action to the jewelry industry calling on companies to:

  • Put in place and implement a robust supply chain due diligence policy;
  • Ensure full chain of custody over gold and diamonds by requiring evidence of business transactions and their transport routes from their suppliers;
  • Assess and respond to human rights risks throughout their supply chains, and ensuring that workers have a right to unionize and access to effective remedy;
  • Use independent third-party audits;
  • Publicly report on their human rights due diligence on an annual basis;
  • Publish the names of gold and diamond suppliers and their independent third-party audit mechanisms;
  • Actively seek gold and diamonds from artisanal and small-scale mines that are not associated with human rights violations and willing to formalize;
  • Improve human rights conditions in artisanal and small-scale mining communities;
  • Support multi-stakeholder initiatives designed to strengthen responsible minerals sourcing and work with mining cooperatives and trade unions.*

“Through this ‘Call to Action’ and the accompanying campaign, we hope to see real engagement and transformation of the jewelry industry,” said Judy Gearhart, executive director of the International Labor Rights Forum and chair of the CLC’s International Issues Committee.

The CLC also applauds Human Rights Watch’s new report, “The Hidden Cost of Jewelry: Human Rights in Supply Chains and the Responsibility of Jewelry Companies,” which examines the sourcing of gold and diamonds by 13 major jewelry and watch brands that generate more than $30 billion in annual revenue in the United States.

*The campaign action steps are spelled out in greater detail by Human Rights Watch on its web site.

About the Child Labor Coalition

The Child Labor Coalition, which has 38 member organizations, represents consumers, labor unions, educators, human rights and labor rights groups, child advocacy groups, and religious and women’s groups. It was established in 1989, and is co-chaired by the National Consumers League and the American Federation of Teachers. Its mission is to protect working youth and to promote legislation, programs, and initiatives to end child labor exploitation in the United States and abroad. The CLC’s website and membership list can be found at StopChildLabor.org.

 

NCL critical of CFPB’s decision to stop protecting consumers from massive data breaches

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February 6, 2018

Contact: NCL Communications, Carol McKay carolm@nclnet.org, (202) 207-2831

Washington, DC–Consumers should be extremely troubled by reports that Mick Mulvaney, acting director of the Consumer Financial Protection Bureau (CFPB), has stopped investigating the Equifax breach, which affected 143 million consumers’ accounts. Equifax’s mishandling of consumers’ most personal data increased the risk of identity fraud for millions of consumers.

The following statement is attributable to John Breyault, Vice President of Public Policy, Telecommunications and Fraud: 

“The mission of the CFPB is simple: to protect consumers. In the wake of one of America’s most damaging data breach, 143 million Americans are now at increased risk for becoming a victim of identity fraud. Victims of such crime can have their ability to borrow, get a job, or rent a home damaged for years. The idea that protecting consumers from data breaches and identity fraud is somehow beyond the scope of the CFPB is ridiculous. It’s time for the acting director of the CFPB to stop protecting businesses that harm Americans and fulfill the mission of its Congressionally-mandated mission. The CFPB must continue its investigation to make sure that a data breach like Equifax’s never happens again.”

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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 https://nclnet.org.

National Consumers League: Consumer agency independence vindicated by court ruling – National Consumers League

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February 1, 2018

Contact: NCL Communications, Carol McKay carolm@nclnet.org, (202) 207-2831

Washington, DC–The National Consumers League is calling the January 31, 2018 Court of Appeals decision “a vindication of the Consumer Financial Protection Bureau’s structure and mission.”

On Wednesday, in a 7-3 vote, the federal appeals court for the District of Columbia found that “Congress established the independent CFPB to curb fraud and promote transparency in consumer loans, home mortgages, personal credit cards, and retail banking.”

Comparing the independent structure of the Bureau to other federal agencies like the Federal Trade Commission, the court noted, “The Supreme Court eighty years ago sustained the constitutionality of the FTC, a consumer protection financial regulator with powers analogous to those of the CFPB in Humphrey’s Executor v. United States, 295 U.S. 602 (1935).  In doing so, the Court approved the very means of independence Congress used here: protection of agency leadership from at-will removal by the President.”

The National Consumers League strongly supported the creation of the CFPB, part of the 2008 Dodd Frank Wall Street Reform and Consumer Protection Act. The Bureau was established to oversee the activities of the financial services industry to ensure they abide by basic consumer protections.  The Bureau has returned $12 billion to consumers and has successfully curbed predatory payday loan, debt collection, student loan and mortgage fraud practices.

“We greatly appreciate this vindicating decision by a very influential federal court., said Sally Greenberg, the NCL’s Executive Director. “Indeed, we agree that the CFPB’s independent structure is critically important to keep it removed from political pressures and to allow the Bureau to do its job: protect consumers from predatory industry practices. Consumers have few allies looking after their interests when it comes to complicated financial transactions. The Bureau is one of the few of these institutions. We are very pleased that the court upheld its mission, structure and independence.”

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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 https://nclnet.org.

Fraud trends: Bogus Internet sales remain most-reported fraud for fifth year in a row; Fake check, phishing scams making a comeback

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February 1, 2018

Contact: NCL Communications, Carol McKay carolm@nclnet.org, (202) 207-2831

Washington, DC—The National Consumers League (NCL), the nation’s pioneering consumer advocacy organization, has released its annual compilation of the top ten scams reported to Fraud.org, NCL’s flagship project for fraud prevention and education. Based on an analysis of nearly 5,000 fraud complaints submitted by consumers to Fraud.org in 2017, NCL is warning consumers to beware Internet merchandise sales scams.

For the fifth year in a row, Internet merchandise scams topped the list of complaints reported to Fraud.org. The way many consumers first come into contact with these scams is via a “too good to be true” ad on a website, social media platform, or Internet forum. Popular ways scammers catch consumers’ eyes is with deep discounts on goods like iPhones, sneakers, luxury apparel, video game systems and even pets.

“The convenience of online shopping is simply unbeatable for many consumers,” said John Breyault, who directs Fraud.org. “Obviously there are plenty of legitimate companies online, but there are also fraudulent sellers out to cheat consumers—and they are very good at what they do.”

While the top scam didn’t change in 2017, other forms of fraud made sizeable gains. Year-over-year, complaints about fake check scams increased 12.55 percent and phishing/spoofing scams increased by 27.28 percent, respectively. The growth of fake check scam complaints is particularly worrisome, given that the 12.55 percent increase in 2017 followed a 15.16 percent increase in 2016.

In fake check scam scenarios, consumers are paid with realistic looking phony checks for work or for items they’re trying to sell and then are instructed to wire proceeds from the check back to buyer. Ultimately, the consumer is left responsible when their bank tells them the check is worthless. In phishing scams, emails appearing to be from a well-known, trusted source ask consumers to enter or confirm their personal information. Links or attachments lead consumers to equally trustworthy-looking websites that capture their data and use it to commit credit fraud and ID theft.

The increase in phishing and spoofing scams is raising advocates’ concerns that the proliferation of data breaches in recent years could be fueling the fraud.

“With each major data breach—think Yahoo!, Equifax, Uber, and others—our fear that the information criminals glean from such breaches will help them craft convincing phishing and spoofing campaigns rises,” said Breyault. “It’s probably too soon to make a definitive link, but complaints involving phishing and spoofing scams appear to on the rise, and this is a flag for those of us concerned about the long-term effects of data breaches.”

Another trend among 2017 consumer reports to Fraud.org was that Internet and email-based communication are overtaking the phone as scammers’ preferred method of initial contact. The telephone marginally beat out the Internet as the method of first contact for scammers (34.29 percent vs. 34.11 percent), but another 15 percent of consumers said they first heard from a scammer via email. Both web- and email-based methods of contact increased this year.

 “The fight against fraud is constantly evolving, as criminals refine their tactics for separating consumers from their hard-earned cash,” said NCL Executive Director Sally Greenberg. “We hope our annual list of top scams helps consumers know what to watch out for and avoid falling victim, especially since falling victim for one of these scams is apparently getting more costly.”

Read the full 2017 top ten scams report.

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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 https://nclnet.org.

NCL statement on CHIP reauthorization – National Consumers League

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January 24, 2018

Contact: Carol McKay, (202) 207-2831 or carolm@nclnet.org

Washington, DC–The National Consumers League (NCL) welcomes news that Congress and the Administration have reauthorized funding for the bipartisan Children’s Health Insurance Program (CHIP) for six years, as part of the temporary spending bill to end the government shutdown. After an unprecedented 114-day lapse in funding, the nine million children and pregnant women who rely on the program for life-saving care can be confident that their coverage will not be snatched away from them, and states who had been scrambling to bridge the gap in funding may finally move towards a state of normalcy. CHIP has been integral in decreasing the number of uninsured children and ultimately improving their health outcomes, by bringing access to regular doctor visits, immunizations, essential prescription medications, and emergency services within reach. While we are pleased that this most urgent need has been filled, we will remain steadfast in ensuring that support for the health and well-being of America’s children is never again subject to partisan, political gamesmanship.

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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.