NCL’s statement on Trump Administration’s proposed rule on Title X – National Consumers League

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August 1, 2018

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

Washington, DC—In response to the Trump Administration’s proposed rule on the Title X health care program, the National Consumers League (NCL) has issued the following statement, which may be attributed to Sally Greenberg, NCL executive director:

As a long-time supporter of the Title X Family Planning Program, the National Consumers League (NCL) has significant concerns about the Trump Administration’s Title X “Compliance with Statutory Program Requirements” proposed rule, that would restrict the ability of millions of patients to obtain contraception and preventative care. The proposed rule would also make it significantly more difficult for physicians to explain reproductive health care options, such as family planning services.

NCL strongly believes that the Title X Family Planning Program is integral in providing women and teenagers with reproductive and preventive healthcare services across the United States. In fact, Title X centers have helped to prevent 1 million unintended pregnancies each year. These centers are important because they provide a wide range of preventive healthcare services, such as: wellness exams, birth control, contraception education, and lifesaving cervical and breast cancer screenings.

If HHS implements the proposed rule, there will be extremely detrimental effects on patients in regions of the United States with limited access to health care, as well as economically distressed adults and teenagers without health insurance. If implemented, the proposed rule would seriously restrict the ability of clinicians to explain contraceptive and reproductive healthcare options to their patients. Healthcare education and information is key in order for consumers to make informed choices.

Furthermore, NCL is very concerned about the implications of this proposed rule when it comes to the millions of patients that use Title X services. This proposed rule could result in 40 percent of patients that currently visit Title X centers losing their healthcare services.

NCL urges HHS to analyze all the possible effects that this proposed rule could have on vulnerable populations in the United States before making such sweeping changes to the Title X health care program.

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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 FDA Importation Work Group – National Consumers League

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July 30, 2018

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

Washington, DC—In response to the recent request by Health and Human Services Secretary Alex Azar that the Food and Drug Administration (FDA) establish a working group to examine the possibility of importing prescription drugs, the National Consumers League has issued the following statement, which may be attributed to Sally Greenberg, NCL executive director:

While the National Consumers League (NCL) supports the Food and Drug Administration’s (FDA) goal of ensuring patient access to medically necessary drugs that are in shortage, we have significant concerns about allowing importation to address this challenge.

NCL believes that allowing importation could put patient health and safety at risk and lead us down a dangerous path. Every head of Health and Human Services and the FDA for the last 18 years has refused to certify the safety of drug importation. NCL fears that authorizing importation, even under limited circumstances to address drug shortages, would expose consumers to unknown risks and undermine the security of the U.S. pharmaceutical supply chain.

Furthermore, NCL is concerned that allowing importation will open the U.S. market to a flood of counterfeit and/or substandard drugs. Counterfeit medications made with deadly ingredients have been found in over 40 states across America, posing a significant public health threat. Allowing importation will only serve to exacerbate the challenge of preventing counterfeit drugs from reaching American patients.

Rather than considering importation, NCL encourages FDA to pursue other strategies to ensure the availability of multiple FDA-approved and marketed versions of medically necessary drugs.

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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.

Joint consumer advocacy letter urges senators to support bipartisan FAIR fees provision – National Consumers League

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July 25, 2018

The Honorable Mitch McConnell
Senate Majority Leader
United States Senate
317 Russell Senate Office Building
Washington, DC 20510

The Honorable Charles Schumer
Senate Minority Leader
United States Senate
322 Hart Senate Office Building
Washington, DC 20510

 

Dear Majority Leader McConnell and Minority Leader Schumer,

The undersigned 8 consumer advocacy organizations urge you to support the bipartisan FAIR Fees provision that was included in S.1405, the Federal Aviation Administration Reauthorization Act of 2017. This provision would help ensure that the ancillary fees which airlines are increasingly adding to the base cost of a ticket are reasonable.

Airlines often claim that the unbundling of fees for services like baggage and cancellation has reduced the cost of flying. However, an independent analysis by the Associated Press has found that base fares have increased by 5% once adjusted for inflation since 2010.[i] Likewise, the Government Accountability Office has found that the cost of flying has increased, once fees for checked baggage are included.[ii]

Under the FAIR Fees provision, section 3129 of the reported bill,[iii] airlines would be prevented from charging flight change and cancellation fees that are unreasonable and disproportionate to the cost of providing the service. The Department of Transportation would also develop standards for helping assess the reasonableness of other common airline fees.

Flight change and cancellation fees can range anywhere from $125, to as much as $750 for an international flight.[iv] While testifying before a US Senate Commerce, Science, and Transportation subcommittee, United Airlines CEO Scott Kirby admitted that change fees are “not a direct cost when somebody changes,” but rather are a revenue generator.[v] While airlines certainly need to maintain profitability, they should not do so by taking unfair advantage of consumers who must change or cancel travel plans due to unforeseen circumstances. Requiring that change and cancellation fees bear a reasonable relation to the cost to provide the service will improve competition by preventing price gouging and better incentivizing airlines to compete over the actual cost of fares.

For these reasons, the undersigned consumer advocacy organizations urge you to support keeping the bipartisan FAIR Fees provision in the FAA Reauthorization Act.

 

Sincerely,

Business Travel Coalition
Consumer Action
Consumer Federation of America
Consumers Union
Flyers Rights
National Consumers League
Travelers United
U.S. PIRG

cc: Members of the US Senate

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[i] Mayerowitz, Scott and Koenig, David. "U.S. airports increasingly dominated by 1 or 2 carriers.” USA Today. July 15, 2015. Online: https://www.usatoday.com/story/todayinthesky/2015/07/15/us-airports-increasingly-dominated-by-1-or-2-carriers/30152927/
[ii] Government Accountability Office. “Commercial aviation: Information on airline fees for optional services” September 2017. Online: https://www.gao.gov/assets/690/687258.pdf
[iii] Federal Aviation Administration Reauthorization Act of 2017. Online: https://www.congress.gov/115/bills/s1405/BILLS-115s1405rs.pdf
[iv] American Airlines. “Optional service fees.” July 17, 2018. Online. https://www.aa.com/i18n/customer-service/support/optional-service-fees.jsp
[v] Senate Commerce Science and Transportation Subcommittee on Aviation, Operations, Safety and Security. “Questions, answers and perspectives in the current state of airline travel. May 4, 2017. 01:28:55-01:33:48. Online: https://www.commerce.senate.gov/public/index.cfm/hearings?ID=C3586801-EFA9-493C-B3FB-74779C0AC3D2

Coalition of consumer advocacy groups send letter DC Council regarding auto-renewal – National Consumers League

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July 19, 2018

The Honorable Charles Allen
Council of the District of Columbia
1350 Pennsylvania Avenue, NW
Washington DC 20004

Dear Councilmember Charles Allen,

The undersigned 9 consumer and community advocacy groups urge your immediate action and support for Title II of the Consumer Disclosure Act of 2017 (B22-0020). The bill, which has been pending before the Judiciary and Public Safety Committee since January 2017, will prevent District residents from unknowingly becoming trapped in a complex web of hidden automatic renewal contract clauses they did not knowingly consent to.

In order to participate in commerce, consumers must sign lengthy fine print contracts. These contracts often contain automatic renewal clauses which will cause the contract or membership to renew automatically if the consumer fails to notify a merchant of their desire to cancel prior to a date of the merchant’s choosing. When these clauses are clearly disclosed, they can help consumers avoid service interruptions. However, unscrupulous merchants slip automatic renewal contract clauses into the fine print of contracts without properly disclosing their presence in order to trap consumers into lengthy contracts. The proliferation of these hidden automatically renewing contract clauses has caused one in three Americans to be tricked into agreeing to an automatically renewing contract.[i]

In the coming years, the trend of unscrupulous businesses hiding automatic renewal clauses in the fine print of contracts is unlikely to change. Deloitte predicts that online media subscriptions, subscriptions, which almost always contain these clauses, will grow by at least 20% in 2018.[ii] Fortunately, the Consumer Disclosure Act of 2017 would prevent these unwelcome financial surprises by:

  • Requiring clear disclosure of any automatic renewal clause; and
  • Requiring that a notification be sent to enrollees 30-60 days prior to the deadline for canceling a multi-month automatically renewing a contract

The unplanned expense that these clauses inflict on their victims is of particular concern for the socio-economically disadvantaged members of our community who are less able to weather surprise bills. Action on this issue is long overdue. In the absence of legislative action, District residents will continue to receive surprise bills for products or services they no longer need or desire.

Through Title II of the Consumer Disclosure Act, the D.C. Council has a real opportunity to improve the lives of Washingtonians by granting District residents the tools they need to avoid becoming ensnared by unwanted automatically renewing contracts. We urge you to quickly take action and to provide District residents with this long overdue protection which is already enjoyed in several states across the country.

Sincerely,

Allied Progress
American Family Voices
Consumer Action
Consumer Federation of California
DC Fiscal Policy Institute
National Association for Latino Community Asset Builders
National Consumers League
Tzedek DC
Workplace Fairness

Cc: Members of the Committee on the Judiciary and Public Safety

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[i] Porche, Bradley. “Poll: Recurring charges are easy to start, hard to get out of,” Creditcards.com. August 21, 2017. Online: https://www.creditcards.com/credit-card-news/autopay-poll.php

[ii] Deloitte. “Technology, Media and Telecommunications Predictions,” Pg. 41. 2017. Online: https://www2.deloitte.com/global/en/pages/about-deloitte/articles/gx-tmt-predictions-press-release.html

National Consumers League applauds the Department of Justice for bringing phone scam perpetrators to justice – National Consumers League

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July 24, 2018

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, today commended the U.S. Department of Justice (DOJ) for its crackdown on impersonation scams targeting vulnerable Americans. Last week, following their arrest in 2017, 24 perpetrators of a phone scam in which fraudsters extorted money from victims by impersonating IRS agents, or employees of the U.S. Citizenship and Immigration Services were sentenced to up to 20 years in prison. The following statement is attributable to James Perry, Customer Services Coordinator and John Breyault, Vice President, Public Policy, Telecommunications, and Fraud, both of the National Consumers League:

“Imposter scams consistently rank amongst the most prevalent scams reported to NCL’s Fraud.org campaign. Last year alone, Americans lost a whopping $327 million to scammers who were impersonating individuals or government agencies. With the DOJ’s announcement that they have ended a massive operation that extorted hundreds of millions of dollars from vulnerable consumers, Americans can feel a little bit safer from a threatening phone call from a scammer. While we applaud the DOJ for this hard-won victory, we must all continue working hard to both educate consumers about this scam and redouble our efforts to put other perpetrators of this scam behind bars.”

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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 deeply concerned about Kavanaugh’s anti-consumer, anti-labor record – National Consumers League

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July 12, 2018

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 nation’s pioneering consumer and worker advocacy organization today expressed its deep concern about the nomination of Judge Brett Kavanaugh to fill the seat of retiring Justice Anthony Kennedy on the U.S. Supreme Court. According to the National Consumers League (NCL), this is a critical moment in American history where the rights of consumers and workers hang in the balance.

“After reviewing his extensive record, we believe that Judge Kavanaugh is an extremist who is out of step with American values and in conflict with our mission to protect consumers and workers,” said NCL Executive Director Sally Greenberg. “We are particularly concerned about Kavanaugh’s record on crucial healthcare access decisions. We can’t afford as a country to step backwards when it comes to providing care for our nation’s families.” 

On the issues: consumer concerns

Abortion access. Kavanaugh consistently votes to limit access to abortion services. Just last year he dissented from a decision to allow an undocumented pregnant teenager in federal custody access to abortion. Judge Kavanaugh wrote that the majority’s reasoning was “based on a constitutional principle as novel as it is wrong: a new right for unlawful immigrant minors in U.S. government detention to obtain immediate abortion on demand.”

Affordable Care Act. When ruling on Seven-Sky v. Holder, Kavanaugh dissented from the majority opinion on the Affordable Care Act, which upheld its constitutionality.

Contraception coverage. In 2015, Kavanaugh dissented from the Court of Appeals’ decision not to rehear a case upholding an accommodation offered by the Obama Administration on access to contraception for employees of religious organizations.

Net neutrality. Judge Kavanaugh dissented from a full DC Court of Appeals decision on net neutrality. Judge Kavanaugh rejects the idea that Internet providers should remain neutral. His dissent included the following arguments: “The government can no more tell internet service providers what content to carry than it can tell bookstores what books they can sell,” and “The net neutrality rule is unlawful because the law impermissibly infringes on internet service providers’ editorial discretion.”

Hostility towards workers

Limiting collective bargaining. In 2007, Kavanaugh gave the Defense Department a temporary win against its 700,000 civilian workers, represented by a union coalition led by the Government Employees (AFGE). Kavanaugh wrote that the 2004 Bush-era Defense Department law gave Bush’s DOD temporary authority to curb civilian defense workers’ collective bargaining rights. Dissenting justices said Kavanaugh would let the government “abolish collective bargaining altogether.”

Undocumented workers’ right to organize. Kavanaugh, dissenting in a 2008 case involving Agri Processor, Inc., a Brooklyn kosher meat packer, said undocumented workers can’t unionize under the National Labor Relations Act. The appeals court majority said they could. 

Right to picket. In 2015, Kavanaugh gave the Venetian Casino in Las Vegas a win in a fight with union organizers over the right to picket on a public sidewalk. The National Labor Relations Board (NLRB) ruled they could, under their constitutional rights to freedom of expression and freedom assemble peaceably. The NLRB also tossed out the casino’s claims that the sidewalk, which was temporary due to road construction, was private property. The walk was on the Venetian’s land. “Where employers assert a private property right and ask the police to enforce that right against demonstrators, the employers are ‘seeking redress of wrongs committed against them.’”

“This is the most important Supreme Court vacancy in many years,” said Greenberg. “NCL stands with consumers and workers and with those groups who see the nomination of Brett Kavanaugh to the U.S. Supreme Court as a threat to our values and our mission.”

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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 statement on US opposition to breastfeeding at World Health Assembly – National Consumers League

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July 9, 2018

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 organization, is expressing its disappointment at reports of actions taken by the U.S. delegation to the United Nations’ World Health Assembly opposing a resolution meant to promote breastfeeding worldwide. *According to reporting by the New York Times and others, the U.S. delegation demanded that language encouraging governments to “protect, promote and support breastfeeding” be removed from a resolution – introduced by Ecuador — that had been expected to pass without issue.

The resolution, based on established research about the significant health advantages of breastfeeding to both mother and baby,  encouraged countries to promote breastfeeding and “strive to limit the inaccurate or misleading marketing of breast milk substitutes.”

“The United States delegation, embracing the interests of infant formula manufacturers, upended the deliberations,” reported The Times.

The National Consumers League (NCL) has long advocated for the promotion of breastfeeding for health and economic reasons, as well as for policies that support women’s ability to breastfeed, including in public places.

A study from the journal Pediatrics found that breastfeeding could save 900 lives a year and billions of dollars if 90 percent of women breast-fed their babies for the first six months of life. Research has determined that breastfeeding could prevent hundreds of deaths and many more illnesses such as asthma, diabetes, ear infections, stomach viruses, or even childhood leukemia.

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

Breastfeeding has long been hailed as the best source of nourishment for infants, providing the perfect mix of nutrition in an easily digestible form and lowering the risk of certain syndromes, diseases, and allergies.

That the United States delegation to the World Health Assembly would be compromised by the interests of infant formula manufacturers is a disgrace – and going so far as to threaten Ecuador with retaliation for introducing this fundamental resolution is an utter embarrassment.

It is troubling that corporate or other interests might be undermining America’s policy stances on basic health issues such as this. We are disappointed at the U.S. delegation’s void in leadership but pleased that the World Health Organization’s long-standing policy of encouraging breastfeeding prevailed.

*Links are no longer active as the original sources have removed the content, sometimes due to federal website changes or restructurings.

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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 statement on Supreme Court’s 5-4 ruling in Janus v. AFSCME – National Consumers League

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June 27, 2018

Media contact: National Consumers League – Carol McKay, carolm@nclnet.org, (412) 945-3242

Washington, DC–The National Consumers League (NCL), the nation’s pioneering consumer and worker advocacy group, has announced its disappointment in today’s narrow 5-4 anti-worker and anti-union ruling by the U.S. Supreme Court in Janus v. AFSCME, in which the Court ruled that unions cannot collect “fair share fees” from workers who have not joined the union but receive the benefits of organizing.

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

Janus v. AFSCME is the unfortunate capstone of a decades-long assault on working Americans who choose to collectively stand up to improve their workplaces and their communities and is the result of a right-leaning court that favors business interests over workers.

The potential harm caused by this decision is great and will not only be felt by union members. Millions of individual consumers who rely on government services will feel the consequences of this decision as public servants choose to leave in search of better opportunities and as the ones who remain face greater workplace insecurity.  

The Supreme Court today sided against working families. We call upon Congress to step in to correct this injustice. Powerful lobbyists may have won today, but in the end working Americans understand the importance of joining together to create better working conditions. While this decision is disappointing, we will continue to fight alongside our labor allies for a fair and just workplace and marketplace.

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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 Announces Data Security and Technology Policy Fellowship – National Consumers League

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June 27, 2018

Media contact: National Consumers League – Carol McKay, carolm@nclnet.org, (412) 945-3242

Washington, DC–The National Consumers League, America’s pioneering consumer and worker advocacy organization, is pleased to announce the creation of the NCL Data Security and Technology Policy Fellowship. The fellowship, made possible through a generous unrestricted educational grant from Google, will be part of NCL’s ongoing #DataInsecurity Project, a consumer awareness and advocacy campaign to raise awareness in Washington and beyond about the impact of data breaches on consumers.

“Too often, the impact on users of technology policy decisions made in the halls of Washington, DC is an afterthought,” said Sally Greenberg, NCL executive director. “Through this new fellowship, our goal is to raise awareness of the need for user-centered decision-making in Congress, at federal agencies, and in the states, particularly regarding data security, privacy, and online safety policy.”

NCL is delighted to announce that Sean Davis, Jr. will be the inaugural Data Security and Technology Policy Fellow. A 2017 graduate of George Washington University Law, Sean comes to NCL after stints with Public Knowledge, the Center for Democracy and Technology, the Joint Center for Political and Economic Studies, and the Lawyers Committee for Civil Rights and Urban Affairs.

“We are thrilled that Sean is joining our team,” said John Breyault, NCL vice president, public policy, telecommunications, and fraud. “His passion for the public interest in technology will be an amazing asset to our mission of promoting user-centric policymaking.”

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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.

Leading consumer organizations decry ‘mutual fund industry giveaway’ by SEC – National Consumers League

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June 6, 2018

Contact: Consumer Action’s Linda Sherry (202) 544-3088, NCL’s Sally Greenberg (202) 207-2830

Washington, DC–Despite overwhelming opposition to abandoning the default paper format delivery method for mutual fund disclosures, the Securities and Exchange Commission (SEC) yesterday voted behind closed doors to ignore investor sentiment and allow funds, as of Jan. 1, 2021, to deliver shareholder reports online, with a paper notice of online availability sent by mail. The adoption of Rule 30e3 flips the current process on its head—investors who already have chosen to receive paper mutual fund reports will now have to take the trouble to reach out to funds to request that paper versions (continue to) be mailed to them.

The National Consumers League (NCL) and Consumer Action have worked for more than two years to ensure that the delivery of paper fund disclosures wasn’t flipped. The organizations have filed comments opposing Rule 30e3, spoken at SEC Investment Advisory Committee meetings, and urged investors to press for the paper default. They were expecting to hear a public discussion of the rule at the SEC’s public meeting on June 5, before it was pulled from the agenda the evening before and circulated for written consent from the commissioners in lieu of a meeting.

Sally Greenberg, executive director of the National Consumers League, said: “We are very disappointed in the 4-1 vote—taken behind closed doors—from the SEC to make it more difficult for mutual fund investors who want paper documents to get fund disclosures delivered in paper; an SEC survey in 2011 found that one-third of consumers say they prefer paper copies of their mutual fund reports. The mutual fund industry trade association estimated in 2016 that this will save investors $2 billion in printing and mail costs over 10 years. The winners are clearly the companies, the losers are those consumers who need or want access to paper versions of fund disclosures and will have to know to sign up for paper delivery. We are disappointed the SEC didn’t take into account the extensive evidence that the change is likely to reduce investor readership of key disclosures.”

Linda Sherry, director of Consumer Action’s DC office, said: “More than 90 percent of the comments submitted to the SEC in 2016 opposed the idea to make electronic delivery the default delivery method for shareholder reports. Despite the concerns raised, which included lack of access to the internet by vulnerable populations, exposure to online fraud and difficulty of reading reports on mobile devices, the SEC chose to vote on its proposal before the public was able to read it.”

Currently (and for close to 20 years) investors have the option of requesting e-delivery. Some estimates say as many as half of all mutual fund investors have chosen e-delivery already. Those who have chosen to keep paper delivery will, under the new rule, be bothered to act to ensure paper reports keep coming. The new measure is an example of “negative consent—or “passive consent”—which means failure to take action is interpreted as agreement. This method of notification is know to decrease consumer participation and likely will reduce investor readership of important disclosures about fund performance, costs and makeup.

While the rule offers the switch to e-delivery as an “optional” method for delivering shareholder reports, it is highly unlikely that the mutual fund industry will choose to leave the status quo of paper statement delivery.

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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.

About Consumer Action

Consumer Action has been a champion of underrepresented consumers nationwide since 1971. A non-profit 501(c)(3) organization, Consumer Action focuses on consumer education that empowers low- and moderate-income and limited-English-speaking consumers to financially prosper. It also advocates for consumers in the media and before lawmakers to advance consumer rights and promote industry-wide change.