Testimony in Support of SB463: Ending Child Marriage | Presented to Louisiana Senate Judiciary Committee – National Consumers League

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April 10, 2018

Testimony in Support of SB463: Ending Child Marriage | Presented to the Louisiana Senate Judiciary Committee A

by Reid Maki, Director of Child Labor Advocacy, National Consumers League and Coordinator of the Child Labor Coalition

Hello, my name is Reid Maki and I represent the National Consumers League (NCL)—the nation’s oldest consumer advocacy group, based in Washington. I am also the coordinator of the Child Labor Coalition (CLC)—38 groups committed to reducing abusive child labor here in the U.S. and abroad. NCL founded the CLC nearly three decades ago and continues as one of its two co-chairs. Our members include seven of the largest unions in America, as well as child rights, human rights, and faith-based groups. I am here representing millions of Americans concerned about the safety, education, and welfare of children in the US.

We support a ban on child marriage in Louisiana without exemption. Exceptions are rarely worth the risk that they entail. In many cases, parental consent really means parental coercion. Pregnancy exemptions often means that many girls will be pressured into marrying the man who committed statutory rape. Teenagers who marry are disproportionately women and often they are marrying men who are adults.

The exploitation of children in marriage is well recognized by human rights experts around the globe. When the International Labour Organization and the anti-slavery group Walk Free announced new global estimates of the number of individuals in “modern slavery” last September, they defined the 15.4 million individuals who are in forced marriages as being victims of slavery; 84% of these victims are girls. Six in 10 victims of forced marriage internationally are children.

Recently, the Child Labor Coalition member American Federation of Teachers, one of the largest unions in America whose members are teachers, nurses, and public employees passed a resolution asserting that child marriage is a form of child labor and that child marriage and forced marriage are human rights violations.

In 2016, the U.S. State Department released a document called U.S. “Global Strategy to Empower Adolescent Girls.” In it, the State Department describes marriage before age 18 “a human rights abuse that contributes to economic hardship and leads to under-investment in girls’ educational and health care needs.”  The State Department asserts that early marriages – which are often forced – “enable or exacerbate violence and insecurity, including domestic violence.”

It’s well-recognized that child marriage has very negative health impacts and economic impacts on girls. Women who marry before 18 have significantly higher risks for heart attacks, diabetes, cancer, and stroke, as well as having higher risk of mental health issues. They are 50 percent more likely to drop out of school, and four times less likely to graduate from college. The divorce rate for girls who marry before 18 is 70-80%.

Louisiana risks more than it gains by allowing these early marriages. So do the teens getting married.

A 16-year-old in America cannot vote. They cannot fight in combat. They cannot obtain a credit card. In Louisiana, you must be 18 to buy cigarettes. You must be 21 to drink. Does it make sense to allow individuals under 18—children–to wed?

We believe that by reserving marriage for adults, the likelihood of exploitation in that marriage, whether sexual, labor-related, or financial decreases significantly.

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NCL disappointed in rollback of vehicle emissions, fuel efficiency standards – National Consumers League

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April 5, 2018

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

Washington, DC–The National Consumers League (NCL) today expressed “profound disappointment” in response to the announcement by the Environmental Protection Agency (EPA) that it will roll back automobile fuel-efficiency standards.

“The NCL is profoundly disappointed with the EPA’s decision to renege on the Obama-era administration fuel efficiency standards: this irresponsible decision is detrimental to consumers and harmful to the environment,” said NCL Executive Director Sally Greenberg.

According to a *Consumer Reports survey, 53 percent of all American vehicle owners expect better fuel economy with their next car purchase. Consumers want more fuel-efficient vehicles that will save them money by reducing the cost of gas. In addition, a Consumer Federation of America (CFA) poll compared sales figures for 2016 SUVs and light duty trucks with the 2011 models and found that vehicles with a 10 percent increase in mileage sold nearly 20 percent more than vehicles with a less than 10 percent mileage improvement.

“Not only will these rollbacks cost hardworking Americans financially, but they will compromise air quality across America,” said Greenberg.

Fully implemented, the 2012 fuel efficiency and emissions standards would have reduced carbon dioxide pollution by about six billion tons over the lifetime of all the cars affected by the regulations, according to EPA projections. As transportation is the leading source of carbon dioxide emissions in the United States, reducing or scrapping these standards will also make it impossible for the nation to meet its obligations under the Paris agreement and stay on track to hold global warming to 2 degrees Celsius.

Interestingly, the perceived winners from the lowered standards–the automakers–are apparently not pushing for these rollbacks. In fact, the New York Times stated in an April 3, 2018 *editorial, “Bill Ford, the chairman of Ford Motor Company, and Jim Hackett, the company’s chief executive, wrote in a blog last week that while they would like more ‘flexibility’ on meeting the rule, ‘we support increasing clean car standards through 2025 and are not asking for a rollback.’”

“Weakening these fuel efficiency and emissions standards is indefensible; the industry isn’t even demanding it. These actions threaten the health and welfare of every American. The NCL urges the EPA to reconsider this reckless and unnecessary decision,” said Greenberg.

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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.

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

National Consumers League commends tipped worker protections in omnibus – National Consumers League

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March 27, 2018

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

Washington, DC—The National Consumers League (NCL) is hailing a provision in the omnibus spending bill—signed into law this past weekend—that protects the tips workers receive and bans employers from claiming them. Restaurant workers suffer some of the lowest wages in America and depend on tips to keep their incomes at least at minimum wage. Secretary of Labor Alexander Acosta had previously proposed a new rule that would permit restaurant owners to pocket the tips of millions of restaurant and service workers—a shocking example of a legal form of wage theft.

Saru Jayaraman, co-founder and president of Restaurant Opportunities Centers (ROC) — an NCL ally and friend who is speaking at the 80th Anniversary of the Fair Labor Standards Act conference this Wednesday at Georgetown Law Center—led the charge, working with partners and submitting more than 350,000 comments in opposition to the proposed rule. ROC and National Employment Law Project helped to organize testimony on Capitol Hill and rallies at local Department of Labor and National Restaurant Association offices across the country. Facing bipartisan pressure and overwhelming public disapproval, Acosta eventually agreed to work with both sides of the aisle to support the TIP Act.

“These victories are the result of intense organizing, advocacy, and—in this case—shaming those who were ready to hand over tips to employers,” said Sally Greenberg, NCL’s executive director. “Without this organizing and leadership from these heroic groups and key allies in the House and Senate, the Labor Secretary likely would not have changed course.”

Greenberg noted that members of the Democratic minority in the House Appropriations Subcommittee hearing March 6 grilled Acosta about DOL’s intentions on tipped wages. Representatives Rosa DeLauro (D-CT) and Katherine Clark (D-MA) introduced legislation after the Secretary said he would support a ban on employers keeping worker tips. That led to the introduction of the TIP Act of 2018.

At least $5.8 billion in workers’ tips, according to a recent study done by the Economic Policy Institute, would have been at risk. NCL thanks these members of the House and Senators Patty Murray (D-WA) and Chuck Schumer (D-NY) for their work to get these protections in the Omnibus spending bill. 

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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 forced arbitration and autonomous vehicles – National Consumers League

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March 23, 2018

Washington, DC–The National Consumers League applauds the Senators who signed a letter requesting information from Uber on its policy on forced arbitration clauses. This statement was attributable to Sally Greenberg, NCL executive director:

“The National Consumers League opposes the use of forced arbitration in both consumer and employment contracts. These clauses have the effect of protecting and even encouraging toxic corporate conduct by shielding companies from accountability in the event of reckless behavior or bad acts. We support legislation that bans these odious clauses and thank the Senators who have written to Uber asking for additional information on whether they intend to include such classes as they roll out autonomous vehicle technology.”
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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, contact: Carol McKay, carolm@nclnet.org.

MEDIA ADVISORY: Unfinished Business: The Fair Labor Standards Act 80 Years Later

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March 21, 2018

CONTACT: Carol McKay, carolm@nclnet.org, or Katherine Shek, kshek@acslaw.org;

WHAT: The American Constitution Society and the National Consumers League will co-host a symposium at Georgetown University Law Center on the Fair Labor Standards Act (FLSA) on Wednesday, March 28, 2018. Leading scholars, advocates, and current and former federal and state officials will celebrate the history and success of the FLSA while also building a positive agenda for how we can improve our laws to meet the needs of our 21st century workforce. More details on the agenda here.

Imagine these scenarios: children working with toxic chemicals, Americans expected to work 80 hours a week, seven days a week, workers making as little as $1 a day. This is what America looked like in the 1930s until President Roosevelt passed the FLSA. Enacted at the height of the Great Depression, the FLSA fundamentally changed the American economy by outlawing most forms of child labor, instituting a 40-hour workweek, and guaranteeing a minimum wage. Today’s advocates argue that the FLSA needs to be updated to fight back against the current assault on working Americans. Our panels of experts will discuss what these reforms should look like.

WHO:

Fatima Goss Graves, President and CEO, National Women’s Law Center, author of 50 Years and Counting: The Unfinished Business of Achieving Fair Pay

Mary Kay Henry, President, Service Employees International Union (SEIU)

Saru Jayaraman, Co-Founder and President, Restaurant Opportunities Center (ROC) United

David Weil, Dean, Heller School for Social Policy and Management, Brandeis University

More on the speakers here 

WHEN:

Wednesday, March 28, 2018 at 9:30 a.m. – 5:00 p.m. ET

WHERE:

Georgetown University Law Center, 600 New Jersey Ave NW, Washington, DC 20001

Gewirz Student Center, 12th Floor

RSVP please email Katherine Shek at kshek@acslaw.org

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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, contact: Carol McKay, carolm@nclnet.org.

The American Constitution Society (ACS), founded in 2001 and one of the nation’s leading progressive legal organizations, is a rapidly growing network of lawyers, law students, scholars, judges, policymakers and other concerned individuals dedicated to making the law a force to improve lives of all people. For more information about the organization or to locate one of the more than 200 lawyer and law student chapters in 48 states, please visit www.acslaw.org.

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.

Public interest groups’ letter to Congress in opposition of Moolenaar pyramid scheme rider

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March 9, 2018

The Honorable Paul Ryan
Office of the Speaker
United States House of Representatives
H-232, The Capitol
Washington, D.C. 20515

The Honorable Nancy Pelosi
Office of the Democratic Leader
United States House of Representatives
H-204, The Capitol
Washington, DC 20515

RE: Public interest opposition to including Moolenaar pyramid scheme rider in the omnibus appropriations bill

Dear Speaker Ryan and Leader Pelosi,

Last year, the undersigned consumer advocacy organizations, civil rights groups, and academic experts wrote you to express our strong opposition to an amendment[i] sponsored by Congressman John Moolenaar (R-MI) which was included in the Financial Services and General Government appropriations bill.[ii] In addition to the undersigned organizations, the Moolenaar amendment is opposed by a broad and bipartisan coalition, including current and former FTC chairmen, commissioners, and bureau chiefs[iii][iv] and leading members of the direct selling industry itself.[v] [vi] [vii] We understand that this amendment may now be considered for possible inclusion in the FY18 omnibus spending bill. We urge you to oppose its inclusion.

The Moolenaar amendment, modeled after H.R. 3409, the so-called “Anti-Pyramid Scheme Promotion Act of 2016,”[viii] would severely weaken the Federal Trade Commission’s ability to police pyramid scheme activity in the multi-level marketing (MLM) industry. Under the guise of consumer protection, the amendment would blur the line between legitimate direct selling opportunities and illegal pyramid schemes.

For more than forty years, the courts have consistently stated that the critical difference between a legitimate MLM business and a pyramid scheme is that a legitimate MLM’s revenues must come primarily from the sale of products and services to retail customers unaffiliated with the business opportunity. By contrast, a pyramid scheme generates its revenue primarily from the recruitment of new members into an endless chain business opportunity. The FTC recently reiterated this concept to the MLM industry in an updated guidance report.[ix] As the FTC has clearly communicated to Congress, the agency already has sufficient legislative authority to effectively protect consumers from pyramid schemes operating in the MLM industry. As Commissioner McSweeny has pointed out, the Moolenaar amendment would fundamentally weaken the FTC’s ability to police fraudulent conduct by MLMs.[x]

Given these serious concerns, we urge you to oppose the inclusion of this language in the appropriations bill when it is considered by the House of Representatives.

Sincerely,

Consumer Action
Consumer Federation of America
Consumers Union
Consumer Watchdog
MANA, A National Latina Organization
National Association of Consumer Advocates
National Consumer Law Center (on behalf of its low income clients)
National Consumers League
U.S. PIRG
William W. Keep, PhD, The College of New Jersey School of Business
Peter J. Vander Nat, PhD, Senior Economist (retired), Federal Trade Commission

cc:  The Honorable Rodney Frelinghuysen
The Honorable Nita Lowey
The Honorable Tom Graves
The Honorable Mike Quigley
The Honorable Greg Walden
The Honorable Frank Pallone
The Honorable Bob Latta
The Honorable Jan Schakowsky
The Honorable Mitch McConnell
The Honorable Charles Schumer
The Honorable Thad Cochran
The Honorable Patrick Leahy
The Honorable Shelley Moore Capito
The Honorable Christopher Coons
The Honorable Bill Nelson
The Honorable Jerry Moran
The Honorable Richard Blumenthal

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[i] House Committee on Appropriations. “AMENDMENTS ADOPTED TO THE FINANCIAL SERVICES APPROPRIATIONS BILL FOR HY 2018,” July 13, 2017. Pg. 37. Online: https://docs.house.gov/meetings/AP/AP00/20170713/106248/HMKP-115-AP00-20170713-SD005.pdf

[ii] National Consumers League. “Consumer groups call on House to oppose pyramid scheme promotion amendment,” press release. July 18, 2017. Online: https://nclnet.org/moolenaar_amendment

[iii] McSweeny, Terrell. “Congress should crack down on predatory ‘pyramid schemes,’ not look away,” The Hill. August 3, 2017. Online: *https://thehill.com/blogs/pundits-blog/finance/345073-congress-should-crack-down-on-predatory-pyramid-schemes-not-look

[iv] National Consumers League. “Former senior FTC officials call on Congress to oppose pyramid scheme promotion bill,” press release. September 13, 2017. Online: https://nclnet.org/ftc_alumni_moolenaar

[v] Vandersloot, Frank. “Anti-pyramid measure is really a pro-pyramid bill,” The Hill. September 6, 2017. Online: *https://thehill.com/blogs/congress-blog/politics/349537-anti-pyramid-measure-is-a-step-in-the-wrong-direction-for

[vi] Rosen, Eric. Letter from Herbalife to the Honorable Marsha Blackburn and the Honorable Marc Veasey. July 28, 2017. Online: https://www.scribd.com/document/356458302/Blackburn-Veasey-072817

[vii] Bell, Jeff. “Direct Sales Industry Should Commit To Consumer Protection,” Law360. October 26, 2017. Online: https://www.law360.com/articles/977942/direct-sales-industry-should-commit-to-consumer-protection

[viii] Online: *https://www.congress.gov/bill/114th-congress/house-bill/5230?q=%7B%22search%22%3A%5B%22hr+5230%22%5D%7D&r=1

[ix] Federal Trade Commission. “Business Guidance Concerning Multi-Level Marketing,” January 2018. Online: https://www.ftc.gov/tips-advice/business-center/guidance/business-guidance-concerning-multi-level-marketing

[x] McSweeny, Terrell. “Congress should crack down on predatory ‘pyramid schemes,’ not look away,” The Hill. August 3, 2017. Online: *https://thehill.com/blogs/pundits-blog/finance/345073-congress-should-crack-down-on-predatory-pyramid-schemes-not-look

 

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

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.