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Millions of new home purchasers each year are forced into binding
mandatory arbitration by deceptive "warranties," and those warranties
may violate the law in as many as 17 states, Public Citizen has found.
This conclusion is contained in a report titled "Home Court Advantage: How the Building Industry Uses Forced Arbitration to Evade Accountability."
These warranties are particularly insidious because consumers often
do not learn of their details until after moving into their new houses.
Although builders often portray the warranties as gifts, bonuses or
extra protections, the warranties actually serve to exempt the builder
from liability for all sorts of problems (such as mold, building code
violations and "consequential damages") while relegating buyers to
pursue legal disputes in a private forum chosen by the warranty company.
Public Citizen today sent letters to attorneys general in states
that ban the use of forced arbitration in insurance contracts. Those
states are Arkansas, Georgia, Hawaii, Iowa, Kansas, Kentucky,
Louisiana, Maryland, Missouri, Montana, Nebraska, New Mexico, Oklahoma,
South Carolina, South Dakota, Utah and Washington. The letters are
posted at www.FairArbitrationNow.org.
Public Citizen's report exposes the troubling consequences of forced
arbitration for home buyers, a process that is rife with bias and
exorbitant costs - and is so devoid of safeguards that an arbitrator's
failure to follow the law is specifically disallowed as a ground for
appeal. Among the outrages revealed in the report, available at
"Because of forced arbitration, my husband and I have been stuck with a house riddled with costly defects," Michelle Rechtien said during a press conference
to discuss the report's findings. "The building company we bought our
new home from has used arbitration to force complaints against it into
a rigged system so it can avoid accountability."
Added Fogal, who also spoke at the press conference, "Our story is
shared by millions of Americans caught in the snare of this cursed
[arbitration] clause. Arbitration is the privatization of the justice
system where the rules no longer apply."
Although proponents of forced arbitration often call for more
"study" of the problem rather than a cure, scant information is
available to the public for real research - a problem for which the
arbitration industry also is to blame. The process is inherently
secretive, and arbitration firms routinely flout the few laws that
require them to disclose basic information about their cases. The
American Arbitration Association, the country's largest arbitration
firm, is supposed to abide by a California statute's requirement to
disclose a prevailing party in arbitrations, but does so in only 4.3
percent of its reports. Public Citizen has sent letters to California
Attorney General Edmund G. Brown Jr. and the city attorneys of five
California cities urging better enforcement of the state's arbitration
"The arbitration companies know that their futures depend on keeping
the people who hire them happy, and that means the builders and
warranty companies," said David Arkush, the director of Pubic Citizen's
Congress Watch division. "As a result, the system is stacked against
Public Citizen is a nonprofit consumer advocacy organization that champions the public interest in the halls of power. We defend democracy, resist corporate power and work to ensure that government works for the people - not for big corporations. Founded in 1971, we now have 500,000 members and supporters throughout the country.(202) 588-1000
Will the Democrat from West Virginia go to bat for the billionaire-backed No Labels?
Sen. Joe Manchin—the West Virginia lawmaker reviled by progressives for his climate-killing policies and many Democrats over his repeated sabotage of his own party's agenda—said Sunday he has still not decided about whether he might make a third-party run for president in 2024.
Asked by "Fox News Sunday" host Shannon Bream if he's decided on a possible run with the billionaire-backed "No Labels" or otherwise, Manchin applauded the group "pushing very hard to the centrist middle" and "making commonsense decisions," but dodged a direct answer to the question.
"If Plan A shows that we're going to the far reaches of both sides, the far left and the far right, and the people don't want to go to the far left and the far right, they want to be governed from the middle," Manchin said. "I think there is… you better have that Plan B available and ready to go."
When pressed by Bream on his consideration of a presidential run, Manchin replied, "Not ruling anything in, not ruling anything out."
\u201cSen. Joe Manchin (D-WV) hits extremism on the left and right but does not give a straight answer to Fox's Shannon Bream when she asks whether he'll run as a third-party candidate on a No Labels ticket.\u201d— The Recount (@The Recount) 1685886740
Last month, as Common Dreamsreported, journalists with More Perfect Union dove into the secretive funding of No Labels—which offers itself as a harmless, more middle-of-the-road option to the two major political parties in the U.S.—and found that much of the money behind the group comes from "a whole of billionaires with a history of opposing democracy."
\u201cA group calling themselves "No Labels" has suddenly emerged as a huge financial backer of Kyrsten Sinema.\n\nThey're also floating the idea of running Joe Manchin for President.\n\nWe dug into them, and found a whole lot of billionaires with a history of opposing democracy.\u201d— More Perfect Union (@More Perfect Union) 1684768082
In a 2018 column, financial industry watchdogs Porter McConnell and Rion Dennis identified No Labels as part of a cabal of so-called "centrists" who are really just "wolves of Wall Street in sheep's clothing," hiding behind their harmless-sounding name to mask very insidious intent.
"For years, the group No Labels and its close partner, the bipartisan Problem Solvers Caucus, have quietly promoted policies that are wrapped in the mantle of bipartisanship and pitched as "non-ideological," while being in the pay of corporate interests," McConnell and Dennis explained. "They produce reports, sponsor events, and weigh in on policy on behalf of unnamed corporate donors."
Critics of a No Labels' candidate in 2024 say it's strikingly obvious that the true motive for such a move would be to slice off enough gullible voters to create a path for Donald Trump's reelection.
Manchin is up for reelection this year to defend his U.S. Senate seat, but according to a poll released last week he is currently trailing the top Republican challenger, Gov. Jim Justice, by 22 points in a hypothetical general election contest.
Big-money special interests "want to divide us up," said the indepedent senator at a living wage rally in South Carolina, "and we are determined to bring working people together."
As President Joe Biden signed into law an agreement Saturday that would shield wealthy tax cheats from stronger IRS enforcement while at the same time enacting cuts to key anti-poverty programs, Senator Bernie Sanders and other progressive allies were busy denouncing the immoral, low-wage economic system in the United States in which just a small handful of mega-billionaires have accumulated more wealth than tens of millions of hard-working but low-paid workers and their families.
At a "Rally to Raise the Wage" in Charleston, South Carolina on Saturday, the independent politician and two-time presidential candidate railed against the inequality that remains so pervasive in the country and the political forces that seek to divide the working class.
"The reason we are here today is not complicated," Sanders said. "In the richest country in the world, we demand an economy that works for all, not just the few."
"In every age, moral people have had to rise up and decide to make the moral case that things have to change and injustice has to move." —Bishop William J. Barber II
"It is not moral that three people on top own more wealth than the bottom half of American society, 165 million Americans," Sanders declared during his speech. "That's not moral. That's not right. That's not what should exist in a democratic society."
\u201c"It is not moral that 3 people on top own more wealth than the bottom half of American society, 165 million Americans. \n\nThat's not moral.\n\nThat's not right.\n\nThat's not what should exist in a democratic society."\n\n@BernieSanders in South Carolina rallying to #RaiseTheWage\u201d— Union of Southern Service Workers (@Union of Southern Service Workers) 1685827759
Sanders was joined on the tour through the south—which also included stops in Durham, North Carolina and Nashville, Tennessee—by Bishop William J. Barber II, founding director of the Center for Public Theology and Public Policy at Yale Divinity School, who said Sanders had asked him to attend specifically to discuss the moral case for combating poverty and raising wages.
"When Jesus started his ministry," said Barber, surrounded by members of the audience he had called up to gather around him on stage, "he said I'm coming to preach good news to the poor[...] meaning those who had been made poor by the economic exploitation of Rome."
Barber told the crowd that "there are over 2,000 scriptures in the Bible" detailing the worth of the poor and the value of laborers.
"So what our movement is about, is precisely the opposite of what the big-money interests want. They want to divide us up and we are determined to bring working people together." —Sen. Bernie Sanders
"The Bible does not talk about taking a women's right from her body," Barber said. "The Bible does not talk about hating people because of their sexuality. The Bible does not talk about prayer in the school. The Bible does not talk about putting up the Ten Commandments. But more than 2,000 times—more than any other subject other than self-worship idolatry—the Bible says the way to please God is how we treat the least of these and those in the margins."
"In every age," he continued, "moral people have had to rise up and decide to make the moral case that things have to change and injustice has to move."
In contrast to a living wage of $17 an hour at the heart of the rally, Bishop Barber said the current federal minimum wage of $7.25 should be seen as a "death wage," given the rate at which poverty kills in the country.
\u201c"Poverty is the 4th leading cause of death in America. It's higher than homicide. $7.25 is a poverty wage which means $7.25 is a death wage. \n\nWe've got to fight against people dying." @RevDrBarber with @BernieSanders in South Carolina rallying to #RaiseTheWage\u201d— Union of Southern Service Workers (@Union of Southern Service Workers) 1685827249
Barber told the diverse South Carolina audience in attendance—including those standing beside him who were older people and younger people of different racial, religious, and sexual identities—that their unity and solidarity in the face of economic inequality and social injustice remains their greatest asset.
The people in power, said Barber, "They are afraid of this room."
Invoking Rev. Martin Luther King Jr., Barber explained how in 1965, Dr. King stood on the steps of the Alabama state house "and said that the greatest fear of the southern aristocracy and the oligarchy was for the masses of poor Negroes and poor white folk to get together and form a powerful new voting bloc that would shift the economic architecture of the nation."
"If they are cynical enough to be together, we oughta be smart enough to come together around the moral agenda."
"And I want to suggest," he continued, "if that's what they're afraid of: Let's build it! Let's built it and maybe in the process some of them will even be redeemed and stop hurting people. Who gets up in the morning and all you can think about is how you can take somebody's healthcare? Who gets up in the morning and asks, 'How I can use my power to hurt somebody?'"
He made a final point about those in power and how the forces at work denying freedom and dignity to certain people in society are also the same forces attacking democracy and economic equality.
"The same people who are attacking gay people, are attacking our voting rights," Barber said. "The same people who are attacking trans people, are attacking our healthcare. The same people trying to take away a woman's right are also against living wages. If they are cynical enough to be together, we oughta be smart enough to come together around the moral agenda."
Barber said the southern states are "key" and must not be ignored by federal politicians, arguing that the Carolinas, Tennessee, and others are not necessarily red states, but just states that have been "intentionally divided" and where workers have been disempowered.
"We need a living wage and we need it now," Barber declared. "It's time for change and justice has got to move. You've got to make them hear you. You've got to make them see you. You've got to make them feel your power."
He added: "This is a moral fight. We can't allow corporate greed to sell out and tear the souls and substance of this nation apart. This is a nation-saving fight."
Prior to Barber, local hairdresser Lydia Stewart spoke about working conditions at the salon business that employs her, Great Clips, and the organizing effort she and her colleagues have undertaken with the Union of Southern Service Workers to increase workplace safety and win higher wages.
\u201c"At my job we're organizing [with @RaiseUpTheSouth] because change has to be brought. My store is mostly Black women and they have no respect for us, they treat us like a pair of hands." @GreatClips worker Lydia Steward with @BernieSanders and @RevDrBarber #RaiseTheWage\u201d— Union of Southern Service Workers (@Union of Southern Service Workers) 1685824077
During the rally, State Rep. Wendell Gilliard (D-111) also spoke and talked about the need for a true living wage in the state that should be no less than $17 an hour.
"We have come a long way," Gilliard said during his remarks, "fighting for the rights of 'We the People.' This is not about party, it's always been about the people. Charlestonians work hard and deserve more for what they do to keep this region running. They deserve more than a minimum wage—they deserve a living wage!"
"With rising costs of living," Gilliard continued, "more and more of our neighbors, our friends, and our family members will slip into poverty unless they see an increase... $17 an hour is a living wage. It will help poverty from swallowing up more victims and help increase the standard of living here in Charleston."
\u201cLIVE from CHARLESTON: No one in America should be forced to work for starvation wages. Join us as we rally in South Carolina for an increase in the minimum wage. https://t.co/5aQjgGGlnw\u201d— Bernie Sanders (@Bernie Sanders) 1685823586
In closing his speech for the rally, Gilliard said the event with Sanders and Barber could not simply be a moment in time, but must signify the existence of a movement ready to fight for the long haul.
"It cannot be a moment in time," the state lawmaker said. "It has to be a movement that will live until we get it done."
In his headliner address, Sanders echoed what Bishop Barber argued, that the ruling elite and monied oligarchy "wins" when they divide up the working class and those living in poverty.
"In every way that you can think," said Sanders, "there are really smart people—out there polling today—saying: How do I get you to vote against your own self-interest? How do I get black and white and Latino and Native American, Asian American, gay, and straight against each other so that the big-money interest laugh all the way to the bank."
"So what our movement is about, is precisely the opposite of what the big-money interests want," he continued. "They want to divide us up and we are determined to bring working people together—black and white and Latino—all of us together around an agenda that works for us not just the billionaire class!"
Abortion bans in 14 U.S. states since the 2022 Dobbs decision "have made abortion services largely inaccessible and denied women and girls their fundamental human rights to comprehensive healthcare including sexual and reproductive health."
High-level experts with the United Nations have issued a joint statement condemning the impact of the U.S. Supreme Court ruling last year that reversed decades of legal precedent protecting abortion rights for women.
"The regressive position taken by the US Supreme Court in June 2022, by essentially dismantling 50 years of precedent protecting the right to abortion in the country, puts millions of women and girls at serious risk," said the 13 experts, all appointed by the U.N. Human Rights Council, on Friday.
According to a statement issued by the UN's Human Rights Office of the High Commissioner (OHCHR):
Abortion bans in 14 States have made abortion services largely inaccessible and denied women and girls their fundamental human rights to comprehensive healthcare including sexual and reproductive health. The experts said the bans could lead to violations of women's rights to privacy, bodily integrity and autonomy, freedom of expression, freedom of thought, conscience, religion or belief, equality and non-discrimination, and freedom from torture and cruel, inhuman and degrading treatment and gender-based violence.
Such state-level bans on abortion and other restrictions to reproductive care, say the experts, are having far-reaching and negative impacts. In addition, they are a violation of international human rights law.
"Women and girls in disadvantaged situations are disproportionately affected by these bans," the experts said, referring to those in marginalized communities, living on low incomes, in abusive relationships, or in rural regions with little access to care or support services.
\u201c#UnitedStates:Since Jan abortion has been banned in 14 States & consequences of the Supreme Court decision overturning the constitutional right to abortion reverberate through the legal & policy system, putting millions of women & girls at risk: UN experts https://t.co/9BoUO3bPyo\u201d— UN Special Procedures (@UN Special Procedures) 1685706432
Last month, the U.S.-based National Abortion Federation (NAF) released a new report showing that "violence and disruption" against abortion providers and clinics rose sharply since the Dobbs vs. Jackson Women's Health Organization by the Court in the June of 2022 that overturned protections in Roe v. Wade.
NAF has been tracking such attacks since 1977, but Melissa Fowler, the group's chief program officer, said in May that the new statistics since last year prove "anti-abortion extremists have been emboldened by the Supreme Court’s decision to overturn Roe v. Wade and the cascade of abortion bans" passed by Republican-controlled legislatures nationwide.
"As clinics closed in states with bans, extremists have simply shifted their focus to the states where abortion remains legal and protected, where our members have reported major increases in assaults, stalking, and burglaries," said Fowler.
In Friday's statement, the UN experts said they were "particularly alarmed by the increasing reports of threats to the lives of abortion service providers across the country" as well as by a new pattern of surveillance—including electronic tracking—being used against people seeking abortion care.
The joint statement urged both federal and state governments in the U.S. "to take action to reverse the regressive rhetoric seeping through the legislative system and enact positive measures to ensure access to safe and legal abortion."
The experts who issued the statement were: Reem Alsalem, Special Rapporteur on violence against women and girls, its causes and consequences; Dorothy Estrada Tanck (chair), Ivana Radačić (vice-chair), Elizabeth Broderick, Meskerem Geset Techane and Melissa Upreti, Working Group on discrimination against women and girls; Nazila Ghanea, Special Rapporteur on freedom of religion or belief; Alice Jill Edwards, Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; Felipe González Morales, Special Rapporteur on the human rights of migrants; Olivier De Schutter, Special Rapporteur on extreme poverty and human rights; Ana Brian Nougrères, Special Rapporteur on the right to privacy; Gerard Quinn, Special Rapporteur on the rights of persons with disabilities; Ashwini K.P., Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance.