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Arbitration
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Excerpts From Clark's Shows: Arbitration

Nov 20, 2009 -- Dish Network agrees to customer restitution

Dish Network has reached a deal with the attorneys generals of 46 states over allegations that it cheated customers during a 5-year period. The states of California, North Carolina, Illinois and Ohio are still holding out for a better settlement with the satellite TV provider.

Among the allegations, Dish Network is said to have passed off used equipment as new; charged penalties when you canceled the service; required a minimum term of service in order for you to get advertised deals; and made their promised rebates virtually impossible to get.

Dish Network has not admitted any wrongdoing, but it has agreed to pay restitution to customers. The company has also agreed to provide clearer disclosures in the future.

When Dish Network launched in 1994, the market was wide open for them because people hated their cable monopolies. All that Dish Network needed to do was provide a good customer experience. Clark will never quite understand how they blew it.

Today the consumer champ puts out a renewed call to the company to rethink how it builds relationships with customers. Dish Network honcho Charlie Ergen is welcome to come on the show and explain his side of the story.

If you filed a complaint against Dish Network between Jan. 1, 2004 and July 9, 2009, you may be eligible for compensation. Call Dish Network customer service at (888) 825-2557 or contact the office of your state's attorney general for more details.

Editors's note: This segment originally aired July 2009

Nov 20, 2009 -- Kangaroo court arbitrator shut down by Minnesota AG

Minnesota's Attorney General Lori Swanson has scored a major victory for consumers by banning one company that provided kangaroo court arbitration in credit card disputes from operating in that arena.

As part of your card-holder agreement, the banks that control most of the credit cards in the United States require any disputes to be settled in a forum where they pick the arbitrator and set the rules. This type of forum finds in favor of the banks 99.9996% of the time, according to a prior report. There's no way that could be a fair and impartial process.

Swanson's action was targeted against the National Arbitration Forum -- the country's largest administrator of credit card and consumer collections arbitrations.

"To consumers, the company said it was impartial," the attorney general said in a statement, "but behind the scenes, it worked alongside credit card companies to get them to put unfair arbitration clauses in the fine print of their contracts and to appoint the Forum as the arbitrator. Now the company is out of this business."

Throughout our nation's history, brave men and women have fought for our freedom and our branches of government. For the banksters to spit on their graves by not allowing you your day in court is an outrage.

There are, of course, other options that are more equitable than mandatory arbitration via a kangaroo court. Arizona is a leader in what's called alternative dispute resolution. This voluntary solution allows people to try to work out their problems with companies first -- with the understanding that going to court is possible if necessary.

Editors's note: This segment originally aired July 2009

Oct 15, 2009 -- Mandatory arbitration a national scandal

New reporting from The Wall Street Journal reveals that mandatory arbitration -- often called "kangaroo court arbitration" by Clark -- is more of a rip than even previously thought.

The Journal reveals that private-equity firm Accretive LLC owns the National Arbitration Forum, law firm Mann Bracken and the collection agency that collects on any judgments.

That's like going before a judge in a dispute with a company and having the company own the judge and lawyers, plus the third party you have to pay when you're ruled against. In essence, one party is playing judge, jury and executioner!

But wait, it gets worse. With mandatory arbitration contracts, the company is eligible to immediately get a judgment against you in court without giving you a day before a judge -- as if that would even matter in these kangaroo cases! But it could result in a garnishment of your wages or the emptying of your account.

In addition, the Journal reports there's also sworn testimony on record that if an arbitrator found in your favor, they got fired. Talk about a stacked deck!

There's a reason why we have three branches of government. Throughout our nation's history, brave men and women have fought for our freedom. For corporate America to spit on their graves by not allowing you your day in court is an outrage. In fact, Clark is declaring it a national scandal.

Jul 27, 2009 -- More flaws in mandatory arbitration revealed

Clark admits he's sounded like a broken record in the past while constantly repeating a refrain about the dangers of kangaroo court arbitrations imposed on us by corporate America.

Arbitration is set up by companies to take advantage of you. Sounds like just rhetoric to you? Consider this: Recent Congressional hearings found that companies actually use software programs to calculate how often an arbitration firm will rule in their favor and the dollar amount of each ruling.

If a certain arbitrator isn't up to snuff, they get fired. A company can then turn around and change the terms and conditions on customers before hiring a new arbitrator more likely to rule in their favor.

Minnesota's Attorney General Lori Swanson recently testified in Congress about abuses going on in the arbitration forums. Some collection agencies even use the rulings of these kangaroo courts as an excuse to garnish your wages or empty your checking or savings account.

Of course, there are ways to fix this. This "scandal a day" approach may lead to reforms that come up with a more equitable approach. For starters, Clark believes mandatory arbitration should be banned from all contracts between employers and employees and businesses and consumers.

Jul 22, 2009 -- Kangaroo court arbitrator shut down by Minnesota AG

Minnesota's Attorney General Lori Swanson has scored a major victory for consumers by banning one company that provided kangaroo court arbitration in credit card disputes from operating in that arena.

As part of your card-holder agreement, the banks that control most of the credit cards in the United States require any disputes to be settled in a forum where they pick the arbitrator and set the rules. This type of forum finds in favor of the banks 99.9996% of the time, according to a prior report. There's no way that could be a fair and impartial process.

Swanson's action was targeted against the National Arbitration Forum -- the country's largest administrator of credit card and consumer collections arbitrations.

"To consumers, the company said it was impartial," the attorney general said in a statement, "but behind the scenes, it worked alongside credit card companies to get them to put unfair arbitration clauses in the fine print of their contracts and to appoint the Forum as the arbitrator. Now the company is out of this business."

Throughout our nation's history, brave men and women have fought for our freedom and our branches of government. For the banksters to spit on their graves by not allowing you your day in court is an outrage.

There are, of course, other options that are more equitable than mandatory arbitration via a kangaroo court. Arizona is a leader in what's called alternative dispute resolution. This voluntary solution allows people to try to work out their problems with companies first -- with the understanding that going to court is possible if necessary.

Jul 16, 2008 -- Dell sued over mandatory arbitration

Much of corporate America forces mandatory arbitration on its customers in what amounts to a stacked-deck proposition against consumers. For example, this practice allows Bank of America to win 99.9% of the time with the arbitrators they choose. So it's almost statistically impossible for a consumer filing a complaint to get a fair hearing.

There are, of course, other more equitable options. Arizona is a leader in alternative dispute resolution. Such voluntary solutions allow people to try to work out their problems with companies first -- with the understanding that going to court is a possibility if necessary.

Dell Computers recently lost a court battle in New Mexico because they were disallowing class-action status under their mandatory arbitration rules. Other states have also struck down so-called "kangaroo court" clauses that ban class-action suits.

Clark has no bias in favor of litigation. He himself is open to being sued every time he steps up to the microphone. He does have an umbrella liability insurance policy to protect his assets, but the insurer refuses to cover his work as a media personality.

The bottom line is this: Mandatory arbitration has been not been adopted by corporate America to avoid the risk of court. Rather, the aim is to prevent consumers from having a fair shake in the event of wrongdoing.

Apr 09, 2008 -- Bank of America sued over mandatory arbitration

Clark has long objected to companies putting mandatory arbitration clauses into contracts. Many car dealerships, home builders, cable providers, cell carriers and others do this. Why? They want to be able to cheat you and not worry about consequences.

The city of San Francisco now is suing Bank of America over its mandatory arbitration process. Stacked-deck kangaroo courts allow BoA to win 99.9% of the time with the arbitrators they choose. Sounds like the results of a Third World election.

One supposedly impartial arbitrator in Minneapolis has heard more than 18,000 cases. The arbitrator found for businesses 18,045 times and for the consumer 30 times. How can that be unbiased?

Clark loves alternative dispute resolution, which offers a mediation process where both parties agree not to go to court and instead arbitrate in a mutually decided upon forum. But that's not what BoA is offering; their arbitration is just a joke and they have no intention of fairness. The irony is that it will be up to courts again to decide if BoA's use of the mandatory arbitration process is fair. Boy, that bank is lucky that Clark's not sitting as the judge!

Jul 18, 2007 -- Avoid the full-commission stock broker trap

The stock brokerage industry is divided into two camps: There are the brokers who work on a full commission from the investments they sell you, and those that get paid based on the financial advice they give you. Meanwhile, consumer protection in the field is very weak. The industry has a mentality that brokers are salespeople who shouldn't have to follow any business code of ethics. It's as if the majority of the industry doesn't really care about the financial interests of its clients. In fact, the industry even conned the federal government into passing a law that says brokers aren't liable for bringing you to financial ruin so long as they presented you with "suitable" investment options. If you sign up with a stock broker, you actually waive your right to take them to court if they cheat you. You have to sign a form that forces you to go through company-run arbitration if there's a dispute. That makes it nearly impossible to get back your lost money! A study showed that you have a one in ten chance of winning in arbitration against stock brokers. It's a real kangaroo court scenario, according to Clark. Now, Clark has no problem with arbitration if it's mutually agreed upon by both parties. But this kind is crammed down your throat. Sure there are good brokers out there, but many others are not ethical. Clark's advice is that you never go to a full-commission stock broker. Only use brokers who get paid for their advice, not those who earn a commission from the investments they sell you.

Aug 09, 2005 -- Arbitration under fire in several states

One of the most unfair institutions of our capitalist system is arbitration. Cable, phone, insurance, travel and insurance companies are all establishing arbitration panels as a way to limit the rights of customers. In arbitration, customers are not allowed to take a company to court for any reason. Instead, an arbitration company comes in and there is another kind of “hearing” that determines whether the company did anything wrong. The problem is that the company picks the arbitration company. And if that arbitration outfit doesn’t find for the company, the outfit is fired. So, of course the arbitrators will find for the company. Arbitration procedures are always one-sided, and it’s wrong of the U.S. Congress not to pass a new law preventing them. California and Arizona have their own laws regarding arbitration. Arizona uses something called “alternative dispute resolution,” which is voluntary. It allows people to try to work out problems with companies first, and then they can go to court if necessary. California has banned arbitration all together. Clark would like the federal government to catch on and pass a law nationwide.

Mar 17, 2005 -- Congress investigates arbitration systems

Clark has been on a slow burn about arbitration for a very long time. The practice of arbitration is imposed on us today by stockbrokers and credit card companies, and we are powerless to control it. Why is arbitration so bad? Most of the systems set up by these companies are designed to cheat customers. These businesses basically force us into agreements that say we will agree to their arbitration system. When a customer gets into arbitration, the companies win 99 percent of the time. According to the Wall Street Journal, that happens because of the slanted arbitration panel. Companies take what are supposed to be neutral spots and they fill them with biased arbitrators. For instance, the “public arbitrators” actually work for a brokerage house and will always find in favor of the company. The good news is that Congress is looking into the practice of arbitration. Clark thinks mediation should be voluntary, not arbitrary. If it were voluntary, the customer would have to feel comfortable with how the process would work. So consumers would never enter arbitration if they knew the rules were bogus. That is the way it should be.

Sep 21, 2004 -- Steer clear of companies with

Clark has had a bias against what’s called “arbitration” for a long time. Voluntary arbitration is okay. That is when both parties volunteer to go to an arbitrator and work out their differences. But the private or mandatory process included in some business contracts is usually very underhanded and abusive. And more and more companies are implementing them. Arbitration is often used as an alternative to going to court, but it’s almost always in the favor of the business and not the consumer. One of the main industries involved in the abuse of consumers is the homebuilding industry, according to Smart Money magazine. Homebuilders include arbitration clauses in their contracts that are entirely anti-consumer. It’s almost a stacked deck against buyers, who have no chance with the biased arbitrators and biased arbitration panels that homebuilders hire. Car dealers are also adding arbitration clauses, some of which say that the consumer must pay $4,000 to settle an arbitration. In actuality, it would cost a couple hundred dollars at most. Courts recently decided that some of the car dealer arbitration clauses are, by their very nature, illegal and unenforceable. So you can still go to court. But credit card companies and insurance companies have implemented arbitration clauses and they “win” 99 percent of the time. So, it’s clear that most of these systems are inherently flawed. No one wants to go to court; it’s no fun. But you don’t want to enter into arbitration with these businesses either. Look over your contracts for a mention of an “arbitration clause.” If there is one, run the other way!

Feb 06, 2004 -- Fannie Mae/Freddie Mac no longer allowin

Clark gets a huge number of calls from listeners who have had serious problems with their mortgage lender. Lenders have been known to mess up loan balances and to fail to pay taxes on time and sometimes not at all. As a result, a homeowner’s insurance can be cancelled and the homeowner has to buy ultra expensive insurance because no one wants him or her as a customer. Then, when people try to sue them for fouling up, it’s not possible because, according to their documents, lenders only allow “arbitration” as a way to resolve disputes. And the arbitration process is fixed in favor of the lender nearly every time. But all that is about to change. Because of the incredible numbers of abuses, Fannie Mae and Freddie Mac are taking a stand and are saying that they won’t allow any lender writing loans for them to require mandatory arbitration. They will no longer be able to refer disputes to a third party arbitrator, and it’s about time! Clark doesn’t object to arbitration or mediation. Alternative dispute resolution, in general, is a great thing. But it should be the choice of both parties to go, and each party gets to decide whom they will use. Banks have been the greatest abusers of the arbitration system. One of the nation’s largest banks won arbitration 99.9 percent of the time. Now, that is ridiculous! It’s cynical, abusive and wrong. And now it won’t be allowed for nearly all mortgage loans written in the country. Clark saw information recently about how the public feels toward mortgage lenders. The industry received one of the lowest scores ever reported in the history of surveying customer satisfaction. So, let’s hope this knocks some sense into lenders’ heads.
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