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11-07-2010, 06:12 PM | #1 |
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http://www.rawstory.com/rs/2010/11/a...tion-lawsuits/
Telecommunications provider AT&T is pursuing an argument in front of the nation's highest court that would permit companies which require service or employment contracts to explicitly forbid signatories from joining class action lawsuits. __________________________________________________ ________ Instead, if you signed a service or employment contract with AT&T (Or anyone else, for that matter) you are forced into Mandatory Binding Arbitration. Meaning, if your energy company, for example, requires a signed agreement before turning on the power to your house, you can't join a CAL. You would have any dispute which arises dealt with by an arbitrator. |
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11-07-2010, 08:02 PM | #2 |
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First I hate forced arbitration for the very reasons alluded to in the article, that the firms conducting that arbitration have a bias in favor of their employers. The same thing has been alleged regarding administrative agencies in the Federal government that are supposed to fairly decide actions brought by government employees. The administrative judges that are supposed to be impartial adjudicators of fact tend to disregard the employees claims and rule in favor of the government that employs them.
Though the Supreme Court has handed down some decisions which make absolutely no logic sense (decisions regarding the separation of Church and State come to mind) I cannot believe that the Court would rule that persons are not entitled to the equal protection of the laws. O.K. I am not a lawyer but my reasoning is that unless someone expressly gives up a right provided to them by the constitution, like the right to petition the government for redress of grievances and the equal protection of the laws, the Court cannot take those rights away just because someone may happen to work for a company that entered into a contract with another firm. As an example if company X signs an agreement with company Y that they will not pursue charges of discrimination an employee of company X should not be prohibited from legal action against company Y if that firm hangs a noose from their front door to intimidate any non-white employees of company X as they enter company Y's facility. I realize that example is a little extreme but it was the one that popped into my mind at the moment. |
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11-07-2010, 11:51 PM | #4 |
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Well look what we have here... suddenly the ultra rightwing talking heads aren't so quick to defend capitalism now that big buisness is suggesting we can't even organize and sue their asses. Too little, too late. Things are probably only going to get worse. I suggest you checkout books like communist manifesto, or my favorite... Vladimir Lenin's liberal left: an infantile disorder. Get used to the concept of an armed revolution. It might be all you have. |
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11-08-2010, 01:33 AM | #5 |
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11-08-2010, 01:35 AM | #6 |
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I realize that example is a little extreme but it was the one that popped into my mind at the moment. I mean, what if we were talking about businesses contractually nullifying.. Oh. I dunno.. Let's say the right to sue for racial discrimination. Anyone want to bet where they would come down on THAT? |
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11-08-2010, 01:44 AM | #7 |
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11-08-2010, 02:01 AM | #8 |
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It's also one thing if two parties agree to something that's reasonable. But with a company as large as AT&T there is no negotiating the contract, you either accept theirs, or you don't get the service. There are also provisions in most states that say you can't contractually agree to something that's illegal, I wonder if they're pressing into this area.
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11-08-2010, 02:06 AM | #9 |
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It's also one thing if two parties agree to something that's reasonable. But with a company as large as AT&T there is no negotiating the contract, you either accept theirs, or you don't get the service. There are also provisions in most states that say you can't contractually agree to something that's illegal, I wonder if they're pressing into this area. |
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11-08-2010, 02:10 AM | #10 |
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Or what about Health Insurance?
I mean they game this thing BIG TIME. You can't sell across state lines, so in some areas you effectively have a couple of companies to choose from.. by law.. and that's it. What can they write into their contract? I am normally in favor of such measures.. Because of you don't like it, you vote with your wallet.. But what if you literally CAN'T do that because they won't LET YOU? |
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11-08-2010, 02:23 AM | #12 |
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11-08-2010, 02:29 AM | #13 |
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11-08-2010, 02:33 AM | #16 |
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Monopolies are illegal. Local phone is Verizon. For LD I have options.. They aren't raping me.. and everything is fine. I wouldn't change unless I was offered a great deal. But I don't know that I COULD change if I wanted to. |
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11-08-2010, 02:42 AM | #17 |
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11-08-2010, 02:45 AM | #18 |
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Are those the only phone companies you can do business with? But DOHOHOHO!!! Capitalism is all about choice! Enjoy your two party system, you three way orgy of monopolized industry, and all whilest you have a shitty wage and pray to God nothing bad ever happens to you that puts you into a financial tailspin! |
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11-08-2010, 02:49 AM | #19 |
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I suppose there's brighthouse. But brighthouse sucks at everything... and doesn't time warner make enough money? |
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11-08-2010, 02:50 AM | #20 |
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