Posted By: Nancy (9:12pm 06-15-2008)

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NAF, AAA, CAS, all arbitration services are nothing but shills for big business. They market themselves to corporate America as a way to avoid legal accountability and boy does it work. It is a crime that Americans have lost their 7th amendment right through lengthy, fine print, contracts of adhesion. You can't make a purchase or sign a contract for anything today without signing away your Constitutional rights. The clauses are in everything from credit cards, purchasing a home, going to the doctor, and even when being admitted to a nursing home. If they kill your Mother through neglect -- oh well!! Don't expect to be able to hold them accountable in a court of law. And don't expect to learn which nursing homes are abusing the elderly because these arbitrations are nearly always secret with no public record.

Posted By: probono (4:21pm 06-15-2008)

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mismanners,
Let's hope you never have a personal disaster that strikes you or your family, such as cancer, tragic auto accident, business closing or layoff that wipes out your income and drains your savings. Then we might see how fast you pay off that $1,000 credit card bill.

Posted By: missmanners (4:04pm 06-15-2008)

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I guess you should have paid the debts back when they were $1000 then, huh? I don't have a lot of sympathy for ya. Did you not know how interest worked?

Posted By: Cindy (3:53pm 06-15-2008)

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The courts rarely refuse to enforce an arbitration award, though in the rare case a consumer wins, the courts do no more to help them collect than if it were litigation. I volunteer for a consumer org and we get lots of complaints about homebuilders and home warranty companies. Arbitration clauses are extremely common, and strip homeowners of important legal rights and leverage. Plus, arbitration keeps most of these complaints secret so others can't find out and choose to avoid companies based on their record. If a homeowner/consumer wins, they may get only a fraction of their actual damages in arbitration, then still never collect. We've heard virtually nothing but bad news from homeowners about arbitration. Arbitrators seem able to ignore the law and favor the corporation, ignoring evidence that the corporation was the wrong-doer. These clauses need to be made unenforceable, so that parties can choose how to resolve disputes after they arise and make informed choices.

Posted By: Theo (12:23am 06-15-2008)

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Mr. Brand has chosen to ignore what I said about an arbitration award NOT having the force of law until the Courts issue a ruling certifying it. As for evidence of the debt, I know under my state's laws, if a defendant does not file an answer to the Plaintiff's complaint, it's It still boggles my mind that someone would choose to ignore the fact that they're being sued. Also in my state, we can obtain what is called a clerk's judgment with limited evidence. Aside from the legal aspects, Mr. Brand still ignores the personal responsibility factor. If someone has run up thousands of dollars of debt, he needs to pay it off. Files are placed with my law firm only after three or four other collection agencies have failed to reach payment arrangements with the defendant. It costs more for us to sue someone than to set up a payment arrangement. People should quit blaming other for their debt and pay their bills.

Posted By: Paul Bland (11:18am 06-15-2008)

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"Theo" makes some statements that are not true, in my experience. In COURT, if a consumer doesn't show up, a court doesn't just give a creditor 100 cents on the dollar of their claim. In many many cases I've seen JUDGES insist that creditors PROVE that the sums they're claiming are real. PROVE that the creditors haven't tacked on phony fees, PROVE that the debts are not way past the statute of limitations, etc. Some judges don't look too hard, but in my experience, the COURTS in the United States take their job pretty seriously. The National Arbitration Forum arbitrators, by their own repeated public statements, just give a creditor 100 cents on the dollar whenever the consumer defaults. No one checks the figures, no back up is required. The arbitrators publicly brag of spending four to five minutes. That's not judging, that's rubber stamping. It proves why Americans should be proud of their courts, at least in comparison to corporate-selected arbitrators.

Posted By: Lawbot (11:15am 06-15-2008)

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So he's upset that people who owe money should repay it. Weird.

Posted By: harleyd (7:33am 06-15-2008)

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I am one of the people who can't get out from under old debt because of practices like this. Years and years ago I had some credit cards I eventually defaulted on. Most were well under $1,000. Twenty years or more ago and they are still on my credit report because I can't pay them off due to inflated interest and the collection agencies keep renewing them. Once you fall victim to the credit card people you will never get out of it.

Posted By: Theo (2:23am 06-15-2008)

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As someone who works in the collection industry, I found this article to be highly prejudicial. Mr. Bland is wrong in stating that courts want proof of all debts, interest and fees. The laws are very clear on what a court requires to enter judgment against a defendant. Also, it's not up to the credit card issuers to confirm that a person is victim of ID theft. My office gets that a lot and the person has no evidence that he is a victim of anything except for overspending on his part. And if a defendant doesn't respond, it's his fault and not that of the plaintiff. In my state we have to file documents with the court to get an arbitration award certified. An arbitration award doesn't have the same force of law as does a court decision. Sorry if I don't feel bad for people who charge up thousands of dollars on a credit card without any intention of paying it back.