Our Constitutional rights are being signed away.
A few weeks ago, the U.S. Supreme Court in AT&T Mobility LLC v. Concepcion et ux. told corporations that it is okay for them to write clauses into contracts that prevent people from filing class actions.
Most Americans probably haven’t heard about this decision, or don’t think it matters to them — until one day their credit card company charges them a $35 late fee that they believe they shouldn’t have to pay.
Who would sue for $35? No one. But what if the credit card company unfairly charged 2 million customers that same $35, and fraudulently made $70 million? Who would hold them accountable? No one, according to the new Supreme Court ruling.
Taking away people’s rights to access the courts is not that new for corporations. It has been going on for more than 25 years. It has been done through legislation, judicial elections, contractually and supported by a massive, corporate-funded public relations campaign.
Most Americans, however, have no idea – and, again, don’t seem to care — until something bad happens to them personally. Then, people understand, usually for the first time, how their constitutional rights — which stem from the 7th Amendment — have been taken away.
In fact, we have been unwittingly giving away our rights for years, by voting for politicians who cap damages, by electing judges biased toward corporate interests and by signing contracts with fine print forcing us into mandatory arbitration when a company harms us.
This systematic erosion of our rights to access the court system has been done in the guise of “tort reform,” which some people now consider a good thing. But it is, in fact, a term drummed up by the corporate sector and essentially restricts people’s rights to get justice in a court of law.
A “tort” is any harm caused by someone else. Whether you’re hurt in an automobile collision caused by another driver, by medical negligence or a defective product, the harm you suffer is called a tort. “Tort reform” laws are usually created to keep people with legitimate cases from getting into the court system — thereby allowing wrongdoers to be immune from liability and accountability, keeping people from learning about their unsafe products and practices.
Link: http://www.politico.com/news/stories/0611/57771.html