Despite the fact that the right to a jury trial is in the Bill of Rights, big corporations have been quietly closing the courthouse door to consumers for decades. And they aren’t done.
Since 1965, Milberg LLP has fought for everyone to have access to the courts, not just those who can afford to pay a lawyer an hourly rate. That can happen only if individuals can pool their damages into one action, pay for it on contingency, and recover without personally appearing in the case: this is what a class action is and does.
Certain members of the House of Representatives have introduced a bill whose objective is to shut the courthouse door to ordinary people by adding barriers to class action and multidistrict litigations.
The proposed bill, deceptively called the Fairness in Class Action Litigation Act of 2017, will make it harder for people to win class actions by placing numerous hurdles at all points of the class action litigation process. It will eliminate existing rights and place the burden on the people they harmed to overcome more and higher hurdles, and essentially require consumers to prove their case before the case can ever get to a trial.
Corporations claim victimization by class actions, even though the bar to winning them has been rising steadily for decades. Corporations have incrementally erected barriers they claim are merely “procedural” and necessary to protect their rights, or, absurdly, that the proposed changes help consumers. News about Wells Fargo’s opening of millions of fake customer accounts, banks using error-filled robo-signed paperwork to foreclose on homeowners, and countless other deceptions demonstrate the obvious: big corporations don’t need more legal protection.
Corporations hate class actions for a simple reason: they expose wrongdoing and force corporations to pay.
While regulators can and do help consumers, agencies are outgunned by corporate America and cannot address every wrong. Also, corporations aren’t limiting their latest assault on consumers to private civil enforcement. They are also trying to neutralize pro-consumer agencies, including the Consumer Finance Protection Bureau, which is being demonized by corporations for the simple reason that it is effective.
Anyone that values their rights should tell their Representative to vote against the Fairness in Class Action Litigation Act of 2017:
Contact the following attorney:
Andrei Rado, Esq.
One Pennsylvania Plaza 50th Fl
New York, NY 10119-0165
Phone number: (800) 320-5081
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