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A new weapon in arbitration: sheer volume

nytimes.com

241–250 of 250 posts

Re: A new weapon in arbitration: sheer volume

#241
post #133

Earlier quoted context omitted.

I took State Farm to small claims court. They paid to upgrade it to general division at the last possible moment, which significantly increases the logistics and complexity of the case. I think they did it as an intimidation tactic. Corporations are horrible.

What was the result?

They also lost me as a customer, and I found a cheaper rate for better coverage with someone else.

Re: A new weapon in arbitration: sheer volume

#242
post #190

Earlier quoted context omitted.

The US stands alone in consumer arbitration. In most countries consumer arbitration is either heavily regulated, or non binding. In EU pre-dispute binding consumer arbitration clauses are considered unfair terms. American Exceptionalism in Consumer Arbitration https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2265556

The fact arbitration is a standard clause in every contract or terms of service proves it benefits nobody but the business. It's all about making consumers renounce their right to proper legal recourse. Why can corporations make people renounce their rights to begin with? Why even give people rights when every company will put a clause in their contracts that says "oh those are nice but please leave them at the door…

Part of the popularity is herd mentality. I know arbitration lawyers who find it bizarre - many company’s that would be better served by not using arbitration want it anyway.

Re: A new weapon in arbitration: sheer volume

#243

Earlier quoted context omitted.

The fact arbitration is a standard clause in every contract or terms of service proves it benefits nobody but the business. It's all about making consumers renounce their right to proper legal recourse. Why can corporations make people renounce their rights to begin with? Why even give people rights when every company will put a clause in their contracts that says "oh those are nice but please leave them at the door…

It's because the USian view has come to see rights as axiomatic primitives to be layered on top of rather than context-free qualitative assertions. This is regressive due to complexity-induced contradiction, but here we are. It's similar to how with Turing completeness you can implement a low level interpreter on top of a high level language, eschewing the high level language's fancy constructs.

What the fuck did you just say?

Re: A new weapon in arbitration: sheer volume

#244
post #133

Earlier quoted context omitted.

What was the result?

They settled the morning of the hearing for exactly as much money as I asked for before I took them to court. They admitted that the attorney alone cost much more than the settlement. Not to mention the court fees they had to pay.

Did it increase your expenses or did the court order them to pay costs for wasting the time of both the plaintiff and the court?

Re: A new weapon in arbitration: sheer volume

#245

Earlier quoted context omitted.

A lot of the challenges come out of the specifics of the laws surrounding unions. They were written in a much rougher era, where corporations and unions were very much in direct opposition. If we could re-write those laws, we could open the door to much more cooperative relationships between unions that the current laws do not allow. Unfortunately, there's no sign of the republican and democratic parties getting toge…

"much more cooperative relationships between unions" Sure, cooperation sounds good in theory, but don't we have examples (in the US) of where management of a company and management of their union ended up very friendly at the expense of the workers? I'm pretty sure I read about stuff like that in the context of the recent automotive union corruption scandals.

Past performance isn't always indicative of future performance. Cultures and worlds change. In many cases, people confuse poor concepts with poor execution (or vice-versa: bad concept with excellent execution or good luck can be successful).

I say try it maybe in one state and see how it goes.

Re: A new weapon in arbitration: sheer volume

#246

Earlier quoted context omitted.

A union may protect your rights, but they do ask for some in return - often the ability to work at non-union jobs. The point is, you're still "signing away your rights". You're agreeing that you won't do certain things that are within your right to do, as a condition to employment. Arbitration is ubiquitous because even at the cost of hundreds of dollars per hour arbitration is a lot cheaper and faster than going to…

I briefly worked as a field service engineer before becoming a programmer. The job that I worked was non-union but many (all?) of the electricians where in the local union. Do you know how that works with the idea that by joining a union you are giving up your right to work non-union jobs? I'm not trying to say that you are wrong, I just don't know enough to know if that was a special case or if there are certain cir…

Oh, _that's_ the reason behind naming anti-union laws "right to work".

Re: A new weapon in arbitration: sheer volume

#247

Earlier quoted context omitted.

Right, but over air broadcast hasn't been a primary mode of media consumption for decades at this point. The "censorship" on cable broadcasts you refer to are private companies keeping their content advertiser friendly not government restrictions.

Your response has little to do with the post. The FCC is a government agency, correct? so when it issues fines for "free speech"... "Between 1990 and 2004, the Federal Communications Commission (FCC) issued fines totalling $2.5 million to radio licensees for airing material it deemed indecent from The Howard Stern Show, the highest amount of any American radio show. " "On April 8, 2004, Clear Channel was fined $27,50…

No, they issue licenses to broadcast on certain frequencies. And some of these licenses dictate what content can be shown and at white time of day (usually to the effect of restricting mature content to evening and nighttime airing). This is because of the nature of how bandwidth is publicly owned, and so the the public gets to decide how to allocate a limited resource. Fines exist to accommodate the fact that certain content can't be censored reliably (e.g. live interviews or shows where someone can go off script), while still creating a disincentive to violate the terms of the license.

Any of these publishers could sell tapes or dvds of these shows and face no fines whatsoever. Similarly, they could air them on the internet or on cable television that is not subject to public control of content. There's no restrictions on the content itself, there's restriction on the use of publicly owned bandwidth.

Re: A new weapon in arbitration: sheer volume

#248

Earlier quoted context omitted.

A lot of the challenges come out of the specifics of the laws surrounding unions. They were written in a much rougher era, where corporations and unions were very much in direct opposition. If we could re-write those laws, we could open the door to much more cooperative relationships between unions that the current laws do not allow. Unfortunately, there's no sign of the republican and democratic parties getting toge…

"much more cooperative relationships between unions" Sure, cooperation sounds good in theory, but don't we have examples (in the US) of where management of a company and management of their union ended up very friendly at the expense of the workers? I'm pretty sure I read about stuff like that in the context of the recent automotive union corruption scandals.

I'm thinking more like things like works councils, and other ways that the employees could play more of a role in running the company, rather than the adversarial setup we have now. Here's an article from 1981 that gives some background: https://digitalcommons.law.msu.edu/cgi/viewcontent.cgi?artic...

Re: A new weapon in arbitration: sheer volume

#249
post #174
post #135

Earlier quoted context omitted.

State Farm is a mutual company. That means that the policyholders (i.e. you) actually own it. https://en.m.wikipedia.org/wiki/State_Farm

Why do the policyholders pay for so much TV advertising to get new policyholders? Increase in volume lowers overheads and spreads the risk pool, but surely not to the extent of the TV spending.

The principal agent problem:

https://en.m.wikipedia.org/wiki/Principal%E2%80%93agent_prob...

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