Thursday, May 27, 2010

Hijacking Democracy, The Corporate Choke Hold


  • Could Corporate America really be hijacking the democratic process? 
  • Could or would Congress or an Administration enable this to happen? 
  • How did so many corporations become Too Big to Fail?   
     
  • What is our confidence level in our government right now?

So, what's happening? 

Here's a few VERY tell-tale signs of the choke hold many people haven't felt tightening yet.  Or, we don't think they are important.  There are many more of these tid bits to come later.  Some will make you laugh, some cry, some you won't believe.  But, each is true.  I have had personal and direct experience with each.

  1. Companies can change consumer contracts, terms and conditions, and options without explicit consent.  Implied consent is given by NOT mailing in an objection.  Implied consent is given by continuing to use the service, i.e. bank, credit card, telephone, internet sites, etc.. Integral to these is the 'we have no responsibility' and 'you indemnify us', and 'you agree that we can...' etc., language.
  2. Companies and some government agencies, like Medicare, don't have to return our canceled checks (other than with Check 21 system) so if there's a dispute THEY (company) have the evidence, not us.  Checks can thus be cashed more than once (if unintentionally).  The one line bank statement isn't adequate proof of payment and often doesn't even have the same Pay To name.  Companies claim checks are destroyed but offer only a statement of intent, no specific proof.
  3. Check 21 system of the Federal Reserve System substitutes return of a  cashed checks with a legal copy.  However, for disputes of amounts and duplications banks are given 90 days to correct.  So, this can make the consumer late in payment or overdrawn without protection against penalty or distress.
  4. If you are late on a mortgage payment your credit card interest rate can go up to ~33%.  This is retroactive on the balance.  This can continue to all credit cards and lead bad credit reporting to losing everything and wrecking someone's life.  This is only one example of this.  What does the word indentured servant mean? 
  5.  Companies have quite free reign to affect our credit ratings for mistakes they make.  Systems of resolution:  toll free customer service that employs people of foreign decent and can't be understood:  customer service that keeps transferring and placing on-hold and disconnecting resulting in such long time it isn't possible: written correspondence that is not answered: customer service agents without the authority to make changes or adjustments: And the list goes on, making resolution unlikely and punishment likely.
  6.  Credit Bureaus allowed to communicate in jibberish when responding to consumers objections or complaints to render them impotent.  Consumers have no rights to have an objective party or advocate review credit bureau record entries.  This is effectively a feudal system, even lawyers admit.  Companies are using this system to make huge sums from people who are Not a true credit problem and this allows Credit Card companies to do legalized loan sharking.
  7.  Insurance companies have the benefit to collect premiums for mandatory auto liability coverage.  Yet, if I get injured in an accident that is Not My Fault they can refuse my medical care reimbursement if I am treated by my family doctor who practices Homeopathic care (or any other alternative medicine).
  8.  Insurance companies decide themselves who is At Fault in no-fault auto insurance.  If both parties in an accident have liability only coverage both can be determined partially at fault.  The result is neither company pays anything.
  9.  Banks are not good custodians because they're not responsible to verify check signatures nor responsibile for windfall errors in their favor after 90 days.
  10.  Banks are allowed to withdraw money from your account when a bank draft is purchased (instead of placing a hold or reserve) and with no positive tracking system and proof of loss, keep any windfall of un-cashed draft.
  11.  Banks are not required to give customers positive acknowledgment of receipt for wire transfers.
  12.  Companies can refuse cash as payment for debt... even though it says on the dollar "This note is legal tender for all debts public and private".  And the Secretary of the Treasury said he did not know, at the time of my inquiry, what that quotation meant.  In this way they are forcing our use of banks and credit cards and other instruments of business and government.
  13.  Every internet web site disclaims responsibility for any loss and error and any consequential damage whatsoever.  And each major web site has the right to change their contract language and terms and conditions at will without notification and without highlighting the changes.  There are over 10,000 words (often 7pt or less font size) in the average terms and conditions of use.  Implied consent is give on usage of the site.

Future posts will add to this list or amplify it and will include government agencies.

My hypothesis is that our government is helping business to do away with checks and become electronically tied to our bank accounts or source of money directly.  There would be no practical way for the consumer to produce his own proof.  Item #13 precludes any significant consumer rights.  And there is no independent consumer advocate with legal power,  in Banking, Savings and Loan, Credit Card or Insurance (perfunctory and toothless).