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Old 10-25-2017, 10:22 PM
 
10,553 posts, read 9,653,382 times
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Quote:
Originally Posted by pghquest View Post
Assuming these figures are correct

I'd much rather be in the arbitrator section than the lawsuit one
The arbitration is for individuals, as you have noted. As an individual you would need to pay a lawyer to go up against a huge financial institution like Wells Fargo whose funding for lawyers is bottomless. An enormous amount of your time, probably years, and money would go towards settling what might well be a beef over say a few hundred dollars. Who is going to do that? It's not worth it. The lawyers fees alone to take on a big institution would be in the tens of thousands, or more likely the hundreds of thousands. And if, as an individual, you do not win, you might well find yourself responsible for the winning side's legal fees, which would be in the hundreds of thousands. So, very few consumers are going to take that on.

These lawsuits are not about the amount of money an individual consumer can win against a financial institution. It is about making the big financial institutions play fair and not rip consumers off. It's about consumer protection.
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Old 10-25-2017, 10:27 PM
 
69,368 posts, read 64,128,317 times
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Quote:
Originally Posted by Mr. Zero View Post
It might not have been clear when I initially posted, but my main motivation for allowing class action lawsuits is that it serves as a bigger deterrent against bad behavior by corporations, due to larger overall payouts as well as bad publicity. That benefits all consumers.
I'm not sure how you can honestly believe that given the average payout is $29

If there is some big bad behavior, and banks have to pay out thousands to large number of consumers, that would be a much more severe punishment, and even come at a faster pace given banks can prolong class action lawsuits years. They cant prolong an onslaught of arbitration cases.
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Old 10-25-2017, 10:29 PM
 
69,368 posts, read 64,128,317 times
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Quote:
Originally Posted by ellemint View Post
The arbitration is for individuals, as you have noted. As an individual you would need to pay a lawyer to go up against a huge financial institution like Wells Fargo whose funding for lawyers is bottomless. An enormous amount of your time, probably years, and money would go towards settling what might well be a beef over say a few hundred dollars. Who is going to do that? It's not worth it. The lawyers fees alone to take on a big institution would be in the tens of thousands, or more likely the hundreds of thousands. And if, as an individual, you do not win, you might well find yourself responsible for the winning side's legal fees, which would be in the hundreds of thousands. So, very few consumers are going to take that on.

These lawsuits are not about the amount of money an individual consumer can win against a financial institution. It is about making the big financial institutions play fair and not rip consumers off. It's about consumer protection.
you dont usually need lawyers for arbitration cases, but you do however need them for class action lawyers.

Wells Fargo would probably rather have a group of lawyers fighting one class action lawsuit over thousands of different arbitration cases. Now all of a sudden they will need to hire even more individuals to show up at arbitration cases, and given their average payouts are 150 times higher, this might actually be the worse
thing in the world for a bank in the event they really do something stupid in volume.
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Old 10-25-2017, 10:30 PM
 
684 posts, read 1,151,248 times
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Class actions are really punitive actions against the defendant, rather that compensatory actions for the plaintiffs.
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Old 10-25-2017, 10:41 PM
 
Location: NY/LA
4,663 posts, read 4,551,394 times
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Quote:
Originally Posted by pghquest View Post
I'm not sure how you can honestly believe that given the average payout is $29

If there is some big bad behavior, and banks have to pay out thousands to large number of consumers, that would be a much more severe punishment, and even come at a faster pace given banks can prolong class action lawsuits years. They cant prolong an onslaught of arbitration cases.
I'm not talking about the payout per person, I'm talking about the payout per case.

"NERA’s data indicates that the median settlement fund value fluctuated between $9 million and $9.8 million for each year from 2010 through 2013, with the largest percentage of settlements valued at less than $10 million."

Study of Consumer Class Action Settlements Confirms Steady Increase in Number of Settlements Since 2010 | Consumer Financial Services Law Monitor

This data on consumer class action settlements is a bit old, and settlements are even higher now. So if you're a corporation, are you going to be more worried about losing a few thousand in an arbitration case, or millions in a class action lawsuit?

Last edited by Mr. Zero; 10-25-2017 at 10:59 PM..
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Old 10-25-2017, 11:12 PM
 
Location: Eugene, Oregon
11,122 posts, read 5,595,236 times
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Quote:
Originally Posted by ellemint View Post
Big win for banks!
Big loss for consumers!
You've waived your right to sue big banks that cheat and defraud you! Yay!
Thanks GOP voters !!!! Your votes did count!

KAC! KEEPING AMERICA CORRUPT!

The Trump administration and its co-conspirators have become so bold, that they no longer bother to try to conceal their corruption. After another year of this, we won't be much different than Putin's Russia.
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Old 10-26-2017, 05:14 AM
 
79,907 posts, read 44,222,338 times
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Quote:
Originally Posted by evilcart View Post
well betsy earned her job, what with "hasten slowly" and funding citizens united......

without those never ending lawsuits funded by billionaires to let billionaires and corps buy votes things would be a lot more chill....

trump could never have made it without the Mercer money and Mercer's dancing fool Bannon....
Citizen United was brought by the ACLU, NARAL and the NRA.
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Old 10-26-2017, 05:18 AM
 
79,907 posts, read 44,222,338 times
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Quote:
Originally Posted by pghquest View Post
The number of arbitration cases will seriously climb, if you think it'll stay at 39 per year you're kidding yourself.

its far easier to file an arbitration case than a lawsuit anyways, and its far cheaper.

this makes it easier for the consumer to seek recourse, especially poor consumers

I dont agree with taking away a right to sue, but to pretend this means banks can do what or this destroys consumers ability to recover damages, is just idiotic.
Arbitration is a scam. Much like prosecutors investigating police misconduct. Arbitrators aren't going to bite the hand that feeds them.
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Old 10-26-2017, 05:19 AM
 
79,907 posts, read 44,222,338 times
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Quote:
Originally Posted by ambient View Post
Is this how we "drain the swamp?" By letting billionaires who run the banks tank our economy with their subprime bubbles and open up accounts in our names without consent?

At any rate, this is not surprising because GOP is a party that serves only the rich. All their policies are designed to help the rich getting richer and to screw everyone else, especially the poor, sick, and elderly. So expect to see more **** like this.
There would be no swamp to drain if it was only the GOP.
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Old 10-26-2017, 05:23 AM
 
79,907 posts, read 44,222,338 times
Reputation: 17209
Quote:
Originally Posted by pghquest View Post
I didnt state otherwise, but the stats posted clearly shows arbitration awards are far higher than class action ones on behalf of the consumers..

not even close to one another..

To whine that $20 payments are fair for people the left proclaims is being ripped off, is just idiotic..
It's not up to you to decide for others what is best for them. It's not up to the government. The Constitution gives us a right to assemble with whoever I want. If I am harmed and my neighbors are harmed there is NO reason the government should step in and state that we all can not sue together.

I spent the last eight years arguing against the undefendable and here we are again.
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