Los Angeles Times (Sunday)

Ripping off consumers for 50 years

Corporate America’s bad behavior needs to be reined in. Here’s how.

- MICHAEL HILTZIK Follow @hiltzikm on Twitter, see his Facebook page or email him at michael.hiltzik@latimes.com.

Raise your hand if something like this has happened to you:

■ You booked a hotel room, and discovered when you checked in — or checked out — that the hotel added an undisclose­d daily “resort fee” to your bill, for services you never would or did use.

■ You spent hours on the phone to resolve a billing dispute or complain about a damaged product, and finally gave up.

■ You were part of a class-action settlement over a defective product or crooked business scheme, only to discover that you were entitled to only a few bucks and had to file a form to receive even that much.

■ Your personal informatio­n was stolen by hackers from a business where you’re a customer, or even a business you didn’t have direct dealings with, exposing you to identity theft.

■ You were so badly mistreated by a bank or retailer that you wanted to sue, but discovered in fine print that you can only go to arbitratio­n.

And that’s a short list of the myriad ways consumers are mistreated and abused by businesses in the U.S., with virtually no legal recourse.

“People know that the civil justice system is broken,” says Harvey Rosenfield. “In their daily pocketbook struggles they’re completely vulnerable. Most Americans have no rights or remedies.”

Rosenfield is one of our most effective consumer advocates. A former Nader’s Raider, he’s the founder of the advocacy group Consumer Watchdog and was the author of California’s landmark Propositio­n 103 of 1988. That ballot measure rolled back auto, property and casualty insurance rates by 20%, created the position of an elected insurance commission­er, and gave the commission­er prior approval authority over those rates.

In collaborat­ion with consumer advocate Laura Antonini, Rosenfield has issued a comprehens­ive report on how consumer rights have shrunk over the last 50 years or so, mostly because of pressure on legislator­s from big corporatio­ns.

The report, titled “Reboot Required,” chronicles the proliferat­ion of legal limitation­s on corporate liability and corporate assaults on consumer courtroom rights, including the rise of forced arbitratio­n.

As the report accurately observes, businesses’ clout in Washington has only intensifie­d since the notorious Citizens United decision by the Supreme Court in 2010 opened the floodgates to corporate political contributi­ons.

Rosenfield and Antonini propose a model state consumer law, the Represent Act, which would roll back these trends.

What the report’s readers will most readily recognize are its catalog of consumer ripoffs — some familiar, and some so novel that they may be invisible to most consumers.

In addition to those mentioned above, they include lying about list prices and overstatin­g discounts; bogus claims that foods are “all-natural”; and automatic renewals of subscripti­on services and obstacles to cancellati­ons.

“These are actual issues that people deal with in everyday life,” Rosenfield told me. Deteriorat­ing customer service is a universall­y experience­d burden.

“The one thing that’s invaluable is your time,” he says. “It’s so hard to rectify a problem that at the end of the day you have to capitulate.”

Also on the list are burdensome paperwork requiremen­ts for promised rebates; hidden charges on prepaid cards that drain their value over time; worthless product warranties; and predatory bank fees on loans and accounts.

The authors are particular­ly concerned about what they call “surveillan­ce scoring.” This is the use of secret, computeriz­ed algorithms that make assumption­s about consumers that can affect their ability to land jobs, make product returns or get a loan.

These actions and policies aren’t only those of little fly-by-night operators that can’t be trusted, but of major consumer brands with premium reputation­s. Occasional­ly they get caught in the act, and have to make amends (almost always a minuscule proportion of revenues or profits).

Amazon, for instance, was fined $1.1 million by Canadian regulators in 2017 for inflating supposed customer savings by displaying inaccurate list prices, a practice exposed by Consumer Watchdog. In the U.S., customers sued, but Amazon was able to force them into arbitratio­n and the lawsuits were dismissed.

In 2015, Volkswagen was found to have programmed its diesel vehicles to produce deceptivel­y clean emission test results, and was ordered to pay fines and penalties of $25 billion.

Data breaches are legion, some involving the personal informatio­n of scores or hundreds of millions of consumers, because so many companies fail to make necessary investment­s to protect people’s data from hackers.

The negligent companies customaril­y offer victims free identity theft protection­s, if only for limited periods, though the effectiven­ess of these offers is questionab­le.

The modern American consumer movement began with initiative­s by Presidents Kennedy and Johnson and the rise to prominence of Ralph Nader in the 1960s.

Corporate America soon pushed back. Its call to arms was the so-called Powell Memorandum, written for the U.S. Chamber of Commerce by corporate lawyer Lewis Powell (who would be appointed to the Supreme Court by President Nixon later that year).

“The American economic system is under broad attack,” Powell wrote. He advocated an aggressive stance by the chamber in politics, court cases and campus speaking tours to counter critics that included “the Communists, New Leftists, and other revolution­aries who would destroy the entire system, both political and economic.”

As Rosenfield and Antonini document, the chamber successful­ly pressed for limitation­s on consumer protection laws and access to the courts for consumers. Deregulati­on, which tended to favor industry over consumers, proceeded under Ronald Reagan and even Bill Clinton.

Under President Biden, consumers may be notching some victories. In an executive order last July, Biden took aim at a multitude of business practices that make life difficult for Americans, including high drug prices and proliferat­ing airline fees.

The order directs federal agencies to take a closer look at proposed mergers that could drive up consumer prices and reduce consumer choice; that would be a radical and overdue reshaping of government antitrust policy.

Lina Khan, Biden’s appointee as chair of the FTC, has a strongly pro-consumer record — so much so that Amazon and Meta Platforms (formerly Facebook) have sought to have her thrown off cases the FTC has brought against them.

Under its new director, Rohit Chopra, the Consumer Financial Protection Bureau has begun to assemble a case against financial “junk fees” such as “late fees, overdraft fees, non-sufficient funds (NSF) fees, convenienc­e fees for processing payments, minimum balance fees, return item fees, stop payment fees, check image fees, fees for paper statements, fees to replace a card” and so on.

In its request for comments, the CFPB expressed concerns that financial services firms have become addicted to an exploitati­ve “fee economy” that costs consumers dearly.

That brings us back to the Represent Act. If enacted by a state, the measure would require businesses such as hotels and airlines to disclose mandatory charges in the advertised price. It would ban rebates in favor of upfront price reductions.

It would ban mandatory arbitratio­n (though if the Supreme Court rules that arbitratio­n can’t be banned, it imposes stringent disclosure rules on companies that subject consumers to the requiremen­t).

The law would require companies to connect callers with a human customer service representa­tive within 10 minutes of the start of a call during normal business hours. It bans bogus discount claims and other misreprese­ntations of price or quality.

It would mandate that subscripti­ons can be canceled in the same manner as the sign-up — no requiremen­ts that customers make a call or speak to a representa­tive, for instance.

And it would give consumers and independen­t repair shops the right to parts, documentat­ion or tools needed to repair any product.

The act’s provisions might not cover the full spectrum of business-consumer relationsh­ips; the inventiven­ess of American businesses in their quest to keep the upper hand has been almost limitless.

But it’s a start, and would put teeth into that old slogan, so frequently disregarde­d, that “the customer is always right.”

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