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rradina

join:2000-08-08
Chesterfield, MO

I don't like this "solution" but something had to be d

Most class action law suits seem to be run by the same type of folks who accumulate patents and then troll corporations for money. My company, along with hundreds of other retailers, are currently involved in a lawsuit from a company that claims to have a patent on the popular "Store Locator" feature (i.e. where you enter your zip code and the site tells you about nearby stores.) This company exists only on paper, it has never created anything or offered any services but apparently they had an idea back in the mid 90s about an on-line Yellow Pages concept. (Why someone can patent the idea of putting the Yellow Pages on-line I simply don't understand but...)

My dad was recently notified of a class action lawsuit where the car dealer was charging a $150 fee every time they sold a car. He'll probably get his $150 refunded, the lawyers will get a bundle and the car dealer will likely continue to charge the fee but identify it differently.

Apparently someone bought a car and later they were upset about the added $150 fee.

I agree with some who say we are losing avenues of recourse when uncomfortable or truly bad things happen to us. However, I don't know if I would go so far as to say we have a "right" to collectively ban together and whack a company upside the head. We can still individually bring a suit against a company but obviously we are at a disadvantage.

In my opinion the biggest losers (which is shocking) is the class-action lawyers.
MyDogHsFleas
Premium
join:2007-08-15
Austin, TX
kudos:5

Re: I don't like this "solution" but something had to

My problem with class action lawsuits is the huge inefficiency they bring to the market. Obviously corporations need to be held accountable for their torts to their customers, just as natural persons need to be held accountable. But if you had to think up the least effective, most expensive, most anti-innovative process you could for effecting this accountability, class action lawsuits would be close to your idea.
Skippy25

join:2000-09-13
Hazelwood, MO

Re: I don't like this "solution" but something had to

So you think it would be better and more efficient if a company had to defend itself against 100 or several thousand people in many different states and counties?

I understand what you are saying, but I think it would cost a company a bunch more money and tie up a lot more court time to have to defend itself against thousands then if it had to defend itself one time representing those thousands.

Class action lawsuits I think help them control their legal fees. I personally believe their #1 motivation behind this is related to PR cost, not the actual fines they pay out as a result class action. I think they are also relying on people just accepting what they put in their contracts and then feeling like they have no choice.

My question is... how do you mark out a line on a contract when you are accepting it electronically? It is an all or none deal then.
sparks

join:2001-07-08
Little Rock, AR

Re: I don't like this "solution" but something had to

NO SKIPPY it would force these overgrown POS companies to quit F ing us every change they get and do something right the first time to avoid law suits.
WHAT IS SAYS IS GWBUSH appointed 3 sob's to the court and the final part of the puzzle is in place.

WE HAVE NO RIGHTS, NO REPRESENTATION AND NO PROTECTION

it is ALL controlled by the corporations and they just buy off anyone that gets in their way. The consumers in the country sat on their ass and did nothing for years....NOW YOU WILL PAY AND PAY AND PAY FOR IT
MyDogHsFleas
Premium
join:2007-08-15
Austin, TX
kudos:5
said by Skippy25:

So you think it would be better and more efficient if a company had to defend itself against 100 or several thousand people in many different states and counties?

I understand what you are saying, but I think it would cost a company a bunch more money and tie up a lot more court time to have to defend itself against thousands then if it had to defend itself one time representing those thousands.

Class action lawsuits I think help them control their legal fees. I personally believe their #1 motivation behind this is related to PR cost, not the actual fines they pay out as a result class action. I think they are also relying on people just accepting what they put in their contracts and then feeling like they have no choice.

You are seriously arguing that corporations would rather have class action lawsuits as part of the legal system, than not? I don't think so. Why do you think AT&T, for example, allows individuals to sue in small claims court as an alternative to arbitration? (Bet you didn't know that. Read your TOS.) But they don't allow class action lawsuits? That is what they are trying to avoid by specifying arbitration in their terms.

My question is... how do you mark out a line on a contract when you are accepting it electronically? It is an all or none deal then.

Well, you don't. But first, it's not a contract. A contract requires two parties to sign it and must include an exchange of value. It's a TOS document that you agree to. Second, even if it weren't electronic, you'd need both parties to agree to changes. You can't just mark out a line on a contract arbitrarily, the other party must sign it too.

elwoodblues
Elwood Blues
Premium
join:2006-08-30
Somewhere in
kudos:2
Reviews:
·VMedia
said by rradina:

(Why someone can patent the idea of putting the Yellow Pages on-line I simply don't understand but...)

The US has a seriously broken patent office. I mean how can you patent a "One click check out".
--
Jake: "Four fried chickens, and a coke" Elwood: "And some dry white toast, please"

Dr Demento
I Vant Blud

join:2002-01-02
Denville, NJ

1 edit

Good Timing?

I think AT&T just helped rescue Sony from certain financial oblivion.