Stuck in Arbitration

The New York Times—March 7th, 2012

You buy a cellphone, computer or car. You sign up for a credit card or open a retirement account. You apply for a job.

In all these circumstances, you’re told that you must agree to dozens of terms and conditions, set forth in technical verbiage and tiny print. Eager to complete your purchase — or desperate to be hired — you ultimately sign without reading.

If you’re lucky, nothing goes wrong. But a growing number of consumers and job seekers discover, when something does go wrong, that they have unknowingly agreed to waive their right to file a lawsuit. Instead, they must submit to arbitration.

Read More: The New York Times

The Court’s Defenders: Polluters, Big Insurance, Corporate Wrongdoers

Court Watch—January 30th, 2012

On the heels of a 10-year review by Court Watch that found the Texas Supreme Court routinely sides with big government and big corporate interests over everyday Texans, the very special interests that benefit from the Court’s pro-defendant penchant rose to the court’s defense. None of the attacks, however, were able to discredit Court Watch’s findings or the report’s conclusions. Instead, critics are resorting to condescension and ad hominem attacks.

The report, “Thumbs on the Scale: A Retrospective of the Texas Supreme Court, 2000-2010,” was released last week by Court Watch, a project of the Texas Watch Foundation. Among the report’s findings was that consumers lost an average of 79% of cases at the high court and that the court overturned 74% of local juries who found in favor of consumers. Read More »

AUDIO: The Texas Supreme Court Has a Profound Effect on the Everyday Lives of Texans

Texas Matters, Texas Public Radio—January 30th, 2012

The Texas Supreme Court has a profound effect on the everyday lives of Texans. It is the court of last resort for non-criminal matters in the state. But according to a scathing report released this week by the advocacy group Texas Watch, over the last 10 years, the majority of Texas Supreme Court decisions have favored corporate interests over consumers. And the panel of judges, according to the report, has repeatedly overstepped its authority by overturning jury verdicts and interpreting the law to benefit the rich.

Listen: Texas Public Radio (Texas Matters, Segment 3)

Report: Texas Supreme Court Sides Against Consumers In 4 Out of 5 Cases

ThinkProgress—January 30th, 2012

Last August, ThinkProgress highlighted a Texas Watch report showing that the Texas Supreme Court “sided with consumers in 27 percent of cases involving an individual against a corporation or government agency — and it reversed jury verdicts in 72 percent of cases.” A new report by that same organization shows that the court’s favoritism towards corporations is now even worse.

Read More: ThinkProgress

AUDIO: Texas Families Deserve a Fair Shake at Texas Supreme Court & They Aren’t Getting It

KTRH—January 30th, 2012

Listen to Court Watch director Alex Winslow talk about Court Watch’s latest report with Kristen Flowers of KTRH radio in Houston.

“Texas families deserve a fair shake when they go to the courthouse. And, when they make it to the highest court in the land, they’re just not getting that fair shake.”

Credit Card Arbitration Trumps Lawsuits, Court Says

NPR—January 13th, 2012

Consumers who sign credit card agreements that feature an arbitration clause cannot dispute fees or charges in court, the Supreme Court ruled Tuesday. The 8-to-1 decision drew immediate fire from consumer advocates.

To get a credit card, a consumer generally must sign a detailed agreement. In the fine print, almost always, is an arbitration clause that says that if consumers want to dispute fees, they must do so through arbitration, not in court.

A 1996 federal law allowed consumers to take their disputes to court. But in its ruling Tuesday, the Supreme Court said arbitration clauses in those agreements trump that law.

Read More: NPR

Consumers’ Right to Sue

The New York Times—October 14th, 2011

The question of how far companies can go in taking away their customers’ right to sue returned to the Supreme Court this week. The case involves a subprime credit card company called CompuCredit, which was sued by three customers in federal court for deceptive practices under the 1996 Credit Repair Organizations Act.

The company argued that they were barred from bringing lawsuits because their contract allowed them to enforce their rights only through arbitration, which prevents them from having their dispute resolved by an impartial judge and jury in a public court.

The act was passed to shield people from companies making bogus promises of credit repair. It says: “You have a right to sue a credit repair organization that violates” the act and a “waiver by any consumer of any protection” shall be “treated as void” and “may not be enforced by any federal or state court or any other person.” Despite that clear language, CompuCredit’s lawyer insisted that the wording is not “sufficiently explicit” to create a right to sue if a contract contains an arbitration clause.

Read More: The New York Times

The Terrible Texas 5: The Worst of the Corporate Immunity Agenda

Texas Watch—October 6th, 2011

Over the last decade, Texas politicians and lobbyists have enacted a series of devastating legal changes that severely restrict the legal rights of individuals, families, and small businessowners. These changes have made Texas a more dangerous place in which the value of accountability has been discarded.

Here are our picks for the Terrible Texas 5, a sampling of the worst of the corporate immunity agenda in our state. Read More »

Report: Tort “Reform” in Texas: Implementing the Corporate Immunity Agenda

Texas Watch Foundation—September 26th, 2011

Despite a professed desire to adhere to fundamental constitutional principles, Governor Rick Perry’s tenure has been marked by radical changes that arbitrarily and dangerously restrict the legal and constitutional rights of Texans of all walks of life, including patients, families, workers, homeowners, senior citizens, policyholders, and small business owners.  This report discusses the most notable of these statutory changes and details their devastating human cost, namely, how they have closed the courthouse door on many Texas families. Read More »

Jones Case About Getting Day in Court – Not Winning or Losing

Texas Watch—July 8th, 2011

Today the jury reached its verdict in the Jamie Leigh Jones case. Ms. Jones fought for years to have her case heard by a jury of her peers in open court rather than in a secret binding arbitration proceeding.

The following is a statement from Alex Winslow, executive director of Texas Watch. Read More »

Research & Reports
Research & Reports

The Texas Watch Foundation, a non-partisan 501(c)(3) organization, conducts research and public education activities on consumer law, consumer protection and civil justice issues. Read More »

Court Watch
Court Watch

Court Watch, a program of the Foundation, documents the role and impact of the Texas civil court system on Texas families and Texas public policy. Read More »