National Advocates of Consumer Association - Essay Example

National Advocates of Consumer Association Student name Institutional affiliation Date Abstract The National Association of Consumer Advocate (NACA) is an organization formed not for making income. It’s an association of attorneys and shopper advocates whose main objective is to protect welfare of clients. The members of this association are personal and communal sector attorneys, lawful services attorneys, bylaw professors, and regulation students (NACA, 2014). The body has a generous and learning finances implemented in its laws under chapter s501 (c) (3). The mission of the group is to maintain a meeting for communication, connection, and passing news between its members that enhance fairness for all buyers. Its major agenda is concerned with the officially permitted matters and providing announcement plat form for its members and clients. This enables them to fight against undue or unfavorable economic activities that impact on regulars. NACA consist of more than one thousand five hundred attorneys. They represent and have always championed for the welfare of thousands and thousands of buyers that deceptive, offensive and unfair selling practices has affected. It’s a country wide group that is fully committed to ensuring justice for all consumers. Its members and clients actively concerned in implementing favorable and free for all trading environment that is able to safeguard the privileges of the vulnerable group. Forced arbitration This is one of the advertisements that NACA had made to champion for the rights of its people and the consumers at large. It’s among the leading country wide campaigners for against unwarranted acts of forced arbitration. Its work is covered in excellent print of various items ranging from credit license bill, mobile phone service disclosures to worker documents and medical admittance contracts. The corporations that work in order to protect other organization are a private system for compulsory adjudication. Implemented in these non-negotiable and most of the times unobserved accord agreements, forced arbitration develop unreasonable Barrie that permits organizations to avoid responsibility and hindering the United State citizens the right of entry to courts. NACA, in collaboration with the Fair Arbitration Now Coalition, fights to retain reasonable federal laws that ban the undue practices of command arbitration. It works in the line of consumer, service and certifies treaty (NACA, 2014). The Arbitration Fairness Act and the Fairness Nursing Home Arbitration Act, works along the laid down laws crafted in the Federation Arbitration Act. This act requires that agreements to judge conflicts should be carried out after the disagreement has risen. No of these policies denies the use of arbitration, they only implement the customary economic values. They make these firms to vie for the works of all sides, rather than championing for the same industry of the business-only on the other hand of the dispute. Here is an extract of this advertisement: “In the 112th Congress NACA will continue to push for the passage of legislation that bans forced arbitration from consumer, employment and franchisee contracts. Through a comprehensive campaign to educate Congress about the unfairness of forced arbitration, NACA intends to get both pieces of legislation through their respective Congressional Committees and up for a full floor vote. NACA will also look to ensure that both the Securities and Exchange Commission and the Consumer Financial Protection Bureau use its newly granted power under the Dodd-Frank Wall Street Reform and Consumer Protection Act to ban forced arbitration from consumer contracts.”(NACA, 2014). Analysis of this advertisement To start with, it’s good to find out the meaning of the term arbitration. This is a different method of solving conflict that may have risen between 2 or more parties. Here both sides bring out their complaints to a mediator or the chamber. The arbitrator sets the rules governing how the dispute will be solved, weighs the points and concerns of all the parties and then make a judgment. The contribution of this person or panel may be unpaid or compulsory. There may be voluntary arbitration where the warring sides freely present their burning issues to the mediator in case of a disagreement (Kondalkar, 2007) The parties have the privilege to search for the most excellent options to work out their claims. On the other hand, forced arbitration is where a firm may demand its consumers or works to present any dispute that might have occurred. This can be done as an obligatory arbitration following the state of working or buying an item or after a service has been rendered. The worker or client has a chance to relinquish their right to go to court, take part in class act proceedings, or to petition again. The latter is commonly applied in many areas. Today it’s documented in more terms of accord and pact. It is applied in many fields such as employments, insurance, real estate, getting a car mortgage, in credit cards, giving up work financial records, asset accounts, and tending facilities (NACA, 2014). The reason for this advertisement is because many American citizens do not easily notice them in contract forms. Some firms also use confusing words when writing these agreements that make many people unable to notice when shopping, signing work forms or sending money. Most the words that many firms use are; binding mandatory arbitration; arbitration; mandatory arbitration; or dispute resolution mechanism (Dunlop & Zack, 1997). The organization creates awareness to be to know that there is nothing wrong arbitration since it’s optional. The association enlighten people that everyone the right to pass judgment. It also reminds that no one will ever feel like to doing away with his or her privilege to prosecute incase the negotiator is not competent. Nevertheless, companies will always wish for you to mind less about that right since they have lead in adjudication and are able to escape responsibility. The question that many people will want to know is if some firms apply force arbitration when there is disagreement between them and others. Therefore, the association is able to inform the public that that does not apply. This is because even international businesses will not to go that way. This is justified from their testimony that their “car dealers were so afraid of forced arbitration…….” (NACA, 2014). That these dealers were even willing to spend millions of dollars lobbying the assembly to make rule that hinders car producers from using enforced negotiation. The benefit of arbitration is that it’s cheaper than litigation, but to consumers and workers this may not be the case. Forced arbitration is very expensive as compared to having your case heard in a court of law. People are normally pushed to the wall to part with huge sums of money just to initiate the case in their favor. In case they are able to get into contact with the insider who is in charge of the process, they can commute mile and mile to attend the arbitration proceeding. At the end of the process, the loser which is more often than not the client will have to pay the firm for damages. In the real life situation, most of consumers and employees oppose force arbitration. Companies are the main player who supports this method since it has more benefits them than to human resources and clients. Some of the short comings that the consumer advocates encountered leading to championing of rights of the vulnerable include: -individual buyers and workers are not fully informed of their rights before entering into agreements. Most citizens obtain goods or services without being shown of any condition when entering such contract. Some people even sign job forms before reading the terms of engagement. Just a small number were able to have seen the requirement prior to accepting a job or good. This kind of solving disputes greatly limits individual’s options. This make one to lock him/her with handsome options when there is a problem that is forced arbitration, availably to settle all matters that may arise. The agreed terms only recognizes the corporation that has rendered the service or good and the firm will always use the conditions that are favorable to them. -this agreement mostly binds the client and not the business. Therefore, the arbitrators do not have the right and freedom to press charges to the company. Consequently, there is no petition or civic assessment on the judgment to confirm if the go-between was wrong or right in passing the verdict. -the workers have no authority to sue for bias, aggravation, mistreatment, settling of scores, or unjust discontinuation from work. In the case of forced arbitration, civil rights are undermined even in the court of law. Such rights that one may enjoy such as favoritism based on gender, age, belief, ethnicity, disability and discriminatory payment are often swept away. Company workers are sidelined on their fundamental rights when found on the wrong side of the law. - The buyers have no freedom to prosecute for carelessness, malfunctioning products or scams. Doing the simple thing like getting a good, the client loses the right to the business answerable. Yet in the event a retirement account is blocked, a house is risky to stay in, or a family member is dear need of medical attention, this clause bars the company from being answerable to these. With the many benefits that a firm obtains from this clause, there are still others that do not bother implementing it (Kondalkar, 2007). These businesses mostly do their work diligently and therefore reports fewer end users complain. However, forced arbitration rapidly spreading in many organizations that emphasis that shoppers must enter into agreement with them so as to protect them in case of disputes. In this new generation, it’s hard to find any agreement with a company without the terms of forced arbitration. The organization is trying to give people various options available for them in case such disagreement occurs. It encourages clients and its members to negotiate these conditions when they come up. It also emphasizes that laws should be passed to do away with forced arbitration. The organization in its advertisement also provided an online plat form for those affected to report and join hands in fighting for these unjust practices www.FairArbitrationNow.org. (NACA, 2014). The level of involvement behavior This advertisement generated high involvement behavior among the consumers.It made the shoppers more aware and more keen when purchasing a good or receiving a service. Employees also became more enlighten when entering into contract with any employer. They have the ability to negotiate for their rights when they feel infringed. They can also report to the appropriate body that will champion for their freedom from oppressive laws and practices. To the side of the employer and the sellers, the announcement scored low. This is because most the firms opposed it and are not willing to do away with it. They enjoyed much privilege when taken to court as they have the majority power there. They don’t want to be held responsible with the affairs of their employees or customers. Therefore most businesses felt bad when this ad was place for the public to know their rights and to press charges to a company that have given them faulty goods or service. Functions attitude From this advert, affective component attitude, is brought out when is enlightens the employees, consumers and the general public who now felt they could do nothing to the big industries (Noel, 2009).This group of less unfortunate individual feels that there is no need to take the multinational firms to court since they will not archive anything. Through this, workers will avoid going to courts and the consumers will too rejects contract terms or items with forced arbitration on them. The firms will also avoid putting their terms so vivid to people to see easily (Kondalkar, 2007). Lastly, the cognitive component, the laborers will believe on their fundamental rights before entering into any agreement with a firm. The firms and sellers will believe that consumers are now fully informed of their rights and will avoid unfair trade practices. Reference Dunlop, J., & Zack, A. (1997). Mediation and arbitration of employment disputes. San Francisco: Jossey-Bass. Fair Arbitration Now. Date retrieve, 9th December, 2014. www.FairArbitrationNow.org. Kondalkar, V. (2007). Organizational behaviour. New Delhi: New Age International (P). National Association of Consumer Advocate, (2014), Washington, D.C, advertisement. Noel, H. (2009). Consumer behaviour. Lausanne, Switzerland: AVA Academia. Read More