Archive for the ‘Complaints’ Category

Service of Citizen’s Arrest

Thursday, January 25th, 2018

Photo: steelturman.typepad.com

I’ve lost count of the times I’ve said out loud, sometimes to no one in particular “I wish I could make a citizen’s arrest!” When I told my husband the subject of this post he suggested I check out just what this would entail, “because,” he added, “everyone uses that expression and they may not know.”

So a quick detour before I share my targets. According to criminal.findlaw.com, in a Breaches of the Peace section: “In general, people can’t use citizen’s arrests for misdemeanors unless the misdemeanor involves a breach of the peace. Even in these circumstances, however, individuals can only make arrests when they have personally witnessed the criminal behavior and the breach has just occurred or there is a strong likelihood that the breach will continue.”

Photo: youtube

In its conclusion: “Every individual is empowered to arrest wrongdoers in certain circumstances, but individuals looking to make a citizens arrest act at their own risk. Not only is the act of apprehending a criminal inherently dangerous, but failure to meet the legal requirements for a citizens arrest could have devastating consequences for the person making the arrest.”

I trust that you don’t take me literally and that you realize I write out of exasperation. It’s helpful to let off steam once in a while in a benign way and not make life miserable for others as some of my fellow citizens are prone to do.

Photo: nyc.streetsblog.org

The most recent affront that awoke the policewoman in me was made by a delivery truck driver for a well known brand who leaned on his horn when there was nothing the vehicles in front of him could do to move out of his way. Nobody was walking in front of him; no car was cutting him off, yet he polluted the air and turned the time we all shared with him on that street into earsplitting misery.

Joining him on my hit list are the

***selfish subway passengers who won’t let me either in or out of a train

***bicyclists who miss me by a hair when they are driving in the wrong direction, zooming past me against the light or whisking past me on the sidewalk

***impatient drivers who ignore oncoming pedestrian traffic and swerve into avenue or street while endangering all those crossing an avenue

***bus drivers who use their airbrakes with abandon even when they know incoming passengers, some frail, aren’t yet holding on or settled in seats. Note: In some busses it’s quite a distance between the MetroCard fare collecting machine and strap or seat.

***drivers who won’t pull over and stop for an ambulance to pass: Don’t they realize their sister, mother, child, spouse or nephew might one day be inside?

An arrest for the following infractions would be too harsh—maybe I’d just give a warning for

***people who bump into me and don’t apologize

***elevator passengers who let the door slam in my face or who don’t offer to hit my floor when my hands are full

Are there infractions or violations to living in crowded places in a civilized way that you would hit with a citizen’s arrest or warning if you could?

Photo: dreamstime.com

Service of Keeping a Lid on Grievances: Cripple the Consumer Financial Protection Bureau’s Consumer Complaint Database

Monday, July 31st, 2017

Photo: funusualsuspects.com

You may want to take a quick look at the Consumer Complaint Database maintained by the Consumer Financial Protection Bureau [CFPB] before it joins rolled-back EPA regulations and watchdogs that once protected American consumers that are severely relaxed or gone. The goals are the same: Make it easier and cheaper to conduct [big] business, in this case, for banks.

You’d read on the website: “Each week we send thousands of consumers’ complaints about financial products and services to companies for response. Those complaints are published here after the company responds or after 15 days, whichever comes first. By adding their voice, consumers help improve the financial marketplace.”

Photo: consumerfinance.gov

Copy on the home page continues: “By submitting a complaint, consumers can be heard by financial companies, get help with their own issues, and help others avoid similar ones. Every complaint provides insight into problems that people are experiencing, helping us identify inappropriate practices and allowing us to stop them before they become major issues. The result: better outcomes for consumers, and a better financial marketplace for everyone.”

Yuka Hayashi addressed the issue in her Wall Street Journal article, “Battle Is On Over Government’s Version of Yelp for Banks -White House says government complaint database is unfair to banks, but consumers say it can spur action.”

Photo: techsgig.com

She wrote, “Responding to calls from industry groups, the Treasury Department in June recommended restricting access to the data to federal and state regulators.” She reported that since it was founded in 2011, consumers have filed 800,000 complaints the public can see, 1.2 million in all.

“The dispute highlights areas of friction as the Trump administration and other Republicans consider rolling back rules put in place after the financial crisis,” she wrote. “Those pushing for loosened rules say removing onerous and costly requirements would encourage more lending and economic growth. Opponents say such changes would bring back reckless behavior that caused the financial crisis.”

Photo: salon.com

A St. Paul social worker asked his student loan company to lower his monthly payments and after four to five tries, the temporary solution increased his monthly bill Hayashi reported. Two days after he posted a complaint on the CFPB complaint database, they sent him “several repayment options.” The social worker credits the CFPB.

Hayashi wrote that the Treasury Department felt the site “subjects companies to unwarranted reputational risk.” However, she continued, “Consumer advocates and some financial-services experts… say that the portal’s public nature is what gives it teeth.

What do banks think? “The bureau has failed to address the significant problems in the accuracy, integrity and usefulness of the information reported in the database,” Virginia O’Neill, senior vice president at the Center for Regulatory Compliance at the American Bankers Association told Hayashi.

Did you know you could post complaints about dealings gone south with a financial institution? Have you had a nasty banking issue? Do you believe that the complaints on the Consumer Complaint Database should be hidden from the public or allowed to be seen, as they have been for six years?

Addendum: In The Wall Street Journal’s August 7th issue, Andrew Ackerman wrote “A Republican-backed effort to overturn a rule making it easier for consumers to sue banks has hit a snag: the Senate.

“At issue is a Consumer Financial Protection Bureau rule approved in July barring fine-print requirements that consumers use arbitration to resolve disputes over financial services. The rule makes it easier for consumers to join class-action lawsuits against banks and credit-card companies. Though fiercely fought by the financial industry, it is set to go into effect in March.”

In addition: ” However, support in the Senate is uncertain. No Democrats are likely to back the effort, and Republicans, with their slim majority, can’t afford to lose more than two GOP votes. Several Republican senators have expressed reservations about voting to overturn the regulation, worried they may be portrayed as siding with banks and against consumers.”

This is something so easily lost among all the distractions for consumers to keep an eye out for.

Photo: survivalkit.com

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