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Corporate Crime by Nickel and Dime

What's the fastest growing corporate crime in America?

Corruption? Pollution? Market manipulation? Securities fraud? No.

It's hidden fees.

It's how the giant credit card, cell phone, cable, and banking corporations nickel and dime you to death. And there are literally scores of hidden fees with more being proliferated every day.

Bounce a check? That will be a $39 bounced check fee.

One day late on your credit card payment? That will be a $39 late payment fee -- and we'll hike your interest rate from the introductory 0.00 percent to 15.99 percent.

Towel fee. Towel fee?

Yeah, you get one of those deals on a swank hotel. And you show up at the hotel and get hit with a $30 a day resort fee -- including a towel fee. In case you go to the pool and use the towels. Or even if you don't. Pay the fee.

Here's one of my favorites -- the ATM denial fee. You go to your ATM machine and ask for $400 in cash. You get back a note from the ATM machine saying -- sorry, but your daily limit is $300.

So, you ask for $300. The machine spits out the $300, you grab your card and walk away. Next month, you get your statement. And there it is -- $1.50. ATM denial fee.

Bob Sullivan has written one of the best consumer books of recent decades -- Gotcha Capitalism: How Hidden Fees Rip You Off Every Day -- and What You Can Do About It (Ballantine Books, 2008). Call him the Upton Sinclair of the modern corporate jungle.

It has yet to be reviewed by the mainstream press, but on the weight of a couple of interviews on National Public Radio, it has already broken into the New York Times Paperback Advice Top Ten.

And that's not an easy list to break into. Five of the top ten books on that list are diet books -- with the top two being Skinny Bitch and Skinny Bitch in the Kitch.

If there were a top ten corporate crime books of all time list, Gotcha Capitalism would be on it.

In an interview with Corporate Crime Reporter, Sullivan said he knew something was up with the book because every time he's interviewed about it, he gets a few minutes into his pitch and the interviewer interrupts with a horror story.

And in fact, that's how Sullivan compiled the stories for his book. A couple of years ago, he was in New Orleans covering Hurricane Katrina for MSNBC.com. He started a blog called the Red Tape Chronicles about the problems facing victims of the Hurricane.

But pretty soon, people were contacting him from all over the country about consumer problems of their own. It became clear that corporate rip-offs were a huge problem. Since starting the column two years ago, he has received 50,000 e-mail messages from consumers around the country. The biggest culprits were credit card companies, banks, cell phone companies and cable companies.

Sullivan conducted a survey of consumers nationwide, asking them to identify hidden fees in their most common purchases. And he estimates that the average consumer gets hit with $1000 a year in hidden fees. That comes out to $45 billion a year.

But that's clearly an underestimate. Consumer Reports magazine says that hidden fees cost consumers $215 billion a year -- or $4,000 a year per consumer.

That's more like it.

And then you have your $25 billion a year that brokerage firms skim off your retirement funds every year for essentially doing nothing. Or the real estate fees when you close on a house. Sullivan has a whole book of them.

The rise of the hidden fee corporate crime wave parallels the corporate attack on consumer fraud enforcement. Sullivan says that hidden fees have flourished largely because laws governing false advertising aren't enforced.

"There are great folks who work very hard at the Federal Trade Commission (FTC)," Sullivan said. "They don't like it when I say this, but the truth about the FTC is that in 1979, it had 1,700 full time employees. Since then they have become responsible for huge areas like identity theft, the do not call list, internet security. And our population has grown by 75 million since 1979. But today, the FTC has 1,000 full-time employees. So, they have been cut almost in half. The budget is more of a flat-line. And you see that same trajectory at all of the other consumer protection agencies."

If you are having problems with high blood pressure or heart palpitations, or if you are manic, you might want to leave this book for another day. I mean, do you really want to read that AT&T sought consultants to design a mailer so that you, the average Joe consumer, would be more likely to throw it in the trash?

And why would they want you to throw a mailer in the trash? Because if you throw it in the trash, you agree to giving up your right to sue them if there is a dispute over your phone bill.

Do you really want to know that the hidden fee rip-off artists have two complaint desks -- one in Southeast Asia for the regular folks, and one in corporate headquarters in the USA for the sophisticates?

That's right. Consumers are divided into two categories -- suckers and sophisticates. For suckers who don't know how to complain, you get the help desk in Thailand, or India, or the Philippines.

For people who know how to work the system, and struggle to get their money back, you get the VIP treatment -- and a good chance to get at least some of the ripped off money back.

I experienced this first hand earlier this month. The Verizon DSL at our home went out. I spent five days talking to very kind people at Verizon help centers throughout Southeast Asia.

Then one day, I wrote about my problems on a blog. It got picked up by some corporate person in the U.S. And within 30 minutes of writing the piece, I got a call from Verizon telling me that someone from "escalation" will be calling me.

Within five minutes, Wendy from "escalation" calls me.

Within an hour, the problem is fixed.

I haven't followed all of the presidential debates. But as far as I can tell, Wolf Blitzer hasn't asked any of the presidential candidates about the fastest growing corporate crime in America.

Maybe that's because the corporate criminals sponsor the debates or own the television networks -- and contribute to the candidates.

In any event, the bottom line is you can buy three of Sullivan's books for the cost of a bounced check fee. Or a late payment fee.

Buy a bunch and pass them around. It teaches us how they rip us off.

And how to get to Wendy at escalation.

Courts Endow Corporations with Unalienable Rights

In evaluating allegations that U.S. military forces deprived four British men of human rights during two years they were held captive in Guantanamo Bay prison, a U.S. appeals court found an innovative way to let the Bush administration off the hook. Two of three judges ruled the men -- because they are not U.S. citizens and, technically, were not imprisoned in the U.S. -- were not legally "persons" and, therefore, had no rights to violate.

While those judges were defying common sense and decency by denying legal personhood to living human beings, an appeals court in Boston has been reviewing an April 2007 decision by Federal Judge Paul Barbadoro that engaged in a different form of judicial activism -- granting human rights to corporations.

Barbadoro struck down a New Hampshire law that prevented pharmaceutical corporations from learning exactly what drugs doctors prescribe and how much they prescribe. The law aims to protect doctors and, indirectly, their patients, from drug companies pressuring doctors to choose their products.

The judge's grounds? He claims corporations, as legal persons, have "free speech rights" that would be infringed by such a measure.

The real issue in these cases (Maine recently passed a similar law) isn't free speech at all; it's manipulation and control. The drug salespeople only will decide what to say after poking into the doctors' prescription records. Under the guise of protecting speech, Judge Barbadoro denied both legitimate privacy rights of doctors and key protections to ensure patients are prescribed drugs based on their medical situation, not pressure applied to their physician.

Taken together, these two rulings are a perplexing and dangerous development. The founding principle of our country is right in the Declaration of Independence: all people are "endowed by their Creator with certain unalienable Rights." It is not for judges to decide who is and who is not a human being.

Nor should the courts play Creator by endowing legal constructs like corporations with human rights. Our constitutional rights exist to prevent large, powerful institutions -- whether governments, corporations, or other entities -- from oppressing us humans.

For too long a strange dichotomy has persisted between principled people on the political left and right wings. The left wing often warns against the growing power of business corporations. The right wing complains the left ignores the overweening power of the government and is "anti-business."

But many people on both sides have been seeing only part of the same elephant. What's happening is a merger of corporations and state.

Already there are corporate "black holes" for human rights that rival government affronts like Guantanamo. Under the Bush administration's legal framework for Iraq during its occupation, the Iraqi government wields no authority over Blackwater corporation's security guards.

And it's not clear the U.S. government does either. As a result, we may never see anyone punished for Blackwater's wanton killing of Iraqi civilians in Baghdad last September.

Then there's the case of Jamie Leigh Jones, an American employee of Halliburton/KBR in Iraq who claimed she was gang raped by co-workers in 2005. U.S. officials reportedly handed the evidence to KBR, whereupon the evidence apparently disappeared. Nobody in Congress, Democrat or Republican, has been able to persuade the Bush administration to reveal what it has done about the case since then.

Halliburton/KBR, like Blackwater, apparently enjoys the rights of a person, but not the responsibilities.

The danger of "corporate personhood" is a bit like global warming; people have warned us of the threat for decades only to go unheeded because the dire consequences seemed far-fetched.

But look at what's happened to the First Amendment. Corporations use it to strike down laws clearly designed to protect citizens, even while courts deny prisoners the right to know what evidence the government is using against them. It's time for alarm.

We should take offense whenever we hear the dangerous notion of "corporate citizenship" promoted. Soon, the only citizens with real power in the United States may be the corporate kind.

Editor's note: shortly after completing this article, we learned of this shocking story: Judge Allows Halliburton to Force Sexual Assault Case Out of Court

© 2007 ReclaimDemocracy.org

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