Round 33: Comcast vs The American Arbitration Association
Tier 1 voting is over (we'll get a nice standings chart up soon). Now it's time for things to get more intense, now we'll have some real competition. This is Round 33 in our Worst Company in America contest, Comcast vs The American Arbitration Association.
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This is a post in our Worst Company In America 2008 series. The companies nominated for this honor were chosen by you, the readers. Keep track of all the goings on at consumerist.com/tag/worst-company-in-america
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Comments:
Comcast is no worse then DirectTV or Verizon (all equally evil), but AAA actively subverts your justice and hard earned constitutional rights to the legal system and replaced their with sham courts that almost always side with their monetary masters.
Probably going to take a really evil company (maybe the RIAA unless they were retired from the competition) to knock of the AAA.
This is a tough one, but the American Arbitration Association is used by other companies, so by itself as an entity it isn't fully to blame. As a matter of fact, there is mention of the American Arbitration Association under Comcast's own terms of service, I'll have to lean to Comcast on this one, because in my mind a vote for Comcast includes their use of arbitration.
@highmodulus: What do you mean by monetary masters? Do you realize that the arbitrators' fees are shared by the parties? Do you also realize that the parties cooperate in choosing the arbitrator?
As I've said before, blaming the AAA for misuse of consumer arbitration is like blaming the movie theater for showing a movie with a tired plot. The AAA is a forum, not a purveyor.
@SlappySquirrel: I don't care about a cable company when we're talking about an association that thrives on making sure people lose their legal right to the courts.
Binding arbitration is what made me go into consumer law, and I still voted for Comcast. AAA isn't the problem, the companies who use binding arbitration clauses and the courts who uphold them are. The AAA actually attempted to make the arbitration process fairer a decade ago when they instituted their Consumer Due Process Protocol, which requires that contracts give clear and adequate notice of the arbitration provisions contained therein, requires that customers retain the right to use small claims courts for claims within their jurisdictions, requires a reasonably convenient location for a hearing, and reasonable costs based on the size and nature of the claim--in cases where the damages would be small compared to the fee, the business may be required to subsidize the arbitration process. AAA also states that they may refuse to arbitrate any dispute where the contract "substantially and materially deviates from the minimum due process standards" outlined in the AAA's protocol. As the largest arbitration group, it's debatable whether they actually refuse to arbitrate in those situations, but as long as Congress leaves the Federal Arbitration Act intact and as long as the courts keep talking about a "liberal federal policy favoring arbitration agreements," businesses, like Comcast, will use them because they're totally biased in favor of the corporation. I would have kept voting for AAA as a symbolic vote against arbitration, but Comcast is just too terrible of a company to get out this early.
@courtarro: Yeah, I am rather surprised to see these two matched against each other so soon. I wouldn't expect to see a match-up like this until the Final Four.
@Shadowman615: Maybe next year they should limit entrants to only the worst of the worst so voting doesn't stretch on forever. I mean including companies like Hallmark and Toyota is just a waste of time when looking for the WORST company in America.
@Buran: Arbitration isn't always unfair. Millions of cases go through fairly, and you only hear about the ones that "dont." Course anyone who goes to arbitration thinks they are right. I wouldn't be too quick to dismiss it.
As far as signing off your rights, thats called reading the fine print.
@Lambasted: You understand we're talking about the Hallmark that sold bad meat to schoolchildren, and not the Hallmark that sold bad greeting cards to pretty much everybody, right?
@Bladefist: Reading the fine print is fine but in many industries arbitration is the norm and almost impossible to avoid. Most, if not all, moving/shipping contracts I've seen have arbitration clauses included. I would love to avoid them but I can't move my household full of furniture myself. And I certainly cannot ship it overseas without hiring their services as I do not have my own personal use of a cargo ship.
Thus, there is a built in "take it or leave it" option in theory but not in reality in many cases.
@Alex Chasick: Uh-oh. I think I might have seen the name Hallmark and just assumed it was the card company and gave them a pass. Well, we all know what happens when you assume. LOL!
I believe my soul will rot in hell for giving a pass to a company that made little children double-over and cry. Oh, those poor children! Oh, the inhumanity!
@Alex Chasick: If arbitration is so fair, then why are 90+% of disputes won by the corporations over consumers?
@DomZ: They're at home waiting on their techs (who are doing donuts in the parking lot) or on the phone trying to get their services back up. Don't worry, when their internet is back up, they'll be able to vote.
@DomZ: Comcast definitely got my vote. An arbitration clause might affect me once in a blue moon, but Comcast affects my life on a daily basis. Like when I look at my TV and the picture is blotchy.
Or I try to download a torrent and Comcast won't let me.
Or when I have to worry about Comcast shutting off my service or messing with my cable lines when they think I have been downloading too much. I finally got hip to their wicked game when I noticed that I would lose my network connection generally only after I had been downloading for a while. And sometimes, my TV picture would degrade when I was downloading, seemingly as if Comcast was messing with my cable lines or something.
Or when they forced me to pay extra for a digital package because they kept taking channels off of basic.
Or when they moved the NFL Network channel to a premium package.
Comcast is just evil. No two ways about it. I will never use them again.
You can easily leave Comcast, but the horribly broken and biased mandatory arbitration system is forced on you in various contracts of adhesion.
Heck, Comcast even seems to sort of care about you now- they're still stunningly incompetent but the rampant competition for tv and internet service give consumers choice and options, all things the AAA works hard to deny you and take your rights as a defrauded consumer away.
Vote AAA and send a message.
@Alex Chasick: I saw that. I just noticed that they spell their name with a "t" not a "k". I don't know how I overlooked that during voting.
Those mugshots are funny. They've got, "I made children cry" written all over them.
@highmodulus: Funny you should mention contracts of adhesion. I was once going to use that as an argument as to the illegality of mandatory arbitration clauses in transit industry contracts.
But still, I still maintain that Comcast affects my life more.
Besides, I dare say if our courts weren't clogged with so many frivolous lawsuits perhaps arbitration wouldn't have taken such a firm hold in our legal system. The courts cannot handle hearing all of the cases. Just too many of them. At least arbitration provides some measure of potential redress rather than having a case sit for years and years in a court backlog.
If Comcast does not win then the entire fun of this whole contest has been wiped out for me. The AAA does not directly impact me and them winning this whole thing will not adversly impact them in any way at all. I may be naieve but I think if Comcast goes all the way more good can come out of this contest.
@Lambasted: I respectfully disagree. They're plenty of television providers and internet providers- but the incredibly broken arbitration system shilled by the AAA and defended from ANY meaningful reform by the AAA is stuck on you if you use a credit card, or most any other service from a Fortune 500 company.
Don't like Comcast, don't use them. Get a dish then. Get DSL. See if they are any better. Don't want mandatory arbitration where you have a 95% of losing- well too bad.
If AAA isn't the worst company-- then nobody is the worst. Comcast isn't stealing your basic rights away, heck they even let you opt out of arbitration.
Comcast isn't any worse then the other telco's, dish or any other semi-monopoly; Verizon et al is equally about hosing you with ETFs, sleazy billing and bad installs that burn your house which they then lie about (source of the "Show us your Verizon face" joke).
But none of them, even uber evil retailer Best Buy, is systematically depriving you of your rights.
Vote AAA!
@highmodulus: What I am saying is that it is not very often (actually never) that I have needed to avail myself of arbitration or legal services against a company.
Maybe I am just lucky like that but I haven't sued anyone lately nor have I been in a situation where I needed to. I've had issues with companies before, but as one of my law professors said, (or was it Judge Judy), "Not every offense is an actionable one, be it from a legal, personal, or financial standpoint."
Besides, why blame AAA for utilizing the legal leeway granted to them by our beloved Congress? Most industries fall under federal jurisdiction. It's Congress that allows arbitration to control in the first place. I think blame would be better placed at the feet of our "what's in it for me not you" Congress.
Thus, arbitration doesn't affect my life like Comcast does. I cannot get DirectTV because I don't have enough sky exposure. Until I move, I am stuck with Comcast. Also, I tried DSL internet and it sucks. It was worse than Comcast. It consistently knocked out my dial tone. At one point I was calling Verizon almost on a monthly basis. They would come out tweak something to get it working and a couple of weeks later it was out again. I got sick of not being able to use my phone and internet so I switch to Comcast. Thus, options are great in theory but in reality, not always so good.
@Bladefist: Yeah, you just try getting important services like phone service or credit or a loan without signing away your rights.
@Buran: I still dont think its that bad. It keeps a lot of this nonsense out of our courts, so they can deal w/ the real cases.
Also I think a vast majority of the AAA cases end fairly. And I don't think they are biased with the company. Also a lot of times the cases deal with businesses vs businesses. What then?
Not saying it hasn't ever happened.
@PunditGuy: Definitely agreed. Way too annoying to have to search back to the first round posts for all the remaining rounds just o find out what the hell the companies did wrong to get here.















can't you guys have the company's description?