“Hot Coffee” – The Movie

danijoy — Mon, 07 Nov 2011 09:12:55 +0000

Remember the case where the woman spilled hot coffee she bought at McDonald’s in her lap, then sued the company? You may still think the “McDonald’s Coffee Case” is an example of a “frivolous” lawsuit. That case was ridiculed by late-night comics and on the Seinfeld show. But do you know the real story? You will be surprised, and you would not ever again view this case the same way once you’ve seen the film “Hot Coffee.” Check out the trailer listed on my links page. This is an entertaining as well as informational movie.

I just returned from Chicago, where I presented at the National Consumer Law Center’s 20th Annual Consumer Civil Rights Litigation Conference. While there, I had the pleasure of meeting Susan Saladoff, the producer of “Hot Coffee,” and I got a chance to see the film. I was blown away by it, and I knew some of the facts.

Every American should see this award-winning documentary film. It is an expose of the corporate propaganda that has duped Americans into giving up their constitutional rights through calls for supposed “tort reform,” wide-spread unquestioning acceptance of binding mandatory arbitration clauses, support for politicians seeking caps on damages for people who are extremely injured and often permanently damaged (often-time causing taxpayers to pick up the tab). The corporate public relations team distorted the McDonalds Coffee Case for over 15 years, and people see it as the poster child for the type of “frivolous” lawsuits we need to curb.

I promise you, you will change your mind forever about aspects of our civil justice system in America… and you will never look at the “McDonald’s Coffee Case” the same again. This eye-opening film has America talking. See it in the theater or buy the DVD from the link on my website.

DeVonna Joy

Wisconsin Lawmakers Are Destroying Consumer Protection Laws

danijoy — Wed, 02 Nov 2011 02:15:06 +0000

The Wisconsin legislature is about to make it much harder for consumers to get justice when they have been cheated by companies committing fraud and engaging in other unfair, deceptive, and abusive tactics. There is a bill in the Wisconsin legislature (has passed the Senate, now pending before the Wisconsin Assembly, SS AB-12) that will presume a “reasonable attorney’s fee” is equal to no more than three times the consumer’s recovery.

Why is this a terrible law?

Well, let’s start with the idea that in most cases, each side pays their own legal fees. There are some exceptions. In many kinds of consumer protection cases, lawmakers have decided that a consumer’s right under that law is so important that they will “shift” the burden to pay consumers’ attorneys’ fees to the businesses who are proven to have violated the law. These laws have “fee-shifting” provisions that say that consumers who have been harmed by these legal violations can file claims in courts against businesses and get their attorney’s fees paid if the consumer wins their court case (i.e., is a “prevailing party”.)

This is an essential consumer right, because often it is the ONLY way a consumer can vindicate their rights. Without fee-shifting statute, if a timeshare salesperson lies in a (high-pressure) sales pitch to prospective customers to get them to buy a $12,000 timeshare in Wisconsin, the average John and Jane Doe cannot afford to take on these industry giants, who will fight them very hard and make them spend $75,000 on legal fees to get to trial. Without strong fee-shifting statutes, if an unscrupulous telephone solicitor scams you (or your loved one) into spending $1,000 on a bogus or unwanted product (or if you don’t get the product), you can’t afford a lawyer if your attorney’s fees are capped at $3,000. If a car dealer sells you an undisclosed rebuilt wreck for $7,500 and “washes” the title, you may be paying out of your own pocket to take that case to court.

As a consumer advocate and a champion for consumer rights, it is disheartening to see the direction that Wisconsin is headed. Consumer protections are destroyed, but this is not a pro-business law. This is not a matter of businesses against consumers. It is a matter of honest businesses and consumers up against the dishonest businesses. Because when dishonesty and fraud are allowed to flourish, it puts honest businesses at a competitive disadvantage.

There is still time to speak out. If you live in Wisconsin, call your legislative representatives and ask them to oppose SS AB-12. If the bill passes, call anyway and voice your disappointment. Because otherwise the next time you need a consumer lawyer because you’ve been cheated by a business, I may not be able to help you…or it will cost you legal fees that under the old rules, the business would have to pay.

If you don’t know who your representative is, go to http://legis.wisconsin.gov/w3asp/waml/waml.aspx

DeVonna Joy
Consumer Justice Law Center, LLC
P.O. Box 51
Muskego WI 53103-0051
262-662-3982
consumerjustice@wi.rr.com