The Illogical and Devastating Consequences of H.R. 985 – Two Cases

Imagine a world where big companies can get away with cheating and swindling American consumers out of millions and can even cause injury and commit human rights abuses with no legal recourse.

Companies could use robodialers to make unwanted telemarketing calls at all hours of the day and night and individuals would be powerless under the Telephone Consumer Protection Act to stop it.

Even worse, customers whose pets were injured or even died after eating a defective product would be prevented from holding the pet food maker responsible for putting a dangerous product on the market. These would be the consequences if H.R. 985, the so-called Fairness in Class Action Litigation Act of 2017, is passed into law.

H.R. 985 will affect a huge swath of legal rights of the American public, from employment abuse lawsuits to defective drug complaints. Regular, private citizens will be left out in the dark, while well-paid in-house attorneys working for corporations will manage to free their well-to-do clients from even the most egregiously irresponsible behavior. Even defense attorneys will be affected by the bill once it wipes out all legal recourse for citizens affected by bad corporate behavior. These are the devastating consequences of H.R. 985.

But, the passage of H.R. 985 would have bizarrely illogical consequences, not only for consumers and plaintiffs’ attorneys, but defense attorneys, the overburdened judicial system, and even honest companies as well.

Take the case of the Real Ham Bone for Dogs class action lawsuit. In that class action, plaintiffs alleged that the Real Ham Bone products made of slaughterhouse waste were injuring and even killing the pets of consumers when bone fragments in the product irritated and even punctured their pet’s intestinal tract. The maker of Real Ham Bone settled with the plaintiffs, providing payments for Class Members whose pets were injured and also to Class Members who purchased the product.

Under H.R. 985, the plaintiffs would have to bring two separate class actions – one for those whose pets were injured and another for those who purchased the allegedly dangerous and defective product. Two separate cases would double the burden on the private citizens who stood up to the company. It would also be unduly burdensome on the already overworked justice system.

Take also a case of the Telephone Communication Privacy Act or TCPA. Under the TCPA, companies are restricted from using annoying autodialers to phone and text citizens with marketing messages. In a recent class action settlement, a company accused of violating the TCPA by calling and texting individuals settled; however, under H.R. 985, the class action again would have to be split illogically into Class Members who received unwanted text messages and Class Members who received unwanted telephone calls.

Honest companies, who work to provide valuable and fair services to their customers, will be affected by the consequences if H.R. 985 is passed. H.R. 985 tips the scale in favor of companies who cut corners and put consumers in danger. There will be less incentive for a business to protect its consumers in a post-H.R. 985 world and we will all be the worse for it.

Consumers, companies, the judiciary, and plaintiff and defense attorneys need to join together right now to protect the American public from the illogical and devastating consequences of H.R. 985. Although we all have separate interests in the court room, protecting ourselves and our children from the harm of unchecked business practices is an interest we all have in common.

What Can I Do to Stop H.R. 985 From Passing?

Please contact your state’s senators and urge them to vote NO on the Fairness in Class Action Litigation Act. It’s simple—just contact the Capitol Switchboard at (202) 224-3121 and ask the operator to connect you with your state’s senators. Let your senator know that you support consumers’ rights to use class action lawsuits to hold corporations accountable for wrongdoing.

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