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Journal: It's surprising to me how vicious atheists on /. are....

Journal by pcwhalen

I mentioned my faith as a thing that guided me and there was a maelstrom of haters. WTF? If you don't have a religion, you don't hear me trying to convert you. I don't give a Parson's fart if you do. And I don't really care what you think about me. It's just amazing that atheists want to spend so much energy to mock other people.

Kinda fucked up, really.

User Journal

Journal: Still can't believe the NSA is as deep as it is.

Journal by pcwhalen

The width and breadth of our govt's spying abroad was never in doubt: our abilities are impressive, but not shocking. the shock comes from deciding to turn the lens inward. Exec order 12333 says CIA and NSA look "out" and not domestically at US persons.

It's a slippery slope to start down. Without 4th Amendment protections, we could all be fucked.

User Journal

Journal: Nothing changes: different decade, same consumer fraud.

Journal by pcwhalen

I just looked back at a journal post I wrote from almost a decade ago here on /. It mentions all the same issues of arbitration and attempts by Big Biz to screw the Common Man with contract clauses.

I am not surprised that with so much money at stake for corporate America to steal that they have kept such a tight leash on consumer contract arbitration provisions. These keep a consumer from suing in court, requiring instead a forum more favorable to the Corp. Almost all consumer contracts have been changed to preclude class actions.

In my lawsuit against Sony in August over the PSN data breach, I was immediately faced with Sony changing its contract to preclude class actions. The same for my lawsuit against Citibank in their data breach.

An Australian friend put it this way: "Different dog, same leg action."

User Journal

Journal: Bottom feeders

Journal by pcwhalen

Software companies, hardware companies, credit card companies, cell phone companies all have one thing in common: they want everyone to arbitrate. They tell you that to use their stuff, you must agree to it, no jury trial. You as a consumer probably don't read the contract anyway, you just want the stuff and to go on with your day.

Until.

One day you realize your cell phone company has screwed you for a small amount of money, under a hundred bucks. But you're unhappy because you feel cheated; you want your hundred bucks back. Arbitration fees are over 300 dollars for the first day! Would you spend 300 to try to get back 100? No, the companies figure you won't either.

There used to be a way for you to hire a class action lawyer to sue for everyone who got screwed like you ALL AT THE SAME TIME. One lawsuit instead of lots of little ones tying up people's time and resources. And that suit got the attention of the company because it had real bite: think if they screwed a million people out of that 100 dollars. The hit to them could be over 100 million plus paying me, the attorney for the class.

Class actions made companies stop and think about nickel and diming the masses, presuming no one would notice as they reaped millions.

If all you can do is arbitrate, they maybe get 10 arbitrations for the 100 dollars and get to keep the 100 million. Would you keep up the nickel and dime crime if you made huge money off it with little downside? Of course!

Kills me.

Those same companies call me a bottom feeding attorney. Who's the real bottom feeder, 'ya think?

The Almighty Buck

Journal: Why do people hate attorneys? 1

Journal by pcwhalen
I am a Plaintiff's Class Action attorney. When a company screws someone, they call me. Usually, its for an amount under $500, money that would'nt make it economical for you to sue the bastids. But if the same thing happened to a million people, its a good case and I would try to get money back for all those people.

If I settle the case before trial so you get $250 back and I get a $25 million fee, everyone screams. Blood sucking lawyer.

I wasn't the guy who stole $500 million from consumers, I was the guy who got half that back. I got a 10% fee from a $250 million recovery. The judge in the case has to approve my fee as fair and reasonable. There was no risk for any of the million people, but I don't get paid unless I win.

I had to go to school 3 more years after college and then work 80 hours a week as an associate to learn what I know. WTF is everybody pounding on me for? How about the creep who stole the money to begin with????

The IQ of the group is the lowest IQ of a member of the group divided by the number of people in the group.

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