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Comment Re:How could this possibly be binding? (Score 1) 581

And when the receptionist tells me after I've been waiting an hour that it'll be at least another hour, he has three patients ahead of me, and he's always like this? That's not an emergency, that's poor planning and a fundamental disrespect for the patient.

And, for the record, I fired him on the spot and demanded my copay back (that took some doing). Found another doctor who respects his patients' time, and wrote the first doc a note explaining why I'd fired him. He didn't even have the courtesy to apologize.

Comment Re:are "we" really better with our money? (Score 1) 510

Housing is a little different--it's a mandatory expense, whether you buy (and pay interest) or rent. My mortgage is actually a bit less than the rent for a comparable property (if one could be found for rent), and there's an end in sight: after 30 years, it'll be mine free and clear, with no more payments to make. Rental goes on forever.

Luxury goods are different: it's not an expense you'll incur no-matter-what, so financing them makes a lot less sense.

Comment Re:Whoops (Score 1) 510

Such companies are vultures, they prey on a section of society that wants the latest toys but cannot hope to afford them.

I guess I don't see where giving people what they want as "predatory." Or do you figure that people have a right to "the latest toys" even though they "cannot hope to afford them?"

Personal responsibility goes a long way. Earn the money for your toys, or do without, or accept the costs associated with choosing to live past your means. Don't come whining when a contract you signed of your own free will turns out to be unfavourable.

Comment Re:Whoops (Score 1) 510

Or perhaps the problem will be better solved by giving them easier access to credit - from reputable sources such as banks that don't charge ursurous amounts of interest, coupled with sound financial advice designed to prevent them getting into a debt spiral as a result of trying to give their children a chance to get out of the poverty trap.

Most people have access to it--once. You typically don't end up at a payday lender/rent-to-own shop/etc. until you have demonstrated through action that you can't be trusted to reliably pay your bills. The "usurious" interest (which almost certainly isn't, given that most states have usury laws, and would shut down violators) goes to pay the costs of servicing bad debt (that's where people take the product and don't pay as promised). After you fail to pay your bills, you have to earn your good name back in order to get more favourable credit terms.

Giving people with minimal income and a poor history "easier access to credit" sounds like a remarkably bad idea; in fact, it sounds like the kind of idea that could lead to, say, a collapse of the housing market.

Comment Re:Root of the Problem (Score 1) 477

For instance, can someone please explain to me why in the hell we are being charged for text messages in the first place?

Because the company offers a service, and you've decided that you want that service, and agreed to the price that the company requested for provision of that service?

If you don't want to pay for SMS, fine: don't. Just don't whine that you have a right to the product of somebody else's labor and equipment for no charge.

Comment Broken Windows (Score 1) 313

'Cutting public services is not only bad for the public who use services but also the economy as we are pushing people who provide valuable services on the dole,' says one union leader."

Yes, $DEITY forbid they should have to get productive jobs! Won't somebody please think of the glaziers, and go smash some windows to keep them employed?

As the T-shirt says: "Go away or I will replace you with a very small shell script." Isn't this why we invented computers in the first place?

Comment Re:Oh no (Score 1) 297

Now there is one exception: if I rented a house from the owner or the like, (s)he'd probably give me a reasonably good contract to start with (my last such landlord did) and probably would be open to changing terms. That'd be a whole different experience though in a number of ways and the last few times I've selected the large complexes for the nice fitness center, pool, maintenance staff, etc.

So...you made a choice to trade better terms for better amenities. Seems to me you knew exactly what you were doing; why would it therefore be "adhesion," let alone "unconscionable?"

Image

Parents Fight Legal Battle For Less Homework 42

Sherri and Tom Milley may be the coolest parents in the world, at least in the eyes of their children. The Milley's were tired of having to help their children with hours of homework each night so they negotiated the "Milleys' Differentiated Homework Plan" with the school. The plan, which ensures their youngest two children will never have to do homework again, was signed by the children, parents and teachers. "It was a constant homework battle every night," Sherri told Canada's Globe and Mail newspaper. "It's hard to get a weeping child to take in math problems. They are tired. They shouldn't be working a second shift."

Comment Re:Oh no (Score 1) 297

Often the full terms aren't even presented to until after you have paid money to reserve the apartment, and you have no real negotiating power. These are unconscionable contracts of adhesion.

1) "Unconscionability" is an extraordinarily high bar to meet. You should be very careful when you describe something as "unconscionable," because the odds are very good that the court is going to disagree with you.
2) They are not contracts of adhesion. First of all, even if the full terms are not presented until later (which is a change from every apartment I've ever rented--I have always had to sign both the lease agreement and the "community rules" documents), that doesn't necessarily mean that you're unable to reject them. As techies, we should probably be familiar with ProCD, Inc. v. Zeidenberg, 86 F.3d 1447 (7th Cir., 1996), as it is the case which most directly approved shrink-wrap licenses. The court in Zeidenberg said:

Transactions in which the exchange of money precedes the communication of detailed terms are common. Consider the purchase of insurance. The buyer goes to an agent, who explains the essentials (amount of coverage, number of years) and remits the premium to the home office, which sends back a policy. On the district judge's understanding, the terms of the policy are irrelevant because the insured paid before receiving them. Yet the device of payment, often with a “binder” (so that the insurance takes effect immediately even though the home office reserves the right to withdraw coverage later), in advance of the policy, serves buyers' interests by accelerating effectiveness and reducing transactions costs. Or consider the purchase of an airline ticket. The traveler calls the carrier or an agent, is quoted a price, reserves a seat, pays, and gets a ticket, in that order. The ticket contains elaborate terms, which the traveler can reject by canceling the reservation. To use the ticket is to accept the terms, even terms that in retrospect are disadvantageous. See Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 111 S.Ct. 1522, 113 L.Ed.2d 622 (1991); see also Vimar Seguros y Reaseguros, S.A. v. M/V Sky Reefer, 515 U.S. 528, 115 S.Ct. 2322, 132 L.Ed.2d 462 (1995) (bills of lading). Just so with a ticket to a concert. The back of the ticket states that the patron promises not to record the concert; to attend is to agree. A theater that detects a violation will confiscate the tape and escort the violator to the exit. One could arrange things so that every concertgoer signs this promise before forking over the money, but that cumbersome way of doing things not only would lengthen queues and raise prices but also would scotch the sale of tickets by phone or electronic data service.

In the event that you actually do find objectionable terms after signing (and why didn't you ask for a copy of the lease agreement to begin with?), you have the option of repudiating the agreement when you discover the objectionable terms. By continuing to move in and take advantage of the lease, you signal your acceptance of the apartment complex's offer. You don't get to take advantage of the offer, then complain later that you didn't like the terms.

And, for the record, the terms *can* be negotiated. I know because I've done it with nearly every apartment I've rented, having clauses struck that I didn't like and adding clauses I wanted. The idea that it's a contract of adhesion fails on several points, and "unconscionable" is laughable at best.

Comment Re:This is all I've got to say about this. (Score 1) 242

Oh, well, that explains everything. Certainly we should trust all of the data that's not obviously in error--after all, just because the people entering data (and presumably the people proofreading it) didn't realize that districts like the 69th, 86th, and 99th don't exist in any state in the Union, and that anybody who has ever watched a Presidential election could figure it out trivially, doesn't mean that we can't trust the facts and figures they've published that don't have such obvious sanity checks.

Of course, it would take a little more critical thinking to realize that saving 5,000 with only $42,000 means that Talladega County was able to save jobs at a cost of only $8.40 per. But we're supposed to trust the accuracy of data from people who didn't realize that?

Sorry, but their credibility is shot. You simply can't make mistakes that obvious, then turn around and expect people to believe statements that aren't independently verifiable (and verified).

That said, though, if you are the kind of person who believe such things, I've a bridge for sale. I'll even cut you a special deal, but it's just between you and me, okay?

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