Fairness In Class Action Litigation Act Of 2017
Mr. Chairman, I thank the gentleman for yielding. Mr. Chairman, I rise in strong opposition to H.R. 985, the so-called Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act. This outrageous legislation would…
Mr. Chairman, I thank the gentleman for yielding.
Mr. Chairman, I rise in strong opposition to H.R. 985, the so-called Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act.
This outrageous legislation would severely limit the ability of injured consumers and workers to obtain relief through class action lawsuits. If that were not bad enough, the bill also contains a totally unrelated measure to violate the privacy of asbestos victims, and subject them to potential discrimination. Together, this legislation is just one more measure in the Republican parade of bills this week to further tilt the playing field in favor of wealthy corporations over ordinary people.
Class action suits are an essential tool to enable victims of corporate wrongdoing to be compensated for their injuries and to deter future misconduct. Plaintiffs often seek to band together as a class when the potential damages they could receive individually are too low to make it practical to hire a lawyer and bring a lawsuit alone. But, as members of a class, they have the power to secure relief from a multimillion-dollar company and put an end to its illegal practices.
That is exactly why the big corporations oppose them. It makes it harder for those companies to operate with impunity from the law, with little regard for the injuries they may cause.
It was class action lawsuits that helped uncover years of corrupt practices in the tobacco industry and began to turn around a public health disaster, not to mention recover billions of dollars. It was class action lawsuits that revealed contamination of groundwater that cause certain forms of cancer. It was class action lawsuits that revealed fraudulent pricing practices and misleading advertising by drug companies, widespread employment discrimination, and predatory payday lending practices. Class action lawsuits also helped expose and bring down the sham university peddled on winning victims by the current occupant of the White House.
But this bill includes a range of provisions that would make such class action suits practically impossible. For example, it would require each member of a class to suffer ``the same type and scope of injury'' as the named class representative. What this means is that if two people use a defective product, but one suffers first-degree burns while the other person suffers third-degree burns, they cannot join together in a class because their injuries are of a different scope. Or take a company with a pattern of racial discrimination. If some workers are being paid less than others for doing the same job while other workers find themselves repeatedly passed over for deserved promotions, they cannot join in the same class action because they would not be deemed to have suffered the same type of injury--one having been paid less, the other having been passed over for promotions--despite being victims of the same discriminatory policies.
This is just one of a host of unnecessary and onerous requirements placed on victims by this bill that makes it virtually impossible to form a class. When added together, it amounts to a giant bailout for wealthy corporations at the expense of injured consumers and workers.
Mr. Chairman, we do not want the Federal courts to be simply collection agencies to large corporations. We need justice for the small, ordinary person.
Mr. Chairman, I urge my colleagues to defeat this legislation.