A mother of five who says she was sexually harassed and assaulted while working for Halliburton/KBR in Iraq is headed for a secretive arbitration process rather than being able to present her case in open court.

A judge in Texas has ruled that Tracy Barker's case will be heard in arbitration, according to the terms of her initial employment contract.

Barker says that while in Iraq she was constantly propositioned by her superior, threatened and isolated after she reported an incident of sexual assault.

Barker's attorneys had argued that Halliburton/KBR had created a "boys will be boys" atmosphere at their camps and that sort of condition is not the type of dispute that she could have expected to be within the scope of an arbitration provision.

KBR issued a statement late yesterday saying, "As part of her employment contract with KBR, Ms. Barker agreed to arbitrate all claims in the event a conflict arose. The court's decision enforcing her agreement is consistent with rulings from other courts in the upholding arbitration agreements between employers and employees..."

Halliburton and KBR had also sought to have Barker pay for their costs of defending their right to arbitrate. That request was denied.

Let's Keep It Going!
January 15, 4:15pm

You’ve already helped start the “Change” movement, now let’s keep it going!

Change happened when you stood up and prevented President Bush’s pro-corporate nominee, Michael Baroody, from being approved by the U.S. Senate as head of the Consumer Product Safety Commission (CPSC). 

You helped to make chemical facilities safer by telling Congress that states and local communities should be able to set a higher standard for safety than the weak standards the chemical industry wanted.

You worked to shed light on the insurance companies who, long after Katrina wrecked havoc in the Gulf Coast, continued to prevent relief for thousands of victims who had paid their monthly premiums for years and years.

You helped bring to the attention of the Congress the unfair use of mandatory binding arbitration clauses forcing consumers and employees to give up their rights, and now there are more than 70 Members of Congress who have signed on to legislation to stop that practice.

You helped bring to the attention of Congress the flood of unsafe toys into the United States and your call for change helped pass stronger laws to protect our children from unsafe toys filled with lead and dangerous ingredients.  You also got Congress to force the agency that is supposed to be a watchdog over this industry to stop taking industry-financed trips to golf outings and five-star resorts.

When all was said and done, you sent more than 125,000 letters to Congress, and sent them a message loud and clear: 
We Want Change!

But much more work is still ahead of us. 
In the next few months Congress will tackle new issues, face new challenges, and take on new fights. 

Corporate America announced just last week that it will spend at least $60 million dollars during this election to try to undermine consumer rights and accountability.  While we can’t match their mountains of money, we can outwork and out organize them. 

We have seen what your voices do when you speak up and call for change.  And our political leaders are now paying attention. 

Now that we have their attention, we must stay steadfast in our efforts to make sure Congress continues to address our issues and fight on our behalf.

We need more Members of Congress to cosponsor the Arbitration Fairness Act.

We need to hold foreign companies accountable for putting defective products on our shelves.  

We need to build on our efforts and continue to let Congress know we expect them to continue to work for change.  And that change is undoing and turning around almost 8 years of one-sided laws that reward corporations instead of protecting our citizens.

We need to make sure Congress continues to fight for hard working Americans on every front.

We’ve accomplished a lot already, now let’s keep it going. 

Stay tuned to keep up to date on how you can be involved!

See and Read the WBAL Story here

Send A Message To Congress and Tell Them To Ban Mandatory Binding Arbitration Clauses! 

Visit The Hot Issues Page and Learn More About BMA Clauses

Preemption Battle
September 11, 4:00pm

The Bush Administration is conducting an unprecedented campaign to usurp state authority, weaken regulatory scrutiny and protect corporate wrongdoing through a coordinated strategy of “preemption.”  Preemption denies Americans the right to hold companies accountable, under the laws for their states, for the harm they cause through the provision of dangerous drugs, cars, toys, and food.  

It must be stopped because it threatens the health and safety of millions of Americans!

Send A Message to Your Senators and Representative

Send a Letter to the Editor Today

A report just out from the Center for Progressive Reform reveals the Bush Administration has forced federal agencies, often against their policies, to claim their regulations preempt state laws – despite no constitutional authority to do so. This deprives states from providing greater protections for their citizens when they determine it’s necessary.

The Center for Progressive Reform report exposes the Bush Administration’s campaign which restricts states from enforcing tough laws that punish corporate wrongdoing and negligence.  Preempting the state laws through the regulatory rulemaking process must be stopped. 

Read The Full Report at the Center for Progressive Reform’s Website

Learn More About Preemption

Let Congress know that the Bush Administration’s campaign to advance corporate irresponsibility threatens the health and safety of American consumers.
Send A Message to Your Senators and Representative

Spread the word about how preemption removes local controls.
Send a Letter to the Editor Today

Pattern of Greed
August 27, 3:00pm

A full two years after Hurricane Katrina, Gulf Coast policyholders are still fighting for fair and just resolution of their claims.  The abuses of the insurance industry must not be forgotten.  To ensure this, we have released a compelling new report, Pattern of Greed 2007, which documents the insurance industry’s consistent practice of denying policyholders what they are due.

Read the Report

Financially devastated victims of Hurricane Katrina are left waiting for settlements while the insurance industry has demonstrated a clear pattern of greed with record profits.  In fact, insurance companies continue to increase their profits, posting a record profit of more than $60 billion in 2006 – an increase of $20 billion over their record profit of $40 billion in 2005.

Write a letter to the Editor telling the Insurance Industry to pay just claims

Demand that the industry clean up its act and pay fair and just claims.  Urge your state officials to hold a public state hearing on the abuses of the insurance industry.  Ensure that the insurance industry does not practice the same unfair practices should a natural disaster occur in your state.  As insurers record massive profits using your hard earned money, the least they can do is fairly pay claims.

Demand that your State Officials hold the Insurance Industry accountable

 Bush Once Again Plays Politics with the Justice System
August 21, 3:50pm

On August 15th, the U.S. Solicitor General filed a friend of the court brief in a pending U.S. Supreme Court case in support of third party corporate defendants.   The case, Stoneridge Investment Partners v. Scientific-Atlanta, Inc., will be argued before the Court later this year and will determine who investors can hold accountable when securities fraud occurs.  Specifically, the Court will decide whether shareholders can hold each company that participates in a calculated scheme to defraud investors liable. 

Just like in a bank robbery—the getaway driver is just as liable as the robbers who entered the bank. 

However, once again the Bush Administration sided with powerful corporate CEOs and against hardworking Americans by persuading a political-appointee, the Solicitor General, to file an anti-investor friend of the court brief in the case.  Friend of the court briefs, also known as amicus briefs, are weighed heavily by the Supreme Court when making a decision in a case.  The Bush Administration’s brief outrageously argues that third party companies that knowingly participated in corporate financial fraud schemes should not be held accountable to investors.  

Tell the President to Stop Putting Investors’ Pensions at Risk by Siding with Corrupt CEOs!

Do not let President Bush get away with offering a Presidential pardon to corporate wrongdoers.  Write the White House today and tell the President to stop supporting the interests of corporations over innocent victims.

Tell the President to Stop Playing Politics with the Justice System!

Encourage Your Elected Officials to Cosponsor The Arbitration Fairness Act of 2007
August 9, 2:20pm

Binding Mandatory Arbitration forces you to fight for justice in a privatized system with no judge or jury.   Businesses and corporations bury Binding Mandatory Arbitration clauses in contracts for countless products and services including credit cards, new homes, and cars.   These clauses force you to surrender your rights to seek justice through the courts.

Tell Your Representative and Senators to Cosponsor the Arbitration Fairness Act

Do not let this abuse of justice happen to anymore unsuspecting Americans.  With your help we can eliminate Binding Mandatory Arbitration for good and save countless more Americans from being hoodwinked by fine print.

Stay Up To Date On The AFA 2007:
Go to Our Hot Issues Page!

Send A Message To Your Elected Officials Now:
Tell Your Representative and Senators to Cosponsor AFA 2007!

While Congress is in recess visit your elected officials in their district offices:
Go to our Legislative Directory to find out how to contact them!

Spread the Word:
Tell a Friend About BMA!

Comcast Attempts to Take Away Your Rights
August 7, 3:00pm

In July, Comcast, which provides cable service to 24 million homes nationwide, informed its customers of a change in the subscriber agreement that would take away their seventh amendment rights to a trial by jury. 

Without receiving the consent of the consumer, Comcast has changed their agreement to include a mandatory binding arbitration clause that means if a dispute arises then the customer is forced to go into a privatized system known as arbitration. 

Get The Facts About Arbitration 

Comcast has sent out an Arbitration Notice to inform their customers of the change and the customer has 30 days to opt out.  If you do not opt out of the agreement then you lose your right to sue Comcast, even though they retain their right to sue you. 

Do not let Comcast take away your rights! 

Customers can opt out online by going to:  https://www.comcast.com/ARBITRATIONOPTOUT/default.ashx 

Customer are also able to opt out by mail if they include their name, address, account number and a statement explaining that they do not want to resolve disputes with Comcast through arbitration.

Protect yourself against arbitration:
Send a Letter To Congress Now!

Thank You and Farewell
August 6, 5:15pm

After four years as the Campaign Manager of People Over Profits, it is time for me to say goodbye.  We have worked hard to hold wrongdoers accountable and to oppose efforts to dismantle our civil justice system.  I have overseen the dedicated work of the People Over Profits network as we have fought off powerful special interests and ensured that your voices are heard.  As the political climate has changed in favor of the civil justice system I foresee great things for the People Over Profits network.  But the fight is just beginning.  I will be engaged as an activist and look forward to our future successes.  Thank you for all of your support and activism.  Together we will ensure that legislative policy continues to put people over profits.

-Kristin

Kristin Keckeisen
People Over Profits
Campaign Manager

Enron Victims Call on Bush to Stand Up for Investors’ Rights
July 31, 3:45pm

Six former Enron employees who were victims of the corporation’s massive fraud gathered in Washington, DC to urge President Bush to reaffirm his commitment to hold corporate America “to the highest standards of conduct.”  The victims were joined at a press conference with Ken Connor, Chairman of the faith-based conservative group, Center for a Just Society, and the national consumers’ organization, Center for Justice and Democracy. 

The attendees released a letter to Bush signed by 21 Enron victims, urging him not to intervene of behalf of the defendant corporations in a pending U.S. Supreme Court case, Stoneridge Investment Partners v. Scientific-Atlanta, Inc.   This case will determine the outcome of the Enron case, when the Court decides whether a company that knowingly participates in a scheme to defraud can be held liable for its actions.   President Bush has refused to allow the Securities and Exchange Commission to intervene on behalf of investors, despite a unanimous vote by the SEC to get involved.  Legal briefs in the case are due August 15, 2007.

Alice Smith, who lost her entire investment in Enron, told Bush that “we need your help.”  The outcome of Stoneridge will determine whether tens of thousands of Enron victims who were defrauded by Enron and their accomplices can go to court to hold these negligent corporations accountable.  Alice and the other victims believe that the investment banks that knowingly participated in the fraudulent scheme and profited off the losses of the Enron victims must be held accountable.  Charlie Prestwood who lost $1.3 million when Enron imploded, stated that he was trusting Bush to do the right thing.  Now is the time for Bush to stand up for investors’ rights and hold corporate wrongdoers accountable.

Get the Facts on Protecting American Investors

Feingold, Johnson Introduce The Arbitration Fairness Act of 2007!
July 13, 10:30am

In a packed room in the Capitol, members of the Give Me Back My Rights Coalition joined Senator Russ Feingold (D, WI) and Representative Hank Johnson (D, GA) as they introduced the Arbitration Fairness Act of 2007.   The comprehensive legislation amends the Federal Arbitration Act to ensure Americans are not forced into mandatory arbitration agreements in employment, consumer, franchise or civil disputes.  Arbitration victims gathered in the background as Senator Feingold expressed his passion for the cause that began almost ten years ago.  Sally Greenberg of Consumers Union discussed the hypocrisy of the car dealer industry for fighting and securing a ban on unfair binding arbitration clauses in their agreements with car manufacturers five years ago, yet they still include these same agreements with their customers.  Next, Joan Claybrook, President of Public Citizen, attested to the unfairness of arbitration and expressed concern for the rights of consumers.  Jordan Fogal told her moving story of being denied access to the courts when her home accrued up to $150,000 worth of repairs.  After four years of anguish in two rounds of arbitration, the arbitrator ruled that the builder had committed fraud and awarded Jordan $26,000.  However; the arbitration procedure alone cost her $30,000.  For too long, corporations have hidden behind arbitration agreements to evade responsibility for negligent actions and abusive practices.  The Arbitration Fairness Act of 2007 will ensure that Americans’ seventh amendment rights to a trial by jury are no longer curtailed.  As Jordan Fogal poignantly concluded, “If arbitration is so wonderful…then why is it mandatory?”  Americans deserve better.

Urge Congress to Support the Arbitration Fairness Act of 2007

Get the Facts and Read a Copy of the Bill

More Info and Audio From the Press Conference

We Can't Afford Another Enron
June 25, 3:30pm

Just five short years after Enron and other scandals defrauded hardworking Americans out of billions of dollars, corporate executives are pushing the Securities and Exchange Commission (SEC) to loosen the rules that protect investors from future Enrons. 

Is their campaign working?  You decide: over the past year, the SEC has proposed rules to make financial reporting less reliable, filed a brief that would make it harder for investors to hold corporations accountable for fraud, and waived a rule that would have allowed investors to file suit against Tenet healthcare for corporate misconduct.

On June 26th, the House Financial Services Committee is holding an SEC oversight hearing to question Chairman Chris Cox and the other Commissioners about these and other issues. 

Tell Congress to Protect Investors – We Can’t Afford Another Enron!

Get the Facts 

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Bush Backs Corporate Cronies Against Defrauded Investors
June 20, 12:30pm

Yet again, the Bush administration has chosen to side with corporate CEOs and powerful corporations against the interests of hardworking Americans. This fall the Supreme Court will hear arguments for Stoneridge Investment v. Scientific-Atlanta.  The Securities and Exchange Commission (SEC) recently recommend that the government file a “friend of the court” brief on behalf of investors in the case.  Despite the SEC’s recommendation, George Bush decided to defend his cronies and pressure Solicitor General Paul Clement not to intervene on behalf of investors.

By directing the Solicitor General not to file a “friend of the court” brief with the Supreme Court, President Bush is essentially electing to grant a pardon to the criminally liable executives; the corporate fat cats who have gotten rich off of exploiting hardworking investors.

Don’t let George Bush offer a pardon to the corporate wrongdoers involved in Enron.  Help spread the word about how George Bush is helping corrupt CEOs instead of hard working Americans.  Let other investors know that the White House is putting their pensions at risk.

Send a letter to the Editor of your local papers!

You Did It!  Baroody Nomination Withdrawn
May 23, 2007 12:00 PM

President Bush's pick to head the Consumer Product Safety Commission withdrew his nomination today amid strong opposition from the defenders of civil justice.

People Over Profits citizen Activists sent more than 12,700 messages to United States Senators urging them to oppose the nomination Michael Baroody (one of Corporate America’s leading anti-consumer henchmen) to head the Consumer Product Safety Commission (CPSC).

This is a great victory for civil justice, and your voice made the difference!

Give the FDA Guidance: American Safety is the Only Interest that Matters
May 21, 2007 10:45AM

When drugs are approved by advisory committees for the Food and Drug Administration (FDA), the health and safety of Americans should be the only interest served.  The FDA has instituted a Guidance process to combat conflicts of interest on the FDA’s advisory committees.

While the FDA should be applauded for finally realizing that their advisory committees have been corrupted by conflicts of interests for too long, the Guidance system does not go far enough to ensure the safety of the Nation’s drugs and medical devices.

Send your comments to the FDA!

Don't Let Enron Happen Again!
May 2, 2007 - 4:34PM

Once again, the Chamber of Commerce is launching a stealth attack on your rights – and this time, their goal is to make it harder for small investors – people like you and me, who depend on 401(K) plans to fund our retirement – from holding greedy CEOs and corporations accountable when they knowingly defraud investors.

The Sarbanes Oxley Act, enacted in the wake of the Enron scandal to protect investors from financial devastation, requires companies to verify that their financial reports are clear representations of the financial healthy of the company, not works of fiction.  Now the Chamber of Commerce wants to weaken this law and further limit investors’ rights to face these powerful interests in court, the only place where regular Americans can face powerful interests on a level playing field when they suffer harm.   

Stay tuned – we’ll keep you informed!   

Call & Tell Congress: Support the Insurance Industry Competition Act
April 13, 2007 - 3:21PM

Go to the People Over Profits Legislative Directory for contact information for your Senators and Representatives.

Urge your Senators to Co-Sponsor S. 618! 

Urge your Representatives to Co-Sponsor HR 1081!

Whether it is home, auto, property or commercial insurance, American families and businesses all rely on insurance.  Americans have a right to be confident that if they are paying for insurance coverage, their insurance carrier will be there for them if tragedy strikes.

The “Insurance Industry Competition Act” has been introduced in both the U.S. House of Representatives and in the Senate, respectively.  For more than 6 decades, the insurance industry has operated beyond the reach of Federal anti-trust laws. This critical legislation would repeal the industry’s anti-trust exemption and give the Department of Justice and the Federal Trade Commission the authority hold insurance companies accountable for their behavior.

In the Senate, the legislation is already sponsored by Senators Leahy, Specter, Lott, Reid and Landrieu.  In the House, the measure is sponsored Representatives DeFazio, Taylor, Jindal, Melancon, Alexander and Jones.

Please call your Member of Congress and U.S. Senators today and urge them to co-sponsor this legislation today!

For more information, Click Here.

Victory with a Pro-Civil Justice Majority! 

March 28, 2007 - 10:26AM

Yesterday, citizen safety and protection triumphed over the enemies of civil justice in the Bush Administration and the corporate interests of the Railroads, as Americans scored an important and major win on federal preemption. The pro-civil justice majority in the House of Representatives secured a provision in the House Rail Security bill clarifying that the Federal Rail Safety Act does not preempt common laws that allow people who are injured to hold those responsible accountable for their actions.  This provision must be agreed to by a House-Senate conference committee before becoming law. 

In the past several years, the Bush Administration has made a major effort to use federal regulation to curtail access to the civil justice system.  Yesterday's victory was an important milestone in beating back that effort.

The Railroads never lose.  Until yesterday.

Stay Posted! When the House-Senate conference committee is established, there will be a way to take action on this issue!

You Won’t Believe This! 

March 19, 2007 - 9:46AM

Shocked to learn that the Consumer Product Safety Commission not only allows companies to produce and market children’s jewelry containing lead, but that the Commission is considering allowing the very companies who stand to profit from marketing these toys to decide whether or not to warn parents of the danger?

Over 300,000 children have enough lead in their systems to cause irreversible damage, and this is caused in part by playing with toys containing dangerous levels of lead. This exposure can cause lower IQ levels, hyperactivity, developmental delays and even death. This is unnecessary and unacceptable.

The CSPC asked citizens to let them know what they think about this issue, and nearly 2,500 People Over Profits citizen activists have told the CPSC to protect the health and safety of our children.  Thanks to all of you who took action!     

Still Trying to Trample Our Rights

February 7, 2007 – 12:33PM

Following the election of a pro-civil justice Congress in November 2006, it would be reasonable to expect that the vicious attacks on the civil justice system were behind us.

That is not the case.

Federal agencies, like the FDA and Department of Homeland Security are engaged in a stealthy and coordinated attack on the rights of Americans by promoting rules on a broad range of issues.  These rules would not only undermine health and safety protections, but also eliminate the ability of the states to protect the rights of their own citizens. 

Over the past years, as those seeking to restrict the rights of Americans to seek justice in the courts found it difficult to convince a majority in Congress to support most of their legislation, they began pushing for restrictions through the regulatory agencies.  They have been successful in issuing regulations intended to preempt state laws designed to protect health and immunize powerful interests from being held accountable for their harmful actions.

Take Action and stop unelected bureaucrats from trampling our rights

Victory for Civil Justice
November 9, 2006 – 12:18PM

On Election Day, voters across America chose to put people before corporate profits, electing a pro-civil justice majority to serve in the 110th Congress. Those harmed through no fault of their own should feel more secure knowing that – for the first time in more than a decade – both the U.S. House and Senate protect the rights of Americans to seek justice in the courts.

However, with Congress a potentially much less hospitable environment for the opponents of civil justice, the efforts to restrict your rights are now focused on the federal agencies. The National Highway Traffic Safety Administration is proposing changes to its rules that would treat certain information submitted by motor vehicle companies as confidential, even though this information previously was readily available. This would include consumer complaint reports and paid warranty claims, information that has been commonly used by consumers to purchase a vehicle and that also may be used to establish that the motor vehicle manufacturer had previous knowledge of a defect or failed to investigate a potential defect. Similar efforts to weaken health and safety requirements and restrict citizens' access to the courts are taking place in the Food and Drug Administration and the Consumer Product Safety Commission, to name just a couple.

We must continue sending the message to Congress, the Bush Administration, and now the federal agencies, that the safety of Americans is more important than corporate CEO’s lining their pockets. Stay tuned - we will keep you informed.