LawTalkers

LawTalkers (http://www.lawtalkers.com/forums/index.php)
-   Politics (http://www.lawtalkers.com/forums/forumdisplay.php?f=16)
-   -   Know new taxes! (http://www.lawtalkers.com/forums/showthread.php?t=819)

Gattigap 12-12-2008 11:31 AM

Re: The Jolly Banker, indeed.
 
Quote:

Originally Posted by sebastian_dangerfield (Post 374056)
The class actions coming out of this are going to be amazing.

I'd like that to be the result, but my very limited understanding of credit card agreements is that they're so dense, overlapping and one-sided that credit card companies can essentially do whatever they want whenever they want. Are you saying that courts would invalidate them as contracts of adhesion?

Mmmm, Burger (C.J.) 12-12-2008 11:34 AM

Re: The Jolly Banker, indeed.
 
Quote:

Originally Posted by Greedy,Greedy,Greedy (Post 374065)
Make $500,000 a year financing sub-prime loans resulting in massive foreclosures and the loss of many average people's life savings? See your company bailed out and keep your job. Bonuses might be a little slim this year.

35k at BofA and 50k at citibank are seeing more than just slim bonuses.

ThurgreedMarshall 12-12-2008 11:34 AM

Re: The Jolly Banker, indeed.
 
Quote:

Originally Posted by Adder (Post 374064)
Lots of them got fired though.

Did Congress insist that they be fired before agreeing to give them the money?

TM

Adder 12-12-2008 11:34 AM

Re: The Jolly Banker, indeed.
 
Quote:

Originally Posted by Greedy,Greedy,Greedy (Post 374065)
Make $500,000 a year financing sub-prime loans resulting in massive foreclosures and the loss of many average people's life savings? See your company bailed out and keep your job. Bonuses might be a little slim this year.

Work hard for years making cross-overs for the $500,000 a year guys to drive around in? Get your wages cut by a third so you can't pay your mortgage and get foreclosed on.

I am sympathetic, but there is a qualitative difference here. The banks were not in difficulty because of their labor costs, which they can reduce whenever they want by trimming worker (who aren't unionized).

Labor costs are part of the difficultly for the car makers. Not as big a part as retiree medical and pensions, and craptacular management that can't figure how to make cars people want. But nonetheless, trimming labor costs is actually relevant to bailing the companies out.

Adder 12-12-2008 11:34 AM

Re: The Jolly Banker, indeed.
 
Quote:

Originally Posted by hank chinaski (Post 374067)
the bailout is supposed to let them get fixed, not keep the lights on.

2

Adder 12-12-2008 11:36 AM

Re: The Jolly Banker, indeed.
 
Quote:

Originally Posted by ThurgreedMarshall (Post 374073)
Did Congress insist that they be fired before agreeing to give them the money?

TM

They didn't have to because the banks were already doing it on their own and could continue to do so.

Greedy,Greedy,Greedy 12-12-2008 11:38 AM

Re: The Jolly Banker, indeed.
 
Quote:

Originally Posted by Hank Chinaski (Post 374067)
so are we going to bail them out again next December so they can get to 2011.

for purposes of your answer assume almost everyone on this board but me has stated they do not drive US autos because they cost far more for the same quality.


the bailout is supposed to let them get fixed, not keep the lights on.

We have two autos, both American. Ford Taurus and Chevy Grand Voyager.

I have neither cost nor quality concerns about either. They are good cars and were good deals.

Diane_Keaton 12-12-2008 11:39 AM

Re: Know new taxes!
 
Remains of Caylee Anthony found. Right now...emergency motion of defense to require defense to observe forensic examination of remains, live: http://www.wesh.com/video/18257577/index.html

Greedy,Greedy,Greedy 12-12-2008 11:41 AM

Re: The Jolly Banker, indeed.
 
Quote:

Originally Posted by Adder (Post 374074)
I am sympathetic, but there is a qualitative difference here. The banks were not in difficulty because of their labor costs, which they can reduce whenever they want by trimming worker (who aren't unionized).

Labor costs are part of the difficultly for the car makers. Not as big a part as retiree medical and pensions, and craptacular management that can't figure how to make cars people want. But nonetheless, trimming labor costs is actually relevant to bailing the companies out.

Have you looked at employment figures in the auto industry?

There has been some significant consolidation in the banking industry, and there will be some in the auto industry. If they wanted to force a GM/Chrysler union as part of the bailout, that would be comparable.

There's also a scale difference. We're comparing $700 billion to $15 billion.

Mmmm, Burger (C.J.) 12-12-2008 11:42 AM

Re: The Jolly Banker, indeed.
 
Quote:

Originally Posted by Gattigap (Post 374070)
I'd like that to be the result, but my very limited understanding of credit card agreements is that they're so dense, overlapping and one-sided that credit card companies can essentially do whatever they want whenever they want. Are you saying that courts would invalidate them as contracts of adhesion?

I had thought some of the arb. clauses had been thrown out as unwaivable, at least with respect to some statutory causes of action.

As for jacking you on limits and such, there have been loads of legislative proposals to change things, which suggests that much of what they do is legal, whether or not fair/right.

Adder 12-12-2008 11:42 AM

Re: The Jolly Banker, indeed.
 
Quote:

Originally Posted by Greedy,Greedy,Greedy (Post 374079)
We have two autos, both American. Ford Taurus and Chevy Grand Voyager.

I have neither cost nor quality concerns about either. They are good cars and were good deals.

I haven't owned a Ford since the mid-90s (didn't own any care for most of the interrum), but when I did I had serious quality concerns. The thing always had something wrong with it.

The Nissan product I now drive has needed nothing but normal maintenance in two and a half years (although admittedly it has fewer miles on it than the Ford did).

Mmmm, Burger (C.J.) 12-12-2008 11:43 AM

Re: Know new taxes!
 
Quote:

Originally Posted by Diane_Keaton (Post 374081)
Remains of Caylee Anthony found. Right now...emergency motion of defense to require defense to observe forensic examination of remains, live: http://www.wesh.com/video/18257577/index.html

It's not a new thought, but how can any person kill their 2 y.o. child?

sebastian_dangerfield 12-12-2008 11:44 AM

Re: The Jolly Banker, indeed.
 
Quote:

Originally Posted by Gattigap (Post 374070)
I'd like that to be the result, but my very limited understanding of credit card agreements is that they're so dense, overlapping and one-sided that credit card companies can essentially do whatever they want whenever they want. Are you saying that courts would invalidate them as contracts of adhesion?

Yes. The only quick hook I could come up with was Jersey's Good Faith and Fair Dealing standard, basically an adhesion theory.

I also think one could succeed with the claim that the fine print is immaterial, or something close to it. Sounds nuts, but in common practice, nobody reads it and everybody just assumes its terms preclude the sort of shit the issuers are pulling right now. You might say that hasn't worked in predatory lending cases. I think they're different animals. You don't have closings or strong statutory notices of any kind on credit card solicitations.

One could also argue that issuers are engaged in a long term business practice aimed at debt consolidation - putting less sophisticated borrowers into lifetime debtor's prison. This claim would scare the piss out of them, I think, because as many buddies I know who've worked in the system can attest, there are many internal memos describing the way issuers want to rope kids right out of college and get them into long term debt structures. Done right, I've always believed the issuers could be turned into the next Big Tobacco. Sounds crazy, but right now is the greatest environment in history for lawyers to try it out.

Adder 12-12-2008 11:45 AM

Re: The Jolly Banker, indeed.
 
Quote:

Originally Posted by Greedy,Greedy,Greedy (Post 374082)
Have you looked at employment figures in the auto industry?

There has been some significant consolidation in the banking industry, and there will be some in the auto industry. If they wanted to force a GM/Chrysler union as part of the bailout, that would be comparable.

Sorry, but I don't follow your point. Does something about this suggest that labor costs aren't relevant to an auto maker bailout?

And btw, as a sheer matter of concentration, GM/Chrysler would result in a lot higher level of concentration than any of the bank deals (there are lots of banks).

Mmmm, Burger (C.J.) 12-12-2008 11:48 AM

Re: The Jolly Banker, indeed.
 
Quote:

Originally Posted by sebastian_dangerfield (Post 374087)

I also think one could succeed with the claim that the fine print is immaterial, or something close to it. Sounds nuts, but in common practice, nobody reads it and everybody just assumes its terms preclude the sort of shit the issuers are pulling right now.

I worked on one of these cases a while ago . . . turns out that the CCs were keeping terrible track of whether/when they had actually sent out the little flyers that update the terms and conditions. It was kind of central to their defense that they in fact had done so, because they wanted to apply those new T&Cs, but they had no way to prove they ever had sent them. My understanding is they reformed their practices after that.


All times are GMT -4. The time now is 07:40 PM.

Powered by: vBulletin, Copyright ©2000 - 2008, Jelsoft Enterprises Limited.
Hosted By: URLJet.com