Opposition to Class Action Fairness Bill
OPPOSITION TO CLASS ACTION FAIRNESS BILL -- (Extensions of Remarks - March 08, 2005)
SPEECH OF
HON. BETTY McCOLLUM
OF MINNESOTA
IN THE HOUSE OF REPRESENTATIVES
THURSDAY, FEBRUARY 17, 2005
Ms. McCOLLUM. Mr. Speaker, I rise in opposition to the so-called class action fairness bill. This legislation will close the courthouse doors to thousands seeking justice.
The bill we are considering today pushes almost all class actions into the federal courts and away from state jurisdiction. It is no secret that federal courts are generally less willing to consider complex civil litigation than state courts. They face incredible backlogs with hundreds of criminal drug cases and immigration cases. Federalizing class actions causes delays in getting relief for injured consumers.
Instead of fixing the current system, this legislation is only making it more difficult and time-consuming for Americans with legitimate complaints to have their day in court. Class actions are a critical way for people, particularly those without the resources to battle large corporations, to seek redress from companies for fraudulent behavior, defective products and employment discrimination. A strong class-action system is particularly important given the emergence of evidence proving corporate wrongdoing in recent years. This bill will give banks, credit card companies, insurers, HMOs, drug manufacturers and other big businesses a green light to defraud and deceive consumers without fear of being held accountable. Most troubling, this bill deprives Americans of an important forum-in many cases their only forum-for remedying genuine wrongs.
I support strengthening our class action system and reducing fraud, which is why I voted for a substitute bill. This legislation would ensure that people injured or discriminated against could still get the justice they deserve while making adjustments needed to reduce abuse in the class action system. The substitute puts an end to "coupon settlements" and court shopping. It keeps our class action system accessible and effective by carving out civil rights and worker rights cases. It protects cases brought by state attorney's general. Lastly, it asks the Administrative Office of the U.S. Courts to report back to Congress on how the new law is working. The substitute is a real improvement in our legal system that will ensure the protection and justice promised to individuals, families and businesses by our Constitution.
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