The Represent Act

A Model State Consumer Protection Statute

Coming Winter 2019

It's time to clap back against corporate abuse. The Represent Act is model legislation that corrects an imbalance in the marketplace by empowering you with new rights and remedies.

The Represent Act is a radical new model consumer protection law.

The Represent Act gives you new protections. The Represent Act addresses every annoying and time-consuming problem facing us consumers in the 21st century. You will have new rights that protect you against injustices in an era when technology, and the ways giant multinational conglomerates abuse technology, is evolving rapidly. The Represent Act protects you from: false advertising, unfair and mysterious fees tacked on to everything you buy, unauthorized charges, subscriptions you never ordered, rebates that require you to take steps to get a lower price, gift cards with fees and conditions, warranties with no value, problems with refunds, shipping delays and mistakes, loans and credit that drain your bank accounts, fake consumer reviews, harassing communications, and shoddy customer service. It prevents companies from requiring you to forfeit your legal rights every time you make a purchase. Finally, The Represent Act protects companies from stealing and profiting off of your personal information.

And if corporations violate the new rights in The Represent Act, they will have to pay you.

The Represent Act re-opens the courthouse doors so you can protect your rights and get your money back. The Represent Act will simplify lawsuit procedures to make it a lot easier for consumers to bring cases to protect these new consumer rights. Corporate-sponsored legislation and hostile court decisions have abolished or degraded your constitutional rights to your day in court. The simplified lawsuit procedures re-open the courthouse doors so you can sue companies when they violate your rights. The Represent Act also strengthens the integrity of the judicial system by eliminating some of the abuses that have undermined public support for class actions.

  • Restoring consumers’ ability to bring cases. The Act allows individuals and nonprofits to bring lawsuits on behalf of the general public to stop corporate actions before they take your money or threaten your safety.

  • Expanding money available to harmed consumers. When corporations violate the Act, they have to pay consumers not just for the money you lost, but also your lost time, lost personal data, physical harm, and emotional distress. Time is money for big corporations, but they don’t mind wasting your time – until now.

  • Limiting defenses that waste taxpayer money. The Act prohibits defendant corporations from shielding themselves from liability based on unrelated actions taken by regulatory agencies.

  • Requiring transparency. The Act requires most legal documents to be made public and easily accessible online.

  • Defining duties to protect information in a case. The Act requires a defendant to preserve evidence upon learning of a potential violation of the Act.

  • Defining criteria for claims brought on behalf of others. The Act makes it easier than it is now to bring lawsuits on behalf of a group of harmed consumers, and ensures that the person representing the group of consumers is acting in the best interest of the consumers he or she represents.

  • Creating a better framework for the appointment of lawyers to oversee cases on behalf of groups of consumers. Where there are cases involving multiple, similar lawsuits, many lawyers are involved. In these types of cases, the Act requires new procedures to make sure lawsuits are processed faster and more efficiently.

  • Defining mediation procedures. The Act sets forth procedures for private mediations – out-of-court meetings where parties try and reach a settlement on their own. The new rules prevent closed-door negotiations where a defendant corporation tries to settle the case on unfair terms. The procedures also discourage delays resulting from drawn-out and unproductive settlement negotiations.

  • Setting a framework for settlements. The Act prohibits specific terms in class action settlements that discourage consumer participation or undermine public confidence in class actions, such as requiring consumers to fill out unnecessary forms to obtain money. The Act also mandates that defendants cannot keep unclaimed or unpaid money intended for consumers.

  • Listing standards for notice. The Act sets forth detailed rules for the form and content of notices about lawsuits that go out to consumers that ensure consumers will know how to obtain any money they may be entitled to, and the rights they may be forfeiting by participating in a lawsuit.

  • Creating a new vehicle for interested parties to voice their concerns. The Act creates a new system for “concerned parties” to voice concerns about a settlement at any time after a settlement is announced.

  • Ensuring compliance with settlements and court orders. The Act requires defendants to tell the court that they are complying with settlement terms and court orders after the conclusion of a lawsuit, and requires defendants to pay penalties for noncompliance.

  • Paying attorneys in a fair manner. The Act ensures that attorneys who are entitled to fees are paid fairly.