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Chances for a Class Action Suit?
What would be the chances of filing a Class Action Lawsuit against the Government
for the manner in which the credit/debit card system is funded?
It is manifestly unfair to those who choose not to use the system, by surcharging
the retailer, and thus eventually raising all prices, it hides the cost from the consumer
and places a surcharge on the entire economy.
This is, in effect, a sales tax, levied not by any Government, but by commercial
institutions.
It seems to be a tort on the face of it and it seems that a case could be made,
and a social wrong righted.
If it's a 'service' then it should be charged to those who use it.
If we are to believe the gasoline industry price structure, the costs rum about 5%.
I don't know about the rest of you, but I could use that kind of break at the supermarket.
It might even be on a Constitutional basis as it deprives a consumer of property, (cash),
without due process.
Anybody with real legal knowledge out there?
Edit: The suit would be to require the Government to amend
the offending law to make the charges for the service transparent
to the user and remove the unfair burden from the non-user as
was customary before that law was promulgated.
1 Answer
- anna13Lv 48 years agoFavorite Answer
I'm not sure what the government has to do with private companies charging you fees. What has the government done wrong? It sounds like what you want is for the government to regulate the banks and disallow the fees, in which case the proper thing to do is to contact your Senator and member of congress and ask them to do something about it.
Constitutional issues are only when the GOVERNMENT deprives you of something. So again, I'm unsure where the government is harming you here.
Editing to add that I hear what you're saying, but you've still not described on what basis you have grounds for a lawsuit against the government. It's like me saying I'm going to sue the government because my neighbor plays his music too loud. Why is that the government's fault? If I want better protection under nuisance laws, I would go talk to my members of congress about strengthening the laws. The government is under no obligation to create a law, and citizens have no right to sue the government for failure to pass laws they want.
Source(s): I'm a lawyer.
