18 March 2021

Mundane Policies That Make Sense

Debt Collection

* Impose sanctions on people trying to collect zombie debt and other unfair first party debt collection practices.

* Require assignments of debts to be disclosed as a matter of public record and to be disclosed to the debtor with a copy of fully executed assignment documentation.

* Establish a deadline for setting aside default judgments that does not begin until collection activities are commenced.

* Cap attorney fees to a percentage of the debt collected in debt collection actions, and to an additional flat amount in eviction and foreclosure cases.

* Require parties evicting someone from a residence to use reasonable care in removing personal property of the tenant or occupant from the premises and to put the property removed in a storage unit prepaid for at least two months.

* Repeal the holder in due course doctrine (which allows assignees of checks or promissory note used to pay for goods or services to be paid without regard to defenses present in the transaction that gave rise to the original debt that the check or promissory note paid for).

* Repeal the credit agreement statute of frauds.

* End the practice of using newspaper notices to give notice by publication of legal proceedings such a probate proceedings and real property actions.

* Prohibit fees for paying an overdraft or a charge exceeding a credit limit other than non-default interest.

* Prohibit late fees and default interest rates on debts.

Consumer Protection and Consumer Affairs

* Provide for civil forfeiture of all assets of companies that market via robocalls.

* Penalize telecommunications companies that fail to take adequate measures to stop robocalling firms, or to allow spoofing of caller numbers.

* Outlaw extended warranties, third-party product and home warranties, service contract, and credit monitoring firms that are not organized as non-profits or as mutual companies.

* Allow all privacy disclosures and all securities law disclosures to be made by providing a URL, rather than by delivering paper disclosures.

* Make PIN protection for credit card and debit card transactions the industry standard requirement.

Insolvency and Bankruptcy

* Require all publicly held companies and all companies with government contracts, to have adequate insurance in force and to be bonded with respect to all debts owed to trade creditors, employees, and consumers.

* Give trade creditors priority over general creditors in bankruptcy.

* End the priority for tax creditors in bankruptcy.

* Treat all late fees, all default rate interest, all exemplary or punitive damage awards, and all fines behind all priority and general creditors and all voluntarily subordinated debt in bankruptcy.

* Allow cram downs of residential mortgages and car loans in bankruptcy.

* Require Chapter 7 debtors to pay the maximum garnishment amount from the income as if it were all wage and salary income, at the maximum rate allowed for garnishments from wage and salary income, by law, for three years if the debts are not paid sooner.

Civil Gideon

* Provide a legal right to counsel at public expense in any litigation over parental rights and responsibilities, termination of parental rights, immigration and citizenship status, guardianship, civil commitment, and seeking or defending against protective orders.

* Provide a legal right to counsel at public expense in all residential evictions and foreclosures of owner occupied homes.

Health Care

* Provide for some form of universal access to health care through insurance and/or government programs.

* Require all health insurance companies to be operated on a non-profit basis or as mutual companies.

* Require all hospitals to be operated on a non-profit basis.

* Prohibit health care providers from collecting payments other than co-pays set forth on the face of a health insurance card from anyone who has any form of health insurance from anyone from a patient's health insurance company or the government program providing their healthcare.

* Prohibit health care providers at a single location from issuing separate invoices for health care services at that location.

Education Funding And Student Loans

* End property tax and sales tax financing of education and use state income taxes to finance it instead.

* Do not treat any funds borrowed for "for profit" educational institutions to be prohibited from being discharged in bankruptcy.

* Meet 100% of the need based cost of higher education for anyone who is academically qualified to pursue it and is in good standing, at a non-profit or government owned institution of higher education.

Water

* Impose water taxes on the use of water by water rights owners, with a per household exemption for household use.

* Impose strict civil liability for providing unsafe drinking water to customers.

Energy, Environment, And Transportation

* Use airships to serve roadless areas and allowing areas to be returned to roadless status.

* Discontinue non-high speed AMTRAK service.

* Upgrade the Northeast Corridor to truly high speed rail.

* Impose an excise tax on new cars proportionate to their lifetime air pollution emissions.

* Discontinue the use of internal combustion engine personal motor vehicles in Hawaii.

* Impose odometer based taxes to full pay for roads and highways at the state and local level without a general fund subsidy.

* Increase gasoline and diesel taxes sufficiently to pay for roads and highways at the federal level without a general fund subsidy.

* Discontinue the use of coal fired power plants.

* Discontinue the use of heating oil.

* Discontinue the use of petroleum fuels electricity generation in Hawaii.

* Establish a permanent storage site for high level nuclear waste.

* Allow bicycles to be used on sidewalks and a developed system of care free bike paths, rather than on city streets.

* Provide carport style covers for street parking areas.

* Establish municipal snow removal from sidewalks.

Vice

* End excise taxes on alcohol.

* Reduce the drinking age to 18 years old.

* Decriminalize prostitution.

* Legalize marijuana.

* Legalize, in a regulated manner, psychedelic drugs. 

* Legalize harm reduction programs for substance abusers.




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