Attorney general still fights for the ‘little guy’

In his Perspective column (“Help Wanted: Massachusetts Consumers Need Champions on Beacon Hill,” CW, Fall ’08), Edgar Dworsky declares that the needs of “the little guy” play second fiddle to big business, and that the role of the consumer advocate has vanished from Beacon Hill. When I was sworn in as attorney general, I promised that our office would focus on creative, effective law enforcement to serve consumers across the Commonwealth and create a fair marketplace for businesses. While ticket scalping and item pricing are still relevant issues, the author makes a glaring omission about issues consumers face today: imminent foreclosures, the rising costs of health care and insurance, and threats to their personal data. Consumers need an advocate who addresses these serious issues.

Undoubtedly, the most critical issue facing consumers today is the economic impact of the subprime lending fallout. Our office was one of the first in the nation to file litigation against major subprime lenders for originating loans we allege were destined to fail. In our case against Fremont, the Supreme Judicial Court affirmed our application of the Consumer Protection Act to subprime lending, a decision that will resonate for years.

We have also brought successful enforcement actions against scam artists who prey on distressed homeowners, plus Wall Street firms that deceptively marketed auction rate securities and subprime derivatives. By comprehensively approaching the crisis, we prevented foreclosures and obtained loan modifications on hundreds of subprime loans. We also set standards for better practices in the future: For the first time in 10 years, our office issued regulations under the Consumer Protection Act, banning foreclosure rescue transactions and regulating the conduct of mortgage professionals.

Upon taking office, we reorganized with the philosophy that consumer protection should be integrated into everything we do. We hired additional staff for our Consumer Protection Division and created new divisions. We formed the Health Care Division to monitor rising health care costs and the implementation of the new mandatory coverage law. Recently, that division brought actions to stop the deceptive marketing of pharmaceuticals and shut down a major dental and health care finance scheme.

We also added consumer protection responsibilities to other divisions. We expanded our existing Insurance Division to investigate and prosecute disreputable practices in the financial services industry, resulting in the recovery of over $75 million from the nation’s largest financial firms for Massachusetts municipalities and consumers. We also saved homeowners over $35 million after the FAIR Plan sought an unjustified 25 percent insurance rate increase.

Our office prides itself on being a voice for the “the little guy.” Mr. Dworsky is incorrect to state that we prefer to concentrate on big issues and complex cases in lieu of routine consumer issues. While we tackle large, complex matters to help thousands of consumers, we have also built a strong record of enforcement actions against home improvement contractors, auto dealerships, and tobacco sellers. Consumers can trust the attorney general’s office to be a leader in consumer protection, and to continue to dedicate resources where they will have the most meaningful impact.

Martha Coakley
Attorney General
Boston

Cosby has a point, but racism is still real

I admire the courage and sense of obligation with which Mr. Cosby and Dr. Poussaint push hard against what they see as damaging values glorified among black youth in this country (“Cos for Action”). School dropout rates, incarceration rates, and homicide rates are staggering, and have nothing to compare with in the industrialized world.

As an Israeli I understand calamity well, and I appreciate rebirth in a tough environment. Israelis debate vigorously our values and options. Black America has a tradition of doing so, but always with the fear that the larger society will exploit that debate to further erode the relatively little investment made in poor neighborhoods where large numbers of blacks live.

The “depression” that Cosby and Poussaint describe is real, and it is hard to describe which part is the legacy of slavery and racism, and which part is “self-inflicted” by the current culture. This much I do know: The Holocaust, which was unprecedented in history with its technological and efficient brutality (and cost me my grandmother), lasted six years, while slavery, lynching, and racism in the United States lasted much, much, longer.

Bob Herbert of the New York Times, mentioned in your article, manages to be very critical of the “thug” culture, but also of the greed, selfishness, and inequality prevalent in the larger society that still ravages the life chances of so many young people in America. Cosby brings an important layer to the conversation, and blacks, like Israelis, should operate under the assumption that no outsiders will save them. But blacks are a central part of the social contract that is the United States of America. On the duties of the larger society, Cosby and Poussaint have little important to say.

Teny Oded Gross
Executive Director
The Institute for the Study and Practice of Nonviolence
Providence, RI

Give teeth to the Public Records Law

Thank you for Colman Herman’s article on the Public Records Law (“Paper Tiger”). He is correct that public agencies can ignore the statute without fear of sanction. The Legislature needs to add a provision for attorney’s fees when a requesting party establishes that records which were not produced are, in fact, public records. Public records cases will never be the highest priority for the attorney general. Permitting private attorneys to enforce the statute would give the tiger teeth. Hopefully, this would make the agencies more likely to follow the law.

Howard Friedman
Attorney
Boston

The future calls for a new mindset

I really enjoyed Alison Lobron’s Real Talk column in the last issue (“Divided Loyalties”). As a Realtor and an activist for affordable housing in my community and in the state as a whole, I applaud your insight and share your frustration with some of the realities of our lives here in this state.

Our planet, our health, and our future hinge on a major overhaul of the general mindset and a redoubled effort to be respectful of our resources (natural and human) and to be vigilant in our focus on conducting ourselves with integrity. Thank you for bringing attention to important issues.

Barbara McDonald
Realtor
Westwood

Let Massport take care of the Greenway

The so-called Greenway Conservancy (“Plush Park”) is nothing more than a private corporation of business interests, exempt from state “public integrity” laws. It should not be the custodian of a public park. This lesson is learned from Post Office Square: Real estate investors got a free lease on public land and built a parking garage roofed by a private garden, whose maintenance is more than reimbursed by a property tax waiver, and where free speech and assembly are prohibited. The Conservancy’s Greenway, too, will be a socially sanitized property value enhancement, “given” to the citizens by the private sector — entirely at public expense. The taxpayers, promised private funding, will end up paying $5.5 million year for a park they can use only per the “reasonable regulations” of this private corporation. That’s the future if the Turnpike Authority, too distracted to guard the parks, gives the Conservancy the lease it seeks.

But if Massport replaces the Mass Turnpike Authority as the landlord, a new option appears. Massport maintains its Piers Parks superbly, using private management contracts; it can simply add the Greenway to its management program. Publicly administered competitive bids for high-quality maintenance and programming can be used to assure efficiency, transparency, and public accountability. Existing Conservancy funds (about $14 million, $10 million of which is public money) can transfer to Massport for the Greenway.

Millions of dollars saved. Park well kept. Public realm stays public. Problem solved.

Shirley Kressel
Boston

Correction

In “Local Ink” (Mass.Media, CW, Fall ’08), it was erroneously reported that the publisher GateHouse Media New England had a quarterly loss of $430 billion last year. The correct figure is $430 million. We regret the error.