Category: Consumer Rights

March 29, 2007

They Write Letters: Let Phone Companies Do What They Want

Senator John Sununu (R-NH) and Mike Ferguson (R-NJ) wrote a letter to the Federal Communications Commission regarding the new business of wireless broadband. The letter is below the fold, but the important part is in this sentence.

With this action, the Commission has an opportunity to expand the deregulatory landscape to respond to the competitive marketplace for wireless services.

Essentially, Michael Ferguson and Sununu is asking the FCC to do nothing to regulate wireless businesses that will use the public airways -- for free -- to make boatloads of money. That same sentiment is what has given us such excellent cell phone service to date.

The real hypocrisy is that Ferguson would let the companies that broadcast broadband free reign using our airwaves, but wants to forbid you and me from recording radio shows. If you have TiVo, you know how great it is to record a show and skip the commercials. Ferguson would make that illegal for radio.

Ferguson wants to give the corporations freedom from government regulation, while regulate individual citizens.

Continue reading "They Write Letters: Let Phone Companies Do What They Want" »

October 26, 2006

What Does Mike Ferguson Have Against Sick Kids?

Over the last two weeks we've found out that Mike Ferguson told Carl Riccio's mother that her son would never walk again, and this week we learned that his staff refused to let 14 year old juvenile diabetes sufferer Lyndsey Rosethal talk to him [listen to her radio ad] about stem cell research.

Now we find that he is refusing to endorse a bill that would ensure drug safety and prevent adverse drug reactions in children solely because the bill was sponsored by Democrats. This is not hyperbole, and the witnesses to this have written the letter below.

“Congressman Mike Ferguson believes every child deserves the best quality health care.” This is what his campaign advertising claims. It might be true if it included the modifier, “in an election year.”

We are N.J. residents whose children’s lives have been threatened by adverse reactions to prescription drugs. We have been meeting with the congressman about drug safety for the last three years. It was only after a huge public outcry that the FDA has finally addressed the potential deadly adverse effects of antidepressants. This has resulted in a black box warning for these drugs as well as a required medication guide to be distributed to parents with each prescription. This guide is meant to fully inform parents of the risks of this category of drugs and their off-label, non-FDA approved use in children and teens. However, we have discovered that these medication guides are not being given to parents as the FDA directed.

We have met with Congressman Ferguson on numerous occasions regarding this matter. We have expressed our hope that he might intervene, as our elected representative, to ensure that this common sense and life-saving regulation is enforced. We have also asked him to sign on to existing bills that ensure and enhance drug safety. While he assured us that he cared about children’s safety, he informed us that he would not sign on to any bill that had been sponsored by a Democratic member of Congress. Apparently, partisan politics is more important than the well-being of the children of New Jersey.

He said this not only in our presence, but in the presence of our children who almost lost their lives.

Despite this setback, we have continued to speak with his staff on this issue; however, over the past year the congressman refused to meet with us personally. We have traveled to Washington multiple times to fight for the children of New Jersey with no response from the congressman. Amazingly, three months before the election we were invited to meet with his senior staff to discuss this issue. This meeting resulted in a letter from the congressman to the FDA demanding answers on this subject on August 31, 2006.

This is a full year after it was brought to his attention, two weeks prior to the Institute of Medicine’s scathing report on the inadequacies of the FDA, and just weeks before Election Day. This is simply too convenient to be coincidental!

To date the Congressman, the Vice Chairman of the Subcommittee on Health, has neither signed on nor initiated any legislation for drug safety.

Laurie Yorke
Lisa Van Syckel
Michelle Van Syckel
Ryan Yorke
Nicole Cumber-Teen victim
Dawn Jeronowitz

Mike Ferguson says he is pro-life, pro-family and supports moral values but his actions in refusing to help these parents of sick and injured children tell a completely different story.

Wrong choices. Wrong Congressman.

Contribute to Linda Stender today for a new House and a new future.

July 06, 2006

Letters: Contact Ferguson on Internet bill

The following letter was published in the Courier News on July 6, 2006:

Contact Ferguson on Internet bill

There currently is a battle going on that most people don't know about that could change how we use the Internet. Right now, cable and telecom companies cannot (legally) control what sites you visit and how quickly different sites come in. That could change very soon. Legislation being debated in the Senate and House (co-sponsored by Rep. Mike Ferguson) will let these companies control bandwidth or block sites they do not agree with.

This means that if you want information about competitors, you could be blocked. If you want a Web site advertising your small business to be seen, you might have to pay the companies an extra fee or your page might load extra slowly. If you want certain pages to load for you, you might have to pay a service fee to the company to get the service you already get right now. This is nothing short of censorship and extortion.

If you think this is a bad idea, please give your representatives a call, and since he is a sponsor and will not change his position, let Mike Ferguson know what you think by voting for Linda Stender in November, who is strongly against this legislation.

MATTHEW DAWSON
Hillsborough

For an easy to understand discussion on Net Neutrality, visit the Blue Jersey blog:

On the Internet you can access anything that people put out there. On Cable TV, the cable company decides what content they will allow you to access.

We've seen an excellent example in the past few years as the Yankees and Mets started their own cable TV stations to carry their games. Some cable TV companies quickly agreed to carry the new stations, while others did not.

As a result, many fans were unable to watch their beloved team's games, while other fans could. Why? Because the cable delivery companies wanted the stations to pay more money or they would not deliver the content to their subscribers.

That is what net neutrality is about. If you want to decide what content you can see without the interference of your Internet access provider, you are for net neutrality. If you want your Internet access provider to decide what you can see based on how much money they want, you're against net neutrality.

It's that simple. The profits of the company that delivers the content should not determine what content we can access.

May 10, 2006

Mike Ferguson Intentionally Mis-States Gas Proposal -- Or Does He?

Congressman Mike Ferguson decided to take a swipe at both Republicans and Democrats in his assessment of efforts to reduce gas prices for people in New Jersey's 7th Congressional District. His analysis was spot on for the Republican plan to offer a $100 check to every taxpayer in the country, but spot off in suggesting Senator Bob Menendez's plan would hurt New Jersey.

"Some people have been talking about the $100 rebate, (and) a gas-tax holiday," noted U.S. Rep. Mike Ferguson. "These are quick-fix, gimmicky solutions that do not address the challenges we face in terms of energy dependence. The gas tax holiday, that's just going to take money out of the Highway Trust Fund. That's critical to New Jersey."

It's true that the effort by Senate Majority Leader Bill Frist to offer all tax payers a $100 check whether they own a car or purchase gasoline is a gimmick meant to buy votes. But Ferguson either intentionally misstated Menendez's plan or didn't bother to learn about it before talking to the press.

Menendez proposed that the federal gas tax be suspended through the beginning of the summer driving season, when demand increases and results in higher prices at the pump. However, the plan also includes a commensurate reduction in the tax breaks Ferguson and the Congressional Republicans gave to the oik industry earlier this year. The plan would be revenue neutral, meaning that the Highway Trust Fund would have the same amount of money in it under the Menendez plan as it would without it.

But Ferguson didn't note that. Instead he decided to play politics with high gas prices, just like Karl Rove would recommend.

March 09, 2006

Ferguson's Opposition To Contraceptives

A number of people have called or written Congressman Mike Ferguson's office about the emergency contraceptive called Plan B to determine his position on whether it should be sold over the counter without a prescription. Plan B is made of the same stuff as the contraceptive known as the pill in higher concentrations, and has been approved by the FDA as an emergency contraceptive for use within days of unprotected sex to prevent conception. It is not an abortion pill.

To date his office has not answered the question once, though they do have a new tactic: answering a different question. A few weeks ago the following question was sent to Ferguson's office via his official on-line form:

What is your position on Plan B? Do you think it should be made available?

The answer that came back [after the jump] was about H.R.1652, the Access to Legal Pharmaceuticals Act, a bill that requires pharmacies to fill medical prescriptions even if the pharmacist has a moral objection to the drug. Interestingly, not only is this not an answer to the question Ferguson was asked but he also refused to take a position on this bill.

Thank you for contacting me regarding H.R.1652, the Access to Legal Pharmaceuticals Act. I appreciate hearing from you and having the benefit of your views. ...

H.R.1652 was referred to the House Energy and Commerce Committee. Should this legislation come to the House floor for a vote, I will reflect further on your well-stated views.

Ferguson sits on the House Energy and Commerce Committee, yet will only "reflect further" if the committee reads the bill out to the entire house. He would not say whether he believes the committee should approve the bill, or if he will vote against it. Of course, he doesn't have to because it is sponsored by a Democrat and has no chance of coming to a vote in the committee, much less for the entire house.

Previously, Ferguson has written that he would not support legislation requiring that hospitals inform rape victims that Plan B is available. Not that they give it to rape victims, but that hospitals be allowed to keep a rape victim in the dark of her medical options to prevent conception and, as such, avoid being impregnated by the rapist.

Based on his refusal to go on record regarding emergency contraception and his opposition to telling rape victims of their full range of legal health care options, it is reasonable to assume that Ferguson opposes the legal sale of Plan B. If that is not the case and he supports the sale, we will gladly change this post and publicize his position.

But Congressman Ferguson or someone from his office needs to tell us. We know from conversations with their chief of staff that they track this blog and are aware of our postings, so if they want to clear this up they can just write to info@blue7th.com.

So please call his office at (908) 757-7835 (NJ) or (202) 225-5361 (DC) and ask for Abby Bird, the Congressman's official spokeswoman, or someone else who can answer a question on Ferguson's position on Plan B.

If you get to Ms. Bird or another person capable of answering your questions, please ask them, "Does Congressman Ferguson support the sale of emergency contraceptives such as Plan B to women who wish to use them?" Please do not be confrontational, but just try to get an answer to the question.

If you do not get a person who will answer the question please visit the online form and ask the question that way.

Contact Blue 7th at info@blue7th.com with the day you asked the question and any answers you get.

Continue reading "Ferguson's Opposition To Contraceptives" »

March 03, 2006

Why Does Ferguson Back the RIAA Over His Constituents

Blue 7th PAC member reminds us why Mike Ferguson proposed a bill that would stop radio listeners fromb eing able to listen to programs when and where they want to: campaign cash.

According to Open Secrets, Ferguson has received $45.420 from the television, radio and music industries.

Mike Ferguson Wants To Cripple Your iPod

Update: Welcome Boing Boing visitors! Glad to have ya come by and learn more about Mike Ferguson. If you want to leave a little tip in our tip jar, we would surely appreciate any help in defeating him this November.]

Congressman Mike Ferguson introduced a bill in Congress yesterday which will make it impossible for you to record a radio show and play it back later on your iPod or other music device. The bill essentially forces manufacturers to implement features on satellite, high-definition and regular radios that allow broadcasters to block consumers from recording shows.

Rep. Mike Ferguson, R., N.J., will introduce the Audio Broadcast Flag Licensing Act of 2006 on Thursday (March 2). The bill includes an HD radio component and a satellite radio component, according to staffers in Fergusons office, who spoke to Billboard Radio Monitor on condition of anonymity.

The HD component requires any private company that plans to manufacture an HD radio must incorporate technology in that radio that works with a broadcast audio flag or something similar. The satellite component imposes similar audio-flag requirements on equipment manufactured for both XM Satellite Radio and Sirius Satellite Radio.

Back in the 1970s when VCRs were first gaining popularity the film and TV industries screamed and yelled that they would destroy their ability to make money, and movies would suffer. That threat never materialized, and now when you want to record a movie or sporting event to watch at a more convenient time you can.

Ferguson, apparently, doesn't like that idea for radio. He wants to let the Recording Industry Artists Association (RIAA) decide when you will listen to radio shows instead of letting you make that decision for yourself. That's why the RIAA endorsed the bill. They say it is necessary as "technological developments make it easier for consumers to capture and retain digital-quality audio without paying a fee for the content."

But that is just a smokescreen. We have had tape recorders for generations that people could record radio shows on and play them back in their car or on a WalkMan as they exercised. People used to trade Howard Stern tapes and that increased his popularity.

The RIAA wants to restrict your ability to record shows to no more than 30 minutes, and only if you actaully press the buttons to record the individual show. Additionally, they want to forbid you from editing any recordings you make to pick out the parts you want to listen to and avoid the commercials, offensive content and songs or guests you don't like.

The fact is that people who want to profit illegally by recording songs off the radio and selling or file-sharing them somehow can easily do it no matter what technology is put in their way. These people are unscrupulous and willing to violate the law to profit.

But the people like the residents of the 7th district who just want to record Imus in the Morning, Free Beer and Hotwings, Rush Limbaugh, Howard Stern or WPLJ and listen to it at their convenience will not be able to. This is a bill targeted directly at everyday consumers that will have no impact on the criminals who are intentionally breaking the law.

Contact Mike Ferguson's and tell him that stifling technological innovation and consumer freedom is the wrong way to go. Ask him to pull this bill immediately.

You can reach Ferguson at (908) 757-7835 (NJ) or (202) 225-5361 (DC) or write to him on his website. Please be courteous to the folks who answer.

You can send letters to the Courier News at letters@c-n.com, the Home News Tribune at letters@thnt.com, the Star Ledger at eletters@starledger.com, or the New York Times at letters@nytimes.com.

[Learn more about Mike Ferguson's positions on Consumer Issues]

April 09, 2005

Mike Ferguson Wants You To Pay, Fault or Not

We've all seen these ads on the TV for rent to own companies where you can get a big-screen TV, new stove or furniture for what seems like a negligible monthly price. It seems like a good deal, but it could turn into a nightmare for many consumers.

Let's say you went out and got some furniture and that big screen TV from rent to own place just in time for the big game. You and your friends are sitting on your rented couch watching the Yankees beating up on the Red Sox for a series sweep when you start smelling smoke. You look out the window and the neighbor's house is on fire.

Of course, you and your friends pick up some stuff – maybe a beer and some chips – and get the heck out of your house for safety just to be sure you don't get burnt or smoked out. Unfortunately, the fire department is unable to keep the fire from spreading, and it gets into your apartment, tearing through the couch and destroying the TV you're in the first month of a two year rental agreement for.

Who should be responsible for the damage? Mike Ferguson thinks you should be!

That's right, even though the fire wasn't your fault Mike Ferguson thinks that the current laws allowing rent-to-own companies to hold you liable for damage you did not cause are just fine the way they are. He voted against a measure on September 18, 2002 that would have allowed merchants to hold customers liable only if the renter intentionally damaged the item or was negligent in protecting it from harm.

It's just yet another example of Mike Ferguson refusing to look out for working families who get caught up in predatory renting and lending policies.

Contact Mike Ferguson on his website or by calling his office at 908-757-7835 and ask him why he thinks his constituents should be responsible for damages that are not their fault.

Send the answer you get to dumpmike@gmail.com or post it in the comments below.

April 03, 2005

Hypocrisy on Bankruptcy Laws

On March 19, 2003 Mike Ferguson voted against an amendment to bankruptcy "reform" legislation that would have forced companies going into bankruptcy to file in a court with jurisdiction over the locality where they primarily did business.

Unlike individuals, businesses can "venue shop" for the court that is most friendly to their claims, and also one that is far away from their creditors and the people they do business with. "Venue shopping" is used to shield businesses from having to pay their debts, and also to make it harder for people and other businesses with legitimate claims to go to court against the bankrupt business.

Individuals, however, have to file where they live. If the judges there are not sympathetic to bankruptcy then the individual is simply out of luck. It's yet another situation where an artificial entity is given more rights than an American citizen by Congress.

Mike Ferguson could have stood up and said that a debt is a debt, and if anyone -- a business or a person -- needs bankruptcy protection to settle their debts they have to use the same rules. But Mike once again stood against working families just trying to make a living.

Intersetingly, Mike Ferguson is a cosponsor of H.R. 420 which was submitted to the Congress on January 26, 2005 that specifically mentions venue shopping. Once again, it forbids an American citizen filing suit from looking for the best court in a personal injury lawsuit and requires them to file in the state and county where the injury happened.

So Mike is happy to let failed businesses venue shop for the best court to help their case, but if you are hurt due to a negligent manufacturer you are forced to file your case where you were hurt.

Contact Mike Ferguson on his website or by calling his office at 908-757-7835 and ask him why he wants to have different rules for failed businesses than for injured Americans.

Send the answer you get to dumpmike@gmail.com or post it in the comments below.