Comment of the Day: “Unethical Bank of the Month: Merrick Bank”

Diego Garcia entered an instructive description of an interaction with a bank on credit card matters that nicely illustrates a theme Ethics Alarms has been commenting on for quite a while. It is not exaggerated, because I have been enmeshed in dozens of these maddening experiences almost every month since my wife died last year. The practices are cruel, frustrating, time-consuming and hostile, and, I am convinced, often intentional. They are the product of multiple unethical conditions and practices, including incompetent management, needless technology complexity, sloth, poor hiring criteria, poor training, the public school system, lack of sufficient emphasis on English proficiency, corporate arrogance, outsourcing of jobs, inadequate staffing, and more. I also believe these systems and the factors creating them cause serious stress-related health problems among the public and even domestic and urban violence as well as mass shootings.

People have been conditioned to just shrug it all off as “how we live now.” We shouldn’t do that.

Here is Diego Garcia’s Comment of the Day on the post, “Unethical Bank of the Month: Merrick Bank”:

…I do have a recent BoA experience regarding account setups.

My sister has had a BoA credit card for something like 50 (!) years. She is very much not tech savvy, and is someone who always wants paper statements mailed to her.

On this card, she had made arrangements for her payment to be automatically drafted each month — the payment would be $150 or the statement balance, whichever was smaller. She had made this arrangement by phone as she never had set up an online account for this card. Well, a couple months ago they wrote her to say that they were cancelling this automatic payment and she would have to go online to set it back up.

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Unethical Bank of the Month: Merrick Bank

Not feeling smurfy this morning, but I have to get a few issues covered with dispatch. First up….

The Merrick Bank is incompetent. (Just my informed opinion, now! Don’t sue me!) For reasons irrelevant to this post, I recently acquired a Merrick Bank credit card, and now have my first bill to pay. After an absurdly involved registration process (including a glitch in the programming that I already registered a complaint about—the website registration asks for a first and a last name, but not a middle initial or a suffix. However, the application for the card DOES include spaces for middle initials and suffixes. So to register to use the “convenient website” to manage one’s account, entering what is asked for, first and last names, results in an error message.

After 25 minutes of fighting with the automated Merrick phone zombie, I finally reached a human being who explained that I was supposed to include my middle initial in the “First Name” space and the “Jr” suffix where it asked for my last name. “Oh. And how was I supposed to know that?” I asked. “I can understand your frustration, sir…” Yeah, bite me. FIX IT, assholes.

After deciphering the stupid system (which included deciding on three secret questions) I got to my current charges page. It stated that I owed $645.60 and asked if I wanted to pay “entire amount owed.” However, there seemed to be no way to learn what the charges were that totaled up to that amount. All I could get was the record of $67.00 in charges.

Again I went through automated phone zombie hell and eventually asked of the human representative who appeared after my being on hold for ten minutes the simple question, “I want to pay the entire amount owed. How do I discover on your ‘convenient’ website what those charges are? What’s the secret link?”

First, the guy had a virtually impenetrable accent. He spoke like Balki Bartokomous (Bronson Pinchot) from “Perfect Strangers” trying to do an impression of Bill Dana’s José Jiménez character imitating Curly Howard in the Three Stooges’ Maharaja routine. Repeatedly I asked him to slow down and speak clearly, which he couldn’t do. On top of this, he couldn’t give me a straight answer to my question. Finally I gave up and ask to speak to Balki’s supervisor.

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Employee Ethics and Professonalism: The Anthony Rendon Saga

The Los Angeles Angels (it’s a baseball team. Sheesh…) are in talks with long-time disappointment third baseman Anthony Rendon about buying out the final year of his contract. Rendon wants to retire, but doesn’t want to forfeit the final year, $38 million bucks of it in his seven-year, $245 million long-time contract that has become an albatross for the Angels and a bonanza for him. Rendon spent the entire 2025 season recovering from hip surgery, as was typical of his Angels tenure. He was paid all the same.

The 35-year-old has been limited to playing in only 205 of a potential 648 games since 2020, due to injuries to his left groin, left knee, left hamstring, left shin, left oblique, lower back, both wrists and both hips. He has never played as many as 60 games in any of the four 162 game seasons. When Rendon was able to play, he wasn’t very good. The Angels had made Rendon the game’s highest-paid third baseman in December 2019, whereupon he performed well in the pandemic-shortened 2020 MLB season (which I don’t think counts) and that was the end of his productivity.

Rendon has famously stated that he doesn’t really like baseball, he just happened to be good at it. It’s just a job to him, not a passionate pursuit that he cares about; he doesn’t care about the accolades or attention either. Did his lack of passion contribute to his failure to suit up and take the field because of all the injuries? Nobody can say.

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The Ethics Alarms 2025 “It’s A Wonderful Life” Ethics Companion

2025 INTRODUCTION

Once again, the annual Ethics Alarms posting of my guide to watching the 1946 classic is in Thanksgiving week, first, because I concluded a few years ago that it is a Thanksgiving movie, and second, because I personally need the movie right now. It’s a Thanksgiving movie because a man learns through divinely orchestrated perspective that he has a lot to be thankful for, even if it often hasn’t seemed like it in his life of disappointments and dashed dreams. He’s married to Donna Reed, for heaven’s sake! He has nothimg to complain about.

I just finished re-reading last year’s version and making some additions and subtractions. You know what? It’s worth reading again. I wrote the thing, and I still get a lot out of it.

Last year was a particularly gloomy one for me, and I’m afraid my annual introduction reflected that. It was hard for me to even watch “It’s a Wonderful Life,” which was my late wife’s favorite movie (well, tied with “Gone With the Wind” and “To Kill a Mockingbird”) last year, and, though I have had 364 days more to get used to existence with out her, I’m more resigned than better.

This year, in September, I had an “IAWL” moment when a lawyer whom I had only known for a few days pulled me aside at a gala celebration of the 52nd year of continuous operation of a student theater group I had founded my first year in law school. He said that his two young children, who I could see playing in the courtyard, wouldn’t exist if I hadn’t started the organization  where he met his wife, and he wanted to thank me.

The reunion of lawyers who  participated in the over 150 plays, musicals and operettas produced by the group revealed that dozens of lasting marriages and their children had been an unanticipated result of the unique organization, the only graduate school theatrical group in the U.S. “Strange, isn’t it?,” Clarence says to George as the metaphorical light finally dawns. “Each man’s life touches so many other lives. When he isn’t around he leaves an awful hole, doesn’t he?”

I’m not celebrating Thanksgiving this year for too many reasons to go into, but I guess I’m thankful that I’m here instead of a hole. It’s a lowly measure of success, but I’ll take it.

Grace so loved the final scene when Harry Bailey toasts, “To my big brother George, the luckiest man on earth!” and everyone starts singing  “Auld Lang Syne.” She always started crying, and, to be honest, I think I’ll skip that part this year. When I watched it last year, it almost killed me. 

Besides, Billy Crystal (actually Nora Ephron, who wrote his lines) pretty much ruined “Auld Lang Syne” for me with his observations in “When Harry Met Sally.” The song really doesn’t make any sense, it just feels right. One might say the same thing about “It’s A Wonderful Life.”

I won’t, however.

PREFACE

Frank Capra must have felt that the movie was bitterly ironic. It was a flop, and destroyed his infant project with some other prominent directors to launch a production company called “Liberty” that would give directors the liberty to put their artistic visions on the screen without interference from the money-obsessed studios. “It’s A Wonderful Life” was the first and last film produced by Liberty Studios: it not only killed the partnership, it just about ended Capra’s career.

James Stewart was, by all accounts, miserable during the shooting. He suffered from PTSD after his extensive combat experience, and the stress he was under shows in many of the scenes, perhaps to the benefit of the film.

It is interesting that the movie is scored by Dmitri Tiompkin, a Russian expatriate who is best known for scoring Westerns like “Red River” and “High Noon.” He wasn’t exactly an expert on small town America, but his trademark, using familiar tunes and folk melodies, is on full display. Clarence, George’s Guardian Angel (Second Class), is frequently underscored with the nursery rhyme “Twinkle Twinkle Little Star” because he is represented by a star in the opening scene in Heaven. The old bawdy tune “Buffalo Girls” is another recurring theme, an odd one for a wholesome film, since the buffalo girls were prostitutes.

Donna Reed is a revelation in the film. She is best remembered as the wise and loving Fifties mom in “The Donna Reed Show” (in the brilliant satiric musical “Little Shop of Horrors,” doomed heroine Audrey singing about her dream of domestic bliss “somewhere that’s green” sings “I cook like Betty Crocker and I look like Donna Reed.”) But she was an excellent dramatic actress, and Hollywood did not do her talents justice. She was also, I am told by my freind and hero Paul Peterson who played her young son Jeff, as nice and admirable in person as she seemed on the show.

Lionel Barrymore, once described by a critic as an actor who could overact just by sitting still, is nonetheless a memorable villain. It was no coincidence that he was known at holiday time for playing Scrooge in an annual radio prouduction of “A Christmas Carol.” Barrymore was an alcoholic like his two siblings, John and Ethel, both regarded more highly as actors but less able to work reliably through their addiction. Lionel was in a wheelchair for his latter career; he wouldn’t have been if he had been born a few decades later. He needed hip replacements and those weren’t possible for his generation. As a result, he is the only memorable wheelchair-bound film actor of note.

Thomas Mitchell, George’s pathetic Uncle Billy, was one of the greatest Hollywood character actors of his or any other era. He is memorable in many classics, including “High Noon,” “Gone With the Wind,” “Mr. Smith Goes to Washington,” “Stagecoach” and more, while also starring in several successful Broadway plays.  On stage he created the role of the rumpled detective “Columbo,” his final role.

The cop and the cab driver, Bert and Ernie (names borrowed by “Sesame Street” in a strange inside joke) were played by Ward Bond, another prolific character actor who shows up in key roles in too many great movies to list, and  Frank Faylen, who made over 200 movies with IAWL being the only certified classic. Both Bond and Faylen found their greatest success on TV, Bond as the cantankerous wagonmaster and star of “Wagon Train” and Faylen as the apoplectic father of highschooler Dobie Gillis in “The Many Loves of Dobie Gillis.” I don’t think any character on TV made my father laugh as hard as Faylen’s “Herbert T. Gillis.”

Now that the introductions are over with, let’s go to Bedford Falls…but first, a stop in Heaven…

1. A Religious Movie Where There Is No Religion

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Ethics Dunces: 98 Democratic Party House Members

One would think that a Congressional resolution calling for the condemnation of communism and socialism would be an easy one to vote for, but one would be wrong. Rep. María Elvira Salazar (R-Fla.), the daughter of Cuban refugees, introduced a non-binding resolution to Congress this past week called “Denouncing the horrors of socialism.” Most of the historical villains referenced in the resolution —Vladimir Lenin, Joseph Stalin, Mao Zedong, Fidel Castro, Pol Pot, Kim Jong Il, Kim Jong Un, Daniel Ortega, Hugo Chavez, and Nicolás Maduro—were Communists. Nevertheless, not only did 100 members of the Democratic Party vote against a statement of principles that flows directly from our founding documents and core values (Jefferson wrote, “To take from one, because it is thought that his own industry and that of his fathers has acquired too much, in order to spare to others, who, or whose fathers have not exercised equal industry and skill, is to violate arbitrarily the first principle of association, the guarantee to every one of a free exercise of his industry, and the fruits acquired by it,” and Madison added that it “is not a just government, nor is property secure under it, where the property which a man has in his personal safety and personal liberty, is violated by arbitrary seizures of one class of citizens for the service of the rest…), they were confident enough of the effectiveness their party’s pro-socialist propaganda to go on the record as opposing that statement. All the worst villains are there: the “Squad,” Pelosi, Jaimie Raskin, Maxine Waters.

The number of Democrats unwilling to condemn socialism, and therefore its nasty offspring communism, was even more damning: in addition to the 98 naysayers, two Democrats voted “present” and 47 weenies refuse to vote at all.

Democrats are now telling us exactly who they are and what their agenda is.

BREAKING: Ethics Alarms Galore in New Lawsuit: Is The NFL Colluding Against Its Most Passionate Fans?

It sure looks like it.

The mainstream media is terrible at covering lawsuits, and this one is no exception. Attention should be paid, however. The allegations are serious, and particularly ominous for professional sports, which are all in a perilous state right now thanks to their greedy negligence allowing gambling to taint their credibility. The law suit, which has mountains of evidence to support it, alleges a conspiracy among Fanatics Inc., the National Football League and TikTok “to monopolize the sports memorabilia market, suppress competition, and destroy small business sellers.” The specific allegations are:

  1. Violation of Sherman Act §1 (Conspiracy in Restraint of Trade) 
  2. Violation of Sherman Act §2 (Monopolization / Attempted Monopolization) 
  3. Violation of Clayton Act §3 (Exclusive Dealing) 
  4. Violation of California Cartwright Act 
  5. Violation of California Unfair Competition Law (Bus. & Prof. Code §17200) 
  6. Tortious Interference with Contractual Relations 
  7. Tortious Interference with Prospective Economic Advantage 
  8. False Advertising and Unfair Competition (Lanham Act §43(a)) 
  9. Common Law Unfair Competition 
  10. Breach of Covenant of Good Faith & Fair Dealing 

The victims of the conspiracy are passionate NFL fans, collectors, and families who began lucrative businesss selling NFL souvenir items only to be threatened and blocked, costing them dearly.

If you aren’t a sports memorabilia collector, you may be unaware of the extent to which a company called Fanatics dominates the business. One reason for this is that the part of the memorabilia business at issue exploded in activity and profits fairly recently. During the stupid pandemic lockdown, small business entrepreneurs calling themselves “breakers” devised a new approach to sports memorabilia and collectables marketing by livestreaming so-called “box breaks” on TikTok, eBay and other platforms. The result was billions in secondary-market sales and thousands of everyday Americans profiting while retired professional athletes had income from participating in autograph signings and memorabilia events. 

All was well, and everyone profited, until 2021, when Fanatics, backed by equity funding from Silver Lake Technology Management and with the cooperation of the NFL and other sports leagues, decided to monopolize the collectibles and memorabilia industry. Fanatics acquired exclusive licensing rights from the major sports leagues and players’ associations, purchased the iconic trading card manufacturer Topps, and launched new brands such as Under Wraps. The scheme was to take the autograph and memorabilia markets away from independent dealers and breakers, fixing the profits while freezing the small business memorabilia traders out.

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And Now…Here Comes A.I. Derangement Syndrome!

Coca-Cola’s AI ad just ruined Christmas… again” rages tech blog CB (Creative Bloq) Wow. A Coca-Cola by-the-numbers holiday ad lasting a bit more than 60 seconds ruined Christmas just like the Grinch or Mr. Potter. How is that possible?

It isn’t, but apparently the new tool of artificial intelligence which can create things like the Coke ad faster and cheaper than CGI has some folks losing their jingle bells. What’s going on here?

This: the Marxists and progressives on social media and elsewhere are upset because AI puts actors out of work, or soon will. Of course, except for Santa, there are no humans in the ad to be put out of work, but the critics on X and elsewhere aren’t fooled. Coke used cute animals, see, so people would be fooled into thinking that AI wasn’t taking away human jobs. “Firstly, can you really put aside the issues of AI generated creative displacing artists simply by using animals instead of humans?,” Fergus McCallum, CEO at TBWA\MCR wonders. “Even if you can, there’s no getting away from the lack of joy and authenticity. As audiences start to turn away from the AI slop being served to them on a daily basis, Coca-Cola are in danger of becoming inauthentic too. Whatever happened to ‘I’d like to teach the world to sing’?!”

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Write Your Own Ethics Movie Treatment In Today’s Open Forum!

The condign justice article in the New York Times right now is the news about how badly comedies and drama are doing at the movie box office. Good. Hollywood deserves it, and has for a while. The gift link is here, but the article is biased and incompetent. When the Times gets around to theorizing about why this is happening, guess what it omits?

The Wuhan Virus freakout and lockdown, which Hollywood’s wildly woke pals in the news media, the medical profession, the teachers’ unions and in government agencies inflicted on the nation and the culture. Ending the important social binding function of shared audience experiences is just one of the collateral catastrophes the mass, partially politically-motivated fearmongering created.

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The Duty To Remember: Jan Ernst Matzeliger, Inventor, (1852-1889)

This kind of thing drives me crazy, as regular and long-time readers here know. The culture and society lose so much when important events, figures and trailblazers are gradually lost—forgotten, ignored, erased by ignorance and apathy. That this remarkable and important inventor somehow fell into the memory hole of American history is particularly galling because he was black, and black activists have gone to extreme lengths, at times manufacturing significant black historical figures out of otherwise marginal accomplishments, to show the contributions of African Americans to U.S. society and culture. Jan Ernst Matzeliger was a big deal. We should know his name.

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Ethics Hero: Singer Tish Hyman

In an ethics seminar I recently described how conduct could be legal but unethical (example: lying) and ethical but illegal (civil disobedience). Singer Trish Hyman decided that a little disturbance of the peace in a Gold’s Gym’s cafe area was the best way to draw attention to the gym’s unethical (and stupid….but woke, so it’s okay) practices regarding dangling penises in women’s changing rooms, so she shouted out her complaint raucously and made sure it was recorded.

The Beverly Center Gold’s Gym revoked the singer’s membership after she complained that a transgender wannabe woman (“with a big dick”) being in the women’s dressing room. “Today I was naked in the locker room. I turned around, and there was a man there. Boy clothes, lip gloss, standing there looking at me, and I’m butt naked,” Hyman said in a video posted on TikTok.

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