Exposing Deceptive Abortion Practices
A New Collaborative Pro-Life Project
by David C. Reardon, Ph.D.
My own journey to understanding the abortion experience was first prompted
in 1982 when I read an article about Nancy Jo Mann, the founder of Women
Exploited by Abortion (WEBA). Pro-abortion critics of WEBA complained that
the name was misleading. "Women aren't exploited by abortion," they insisted.
"It's something they freely choose. Besides, abortion is a procedure, not
a person. Only people can exploit others."
Grammatically, the critics were right. A better name would have been
Women Exploited by Abortionists.
Of course, abortionists aren't the only ones who manipulate women into
choosing abortion. There are the unwanting boyfriends, unsupportive parents,
and selfish husbands. There are the genetics counselors, the racists, and
the population controllers at family planning clinics, high schools, and
social service agencies who steer women toward abortion as a means of social
engineering.
But the bottom line is that physicians have a legal and moral duty to
protect their patients. They have a duty to recommend only those medical
procedures which are most likely to help their patients. They also have
a duty to discourage and even to refuse treatments that are more likely
to hurt their patients than help them.
Abortionists aren't doing this. Instead, they offer abortion on request.
They let patients (or their partners, parents, or other ignorant advisors)
prescribe their own course of "treatment."
At the risk of repeating myself for the hundredth time, this is analogous
to a woman coming to a doctor complaining of a lump in her breast, declaring
she has breast cancer and demanding a radical mastectomy. If the doctor
responds, "Jump up on the table and we'll do it right now," that's not
medicine. It's malpractice. It's the prostitution of medical skills for
non-medical reasons.
Business Before Medicine
The truth goes one step beyond even that horror. At least the doctor in
the above example didn't have an ad in the yellow pages offering quick,
low-cost mastectomies on request.
But abortionists do just that. They use professional advertising campaigns
and PR budgets to promote their medical bordellos. They use modern marketing
techniques like offering "free pregnancy tests" as a "loss-leader" to attract
potential abortion clients. Even before the pregnancy test results are
back, a trained salesperson (who is often described as a "counselor" even
though she seldom is licensed or has any formal training as a counselor)
will begin to orient the customer toward abortion.
Carol Everett, who once directed an abortion clinic in Texas, has explained
that her "counselors" were trained to identify a woman's "hot buttons"
-- those problems and concerns that were uppermost in her mind. Whenever
a woman began to drift away from choosing abortion, the "counselor" would
bring up a "hot button" issue to steer her back to making the "right decision."
Abortion counselors are selling a product. Like every sales team, they
are trained to believe in their product. Just as a toothpaste salesman
convinces himself that Brand X is the best, abortion counselors convince
themselves that abortion is best for their "clients." They believe that
if there any problems surrounding a pregnancy, abortion is the solution.
When in doubt, abort. The woman can always have another baby when things
in her life are better, they assume.
Abortion is provided as a consumer product. Yet even in this respect,
abortion clinics fall far short of operating like respectable businesses.
Even retailers have an obligation to follow "truth in advertising" laws.
They cannot deceive their customers or conceal any risks involved in using
their products.
But this is exactly what abortion clinics are doing. Like old fashioned
snake-oil salesman, they market their product by promising women that abortion
is a panacea that can solve every problem related to an "unwanted" pregnancy
for one low price.
But is abortion safe? "Of course!" they respond. "Millions of women
buy this product every year. You don't see dead bodies out in the street,
do you?" The only thing that separates abortionists from other scam artists
are their medical degrees.
So what's the solution? Well, look at how our society finally protected
gullible people from the snake-oil salesman: we passed consumer protection
laws. Indeed, laws like the Uniform Deceptive Trade Practices Act are already
on the books. These same laws can be used to battle the deceits of the
abortion industry.
The problem is that these statutes are simply not being enforced against
abortionists. With your help, we hope to change that.
Expose Deceptive Abortion Practices (EDAP)
To address this problem, the Elliot Institute is launching a new project
called "Expose Deceptive Abortion Practices" (EDAP, pronounced "´dap").
EDAP is a collaborative project of pro-woman and pro-life groups who
wish to expose the abortion industry's deceptive and illegal business practices.
Specifically, it is a systematic effort to compile evidence and consumer
complaints to substantiate the charge that abortion clinics routinely violate
consumer protection laws.
Why Now?
In recent years, I have been quietly attempting to persuade pro-life attorney
generals in various states to investigate and prosecute abortion clinics
for violating consumer protection laws. Unfortunately, these efforts have
been fruitless. I suspect that these attorney generals are afraid that
any investigation of the abortion industry would immediately be attacked
by the pro-abortion media as a "witch hunt" undertaken to win "anti-choice"
votes rather than protect women.
I've concluded that even our most pro-life attorney generals will not
launch an investigation until they have a mountain of evidence and hundreds
of complaints from women on file.
We must be their investigators. In the process, we must also help to
ensure that the voices of women who have been injured by abortion are heard.
Irregular, Unfair, or Deceptive Business Practices
EDAP focuses on the practices of abortion clinics that violate normal business
law, unfairly profit from patients or otherwise exploit, manipulate, or
deceive patients.
We want to establish that business interests (cutting costs to reduce
profits) often prevail over the patient's interests. Furthermore, we want
to show that these business practices fall short of even standard business
ethics, not to mention medical ethics. In this regard, our efforts to document
these illegal and deceptive practices will be much more broad than past
efforts to document medical negligence.
It is in the area of abortion "counseling" that there is most clearly
an overlap between unethical medical and business practices. In this regard
we are very interested in applying the standards of the Uniform Deceptive
Trade Practices Act, which are much more consumer-friendly than the standards
normally employed in medical malpractice cases.
Generally, consumer protection laws prohibit any business practice that
involves "deception, fraud, false pretense, false promise, misrepresentation
or the concealment, suppression or omission of any material fact."
It is not necessary to show an intent to defraud or deceive. Under the
Uniform Deceptive Trade Practices Act, a deceptive trade practice is defined
to include any conduct which "creates a likelihood of confusion
or misunderstanding."
In addition, proof that women have actually been injured as a result
of this misleading information is not necessary. The likelihood that women
might be confused, misled, or deceived is itself sufficient to warrant
prosecution by the state's attorney general. Furthermore, whether the defendant
is prosecuted by the state or by a private attorney, the clinic and abortionist
may be held liable for both punitive damages and reasonable attorneys'
fees.
Identifying and Assisting Women in Filing Complaints
While the issue of deception is clearly a major issue, it is not the only
illegal business practice that should be documented. In the accompanying
article, "EDAP Investigation File," we have identified other specific areas
of investigation that can be used to justify the investigation and prosecution
of illegal or deceptive business practices. Many of these avenues do not
even require complaints by women. Still, a mountain of complaints from
women is absolutely necessary to overcome the political reluctance of state
prosecutors.
Since sending individual complaints directly to the attorney general
is likely to be frustrating (given the political nature of this problem),
this is not what we are recommending. Instead, women should initially send
their complaints to either a central collection point in their own state
or to the Elliot Institute.
We encourage local and state organizations to distribute the brochure
on pages 5 and 6 of this issue as widely as possible. The brochure explains
what we are doing with this project and includes an unofficial complaint
form.
How You Can Help
If your group wants to serve as a collection point in your state, the address
to which the complaints should be sent can be changed so they reach your
organization. In that case, however, please notify the Elliot Institute
so that we know who is participating, and most importantly, so we can put
you in touch with other organizations in your state who are also participating
in this effort.
These brochures can be distributed virtually anywhere. They can be given
to women attending post-abortion ministries or programs, seeking help at
crisis pregnancy centers, and entering or leaving abortion clinics, or
to women who have filed lawsuits against abortion clinics. They can be
left at churches and in public venues, such as laundromats or doctor's
offices. Notices of the opportunity to participate in this project should
be included in pro-life newsletters and church bulletins, which are received
by millions of women who have had a past abortion and are now looking for
a way to expose the truth.
Attorney generals will be most interested in complaints that are from
very recent abortions. But complaints about deceptive abortion practices
that took place even ten years ago, or longer, should still be collected.
This "old" evidence will help to establish that the pattern of deceptive
business practices described in more recent complaints is typical of a
deeply ingrained, long-standing and widespread pattern of deception in
the abortion industry.
It is likely that both your attorney general and the media will be most
interested if a large number of complaints can be brought forward simultaneously.
For the initial stage of this campaign, the minimum goal should probably
be to collect no less than 100 complaints.
Once you and the groups participating in your state have reached your
initial target level, a campaign to file official complaints with the attorney
general's office should be launched. The women who completed the enclosed
survey would be sent a copy of the state's official consumer complaint
form and asked to complete it and submit it to the attorney general's office.
(In most states, the women can request anonymity on this form, and that
request will be honored by the attorney general's office.) The organizers
should try to encourage the women to all submit their complaints in the
same month.
After the first wave of official complaints are filed, a press conference
should be held to explain this flood of complaints and to provide a platform
for individual women to express their demand that the attorney general
should crack down on deceptive abortion practices.
Additional information on participating in EDAP is included in the article
on pages 3-4. We will assist anyone participating in EDAP in any way we
can. Your comments and suggestions are also welcome.
Please ask your local pro-life groups and crisis pregnancy centers to
participate in EDAP.
Originally published in The PostAbortion Review 7(3) July-Sept. 1999.
Copyright 1999 Elliot Institute.
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