Support the Arbitration Fairness Act

Support Fairness in Arbitration

The Chamber of Commerce thinks Americans won’t hold them accountable for spreading anti-consumer rhetoric. Send a Letter to Congress and tell them not to be fooled by the U.S. Chamber of Commerce and their well-funded, big business allies. Insist that they put People over Profits!

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Dear (recipient name),

On April 29th, people who were harmed by forced arbitration will travel to DC to participate in Arbitration Fairness Day and urge support for the Arbitration Fairness Act.  In anticipation of next week’s event, the Chamber of Commerce has inundated Capitol Hill with misleading paper opposing the Arbitration Fairness Act.

Contrary to what the Chamber of Commerce claims:

1)  Americans support the Arbitration Fairness Act.  Civil rights, labor, and consumer groups representing millions of Americans support the Act because it protects consumers and employees from discrimination, sexual harassment, negligence, and predatory lending by holding corporations accountable for their wrongdoings.

2)  The Arbitration Fairness Act would only restore the Federal Arbitration Act to what it was originally intended to do.   Contrary to what the Chamber claims, forced arbitration has not been used for 80 years in consumer and employment contracts; it is business to business arbitration that has been used for 80 years.  Corporations started using forced arbitration in consumer contracts beginning in the mid  to late 1990’s, after court cases held that there was nothing in the Federal Arbitration Act that limited the use of forced arbitration to only business-to-business disputes.

3)  Consumers favor voluntary arbitration and the bill does nothing to limit the use of arbitration after a dispute has arisen and both sides agree to it. If arbitration is so fair and efficient, as the Chamber claims, why wouldn’t consumers voluntarily choose it as a means to resolve their dispute?  If consumers don’t choose it, it’s because it’s not fair.

4)  Forced arbitration is not better for consumers.  The studies cited by the Chamber carefully select the cases and distorted numbers they want to report.  For example, the Searle study actually shows that businesses win far more often than consumers in mandatory arbitration and in much higher amounts. Consumers win less, and when they do prevail, receive much lower awards compared to their original claim.  If a consumer is to claim $5,000 and only win $10, this counts as a “win” by Searle’s calculation, therefore inflating its 53.3% “win rate” figure.

5)  Consumers support the Arbitration Fairness Act.  You only need to read the questions included in the Chamber’s poll to understand why the results that it cites are inaccurate.  The Chamber’s poll, which purported to show that voters did not support the Arbitration Fairness Act, asked voters: “If you could choose the method by which any serious dispute would be settled between you and the company, which would you choose?” (Emphasis added.)  But what they didn’t tell these voters is that forced arbitration takes away a consumer’s choice. Under the current system, consumers are not allowed to choose which option is best for them.  They are not allowed to choose to file a claim in court nor are they allowed to choose who the arbitrator will be, or even what state they will have to arbitrate the claim in.  Instead, they are forced into an arbitration system that is set up to favor the corporation and trample on the rights of the consumer.  When consumers are given the choice to arbitrate after a dispute has arisen, they gain bargaining power and are better able to enter into an arbitration system that is fair.

Don’t Believe the Chamber’s Lies and Half Truths!

Please, cosponsor HR 1020, the Arbitration Fairness Act.

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