Jerry Nadler: “Woman, I rise in strong support of H.R. 1423, the Forced Arbitration Injustice Repeal Act, or the FAIR Act. This…”

“Woman, I rise in strong support of H.R. 1423, the Forced Arbitration Injustice Repeal Act, or the FAIR Act. This critical legislation would restore access to justice for millions of Americans who are currently locked out of the court system and are forced to settle their disputes against companies in a private system of arbitration that is often skewed in the company's favor over the individual. Nearly a century ago, Congress enacted the Federal Arbitration Act to allow merchants to resolve run-of-the-mill contract disputes in a system of private arbitration that would be legally enforceable. The system that Congress envisioned was to be used voluntarily and only between merchants of equal bargaining power. However, the Supreme Court, over the past 40 years, has issued a series of decisions that have expanded the use of arbitration far beyond Congress' original intent or a fair reading of the text of the Federal Arbitration Act, creating the unjust system that we see today. Private arbitration has been transformed from a voluntary forum for companies to resolve commercial disputes into a legal nightmare for millions of consumers, employees, and others who are forced into arbitration and are unable to enforce certain fundamental rights in court. Many companies use forced arbitration as a tool to protect themselves from consumers and workers who seek to hold them accountable for wrongdoing.…”