On the recordMarch 17, 2022
Myth number 5, the FAIR Act violates the freedom to contract. This is my favorite one. Whose freedom? That of corporations or Americans? There was a comment that we are in the most successful economy in the history of the world, but for whom? Not necessarily for consumers or workers. Don't Americans have the right to participate in the economy without being forced to forego the rights and protections that are afforded to them under the law? The United States Constitution's Seventh Amendment guarantees the right to trial by jury for every American. What if corporations inserted provisions into their contracts forcing Americans to give up their First or Second Amendment rights to get or keep a job? Would we still be talking about the freedom to contract? Finally, the last myth. The FAIR Act is retroactive. It is not retroactive. It only applies to cases filed on or after the date of enactment. We need a level playing field between corporations and industries and the people who find themselves aggrieved by them. The arbitration process--make no mistake about it--is a private process. People bringing their claims need to be able to fairly evaluate the best forum for that claim to be adjudicated.
