On the recordSeptember 20, 2019
Madam Chair, I yield myself such time as I may consume. Madam Chair, my colleagues on the other side of the aisle have argued that forced arbitration is cheaper or easier than litigation and that consumers and workers should have a choice. The FAIR Act doesn't take away anybody's choice. It restores choice. It restores choice that has been taken away from the American people by big corporations that don't want to face liability or public scrutiny for their actions. This is a complete misrepresentation of what the bill does. The FAIR Act does not ban arbitration. It eliminates forced arbitration that is imposed on everyday consumers and hardworking Americans before a dispute even arises. And the notion that you have a choice, most consumers don't even know it is happening. When you check that box on the contract for your phone or your cable, you have given away your right to have your claims heard. It is very widespread in consumer employment contracts. These clauses are hidden, very often, from consumers and workers. They appear inside of envelopes and delivery boxes in the fine print of privacy policies, which often span dozens of pages. In most cases, people aren't even aware that they have signed away their right to a day in court, simply by using everyday goods and services. Companies still have the option to use arbitration, but only on a voluntary basis after a dispute arises and not by unilaterally imposing it on people by big corporate entities.…





