On the recordSeptember 20, 2019
Madam Chair, I yield myself such time as I may consume. I would like to build a little bit again on what the real impact of forced arbitration is on consumers and workers. According to data from the two biggest arbitration providers, the American Arbitration Association and JAMS, only 1,909 consumers won a monetary award in arbitration over a 5-year period. In all nursing home arbitrations, only four won a monetary reward over that 5-year period. Of the 11,114 employment claims that were filed, only 282 won a monetary award. That is 2.5 percent. Of the 6,012 arbitration cases involving credit cards and banks, only 131 won monetary damages. That is barely 2 percent. These numbers make it clear that you are more likely to be struck by lightning than win a monetary award in forced arbitration. Furthermore, forced arbitration discourages consumers and workers from adjudicating disputes altogether, while the lower probability of victory and the meager legal fees associated with forced arbitration discourage attorneys from representing individuals in arbitration proceedings. Even when workers go to arbitration, the system can wreak havoc on their lives, and we heard many examples, particularly in the context of sexual assault and harassment victims. We heard during our hearing on forced arbitration from advocate and former FOX News commentator Gretchen Carlson who spoke forcefully about the horrifying effect that forced arbitration has on victims of sexual assault and harassment.…





