Forced arbitration clauses revoke consumers’ rights to dispute businesses (or employers) in court regarding negligence. Passing the FAIR Act can restore consumer’s access to the court system, depending on which party has Senate majority on 1/5/2020.
SAN DIEGO, CA, January 06, 2021 /24-7PressRelease/ — Forced arbitration is one of the most detrimental ways corporations block consumers’ rights to justice – but Congress passing the FAIR Act can change this.
Forced arbitration is a sneaky clause in many purchase orders that revokes a consumer’s right to a dispute with a business (or employer) to court. For example, with respect to the lemon laws (laws regulating defective products), forced arbitration means that consumers who buy defective products cannot seek justice by taking their case in front of a judge and jury; a system that is supported by their tax dollars.
Instead, they can only take their claim in front of a single private arbitrator – which overwhelming rule in favor of the corporations. Corporations commonly try to convince consumers that arbitration is a “cheaper, quicker” alternative to court. In reality, arbitration is merely a way for manufacturers/warrantors to avoid responsibility for defective and broken products.
Research has shown that arbitrators in many different arenas have been biased toward big business interests that repeatedly pay the arbitration companies to oversee the dispute, from employment disputes to lemon law claims. In fact, a large arbitration firm got caught for doing this back in 2009. In the automobile world, Tesla and many auto dealers have very one-sided forced arbitration clauses in their purchase orders.
The FAIR Act can change this reality. Last fall, the House passed the FAIR Act with a 225-186 vote in a huge win for consumers. This bill has the support of House Democrats but has face challenges in the Mitch McConnell Republican-controlled Senate, in short Mr. McConnell will not allow the FAIR Act an up or down vote in the Senate.
If Senate majority leader Mitch McConnell won’t allow this bill to be brought up for a vote – or the bill does not pass – American citizens hard fought constitutional right to a jury trial will remain blocked as will access to our courts. It is possible that a Democrat-controlled Senate can close this loophole in the legal system and restore American’s right to a civil jury trial.
Consumers bound by forced arbitration contracts are almost always denied the justice they deserve for corporate negligence. While the same restrictions do not apply in the reverse. If the FAIR Act is brought up for a vote, likely passing in the Senate, the average American can hopefully expect President Elect Biden to sign it into law – an action finally restoring a treasured constitutional right, the constitutional right to a civil jury trial.
If you have any questions regarding the FAIR Act, or its future, please contact your local representative and express your support for ending forced arbitration and restoring our constitutional right to a civil jury trial.
This press release was written by Brian Cline of Cline APC, a California lemon law firm.
Email Address: [email protected]
Cline APC, A California Lemon Law Legal Group, was created with one single mission, aggressively force manufacturers to buy back lemon vehicles. At attorney Cline’s California lemon law legal group your lemon law case will not be just another number. You will receive the individual attention necessary to quickly resolve your lemon law case.
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