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S. 1782, The Arbitration Fairness Act of 2007
- This item is from the 110th Congress (2007-2008) and is no longer current. Comments, voting, and wiki editing have been disabled, and the cost/savings estimate has been frozen.
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Visitor Comments
Cindy
October 29, 2007, 3:11pm (report abuse)I support the Arbitration Fairness Act. The original intent of the Fed. Arbitration Act needs to be restored. Customers are not at equal strength and do not do repeat business with arbitrators. Corporations do. Arbitration keeps numerous complaints out of public record, which means other consumers can't make informed decisions when they do their research before buying. If arbitration was so great consumers would voluntarily agree to it and not have to be forced. If you want to buy a car, house, computer, software, sports event ticket, go into a nursing home, get medical care, etc, you are almost certainly going to have to agree to arbitration or do without. People who think it's optional haven't been following what's going on.
Al
November 26, 2007, 10:27am (report abuse)Forced signature on arbitration agreements to do business with a company/corporation with the complicity of government and the courts is proof positive that both the government and courts are wholly owned subsidaries of corporate america.
Fred
December 12, 2007, 9:59am (report abuse)Small businesses are also impacted by the ability to append arbitration to their contracts. In a legal environment where settlements, and/or judicial awards have gotten way out of the realm of reality, small and large businesses have to be protected.
eleanor
January 6, 2008, 4:17pm (report abuse)I complied with arbitration and paid the award with a subprime mortgage over three years ago. My money has been missing for all this time - my accounts remain deliquent and court refused to enforce compliance with my payment (large sum). Instead, the court sent me back to arbitration where my claims remain unaddressed. Fortunately, I have a pro-bono attorney who works endlessly for me. We have filed a new federal district court claim this time evidencing a false HUD statement for the refinancing. Washington has refused to listen to me. I have been contacting everyone possible for help. No one will help me. Our mighty US legal system - as it once stood - no longer exists.
Eleanor
Gene
January 15, 2008, 2:44pm (report abuse)As a person in business that deals in contracts, the ability to have predispute arbitration is essential. There are SO many people in the world that believe that business is rich. If those people can find a reason to sue the business, the people could get a big fat check. In my 20+ years of business I find the predator to be the people. Most business that gets sued or a bad rep is from bottom feeding people looking to scam business. The court system (jury trial) is anti business.
Gordon
January 16, 2008, 6:06pm (report abuse)An increasing number of Bank Credit Card companies are adding Arbitration causes to their agreements (you know, the really small print flyers that they stick in with your bill). Since the National Arbitration Forum's (NAF) major support comes from the C.C. Banks, I wonder which party wins the award? Duh! You have no recourse except in court.
If you participate in any way, including responding the the NAF that you didn't agree to arbitration, the courts will say you agreed because you participated when you responded. If you agreed to the arbitration (by your participation) even though you claimed you don't agree,the courts will grant the Credit Card company a summary judgment anyway. Reason: The courts aren't that as interested in justice on a credit card issue as they are on not tying up the court. It's an easy way out for the court, and the consumer is assumed to be guilty. So much for justice!
It is a gross misuse of justice.
Beth
January 22, 2008, 10:33pm (report abuse)I think it is time we speak up for our rights and should have due process in all courts. What are they going to take away from us next? Binding arbitration written in small print is another way to stick it to us wonderful US citizens. Banks dictate what they want and they seem to get it. Well they aren't looking too godd now are they? :)
Mary
January 30, 2008, 8:28am (report abuse)I just lost in court to vacate an arbitration award from a brokerage firm I worked for where they charged me with legal fees based on an arbitration agreement I signed . Not only were Mo laws broken by the firm but the arbitrator was a liar and I showed proof. No justice at all!
Sandra
February 17, 2008, 11:23am (report abuse)I do not support the Arbitration Fairness Act. Arbitrators are more likely to be fair to small consumers than the courts, and lawyers will only take cases if they can make money -- thus, only the bid money cases get resolved. Arbitration is more likely to be an effective remedy than courts. With respect to "public policy" matters like civil rights, those are already exlcuded from arbitration under the existing law. This bill will not promote justice, but will promote more fees for trial lawyers.
Lucas
June 30, 2008, 3:48pm (report abuse)NAF is a scam. 99% of the awards go to business. San Francisco city filed a lawsuit against NAF and Bank of America. This arbitration fraud can not go on. It needs to stop. Best way is the passing of this bill
Bev
August 25, 2008, 12:43pm (report abuse)We as Americans are losing more and more rights as the individual is made submissive to the corporation. We need to take back the legal rights that were granted to the individual by our founding fathers. This bill will right a wrong!
AAA arbitration kiss my ---
August 25, 2008, 9:27pm (report abuse)The devils advocate AAA arbitration .
Home owners and soon consumers will have no rights.
AAA knowingly, willingly maliciously created a made up an award.
Boldly and with total recklessness or in spite of the law.AAA awards criminal behaviors which in turn brings in more profit for AAA
If one has no honor and did not believe in God
AAA would be #1 , their clientele and profit would go through the roof.
Excuse me they are and it has.
Steve
September 4, 2008, 4:46pm (report abuse)I support the S. 1782, The Arbitration Fairness Act of 2007. I think business owners should not force the consumers to sign the arbitration agreement in order to sell them products. I strongly believe that it is wrong to bypass the traditional legal process when resolving a dispute between customer and business owner. A dispute should be presented in court and ruled by a judge using established laws instead of an arbitrator's opinion. I think most of the time the result of the dispute always in favor toward businsess owners. Also, arbitration process would cost the customers a lot more than a regular law-suit. I believe that business owners would take advantage of the customers by cheating them more through arbitration. I wish that there is a law that would prevent the business owners from forcing or even asking the consumers to sign the arbitration agreement in order to sell them products. Thanks.
AAA shouts corrupt lawmakers
September 12, 2008, 12:05am (report abuse)The FBI charge Martha Stewart while AAA corruption, against all America.
AAA trashes constitution.
Fact Oath of Office I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God
AAA uses money, power, and greed. Fact Just ask AAA if they have ever in there history charged anyone with perjury. The Answer Is [NO] Why? I ask and I quote From AAA " everyone lies". Facts AAA has Rule, Ethics and there are Laws you say. Smoke and Mirrors. You must abide by the Rules, Ethics and Laws not AAA. AAA has immunity without accountability they can and have literally created false statement on contract[smoke] to point guilt at the victims [ mirrors].
Dave, Esq.
September 29, 2008, 3:44pm (report abuse)Arbitration Fairness Act is a very bad policy idea and will make bad law. The Arbitration process provides inexpensive and timely access to justice for all concerned and serves as a short term fix for our broken litigation system where often times plaintiffs' counsel extort settlements in frivolous cases because the cost to defend is high.
The AFA is too paternalistic and takes choice away from consenting adults. The government is essentially saying that we are too stupid and unsophisticated to bargain for ourselves. I say leave the marketplace alone and let parties utilize their respective bargaining strengths when they can. Otherwise, the government is merely redistributing income based on an undisclosed social policy.
mike
November 12, 2008, 11:05am (report abuse)The AFA is another Big Brother knee-jerk reaction by the federal government. Instead of looking at legislation that might FIX the current problems, let's just scrap the whole thing.
When done properly and fairly, arbitration is the most civil and sophisticated way to resolve dispute - which is why it has lasted over 5000 years!
Let's not 'throw the baby out with the bath water'. Fix the problems, but don't eliminate mandatory arbitration!
mike
November 12, 2008, 11:11am (report abuse)Incidentally, here's a fresh approach to arbitration - online arbitration. www.net-ARB.com does binding arbitration by email and they do it for as little as $199!
Chris
November 13, 2008, 9:46pm (report abuse)Pre-dispute arbitration provisions should not be baned entirely. This Bill should be modified and narrowed to focus on business-consume contracts, especially where there is unequal bargaining power (i.e. unsophisticated consumers). Financial institutions have placed these clauses in shrink wrap so that people are not even aware they are giving up their rights. I worked at a place dealing with sub-prime lending institutions (you know them as payday loans, auto title loans) and they just exploited people and then hid from justice with these pre-dispute arbitration clauses that courts love so much to enforce. So the people i tried to help, the elderly, Military Vets...ect. were screwed out of thousands of dollars on a $150 loan so they could get needed prescrition drugs...(these people do not have the credit or assets to go to a bank. These are the people who need to be protected, not Franchisees. This bill is a good start, but it kills a fly with a sledge hammer.
Wake up people
December 15, 2008, 3:55pm (report abuse)The falacy of the "greedy" consumer going after big money; that is the claim in defense of arbitration. If you loose in a court of law, and a consumer wins, the consumer was right. There is an appeal process if something about that decision was unlawful. Anyone against this act is clearly not looking out for the best interest of the American people.