Arbitration & Access to Justice

A major impediment to consumer vindication of their rights is the widespread use of mandatory arbitration clauses in consumer contracts.  This section of our website contains materials relating to various approaches to attack such clauses.  A model state law limits the use of such clauses while not being preempted by the Federal Arbitration Act.  A consumer law treatise, Consumer Arbitration Agreements, provides tactics to challenge arbitration agreements' enforceability.  Testimony and comments support federal legislation limiting mandatory arbitration.

Policy Analysis

Policy Briefs, Reports and Press Releases

• During National Consumer Protection Week, Consumer Advocates Warn About Harms of Forced Arbitration, Press Release, (March 7, 2013)
• U.S. Supreme Court CompuCredit Corp. v. Greenwood Decision Denies Basic Legal Right to Day in Court, Press Release, (Jan. 10, 2012)
• Report on Forced Arbitration: A Biased System of Private Justice, April 2010
• 10 Practice Implications of the NAF Stunner, July/August 2009

Letters

• Letter supporting H.R. 1020, Arbitration Fairness Act, July 2010
• Letter supporting Arbitration Fairness Act, H.R. 1020 (Johnson)
• Consumer Groups Support Nursing Home Arbitration Act S. 2838/HR 6126, May 2008
• Letter Supporting Arbitration Fairness Act, S. 1782, Dec. 2007

Comments

• Comments to the CFPB regarding Truth in Lending Act – Regulation Z: Loan Originator Compensation, Oct. 16, 2012
• Comments of the National Association of Consumer Advocates and The National Consumer Law Center: Notice and Request for Information on the Scope, Methods, and Data Sources for Conducting Study of Pre-Dispute Arbitration Agreements, June 23, 2012

Testimony

• Testimony: Recent Developments in the Forced Arbitration Market and the Continued Need for Protective Legislation
  - Exhibit I, Exhibit II, Exhibit III, Exhibit IV, Exhibit V

Model State Laws Limiting Arbitration

• Preservation of Legal Rights (e.g. class actions, statutory or equitable remedies)
• Limits on Arbitration in Insurance Transactions
• Cost Disclosures in Arbitration Agreements
• Limits on Consumer Arbitration
• Regulation of Arbitration Service Providers

Related Publications

• Consumer Arbitration Agreements 2011 Sixth Edition