Much attention is now being paid to the expanded use of forced arbitration clauses in employment and consumer contracts, the attendant harms to consumers and employees, and the possibility of federal intervention. Recent media attention has highlighted the harms that arbitration inflicts on Americans every single day. And a flurry of federal activity (both congressional and regulatory) has sought to chip away at many of these harms.
The Model State Consumer and Employee Justice Enforcement Act provides model statutory language to implement possible state interventions. Titles I and II of the model act seek to protect the state’s interests both in enforcing laws consumer and employment laws and in ensuring efficient contracting and procurement. Titles III through VIII seek to protect employees’ and consumers’ access to justice without running afoul of federal law.