Fair Arbitration
Most Americans don’t know that they are bound by forced arbitration. Buried in the fine print of employment, cell phone, credit card, retirement account, home building, and nursing home contracts are mandatory arbitration clauses. Just by taking a job or buying a product or service, individuals are forced to give up their right to go to court if they are harmed by a company. Because the private system of forced arbitration benefits companies – and disadvantages consumers and employees – more and more industries are using forced arbitration to evade accountability.
In arbitration, there is no judge, jury or right to an appeal. The arbitrators do not have to follow the law, and there is no public review of decisions to ensure the arbitrator got it right. Moreover, contracts typically name the arbitration firm that must be used – the one preferred by the company.
People who have been harmed by fraud, predatory lending, discrimination, negligence, defective products or scams should not be forced into arbitration: they should have a choice.
Take Action Against Forced Arbitration
Learn More About Arbitration Fairness
- New York Times Series on How Forced Arbitration Denies Our Rights
- Arbitration Case List by the Public Citizen Litigation Group
More Resources on Forced Arbitration
- Public Citizen Comments on Solutions 2020, January 11. 2017
- Federal Government Protects Nursing Home Residents Nationwide, Bans Pre-Dispute Arbitration Clauses, September 28, 2016
- Public Citizen Commends Education Department for Combating Arbitration Clauses in Higher Education, Urges a Stronger Approach, June 13, 2016
- Public Citizen Applauds House Progressives for Speaking Out Against Forced Arbitration, April 14, 2016
- Public Citizen Helps Lead Coalition to Deliver 21,000 Signatures to Department of Education, March 17, 2016
- 47 Groups Call on Department of Education to Halt Federal Funding for Predatory Schools That Deny Students’ Legal Rights, March 4, 2016
- Legislation Is Welcome Step to Protect Consumers From Forced Arbitration, Feb 4, 2016
- Activist Marching Band Delivers Petition to Citigroup Calling on the Banks to ‘Revoke Their License to Steal’, Jan 28, 2016
- Citizen Petition, Feb 24, 2016
- Coalition Comment Letter on CFPB Arbitration, August 22, 2016
- Coalition Letter to ED Title IV Arbitration, March 4, 2016
- Before the Federal Communications Commission, May 26, 2016
- Comments of Public Citizen In the Matter of Arbitration Agreements, August 26, 2016
- Consumer Financial Protection Bureau Agreement Over Corinthian Colleges Purchase Benefits Students But Leaves Protections in Doubt, Feb 3, 2015
- Comments to the Proposed Rule for Medicare and Medicaid Programs; Reform of Requirements for Long‐Term Care Facilities, Oct 14, 2015
- The CFPB Must Revoke Financial Institutions’ Get-Out-of-Jail-Free-Card, Restore Consumers’ Right to Their Day in Court, March 10, 2015
- Comments to the FAR Proposed Rule and DOL Guidance for Executive Order 13673, Aug. 26, 2015
- Letter to Director Cordray re: Forced Arbitration Study , March 24, 2015
- Letter to FINRA re: Request for support of release of arbitration data , Jan. 21, 2015
- Letter to JPMorgan Chase & Co. re: Forced Arbitration Petition , Jan. 28, 2015
- Letter to Citigroup Inc. re: Forced Arbitration Petition , Jan. 28, 2015
- Letter to U.S. Dept. of Education re: Use of Forced Arbitration in Corinthian College Acquisition , Jan. 22, 2015
- Consumer Bureau Offers Rules to Improve Prepaid Card Protections … But a Critical Safeguard Is Needed, Nov 13, 2014
- Public Citizen Commends Obama for Executive Order Restoring the Legal Rights of Employees of Federal Contractors, July 31, 2014
- Schwab Backs Down on Class-Action Ban, April 24, 2014
- It’s Not Just General Mills: Dozens of Major Companies Use Unfair Fine Print to Deny People Their Legal Rights, April 21, 2014
- Forced Arbitration: The Stealth War on Women’s Rights, March 10, 2014
- Petition to PNC Bank: Drop Forced Arbitration , Nov. 20, 2014
- Petition to Wells Fargo: Drop Forced Arbitration, Nov. 20, 2014
- Comments to the FCC on Its Notice of Proposed Rulemaking on Open Internet Protections , June 17, 2014
- Report: Cases That Would Have Been: Three Years After AT&T Mobility v. Concepcion, Claims of Corporate Wrongdoing Continue to Pile Up, May 1, 2014
- Report: Righting a Financial Wrong, February 27, 2014
- Press Release: Debt Settlement Services, Private Student Loan Lenders and Auto Lenders Continue to Escape Accountability By Using Forced Arbitration, February 27, 2014
- Righting a Financial Wrong, February 22, 2014
- The Federal Arbitration Act and Access to Justice: Will Recent Supreme Court Decisions Undermine the Rights of Consumers, Workers, and Small Businesses, Statement of Matthew Kilgore before the U.S. Senate Committee on the Judiciary (PDF), December 17, 2013
- Organizations’ letter to Congressional Committee re: Arbitration Fairness Act of 2013, December 16, 2013
- Selected Cases Impacted by ATT Mobility v. Concepcion and American Express v. Italian Colors (PDF), Decemeber, 2013
- Coalition Comments on CFPB Consumer Survey (PDF), August 6, 2013
- Coalition Letter: Support the Investor Choice Act of 2013 (PDF), August 5, 2013
- House Letter: Support the Arbitration Fairness Act (PDF), May 7, 2013
- Senate Letter: Support the Arbitration Fairness Act (PDF), May 7, 2013
- Letter from groups to SEC re: authority to restrict forced arbitration under Sec. 921 of Dodd-Frank Act (PDF), May 2, 2013
- Comments to the Consumer Financial Protection Bureau, Re: Options to Increase Private Student Loan Affordability (PDF), April 8, 2013
- Letter: To House Judiciary Subcommittee on the Constitution and Civil Justice Re: “Examination of Litigation Abuses” Hearing, March 13, 2013
- Report: Courthouse Doors Shut for Aggrieved Private Student Loan Borrowers?, July 23, 2012
- Groups’ comments to CFPB re: arbitration study, June 23, 2012
- Public Citizen comments to CFPB re: arbitration study, June 23, 2012
- Groups’ Letter to SEC regarding Carlyle Group’s IPO filing, February 3, 2012
- Report: In Post-Concepcion Era, Wireless Carriers Escape Accountability (PDF), October 2011
- Letter to House Judiciary Committee opposing H.R. 2847, The American Specialty Agriculture Act, September 14, 2011
- Press Release: Congress Must Undo Damage of U.S. Supreme Court’s Latest Anti-Consumer Decision, May 17, 2011
- Press Release: In AT&T v. Concepcion, U.S. Supreme Court Deals Crushing Blow to Consumers, April 27, 2011
- Fact Sheet: Class Actions Defend Against Systemic Civil Rights and Employment Violations (PDF), October 29, 2010
- Fact Sheet: Class Actions Empower Consumers, Help Them to Hold Wrongdoers Accountable (PDF), October 29, 2010
- Press Release: U.S. Supreme Court Shuts Courthouse Door to Consumers, Employees Challenging Unfair Arbitration Clauses, June 21, 2010
- Press Release: Win: Maryland High Court Says Third Parties Can’t Sign Away Nursing Home Residents’ Right to Go to Court, May 24, 2010
- Press Release: Arbitrators, Civil Rights Groups Tell U.S. Supreme Court: Don’t Erode Access to Courts, April 1, 2010
- Press Release: Will the U.S. Supreme Court Let Corporate America Judge Itself?, March 26, 2010
- Press Release: Senate Vote Will Hold Military Contractors Accountable, Protect Employees Who Are Victims of Sexual Assault, December 19, 2009
- Press Release: Franken Amendment Will Hold Military Contractors Accountable, October 6, 2009
- Press Release: Forced Arbitration Is Ubiquitous, New Public Citizen Study Finds, September 14, 2009
- Report: Forced Arbitration: Unfair and Everywhere, September 14, 2009
- Letter to William K. Slate II, President of the American Arbitration Association (PDF), September 14, 2009
- Letter to Chris Poole, President and CEO of JAMS (PDF), September 14, 2009
- Press Release: Coalition Encouraged by Bank of America’s Decision to Stop Using Forced Arbitration; Now Congress Must Act, August 14, 2009
- Press Release: Minnesota Settlement With National Arbitration Forum Demonstrates Need for Congress to Curb Forced Arbitration, July 20, 2009
- Press Release: Minnesota Attorney General’s Suit Shines Light on Unfair Arbitration Practices, July 15, 2009
- Press Release: Consumer Financial Protection Agency Bill is Right to Address Forced Arbitration, Says Coalition, July 14, 2009
- Report: Home Court Advantage: How the Building Industry Uses Forced Arbitration to Evade Accountability, May 20, 2009
- Letters to 17 State Attorneys General Urging them to Investigate Deceptive “Warranty” Programs, May 20, 2009
- Press Release: Home Builder Used Forced Arbitration to Avoid Accountability, May 20, 2009
- Press Release: Warrantless Injustice: Public Citizen Report Exposes Builders’ Use of Forced Arbitration and Deceptive Warranties to Escape Accountability for Construction Flaws, May 20, 2009
- Press Release: Poll: Americans Oppose Forced Arbitration, Demand Corporations Be Held Accountable, April 29, 2009
- Press Release: End Forced Arbitration Now, Groups Tell Congress, April 21, 2009
- National Study of Public Attitudes on Forced Arbitration (PDF), April, 2009
- Press Release: Congress Must Pass Bill to Protect Families From Unscrupulous Nursing Home Contracts, March 4, 2009
- Press Release: Congress Must Protect Used Car Buyers From Fraud, Shady Contracts, March 4, 2009
- Press Release: Congress Must Level Playing Field Between Consumers And Corporations, Pass Arbitration Fairness Act, February 12, 2009
- Press Release: Much-Needed Fair Pay Act Won’t Fully Help Some Employees, January 23, 2009
- Press Release: Nursing Home Industry Launches Campaign of Deception To Derail Protections for Elderly Residents, September 11, 2008
- Report: The Arbitration Debate Trap: How Opponents of Corporate Accountability Distort the Debate on Arbitration, July 20, 2008
- Letter to Members of Congress About the Arbitration Debate Trap, July 29, 2008
- Press Release: Chamber Research Flawed; Empirical Studies Prove That Arbitration Harms Consumers, July 29, 2008
- Press Release: Important Consumer Protections Move Ahead; House Subcommittee Passes Arbitration Reform Bills, July 15, 2008
- Letter of Support for the Arbitration Fairness Act Signed by 32 Groups, December 11, 2007
- Testimony of Laura MacCleery Before the House of Representatives Committee on the Judiciary, Subcommittee on Commercial and Administrative Law, About Arbitration (PDF), October 25, 2007
- Fact Sheet: Banking Industry & Arbitration Firms Still Wrong on Binding Mandatory Arbitration: Public Citizen Responds to Latest PR Spin, October 2007
- Report: The Arbitration Trap: How Credit Card Companies Ensnare Consumers, September 27, 2007
- News Coverage of The Arbitration Trap Report, December 2007
- Press Release: Mandatory Arbitration Enables Credit Card Companies To Trap Consumers, September 27, 2007
- Press Release: Mandatory Arbitration Stacks Deck Against Credit Cardholders, Data Show, September 27, 2007
- Press Release: Report Reveals How Credit Card Companies Trap Consumers with Arbitration, September 27, 2007
- Press Release: Statement of Troy Cornock: Victim of Binding Mandatory Arbitration Speaks Out, September 27, 2007
- Press Release: Public Citizen Urges Support for the Arbitration Fairness Act of 2007, July 12, 2007
- Fact Sheet about the Arbitration Fairness Act of 2007
- Fact Sheet: What You Can Do to Protect Yourself from Binding Mandatory Arbitration, 2007
- Bibliography of Law Review Articles on Binding Mandatory Arbitration, 2007
- Press Release: National Public Interest Organizations Urge Rhode Island’s Governor to Sign Consumer Protection Bill, July 12, 2005
- Press Release: Consumers Unwittingly Give Up Rights Through Binding Mandatory Arbitration Clauses Tucked in Contracts, February 24, 2005
- Press Release: Groups Launch Nationwide Effort to Stop Use of Binding Mandatory Arbitration Clauses, February 24, 2005
- Letter Urging State Insurance Commissioners to Investigate Questionable Arbitration Firm (PDF), August 12, 2004
- Press Release: Public Citizen Calls for 12 States to Investigate Insurers’ Use of Questionable Arbitration Firm, August 17, 2004
- Report: Cost of Arbitration: Executive Summary, May 1, 2002
- Press Release: Arbitration More Expensive Than Court – So Costly That Many Victims of Consumer Fraud, Employment Discrimination Give Up, May 1, 2002
- Press Release: Supreme Court Arbitration Decision Won’t Do Much to Help Employees, January 18, 2002
- Press Release: Fourth Circuit Decision on Arbitration a Setback for Employee Rights, November 26, 2001
- Press Release: Congress Should Ban Use of Mandatory Arbitration in Consumer Contracts, March 1, 2000