Respond to the Chamber of Commerce - Support Fairness in Arbitration

[Guest guest]

Respond to the Chamber of Commerce - Support Fairness in Arbitration

On April 29th, people who were harmed by forced arbitration will travel to

DC to participate in Arbitration Fairness Day and urge support for the

Arbitration Fairness Act. In anticipation of next week’s event, the Chamber

of Commerce has inundated Capitol Hill with misleading paper opposing the

Arbitration Fairness Act.

Businesses oppose the Arbitration Fairness Act because the system of

forced arbitration allows them to escape accountability for discrimination,

harassment, gross negligence, fraud, and other corporate wrongdoing.

Businesses aren’t looking out for the best interests of consumers and

employees;

they want to protect their ability to force individuals into a system that

they design. Who wouldn’t want to control the method by which claims against

them are resolved?

The Truth: HR 1020, the Arbitration Fairness Act does not eliminate

arbitration, it just makes it voluntary. In other words, big business can’t

force

you to sign away your right to hold them accountable for their

wrongdoings, but a consumer can still choose arbitration.

Don’t listen to the hype. The Chamber knows full well that they must use

scare tactics to try and defeat this bill because they are on the wrong side

of this issue.

The Chamber of Commerce thinks Americans won’t hold them accountable for

spreading anti-consumer rhetoric. _Send a Letter to Congress_

(http://www.peopleoverprofits.org/c.ntJWJ8MPIqE/b.5108357/k.8422/Support_the_Arb\

itration_F

airness_Act/siteapps/advocacy/ActionItem.aspx) and tell them not to be

fooled by the U.S. Chamber of Commerce and their well-funded, big business

allies. Insist that they put People over Profits!

For more information on forced arbitration and the upcoming Arbitration

Fairness Day, or to sign a petition please visit _www.fairarbitrationnow.org_

(http://www.fairarbitrationnow.org/) .

Contrary to what the Chamber of Commerce claims:

Americans support the Arbitration Fairness Act. As the attached letter

reflects, civil rights, labor, and consumer groups representing millions of

Americans support the Act because it protects consumers and employees from

discrimination, sexual harassment, negligence, and predatory lending by

holding corporations accountable for their wrongdoings.

The Arbitration Fairness Act would only restore the Federal Arbitration

Act to what it was originally intended to do. Contrary to what the Chamber

claims, forced arbitration has not been used for 80 years in consumer and

employment contracts; it is business to business arbitration that has been

used for 80 years. Corporations started using forced arbitration in

consumer contracts beginning in the mid to late 1990’s, after court cases

held

that there was nothing in the Federal Arbitration Act that limited the use

of forced arbitration to only business-to-business disputes.

Consumers favor voluntary arbitration and the bill does nothing to limit

the use of arbitration after a dispute has arisen and both sides agree to

it. If arbitration is so fair and efficient, as the Chamber claims, why wouldn

’t consumers voluntarily choose it as a means to resolve their dispute?

If consumers don’t choose it, it’s because it’s not fair.

Forced arbitration is not better for consumers. The studies cited by the

Chamber carefully select the cases and distorted numbers they want to

report. For example, the Searle study actually shows that businesses win far

more often than consumers in mandatory arbitration and in much higher

amounts. Consumers win less, and when they do prevail, receive much lower

awards

compared to their original claim. If a consumer is to claim $5,000 and only

win $10, this counts as a “win†by Searle’s calculation, therefore

inflating its 53.3% “win rate†figure.

Consumers support the Arbitration Fairness Act. You only need to read the

questions included in the Chamber’s poll to understand why the results

that it cites are inaccurate. The Chamber’s poll, which purported to show

that voters did not support the Arbitration Fairness Act, asked voters: “If

you could choose the method by which any serious dispute would be settled

between you and the company, which would you choose?†(Emphasis added.) But

what they didn’t tell these voters is that forced arbitration takes away a

consumer’s choice. Under the current system, consumers are not allowed to

choose which option is best for them. They are not allowed to choose to file

a claim in court nor are they allowed to choose who the arbitrator will

be, or even what state they will have to arbitrate the claim in. Instead,

they are forced into an arbitration system that is set up to favor the

corporation and trample on the rights of the consumer. When consumers are

given

the choice to arbitrate after a dispute has arisen, they gain bargaining

power and are better able to enter into an arbitration system that is fair.

Thank you for Taking Action!

Jill Burke

People Over Profits

Sharon Noonan Kramer

**************Big savings on Dell XPS Laptops and Desktops!

(http://pr.atwola.com/promoclk/100126575x1220433404x1201394533/aol?redir=http:%2\

F%2Fad.doubl

eclick.net%2Fclk%3B214133109%3B36002181%3Bk)