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Exposé Could Bring Changes To Forced Arbitration

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Thursday, November 5, 2015   

RICHMOND, Va. – In light of an in depth investigation by The New York Times, some in Congress hope to protect people from what they say is slanted and abusive forced arbitration.

The Times alleges that fine print in many contracts means employees and consumers are signing away their right to sue without even realizing it.

U.S. Sen. Al Franken of Minnesota says the clauses are in cell phone and credit card contracts and employment agreements.

He says the system works to tie the arbitrators to the corporations and erodes the constitutional rights of ordinary people.

"Everything that you've seen in the New York Times is what this is about,” he states. “It's about the right of people to go to court, to get to court.

“It's in the Constitution – it's in two amendments in the Constitution, in the Bill of Rights."

Franken says he is sponsoring legislation to reform arbitration.

Corporations argue that binding arbitration is a way to avoid complicated, expensive legal battles.

But Woodbridge trial lawyer Charles Zauzig says it often ends up costing more than going to court. And he says secret arbitration won't make a corporation change a bad behavior.

Zauzig points to a case the Times found of a Virginia housekeeper who didn't realize she'd agreed to arbitration at her job.

"When she had a sexual harassment claim, she had no legal recourse in court,” he points out. “There's no legal rules, there's no appeal, and it's done in secret. And nothing changes."

Zauzig cites one federal study that found one kind of class action case won more than $2.5 billion in relief for 160 million plaintiffs.

During the same period, he says, similar consumers won fewer than 100 arbitration cases – out of more than 1,000.

And the study found those consumers received less than $500,000, but spent almost $3 million.

Linda Lipsen, CEO of the American Association for Justice, says forced arbitration hits consumers from cradle to grave – in many agreements, including with obstetricians and funeral homes.

"Hidden in the fine print of everything from credit cards and cellphone contracts to nursing home admission forms and employee handbooks, forced-arbitration clauses are a free pass for corporations to steal and break the law," she states.





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