3.0.0 647 2023-01-11T13:36:15Z 2023-01-11T13:36:15Z Senate S 2017-03-15 115 ssju00 Judiciary Committee Senate Standing Referred to 2017-03-15T18:24:34Z Mandatory Arbitration Transparency Act of 2017 115 4130 HR 2017-11-14 Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law. Identical bill CRS 2017-03-15 ssju00 Judiciary Committee Senate Read twice and referred to the Committee on the Judiciary. IntroReferral 2017-03-15 Introduced in Senate IntroReferral 10000 9 Library of Congress B001277 Sen. Blumenthal, Richard [D-CT] Richard Blumenthal D CT N B000944 Sen. Brown, Sherrod [D-OH] Sherrod Brown D OH 2017-03-15 True M000133 Sen. Markey, Edward J. [D-MA] Edward Markey D MA J. 2017-03-15 True F000457 Sen. Franken, Al [D-MN] Al Franken D MN 2017-03-15 True M001111 Sen. Murray, Patty [D-WA] Patty Murray D WA 2017-03-15 True M001176 Sen. Merkley, Jeff [D-OR] Jeff Merkley D OR 2017-03-15 True W000802 Sen. Whitehouse, Sheldon [D-RI] Sheldon Whitehouse D RI 2017-03-15 True Law Alternative dispute resolution, mediation, arbitration Civil actions and liability Consumer affairs Contracts and agency Employment discrimination and employee rights Law 00 2017-03-15 Introduced in Senate 2017-05-03T20:56:36Z Mandatory Arbitration Transparency Act of 2017

This bill prohibits predispute arbitration agreements from containing a confidentiality clause regarding an employment, consumer, or civil rights dispute that could be interpreted to prohibit a party from: (1) making a communication in a manner such that the prohibition would violate a whistle-blower statute; or (2) reporting or making a communication about tortious conduct, unlawful conduct, or issues of public policy or public concern. But the prohibition shall not apply if a party can demonstrate a confidentiality interest that significantly outweighs the private and public interest in disclosure.

The validity or enforceability of such an agreement to arbitrate shall be determined by a court, under federal law, rather than by an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement.

The bill does not apply to contracts between an employer and a labor organization or between labor organizations, except that no such arbitration provision shall waive the right of an employee to seek judicial enforcement of a right arising under the U.S. Constitution, a state constitution, a federal or state statute, or related public policy.

The Federal Trade Commission shall enforce against violations by persons offering such agreements, which shall be treated as unfair or deceptive acts or practices under Federal Trade Commission Act. The bill also allows private rights of action by any persons aggrieved by a violation.

]]> Mandatory Arbitration Transparency Act of 2017 Display Title Mandatory Arbitration Transparency Act of 2017 Official Title as Introduced A bill to amend title 9, United States Code, with respect to arbitration. Introduced in Senate IS Short Titles as Introduced Mandatory Arbitration Transparency Act of 2017 Introduced in Senate 2017-03-15T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-115s647is/xml/BILLS-115s647is.xml 2017-03-15 Read twice and referred to the Committee on the Judiciary. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.