[Congressional Record Volume 165, Number 151 (Thursday, September 19, 2019)]
[House]
[Pages H7777-H7778]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      ELIMINATE FORCED ARBITRATION

  The SPEAKER pro tempore. The Chair recognizes the gentleman from 
South Carolina (Mr. Cunningham) for 5 minutes.
  Mr. CUNNINGHAM. Mr. Speaker, I rise today in support of H.R. 1423, 
the

[[Page H7778]]

FAIR Act, which would eliminate forced arbitration clauses in 
employment, consumer, and civil rights cases, restoring the rights of 
consumers, workers, and small businesses to go to court.
  This is about respecting the Seventh Amendment, the constitutional 
right to a trial by jury, the right of every single American to get 
their day in court.
  This is also about public accountability. This is about ending the 
ability of bad corporate actors to shield their wrongdoing and patterns 
of violation from public scrutiny.
  Let me be perfectly clear: Forced arbitration clauses, which are 
often buried in the fine print in confusing legal jargon, put the 
interests of powerful corporations over American workers and consumers.
  This impacts every single one of us. Every person in this room at 
some point has unknowingly ceded their rights away when entering into a 
contract to buy a new car, to start a new job, or sign up for a new 
credit card. This is hurting real Americans, from the elderly people 
who are mistreated in nursing homes, or employees working overtime but 
not getting paid, to servicemembers who are fired or not rehired after 
returning from Active Duty. Very few of them are actually getting 
justice.
  In the last 5 years, the number of consumers who have won a monetary 
award from forced arbitration averages to 382 people a year. Let me put 
this into perspective: On average, more Americans get struck by 
lightning every year than win a monetary award from an arbitration.
  When corporations know that they can get away with such bad behavior 
and shield that bad behavior from coming to light, there is absolutely 
nothing incentivizing them to follow the law and treat consumers well.
  It should go without saying, but this legislation is overwhelmingly 
popular. Research shows that 84 percent of Americans oppose forced 
arbitration.
  I urge every single one of my colleagues to vote ``yes'' for the FAIR 
Act and restore vital rights to American consumers, workers, and small 
businesses.

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