This aritcle first appeared on the Securities Arbitration Alert (SAA) Blog, here.
As we confidently predicted, the Democrats have reintroduced several bills to curb use of mandatory predispute arbitration agreements (“PDAA”).
Bill texts for the most part have not yet been published, so we’ll save for another day an exhaustive analysis. For now, we offer these brief descriptions:
The FAIR Act was announced by Rep. Hank Johnson (D-GA), at a February 11 hearing, Justice Restored: Ending Forced Arbitration and Protecting Fundamental Rights, held by the House Judiciary Committee’s Subcommittee on Antitrust, Commercial and Administrative Law. For an excellent analysis of the FAIR Act developments, see House Reintroduces a Proposal to Restrict Arbitration at a ‘Justice Restored’ Hearing, CPR Blog (Feb. 12, 2021).
(ed: *We are sure there are more bills to come. There were over 100 arbitration-related bills introduced in the last Congress. **As for what might be coming down the Congressional road based on what was proposed in the 116th Congress, see Friedman, George, Surprise! Some of the Anti-Arbitration Bills Introduced in Congress This Year May Actually Become Law (One Already Has), 2019:5 SAC 1 (Sep. 2019).)
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