Comment Letters

January 2, 2018 | Filed under: Forced Arbitration

NACA commends Rep. Cheri Bustos' (IL) introduction of H.R. 4734, the Ending Forced Arbitration of Sexual Harassment Act. By making forced arbitration clauses invalid and unenforceable for claims of sexual harassment and other forms of sex discrimination as defined under Title VII of the Civil Rights Act of 1964, the legislation would ensure that workers can go to court to enforce critical protections and help them to seek justice for related harm. The proposal would be a positive step forward in the effort to eliminate forced arbitration altogether and restore individuals’ legal rights in consumer and workplace disputes.

*Revised January 3, 2018

November 7, 2017 | Filed under: Forced Arbitration

In a letter to the Senate Judiciary Committee, NACA wrote: "Access to justice is a fundamental right of the American people and small businesses. Yet overwhelmingly, harmed consumers and small businesses face impenetrable obstacles when they seek to go to court to obtain remedies. The Committee should reject any proposals that would further delay and deny ordinary people and small businesses of the right to use the public court system or that would interfere with the ability of judges and juries to do their jobs. Instead, the Committee should examine ways to restore meaningful remedies and access to court for individuals and small merchants."

October 30, 2017 | Filed under: Forced Arbitration

H.R. 2936, the poorly named “Resilient Federal Forest Act of 2017,” not only fails to improve the quality of public forests by promoting potentially harmful and destructive logging projects, but tramples on access to justice principles by stifling citizens’ ability to seek redress through our courts.

October 2, 2017 | Filed under: Forced Arbitration

NACA submitted a letter to the U.S. Senate Banking Committee to share its views for the upcoming hearing titled “Wells Fargo: One Year Later.” In September 2016, the Consumer Financial Protection Bureau (CFPB) fined Wells Fargo Bank, N.A. $100 million for illegally opening millions of accounts without its customers’ permission. Since then, the continued revelations and allegations of the bank’s years-long, systemic mistreatment and defrauding of customers to reap profit has been astounding. Indeed, the level of Wells Fargo’s offenses is reminiscent of the recklessness that led to the 2008 financial crisis when profitable but predatory financial schemes were accepted despite their devastating threat to American consumers’ financial security. It is in the Committee’s hands to support and uphold policies, including the CFPB’s arbitration rule, that will ensure Wells Fargo and other bad actors in the financial sector, such as the credit reporting agency Equifax, are not only held fully accountable for damage they cause but that they are also deterred from engaging in pernicious business practices in the first instance. 

 

September 26, 2017 | Filed under: Forced Arbitration | Tagged with: CFPB

National Association of Consumer Advocates (NACA), a national nonprofit association actively engaged in promoting a fair and open marketplace that forcefully protects the rights of consumers, particularly those of modest means, urged U.S. Senators to oppose S.J.Res.47 and H.J.Res.111, a resolution under the Congressional Review Act (CRA) that would repeal the arbitration rule issued by the Consumer Financial Protection Bureau (bureau). The Resolution would give the financial sector a pass to once again take away Americans’ legal rights that the bureau has rightfully restored.

August 7, 2017 | Filed under: Forced Arbitration

The National Association of Consumer Advocates (NACA), a national nonprofit association of attorneys and advocates actively engaged in promoting a fair and open marketplace that forcefully protects the rights of consumers, submitted comments to oppose the Centers for Medicare & Medicaid Services’ (CMS) proposal that would revise its own recent rule on the use of predispute binding mandatory arbitration by long-term care (LTC) facilities. NACA strongly disagrees with the CMS proposal that would rescind its well-supported rule. CMS should withdraw its proposal and retain the current rule.

July 25, 2017 | Filed under: Forced Arbitration | Tagged with: CFPB

NACA submitted a letter to the U.S. House of Representatives urging opposition to H.J. Res. 111, a resolution under the Congressional Review Act (CRA) that would repeal the arbitration rule issued by the Consumer Financial Protection Bureau (bureau). H.J. Res. 111 would give the financial sector a pass to once again take away Americans’ legal rights that the bureau has rightfully restored.

July 25, 2017 | Filed under: Forced Arbitration | Tagged with: CFPB

Today, the Military Coalition issued a letter to Congress in support of an arbitration rule issued by the Consumer Financial Protection Bureau that would restore legal rights of U.S. servicemembers and millions of other American consumers.

"The Military Coalition (TMC), a consortium of uniformed services and veterans organizations representing more than 5.5 million current and former servicemembers and their families and survivors writes today in strong support of the Consumer Financial Protection Bureau’s (CFPB) final rule on Arbitration Agreements (Docket No. CFPB-2016-0020; RIN 3170-AA51). The final rule addresses the widespread harm of forced arbitration by preserving the ability of service members and other consumers to band together to seek relief through the civil justice system when financial institutions have broken the law. We applaud the CFPB for moving forward on this rule that recognizes the detrimental effects of forced arbitration and class action waivers on our brave men and women in uniform."

 

February 6, 2017 | Filed under: Forced Arbitration

Public interest organizations sent a letter urging support of H.R. 585, which would amend the Securities Exchange Act of 1934 to prohibit mandatory pre-dispute arbitration (or forced arbitration) clauses in contracts that investors often must enter into as a condition for receiving services from broker-dealers or investment advisers. H.R. 585, sponsored by Rep. Keith Ellison and 11 original cosponsors, will restore investors’ ability to choose how to resolve disputes after they arise, whether in court, arbitration or other dispute resolution proceedings. 

January 31, 2017 | Filed under: Forced Arbitration | Tagged with: Regulations

NACA joins other public interest organizations in strong opposition to the use of the Congressional Review Act (CRA) to repeal the regulations implementing the Fair Pay and Safe Workplaces Executive Order. We are organizations dedicated to protecting workers, eliminating workplace discrimination and protecting access to justice. The Fair Pay regulations represent a much-needed step forward in ensuring that the federal contractor community is providing safe and fair workplaces for employees by encouraging compliance with federal labor and civil rights laws, and prohibiting the use of mandatory arbitration of certain disputes.

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