NACA to U.S. House Financial Services Committee: Accountability in the financial marketplace is crucial, and we remain concerned over Wells Fargo's use of restrictive contract terms, known as forced arbitration clauses, that deny its customers of their right to go before a judge and jury when they are harmed by its misconduct. It is time to end this practice.
The National Association of Consumer Advocates, a national nonprofit organization engaged in promoting a fair and open marketplace that forcefully protects the rights of consumers, particularly those of modest means, writes Congress to share our strong support of legislation that would end the corporate use of forced arbitration against consumers and workers.
This letter to Congress was updated on January 3, 2019.
NACA and Fair Arbitration Now coalition strongly supports the Restoring Justice for Workers Act, which would ensure that millions of U.S. workers will once again have their day in court to enforce protections available to them under employment and civil right laws.
One-year after tie-breaking vote in Congress that killed CFPB's arbitration rule, consumers still need their rights restored.
NACA joins with organizational partners calling on technology companies to remove forced arbitration clauses from contracts with their employees.
NACA urges the Department of Education to maintain the prohibition on forced arbitration clauses and class action bans in for-profit college enrollment contracts with students.
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
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."
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.