The Consumer Financial Protection Bureau’s (CFPB) recent enforcement action against Ejudicate, a forced arbitration platform, highlights the urgent need to restrain a practice that hurts millions of consumers. The agency found Ejudicate had misled student borrowers about its neutrality in arbitration and illegally started sham forced arbitrations against those borrowers.
Last week, a New Jersey court ruled that a couple who had been seriously injured in an accident riding in an Uber forfeited their right to sue Uber because their 12-year-old had clicked on a pop-up box in order to track her Uber Eats pizza order a year earlier. The food delivery app contained a forced arbitration clause that the court said invalidated their right to hold Uber accountable in court.
While Disney’s legal ploy seems utterly crazy, most attempts to invalidate forced arbitration clauses are unsuccessful. As a result, forced arbitration clauses pop up in nearly every consumer and employee contract because companies know that people cannot fight back. When you click yes on terms and conditions for subscriptions or services or sign your credit card or employment agreement, you are signing away your legal rights.
AFREF joined a letter to the CFPB urging it to take action on the ongoing issue of forced arbitration in consumer financial services/products.
AFR joined a letter to Congress supporting Senator Blumenthal’s amendment to the National Defense Authorization Act (NDAA), to ban forced arbitration for service members suffering financial and employment abuse.
AFR joined a letter strongly supporting the Force Arbitration Injustice Repeal Act (FAIR Act). The letter stated that the legislation would ensure that workers, consumers, servicemembers, nursing home residents, ordinary investors, and small businesses harmed by bad actors will be able to bring valid claims in court, and would not be forced into private, secretive, corporate-controlled arbitration systems required by nonnegotiable contracts. It argued for the particular need for Congress to move forward with this legislation in light of the economic hardship facing working families during the pandemic.
The measure, which is scheduled for a vote at the company’s annual meeting next week, would block investors harmed by securities fraud or other corporate legal violations from bringing their claims as a class in a court of law, before a judge and jury. This would effectively end most shareholders’ ability to recover their losses in such cases, as they cannot affordably be brought individually in arbitration by any but the very largest institutional investors.
In a recent email to credit card holders, JPMorgan Chase notified its existing customers that they will now be subject to forced arbitration for any past and future dealings with the company. The new policy, which affects 47 million accounts, strips customers of their rights
On the first anniversary of the Trump administration, the Take on Wall Street coalition catalogs the ways that Wall Street made bank on Trump in 2017.
“’President Trump had a clear choice to make today between Wall Street and the rest of us,’ said Amanda Werner of Americans for Financial Reform and Public Citizen. ‘He chose Wall Street. But the rest of us will keep fighting to restore our rights so we can fight back the next time a company like Wells Fargo or Equifax tries to rip us off and get away with it.’”