Congressman Johnson in Rules Committee on FAIR Act, H.R. 963

Congressman Hank Johnson (GA-04), Chairman of the House Judiciary Subcommittee on Courts, Intellectual Property and the Internet, delivered the following speech before the Rules Committee on his legislation the FAIR Act -- the Forced Arbitration Injustice Repeal Act -- H.R. 963 on March 15, 2022:

M. Chair, I appear here today in support of my bipartisan legislation, H.R. 963, the "Forced Arbitration Injustice Repeal Act" or the "FAIR Act", which seeks to restore everyday American's Seventh Amendment right to access the court system as the framers of our Constitution intended.

The FAIR Act would ensure that men and women contracting with more powerful entities aren't forced into private arbitration, where the bigger party often has the advantage of choosing the arbitrator in an unappealable decision.

Arbitration clauses have permeated American life in recent decades. They've seeped into our cell phone contracts, our medical paperwork, our employee handbooks. These clauses are hidden in updated terms and conditions, incorporated into mid-year employee reviews, and implicit in purchase contracts. And they all prevent us from having our day in court.

The simple fact is that pre-dispute forced arbitration is a private process that subverts the purpose of the Seventh Amendment by preventing contracting parties from using the American court system when a dispute arises.

The private nature of the proceeding means that it does not create a public record and is not appealable. Repeated anti-consumer activity by companies never sees the light of day, and individuals remain incapable of holding more powerful entities accountable.

This culture of silence must change.

When a veteran who is fired for being deployed cannot take their former employer to court, something is wrong with the American justice system.

When an employee is forced into a private proceeding where their harasser gets to pick the judge, something is wrong with the American justice system.

And when American consumers need a legal education to understand what they're signing, something is wrong with our justice system.

The deck has been stacked against everyday Americans in favor of big businesses for far too long. And the pressure on the meek and powerless has only become greater as powerful corporate interests have realized that they can avoid accountability by incorporating arbitration clauses into every interaction they have with consumers.

President Biden recently signed into law H.R. 4445, the Ending Forced Arbitration of Sexual Harassment and Sexual Assault, protecting the rights of survivors of sexual violence to access the courts. We must continue this work without delay by passing H.R. 963.

The FAIR Act would make the system work for everyone, the way our Constitution intended. I urge this Committee to provide an appropriate rule to govern the FAIR Act's consideration, and I urge my colleagues to support this bipartisan legislation. Thank you.

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