The Forced Arbitration Injustice Repeal Act (FAIR) Act would ban forced mandatory pre-dispute arbitration clauses in nursing home cases. The bill would ensure that Americans can have their constitutionally guaranteed day in court.
Increasingly, the nursing home industry uses these unfair clauses to shield themselves from accountability in the courts. The arbitration is often (but not always) confidential. The Federal Arbitration Act does not require confidentiality. The Hill had a good article on the FAIR Act.
A 2019 survey of voters by Hart Research found that 84 percent of Republicans strongly believe consumers should have a choice of bringing their claims in court or arbitration, but not be forced into arbitration against their will. Democratic support polled similarly at 83 percent. And 63 percent of Republicans say that, given that choice, they’d prefer to have their case heard in a court of law.
87 percent of Republican voters and 83 percent of Democratic voters support the FAIR Act. Indeed, the FAIR Act offers a compelling opportunity to reinforce the Seventh Amendment.