Written by Paul Bland
On October 25, 2007, the House Judiciary Committee’s Subcommittee on Commercial and Administrative Law held its second hearing on H.R. 3010, Rep. Hank Johnson's Arbitration Fairness Act. (This Subcommittee has jurisdiction over the bill.) H.R. 3010
would ban the use of pre-dispute binding mandatory arbitration in
consumer, employment, franchise and medical contracts. (The first
hearing was held on June 12th. I testified at it, and my testimony and
a transcript of the hearing can be found on the Public Justice website.)
Three members of the Subcommittee attended the hearing. The first is Subcommittee Chairwoman Linda T. Sanchez.
Rep. Sanchez has not yet co-sponsored the bill, but she spoke very
sympathetically towards the situation of consumers and employees who
have been treated poorly in mandatory arbitration systems. It also
can’t be understated that Rep. Sanchez showed that she has put a lot of
time into understanding the details of the issue, and she (along with
her staff) have obviously put a great deal of work into interviewing
and locating witnesses and giving both sides an opportunity to develop
an extensive record. The second is Rep. Johnson, the
sponsor of the bill, who is a courtly freshman representative from
Georgia and a powerful orator. The third member was Ranking
Subcommittee member Chris Cannon, who is a huge and
uncritical fan of mandatory arbitration. In the course of carrying the
water of the Chamber of Commerce on the issue, Rep. Cannon’s duties
apparently include trying to craft personal attacks on anyone who comes
forward with an individual story of having been abused by mandatory
arbitration.
There were two panels. On the first panel:
Laura MacCleery, Director of Public Citizen's Congress Watch Division, who spoke about Public Citizen's report ("The Arbitration Trap: How Credit Card Companies Ensnare Consumers") summarizing more than 34,000 arbitrations
handled by the National Arbitration Forum in California, and who also
spoke in some detail about the problem of arbitration clauses that ban
class actions. I have written in several forums that our law firm’s
experience (interviewing hundreds of consumers, and dozens of consumer
lawyers, strongly supports the conclusions of Public Citizen’s
groundbreaking report). Laura spoke with fervor and energy, and was
very articulate. Rep. Cannon tried to get her to admit that Public
Citizen’s report is very limited in scope, but Laura pointed out
(correctly) that it covered EVERY SINGLE case that the National
Arbitration Forum reported handling in California over a period of
several years.