Published: September 2024

Advocates urge mark-up and vote on Forced Arbitration Injustice Repeal (FAIR) Act

In response to Disney’s attempt to quash a wrongful death lawsuit by invoking the forced arbitration clause in its Disney+ trial subscription, advocates urged Congress to mark up the Forced Arbitration Injustice Repeal (FAIR) Act (S 1376 and HR 2953), and to bring the legislation to a vote so that Americans can regain their fundamental right to justice through the court system.

More than 40 advocacy organizations signed a letter to the U.S. Senate and House Judiciary Committee leaders urging them to immediately mark up the Forced Arbitration Injustice Repeal (FAIR) Act (S 1376 and HR 2953) and bring the legislation to a vote. The letter was sent in response to a wrongful death lawsuit brought by a man whose wife died on Disney grounds in Florida because a park restaurant allegedly failed to heed the couple’s numerous warnings and requests related to the woman’s food allergies. Disney initially responded by claiming that the husband could not proceed in court due to a forced arbitration clause in the terms of a Disney+ trial subscription and separate Disney online account that he created five years earlier. Pre-dispute forced arbitration clauses in corporate terms and conditions undermine consumers’ ability to enforce their rights when harmed in the marketplace and shield corporations from being held accountable. Disney eventually relented in the face of public outrage, but forced arbitration clauses in consumer contracts continue to deprive millions of consumers of their essential right to seek justice in court. Passage of the FAIR Act, would ensure that American families can exercise their constitutional right when they need it.

Lead Organization

National Association of Consumer Advocates

More Information

Read the letter here.

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